    [Senate Hearing 117-650]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 117-650

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

    =======================================================================

                                    HEARINGS

                                   BEFORE THE

                              SUBCOMMITTEE OF THE

                COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                       on

                                   H.R. 4505

       AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE AND
     JUSTICE, AND SCIENCE, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
                   SEPTEMBER 30, 2022, AND FOR OTHER PURPOSES

                                   __________

                             Department of Commerce
                             Department of Justice
                        Federal Bureau of Investigation
                 National Aeronautics and Space Administration
                          National Science Foundation
                    Office of the U.S. Trade Representative
                           Nondepartmental Witnesses

                                   __________

             Printed for the use of the Committee on Appropriations

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov

                                   __________

                        U.S. GOVERNMENT PUBLISHING OFFICE
    44-162 PDF                  WASHINGTON : 2023

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

                          COMMITTEE ON APPROPRIATIONS

                        PATRICK LEAHY, Vermont, Chairman

    PATTY MURRAY, Washington             RICHARD C. SHELBY, Alabama, Vice
    DIANNE FEINSTEIN, California             Chairman
    RICHARD J. DURBIN, Illinois          MITCH McCONNELL, Kentucky
    JACK REED, Rhode Island              SUSAN M. COLLINS, Maine
    JON TESTER, Montana                  LISA MURKOWSKI, Alaska
    JEANNE SHAHEEN, New Hampshire        LINDSEY GRAHAM, South Carolina
    JEFF MERKLEY, Oregon                 ROY BLUNT, Missouri
    CHRISTOPHER A. COONS, Delaware       JERRY MORAN, Kansas
    BRIAN SCHATZ, Hawaii                 JOHN HOEVEN, North Dakota
    TAMMY BALDWIN, Wisconsin             JOHN BOOZMAN, Arkansas
    CHRISTOPHER MURPHY, Connecticut      SHELLEY MOORE CAPITO, West
    JOE MANCHIN, III, West Virginia          Virginia
    CHRIS VAN HOLLEN, Maryland           JOHN KENNEDY, Louisiana
    MARTIN HEINRICH, New Mexico          CINDY HYDE-SMITH, Mississippi
                                         MIKE BRAUN, Indiana
                                         BILL HAGERTY, Tennessee
                                         MARCO RUBIO, Florida

                       Charles E. Kieffer, Staff Director
               Shannon Hutcherson Hines, Minority Staff Director

                                     ------

        Subcommittee on Commerce, Justice, Science, and Related Agencies

                    JEANNE SHAHEEN, New Hampshire, Chairman

    PATRICK LEAHY, Vermont               JERRY MORAN, Kansas, Ranking
    DIANNE FEINSTEIN, California             Member
    JACK REED, Rhode Island              LISA MURKOWSKI, Alaska
    CHRISTOPHER A. COONS, Delaware       SUSAN M. COLLINS, Maine
    BRIAN SCHATZ, Hawaii                 LINDSEY GRAHAM, South Carolina
    JOE MANCHIN, III, West Virginia      JOHN BOOZMAN, Arkansas
    CHRIS VAN HOLLEN, Maryland           SHELLEY MOORE CAPITO, West
    JEFF MERKLEY, Oregon                     Virginia
                                         JOHN KENNEDY, Louisiana
                                         BILL HAGERTY, Tennessee
                                         MIKE BRAUN, Indiana
                                         RICHARD C. SHELBY, Alabama, (ex
                                             officio)

                               Professional Staff

                                Jean Toal Eisen
                               Michael Bednarczyk
                                 Jennifer Eskra
                                Blaise Sheridan

                             Brian Daner (Minority)
                            Allen Cutler (Minority)
                             Matt Womble (Minority)

                             Administrative Support
                                 Angela Caalim
                           Sydney Crawford (Minority)

                                C O N T E N T S

                                  ----------

                                    hearings

                            Tuesday, April 13, 2021

                                                                       Page

    National Science Foundation......................................     1

                           Wednesday, April 28, 2021

    Office of the U.S. Trade Representative..........................    63

                            Wednesday, May 26, 2021

    Department of Commerce...........................................    99

                            Wednesday, June 9, 2021

    Department of Justice............................................   135

                             Tuesday, June 15, 2021

    National Aeronautics and Space Administration....................   189

                            Wednesday, June 23, 2021

    Federal Bureau of Investigation..................................   215

              Statements and Letters of Nondepartmental Witnesses

    Nondepartmental Witnesses........................................   259

                                  ----------

                                  back matter

    List of Witnesses, Communications, and Prepared Statements.......   405

    Nondepartmental Witnesses........................................   259

    Subject Index:

        Department of Commerce.......................................   409

        Department of Justice........................................   409

        Federal Bureau of Investigation..............................   410

        National Aeronautics and Space Administration................   410

        National Science Foundation..................................   411

        Office of the U.S. Trade Representative......................   412

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

                                  ----------

                            TUESDAY, APRIL 13, 2021

                                           U.S. Senate,
               Subcommittee of the Committee on Appropriations,
                                                        Washington, DC.

        The subcommittee met at 2:05 p.m., in room SD-106, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chairman)
    presiding.
        Present: Senators Shaheen, Reed, Manchin, Van Hollen,
    Moran, Boozman, Capito, Hagerty, and Braun.

                          NATIONAL SCIENCE FOUNDATION

                  opening statement of senator jeanne shaheen

        Senator Shaheen. Good afternoon, everybody. We are going to
    go ahead and start. We are in a big room, making the assumption
    that everybody on the subcommittee is going to come to this
    hearing.
        Since that is not likely to happen, at least not all at
    once, we wanted to make sure we had accommodations for them,
    and we are--we are going to start this hearing, and we are
    going to recess in a few minutes because of votes. We will try
    and go to the end of the first vote and the beginning of the
    second vote. So we will recess for those votes, and then
    Senator Moran and I will come back and finish the hearing, and
    hopefully Members will come in and out during this period.
        So thank you very much, Director Panchanathan, for being
    here this afternoon. You are the first witness of this
    subcommittee for this Congress in open session. So we are
    delighted that you are here. And today the subcommittee will
    consider the fiscal year 2022 budget request of the National
    Science Foundation, and discuss the agency's role in securing
    U.S. competitiveness.
        I really think it is appropriate that we start this year's
    budget hearing with the National Science Foundation, because
    the agency is so instrumental in our country's economic
    success, and given the challenges ahead of us, it is
    particularly fitting this year.
        Much of the Nation's global leadership and economic
    prosperity over the 20th century and early 21st century stems
    from innovation which is rooted in scientific discovery, and
    this would not have been possible without significant public
    investment in research and development.
        Federal R&D help drive the space race in the 1960s, the
    development of the Internet and GPS in the 1970s and 1980s, and
    the mapping of the human genome in the 1990s and early part of
    this century.
        Without investment of significant taxpayer resources, these
    milestones and, importantly, all the industry's and innovations
    that have resulted would not have occurred.
        As a country, we are now at a crossroads. Our global
    competitors, particularly China, are pouring resources into
    scientific and technological innovation. And if we want to
    sustain our economic prosperity, global leadership and national
    security we cannot afford to be caught flat-footed.
        Fortunately, after several years of anemic budget requests
    for the National Science Foundation (NSF) under the previous
    administration, President Biden has requested 10.l2 billion for
    NSF. This is an increase of 1.7 billion, or 20 percent above
    the fiscal year 2021 enacted level.
        While we only have limited information regarding the fiscal
    year 2022 budget right now, as we await the release of the full
    budget later this spring, it is clear that the NSF request
    would make important investments in research, in technology
    development, and in education.
        The President's fiscal year 2022 request includes the
    creation of a new NSF directorate to focus on technology,
    innovation and partnerships. This directorate would focus on
    critical technologies that will define the next several
    decades. Like artificial intelligence, quantum computing, and
    clean energy.
        Further, as part of his infrastructure proposal, the
    American Jobs Plan, the President proposes investing $50
    billion in NSF technology and competitiveness projects. This
    proposal is similar to bipartisan legislation that will soon be
    re-introduced in the Senate, called the Endless Frontier Act.
        I am very pleased that we are talking about making
    investments in R&D to maintain U.S. competitiveness. I think
    these investments are vital to our economic competitiveness and
    to our national security, but I also think we need to be
    thoughtful about how we proceed.
        We should devote resources to successful existing programs
    whenever possible, where there are proposals to create new
    programs we need to ensure that the agency's task are the right
    ones and that there are no other agencies that are better
    positioned to carry out the goals, or that are already serving
    in the role.
        As we push forward to beat our global competitors, we need
    to ensure that we do not lose what makes NSF so special. To
    this point, I am pleased to see that the President's budget
    request does not overlook making investments in curiosity-
    driven, exploratory research that sets the stage for future
    breakthroughs.
        NSF has a fundamental role in both technology development
    and basic research, but no agency is better at nurturing
    exploratory research than NSF. The budget request includes $9.4
    billion to support fundamental research and related activities,
    an increase of $1.6 billion above fiscal year 2021. This
    includes a total of $1.2 billion for climate and clean energy
    research as we work to reduce emissions and create energy
    efficiency and renewable energy jobs.
        As part of these investments in research and development,
    we need to think about how we are training the next generation
    for careers in science, technology, engineering, and math, or
    STEM, and ensuring that we have a diverse inclusive workforce
    ready to lead in STEM is something that I have, and will
    continue to fight for in the Senate. And I think it is
    something that Members of this subcommittee have supported.
        NSF makes critical STEM education investments in States
    around the country. Just last year, the University of New
    Hampshire received $2 million from NSF to support a new
    innovative project that aims to strengthen teaching curriculums
    for STEM subjects. To that end, I am pleased to see that the
    budget request includes an increase of $100 million to increase
    STEM participation within under-represented groups.
        So, as you can see by my opening remarks, which are longer
    than usual, we have a lot to discuss.
        So I will now ask my Ranking Member, Senator Moran, to
    offer his opening remarks.

                    opening statement of senator jerry moran

        Senator Moran. Senator Shaheen, thank you for convening
    this hearing, and thanks for your consultation with me about
    its importance. And I agree with you, this is a good place for
    us to start as we begin our first efforts at developing a
    fiscal year 2022 bill writing for Commerce, Justice, and
    Science (CJS).
        You and I have had a successful and productive relationship
    together here on this subcommittee. And I look forward to
    working with you again to produce a bipartisan fiscal year 2022
    bill.
        Dr. Panchanathan--I am sure I did not do that right--but I
    hope I am close, Doctor. I look forward to knowing you well
    enough in which I will get your name correct, I want to welcome
    you to this subcommittee.
        As I indicated to you briefly before the subcommittee
    hearing began, it is good to have you here. I am anxious to
    hear your views. I think the role of the National Science
    Foundation is important as it--as it supports research across
    all scientific fields.
        The proposed budget before us of $10.2 billion is a
    significant increase for the Foundation. It represents a $1.7
    billion, nearly 20 percent increase over the budget that we
    provided last year. With that proposal comes some
    responsibility on our part and yours as well, we need to make
    certain--as we fund ground-breaking research, we need to make
    certain that the investments are made wisely, and that they can
    contribute to the benefit of our Nation.
        Absent many budgetary deals today because of this so-called
    ``skinny'' budget, I would hope that the proposed increases
    will enable NSF to make strides in increasing its success rate
    for high quality proposals to be funded, and that it will
    enable much broader participation. And I emphasize this. It
    would enable much broader participation in basic research from
    institutions across the country.
        I have had the opportunity to hear from researchers around
    the country, and they tell me there is no geographic
    limitations, no boundaries on where good ideas come from,
    quality research can be found in all corners of our country,
    including Kansas, and certainly in the Heartland.
        NSF has the opportunity to build up research capabilities
    around the Nation, and in places if it is currently not funding
    applications to any significant degree, we need to enlarge that
    base where research, technical science and engineering happens.
    And I hope that once we see the details of the NSF budget, that
    such emphasis will be evident.
        While their is great excitement to increase investments in
    basic research, and I have been involved in a number of those
    here in my time in the Senate, this transition--those that we
    need to transition those results from that research into
    drivers of economic and job growth. We also cannot forget that
    we need a technically-skilled workforce for the jobs in the
    future.
        NSF should be a part of preparing workers for tomorrow's
    jobs created by the technologies being invested in today. The
    U.S. will need a workforce to push the frontiers of knowledge,
    and that has the skills, and to thrive in knowledge and
    technology-intensive economy.
        An example from my State of NSF taking advantage of a local
    opportunity is found in the Manhattan Area Technical College,
    Manhattan, Kansas Area Technical College, the Department of
    Homeland Security's National Bio and Agro-Defense Facility,
    soon to be open in Manhattan, is in great need of a large
    number of technicians trained to operate and maintain clean
    rooms--to maintain clean rooms, but cannot find enough
    qualified technicians.
        Local researchers identified a nexus between this problem
    and work with NSF funds in undergraduate education, creating a
    solution that will be beneficial for years to come locally,
    while supporting nationally, consequential research.
        Director, I look forward to hearing from you as to how you
    envision bringing STEM education and basic research to broader
    audiences in order to tap the intellectual resources of our
    Nation.
        NSF has a long history of coordinating, convening and
    partnering nationally and internationally to address these
    complex issues, and to reach innovative solutions. But the
    success of NSF comes with a risk. We have seen a rise in
    attempts to capitalize on innovations created through NSF
    funding by taking intellectual property and sending it outside
    of our borders.
        With the proposed budget increase, and other spending
    proposed, that risk will become even higher and potentially
    harder to track. It is important that NSF have clear
    guidelines, oversight and enforcement discover and to deter
    such activities. We need to be wise in how we plan to move
    forward and funding our engine of basic research, but bold
    enough to stay at the forefront of science and technology. I
    know that by investing in research, I know this, we are
    investing in our future.
        Director, I look forward to hearing your testimony today,
    and working with you to ensure that NSF retains its place as a
    preeminent agency for basic research across a balanced and
    forward-looking, scientific portfolio.
        I can hardly see you, Doctor, but it is nice to have you
    here. And I look forward to developing a good and solid working
    relationship with you.
        Senator Shaheen. Thank you very much, Senator Moran.
        And Director, I will turn it over to you. We ask that you
    try and make your statement in seven minutes, but if you are
    not able to do that we welcome your submitting the entire
    statement for the record. Thank you.
    STATEMENT OF HON. SETHURAMAN PANCHANATHAN, DIRECTOR,
                NATIONAL SCIENCE FOUNDATION
        Dr. Panchanathan. Thank you very much. And good afternoon,
    Chair Shaheen, and Ranking Member Moran, and Members of the
    subcommittee.
        It is truly a pleasure to be with all of you today. And
    being the first person, in-person testimony makes me feel so
    special about NSF. It is truly an honor to appear before you
    today to discuss NSF's many amazing accomplishments, and how we
    can accelerate innovation for the benefit of all Americans.
        I would like to start by thanking this subcommittee for the
    continued strong support for NSF. Your support has enabled NSF
    to advance research and innovation, which has brought
    remarkable benefits to our Nation. For over seven decades NSF
    has played a leading role in building U.S. leadership in
    science, engineering, and technology, and has an incredibly
    strong record of investing in the brightest minds with
    outstanding ideas.
        The Internet, 3D printing, the economic theory of
    underpinning spectrum auctioning and kidney exchanges,
    companies like Qualcomm, and even polymerase chain reaction
    (PCR) testing, which has been critical to the fight against
    COVID-19, are just a few examples of the outcomes and benefits
    of NSF investments.
        From piloting the Small Business Innovation Research (SBIR)
    program in the 1970s to the world renowned, Entrepreneurial I-
    Corps Training Program, NSF has a rich history of fostering the
    innovative spirit that permeates the research enterprise.
        I would also like to thank Congress for the funding in the
    CARES Act, and the American Rescue Plan to address the impacts
    of COVID-19. The research community has been integral to our
    ability to combat the virus.
        However, COVID has had a profound impact on them,
    especially the early-career researchers. NSF will invest these
    funds wisely, helping the most-severely impacted, and most
    vulnerable. We are also at a pivotal time in our Nation's
    history. For the first time in decades, the United States
    leadership in science and engineering is facing intense global
    competition.
        Other nations, especially China, are investing vast
    resources in basic research and industries of the future, like
    artificial intelligence, quantum information science, and next-
    generation wireless.
        The United States needs to take a comprehensive approach to
    R&D investment that brings science, engineering, and
    technological innovations to market much more rapidly. Doing so
    requires creating engines of economic and talent development
    across the entire Nation, and more tightly integrating
    curiosity-driven research and use-inspired outcomes.
        The scientific pursuit of knowledge and understanding
    cannot be separated from the development of new technological
    capabilities. NSF's capacity to produce breakthroughs, to
    innovate, to cultivate the industries we cannot even imagine
    today, and to inspire the domestic talent needed to power our
    country forward must be strengthened at speed and scale.
        My leadership team and I have crafted a bold vision for the
    agency. We must first advance the frontiers of science and
    engineering research into the future. Through strategic
    investments NSF steers the frontiers of discovery and
    innovation and produces breakthroughs that keep U.S. at the
    forefront of global leadership.
        Second, we must ensure accessibility and inclusivity in
    STEM. There is tremendous untapped potential throughout our
    Nation. Every demographic and social economic group in every
    geographic region is full of talent that must be inspired and
    given the opportunity to participate in STEM.
        Finally, America must lead by our actions and our values.
    We will work with like-minded partners who share these values,
    and we must and we will take the necessary steps to safeguard
    taxpayer investments. The foundation for this vision is
    partnerships. They are powerful tools to leverage resources and
    deliver more impactful results. NSF has a history of
    cultivating and fostering environments where partnerships
    thrive.
        Over the past few weeks, the administration has released
    the American Jobs Plan and the fiscal year 2022 discretionary
    request. These proposals invest in research and development
    across the government. The proposals also include increased
    investments at NSF, including a $50 billion investment in a new
    technology directorate and a 20 percent increase to the NSF
    budget in fiscal year 2022.
        The budget increases and funding for fundamental R&D will
    strengthen NSF's ability to champion the basic research that is
    critical to our future. In addition, we know there are
    opportunities for transformational impact in all science and
    engineering fields that hold enormous potential benefits.
        The proposed directorate will be a cross-cutting platform
    that leverages, energizes, and rapidly brings these innovations
    to market. NSF will not abandon our current mission, or be
    redundant with other agencies who are doing vital work. We all
    know we have a large gap in bringing fantastic, innovative
    ideas to market and society. This is our opportunity to rapidly
    change that.
        The budget request also invests in increasing the
    participation of under-represented groups in science and
    engineering, which is exceedingly important for our Nation.
    Advances in technologies, like artificial intelligence, quantum
    information science, and even the technologies we cannot yet
    conceive of will influence the global balance of power for
    generations.
        We must commit ourselves to this challenge so that we are
    leaping forward and ensuring that the race for global
    leadership is not even close.
        Thank you for the opportunity to testify before you today.
    With the continued support of this subcommittee and the
    Congress, NSF will bolster fundamental research across all
    fields of science and engineering and unleash rapid
    innovations, securing our future for generations to come.
        Thank you, Madam Chair and Ranking Member Moran.

        [The statement follows:]
          Prepared Statement of Dr. Sethuraman Panchanathan, Director
       The National Science Foundation's Fiscal Year 2022 Budget Request
                                  introduction
        Chair Shaheen, Ranking Member Moran, and Members of the
    subcommittee, it is a privilege to appear before you today as the 15th
    Director of the National Science Foundation to discuss how the agency
    can build upon decades of successful investments and breakthroughs to
    ensure that the United States remains the global leader in science,
    engineering and innovation into the future.
        Established by the National Science Foundation Act of 1950 (Public
    Law 81-507), NSF is an independent Federal agency charged with the
    mission ``to promote the progress of science; to advance the national
    health, prosperity, and welfare; to secure the national defense; and
    for other purposes.'' NSF is unique in carrying out its mission by
    supporting research across all fields of science, technology,
    engineering, and mathematics, and all levels of STEM education. NSF
    investments contribute significantly to the economic and national
    security interests of the Nation and development of a future-focused
    science and engineering workforce that draws on the talents of all
    Americans that creates new businesses, new jobs, and more exports.
        Last year, NSF celebrated its 70th anniversary. Over the past seven
    decades, NSF has funded research, researchers, innovations and
    innovators, and world-class infrastructure that has garnered incredible
    benefits to the Nation. The Internet, 3D printing, the economic theory
    underpinning spectrum auctioning and kidney exchanges, and even the
    polymerase chain reaction testing technique that has been critical in
    the fight against COVID-19 are all examples of the outcomes and
    benefits of NSF investments. Many of the technologies and industries
    that are the focus of national conversations around competitiveness
    today--artificial intelligence, quantum information science, advanced
    manufacturing, advanced wireless and biotechnology, to name a few--are
    rooted in sustained NSF support for research at the frontiers of
    science and engineering.
                           the fight against covid-19
        Over the past year, the research community has been integral to the
    ability to combat the SARS-CoV-2 virus by modeling its structure to
    reveal how the virus attacks the body, creating new products to
    mitigate the virus's spread and developing new treatments and vaccines
    to combat the virus. In the ``Coronavirus Aid, Relief, and Economic
    Security Act,'' or ``CARES Act,'' NSF was appropriated $75 million for
    urgent research to understand, predict the spread of, and enable
    approaches that mitigate the negative effects of COVID-19 on public
    health, society, and the economy. NSF's CARES Act funds were fully
    obligated by September 2020. NSF has continued to make awards for
    COVID-19 research and has made more than 1,000 awards totaling over
    $200 million to address important research questions.
        This funding has already yielded results for the American people.
    For example, a team of researchers from the University of Florida
    received funding to understand the transmission modes of SARS-CoV-2.
    The resulting study provided the first-ever demonstration that the live
    virus can travel through the air in a hospital room. One of the most
    well-known projects on COVID-19 supported by an NSF award is the
    ongoing operation of the Johns Hopkins Coronavirus Resource Center. The
    data dashboard was first released publicly on Jan. 22, 2020, to
    visualize and track the COVID-19 outbreak in real time, and it has
    since served as a preeminent centralized source of COVID-19
    epidemiological data. NSF funding was instrumental in automating the
    collection and curation of dashboard data, broadening its data sources,
    and supporting data analysis and modeling research to improve
    understanding of the pandemic and future outbreaks.
        Even as the research community rose to this challenge, COVID-19 has
    had a profound impact on them. Labs were closed, research field
    campaigns were postponed, and access to equipment and personnel was
    limited or impossible. Those hardest hit included early career
    researchers at vulnerable transition points in their careers. The $600
    million entrusted to NSF through the American Rescue Plan is critically
    important. NSF will utilize its existing mechanisms, either through
    award supplements or new awards, to distribute these funds to those
    most severely impacted and most vulnerable. NSF will also make
    investments in programs that support undergraduate researchers, such as
    the Research Experiences for Undergraduates Sites and Supplements
    program. Finally, through EPSCoR and existing mechanisms that support
    minority-serving institutions and 2-year colleges, NSF will provide
    support for those institutions hardest hit by the pandemic as we
    support the Nation's researchers and institutions so that they may
    continue to produce the amazing innovations that make the Nation's
    economy and national security stronger. I want to again thank the
    administration and Congress for this critical funding at this important
    time.
                            a vision for the future
        As NSF looks to the future, the agency's capacity to produce
    breakthroughs, to innovate, to identify the industries we cannot even
    imagine today, and to cultivate the domestic talent needed to power our
    country forward will be strengthened at speed and scale.
        Since my confirmation last June, my leadership team and I have
    developed a vision for the future of the agency comprising of three
    core pillars:

      --Advancing the frontiers of research into the future.
      --Ensuring accessibility and inclusivity.
      --Securing global leadership in science and technology.

        The first pillar is advancing the frontiers of science and
    engineering research into the future. This has been the heart of NSF's
    mission for over seven decades and will be further strengthened in the
    years to come. By seeding strategic investments, NSF steers the
    frontiers of discovery and innovation toward breakthroughs that put the
    United States at the forefront of global leadership in science and
    technology.
        Curiosity-driven research has proven to be an engine of economic
    growth. Since its inception, NSF has been a foundation for industries
    of the future. NSF funds the high-risk, high-reward research that has
    the potential to bring the world new discoveries. Each year, thousands
    of researchers expand the base of human knowledge and, in doing so,
    unlock new possibilities. They have built autonomous vehicles;
    revolutionized our wireless networks; developed life-saving medical
    technologies; transformed manufacturing; and brought digital tools to
    agriculture. Curiosity-driven, exploratory research is a critical
    component to the Nation's current and future success.
        Equally important to our Nation's competitiveness and success is
    use-inspired research, which has been a critical part of NSF's mission
    throughout its history. NSF fosters an environment ripe for innovation
    and focused on economic and societal progress. Many of today's foremost
    national and societal challenges--healthcare, education, climate--
    demand deeply multidisciplinary, multi-sector, solution-oriented
    research leading to science and technology innovations. We must enable
    collaborations spanning diverse institutions, sectors and geographies
    to co-create new technologies and solutions to these challenges that
    accelerate prosperity.
        The second pillar is ensuring accessibility and inclusivity in STEM
    fields. This is increasingly important. There is tremendous untapped
    STEM potential throughout the Nation. To meet the needs of the future
    workforce, every person needs access to a quality STEM education. Every
    demographic and socioeconomic group in every geographic region of the
    country is full of talent that must be inspired and motivated to
    participate in STEM and contribute to the research and innovation
    enterprise. We must scale up existing pathways into STEM fields and
    create new tracks into science and engineering.
        The third pillar is securing global leadership in science and
    technology. America must lead by our actions and our values. Key tenets
    of this leadership are transparency, reciprocity and research
    integrity. NSF will work with like-minded partners who share these
    values and commitment to advancing scientific progress and prosperity.
    We will take the necessary steps to safeguard taxpayer investments and
    to ensure everyone is playing by the same set of rules. And we will
    help to give our workers and companies the tools and training they need
    to compete on the global stage.
        The foundation for these pillars is the partnerships that NSF
    cultivates. NSF has a rich history of not only pursuing direct
    partnerships with other agencies, private industry and like-minded
    countries, but also fostering environments where partnerships thrive,
    because they are powerful ways to leverage resources and deliver
    results. We need partnerships for accessing a broader network of ideas,
    innovations and experiences to address and solve real-world problems.
        This vision relies on a mindset of innovation. It permeates the
    culture at NSF and thereby unleashes the innovative spirit throughout
    the research enterprise across the entire Nation.
                            investing in innovation
        On March 31, the administration released the American Jobs Plan,
    which will create millions of good jobs, rebuild our country's
    infrastructure, and position the United States for the future. As part
    of that proposal, the administration proposes investing $50 billion
    over 8 years in a new directorate for technology at NSF that will
    collaborate with and build on existing programs across the government.
    It will focus on fields like semiconductors and advanced computing,
    advanced communications technology, and biotechnology. The American
    Jobs Plan also seeks $30 billion in additional funding for research and
    development that spurs innovation and job creation, including in rural
    areas; invests $40 billion in upgrading research infrastructure in
    laboratories across the country; and invests in historically Black
    colleges and universities and other minority serving institutions.
        In furtherance of those goals, on April 9th, the administration
    released the President's Fiscal Year 2022 Discretionary Request, which
    firmly supports NSF's mission to advance the frontiers of science and
    engineering and aligns with NSF's vision for the future. The request
    includes $10.17 billion for NSF, an increase of 20 percent from the
    current budget. With this increase, the administration is positioning
    NSF to do the following:
    Enhance Fundamental Research and Development
        The administration's discretionary request provides $9.43 billion,
    an increase of $1.55 billion above the fiscal year 2021 enacted level,
    to support research across the spectrum of science, engineering and
    technology, including biological sciences; computer and information
    sciences; engineering; geosciences; math and physical sciences; social,
    behavioral, and economic sciences; and education. With this additional
    funding, NSF will continue to be the champion of basic and fundamental
    research and will strengthen it at speed and scale.
        These investments will allow the agency to fund more of the
    groundbreaking research and support the development of STEM talent
    critical to our future success. Each year, NSF investments reach
    approximately 300,000 people at almost 2,000 institutions in every
    State and territory. Through their work on NSF-supported grants,
    students, researchers, faculty, technicians, entrepreneurs and others
    develop the skills and knowledge they will bring with them into the
    future. Over its 70-year history, NSF has done a remarkable job of
    supporting the brightest minds with outstanding ideas. This includes
    248 Nobel Prize winners; supported entrepreneurs responsible for
    incubating companies; and ushered in technological revolutions. A great
    example is Small Business Innovation Research (SBIR) awardee
    SensorHound in Indiana, which is seeking to increase the reliability
    and robustness of cyber-physical systems (CPS). CPS technology is
    directly applicable to a broad range of sectors, including utility
    grids, smart buildings, manufacturing, healthcare, transportation, and
    other sectors.
        The national innovation economy is powered in part by NSF programs
    that bring ideas from the lab into the marketplace. For example, the
    Small Business Innovation Research program was conceived of and piloted
    by NSF in the late 1970s. Today, SBIR programs across the Federal
    Government invest nearly $3 billion in small businesses annually. NSF
    also uses experiential education to help researchers gain valuable
    insight into starting a business and bringing an idea to market. The
    NSF Innovation Corps program helps entrepreneurs and small businesses
    understand market needs and opportunities, thus increasing their
    chances of successfully translating new technologies. More than 1,300
    teams have participated in the I-Corps program since 2011. With
    expanded funding to enhance fundamental research and development, NSF
    will unleash additional talent, create new knowledge, and plant the
    seeds of future industry.
        Partnerships are critically important in accelerating scientific
    and engineering discoveries funded by NSF to the marketplace. In
    addition to small business, entrepreneurship and translation programs,
    NSF manages the Industry-University Cooperative Research Centers to
    better engage industry and academia. Existing NSF innovation research
    alliances such as Engineering Research Centers, Science and Technology
    Centers, Nanoscale Science and Engineering Centers and Materials
    Research Science and Engineering Centers complement NSF's significant
    investments in fundamental scientific and engineering research. They do
    so by offering multiple pathways to advance discoveries to innovations,
    to emerging technologies.
    Strengthens U.S. Leadership in Emerging Technologies
        As described in the American Jobs Plan, the administration's
    discretionary request includes the establishment of a new directorate
    for technology, innovation and partnerships within NSF to help
    translate research into practical applications. The directorate will
    work with programs across NSF and with other Federal and non-Federal
    entities to expedite technology development in emerging areas that are
    crucial for the United States' technological leadership, including
    artificial intelligence, high performance computing, disaster response
    and resilience, quantum information systems, robotics, advanced
    communications technologies, biotechnology, and cybersecurity.
        Intense global competition and a rapidly changing technological
    landscape requires the United States to take a different approach to
    research and development investment that brings science and technology
    innovations to market much more rapidly. Doing so requires unleashing
    the potential of economies of innovation across the Nation and tightly
    integrating curiosity-driven research and use-inspired outcomes. The
    scientific pursuit of knowledge and understanding cannot be separated
    from the development of new technological capabilities. And, in turn,
    those new capabilities allow us to pursue new research questions that
    were either unseen or out of reach.
        NSF has been investing in basic research and use-inspired outcomes
    for decades. A prime example is the Internet. NSF had established
    supercomputer centers in the 1980s and launched NSFNET in 1985 to link
    researchers to these resources. The computing power harnessed was the
    result of decades of investments in basic research in computer science,
    electrical engineering and many other fields, all of which happened
    alongside use-inspired engineering to build new computing capabilities
    and network capacity. NSFNET was the first large-scale implementation
    of the Internet technology that is the backbone of major components of
    our economic vitality today. As it continued to grow, it presented new
    practical problems that needed to be investigated--and new research
    questions that needed to be answered. And answering those questions
    allowed new solutions and technology to be designed that supported the
    growth of the Internet and the many different science and engineering
    fields that underpin it today.
        As we look to the future, artificial intelligence is an example of
    a technology that offers tremendous promising potential across a broad
    range of societal and national challenge areas. NSF is the largest non-
    defense funder of artificial intelligence research. In addition to
    foundational research advancing the frontiers of learning, reasoning,
    planning and so on, the key to harnessing the promise of artificial
    intelligence is the use-inspired, translational research that links
    artificial intelligence and economic sectors such as agriculture,
    manufacturing, transportation and personalized medicine. Equally
    important is the investment in education and learning, including
    growing the human capital and institutional capacity needed to nurture
    the next generation of artificial intelligence researchers and
    practitioners. Under the administration's discretionary budget request,
    NSF will supercharge investments and work collaboratively with our
    Federal counterparts and other partners to rapidly catalyze results in
    areas of national importance.
    Advances Racial Equity in Science and Engineering
        The administration's discretionary request seeks $100 million--or
    roughly a 50 percent increase--in funding for programs that aim to
    increase participation in science and engineering of individuals from
    racial and ethnic groups underrepresented in these fields. Funding will
    support curriculum design, research on successful recruitment and
    retention methods, development of outreach or mentorship programs,
    fellowships, and building science and engineering research and
    education capacity at HBCUs and other minority-serving institutions.
        Advancing racial equity requires that NSF look internally at our
    own policies and practices as well as externally at how the agency's
    policies and programs impact the research and innovation enterprise. As
    I mentioned earlier, my vision for the agency includes a central pillar
    of ensuring accessibility and inclusivity. That is why, shortly after
    becoming Director, I established an internal Racial Equity Task Force
    to ensure the agency addresses racial inequities and works to identify
    and remove any barriers to opportunities both internally and
    externally. That task force recently submitted their preliminary
    recommendations to me, and I look forward to sharing the steps that NSF
    plans to take with the committee over the coming weeks and months.
        To be successful in continued global leadership in science and
    technology, domestic talent needs to be inspired, nurtured and advanced
    across our nation. The future depends on investment in inclusion, in
    diversity, in training of STEM teachers, and in inspiring the next
    generations through formal and informal learning. Continued global
    leadership also requires investment in the next generation of
    scientists trained to pursue questions beyond the traditional
    scientific disciplines. NSF is investing in education research across
    all levels of learning--from preK-12 through graduate education and
    beyond--which then informs education and training programs to better
    develop skill sets in cutting-edge technologies, promote highly
    collaborative team science, and foster greater diversity in the
    workforce. NSF will continue to invest robustly across its suite of
    broadening participation programs. In so doing, NSF will work
    tirelessly to ensure that there are no barriers to equal opportunity at
    NSF or in the delivery of its programs. These investments will be
    central to our ability to achieve those goals.
    Advances Climate Science and Sustainability Research
        The administration's discretionary request provides $1.2 billion
    for climate and clean energy-related research. NSF will fund a broad
    portfolio of research related to climate science and clean energy,
    including research on atmospheric composition, water and carbon cycles,
    modeling climate systems, renewable energy technologies, materials
    sciences, and social, behavioral, and economic research on human
    responses to climate change.
        NSF has been investing in the fundamental research at the heart of
    global climate issues for several decades. Long-term, continuous, and
    consistent observational records are a cornerstone of global climate
    science and resilience research. NSF supports a variety of research
    observing networks that complement, and are dependent on, the climate
    monitoring systems maintained by our Federal partners. The results of
    NSF investments have helped us understand climatic phenomenon, and
    helped communities address challenges associated with mitigation,
    adaptation, and building resilient futures.
        For example, NSF played a major role in the Tropical Ocean Global
    Atmosphere (TOGA) program along with NOAA and NASA to understand
    coupling between the atmosphere and the ocean. Foundational to our
    current understanding of complex climate systems, TOGA directly
    resulted in improved theoretical understanding and dynamic modeling of
    the El Nino Southern Oscillation (ENSO) cycle. Operational centers use
    dynamical models in their suite of tools to provide routine seasonal
    forecasts of immense practical value to society at large that have
    saved lives.
        NSF's investments in research impact nearly every aspect of
    America's clean energy future--from fundamental physics, chemistry, and
    materials science to large-scale systems engineering and cyber-
    infrastructure. NSF's clean energy investments support innovative
    interdisciplinary research related to sustainability science and
    engineering, such as the conversion, storage, and distribution of
    diverse power sources (including smart grids); the science and
    engineering of energy materials, energy use, and energy efficiency; and
    the ways that people think about and use energy. Clean energy
    investments also create vital research and education partnerships in
    science.
    Continues Construction of Major Research Facilities
        The administration's discretionary request invests in the continued
    construction of major NSF research facilities, including long-term
    upgrades of NSF's major Antarctic infrastructure. It also supports
    construction of the Vera C. Rubin Observatory to enable astronomy
    research. In addition, the discretionary request seeks funding for the
    construction and procurement of smaller research facilities and
    equipment across the Nation.
        NSF invests in world-class research facilities, instrumentation,
    and capabilities to ensure that researchers have access to the most
    cutting-edge scientific equipment. Through the Major Research Equipment
    and Facilities Construction projects, NSF has built the world's most
    powerful solar telescope, transformative optical and radio telescopes,
    state-of-the-art research vessels, and complex facilities in the
    harshest environments, including at the South Pole.
        With the introduction of the Mid-Scale Research Infrastructure
    program, NSF is investing in smaller scale, but equally important
    research infrastructure and filling a vital need for the United States
    research and innovation enterprise. The Mid-scale Research
    Infrastructure program is aimed at transforming scientific and
    engineering research fields as well as inspiring STEM talent. The need
    for this program has been recognized by stakeholders in the scientific
    community and by Congress in the American Innovation and
    Competitiveness Act of 2017. Mid-Scale Research Infrastructure can also
    serve as a proving ground for new and innovative major research
    facilities.
                                   conclusion
        At a time of intense global competition, NSF is prepared to lead
    the nation in innovation, discovery, and STEM education to help build a
    diverse and inclusive workforce to unleash economic and societal
    progress. NSF is well positioned to identify emerging opportunities and
    innovate to create future opportunities to unlock their potential for
    American people. Every day, we benefit directly from NSF-funded
    advances, from the technology that powers our smartphones and the
    capabilities that connect them, to improved weather forecasts, to a
    better understanding of the world around us.
        The United States is focused on leadership in science and
    technology and leaping ahead of the competition into the future. That
    leadership is built upon a uniquely American innovation system in which
    sustained investment in research innovations is intertwined with a
    strong partnership among government, academia, and industry. This
    public-private partnership has ensured the United States as the world
    leader in discovery and innovation for decades and will no doubt propel
    American leadership well into the future. Fields such as artificial
    intelligence and quantum information science hold the promise of
    incredible job growth, prosperity, and strengthened national security.
    A robust, sustained commitment and expansion of this American system of
    foundational and use-inspired research and innovation will be crucial
    to seek continued preeminence in science and engineering.
        Thank you for the opportunity to testify before you today. With the
    continued support of this Committee and the Congress, NSF will unleash
    rapid innovations, creating ecosystems of prosperity across the Nation
    and securing our future.

        Senator Shaheen. Thank you very much for your testimony,
    Director.
        We are going to open it up to questions. Unlike usual, we
    will not take people in order of arrival, but take them in
    order of seniority because we expect some people to be coming
    to us remotely. So I will begin.

                 COMPETITIVE RESEARCH PROPOSALS FUNDING LEVELS

        Director, we do not have a lot of details at this time on
    the 2022 budget. So I want to ask more about what the agency is
    doing currently. Can you tell us what percentage of competitive
    research proposals NSF currently funds?
        Dr. Panchanathan. Thank you. We fund about 20 percent on
    average of proposals that we receive.
        Senator Shaheen. I think 20 percent, you said?
        Dr. Panchanathan. About 20 percent on an average across
    several years.
        Senator Shaheen. And what percentage of total proposals--
    are highly meritorious as determined by reviewers?
        Dr. Panchanathan. About one-third of the proposals that we
    receive are deemed as highly meritorious and worthy of
    investment.
        Senator Shaheen. So you have about 10 percent that you
    receive that you are not able to fund.
        Dr. Panchanathan. That is correct.
        Senator Shaheen. Do you have any way to quantify what kinds
    of opportunities were missing by not being able to fund that
    additional 10 percent?
        Dr. Panchanathan. These are fantastic ideas that we are
    leaving behind. And my worry is that when we leave behind these
    ideas, somebody else picks up on those ideas, namely, our
    global competitors. We cannot and must not leave those ideas to
    be taken by anybody else. We should be investing in them and
    advancing those technologies so that we might create the many,
    many companies, and industries, and societally-meaningful
    innovation outcomes that we realize here, right here in our
    Nation.

                                     GRANTS

        Senator Shaheen. Thank you. And what is the average length
    of an NSF grant?
        Dr. Panchanathan. Typically 3 years, around 3 years is our
    average.
        Senator Shaheen. And is that normally the time that the
    researcher needs in order to do the--to get the conclusions
    they are looking for?
        Dr. Panchanathan. Typically the researcher, having been a
    researcher myself, and having had graduate students in my team,
    typically, I would say a 4- to 5-year timeframe would be the
    most optimal because PhD students typically take that length of
    time to complete their research work.
        Senator Shaheen. And what is the average size of an NSF
    grant?
        Dr. Panchanathan. Currently it is about $200,000.
        Senator Shaheen. And is that the average that people ask
    for, or is that the average that you were able to provide based
    on funding?
        Dr. Panchanathan. Based on funding, that is the average,
    typically, that we are able to provide, and people do know what
    is the right size to ask for, although they know that it is not
    the size that would, essentially, express their talent and
    ideas in the best possible way; so a current average, ideally,
    would be about $300,000 for a grant because we have not
    increased this in several years.
        Senator Shaheen. Great. So you say several years the last
    time that this changed? Do you know?
        Dr. Panchanathan. Changes have happened over the years, but
    if you look at the cumulative lag, you would say that we ought
    to be at the size of $300,000 rather than the small increases
    that we have been able to provide over the years.
        Senator Shaheen. So you would recommend increasing the size
    of the awards if we can?
        Dr. Panchanathan. About a 50 percent increase in the award
    size is where we should be in order to be able to execute the
    work that is being proposed.
        Senator Shaheen. So if today you were going to be able to
    fund every meritorious proposal that came before the agency,
    how much additional funding would you need? And----
        Dr. Panchanathan. Today----
        Senator Shaheen. And if you were also able to increase it
    to that $300,000?
        Dr. Panchanathan. Today, if you were to take these factors
    into consideration, where we are able to fund all the proposals
    that needed to be funded, which are highly ranked, there is 33
    percent success rates, approximately. The duration being about
    four to 5 years, and the size being about 50 percent more to,
    let us say, $300,000, and you are now talking about a doubling
    of the size of the existing budget, because that takes us to
    about $8 to $9 billion of great ideas and talent that is left
    behind.
        And this is why the current proposed budget increase that
    the President has put forth in the fiscal year 2022 budget, as
    well as the American Jobs Plan, are excellent frameworks,
    because what happens is that not only are these ideas, that are
    important, Chair Shaheen, it is also that these ideas further
    have to be brought to the market, and there is a lot of gaps
    that have to be addressed.
        Now, if you start to bring those programs like I-Corps,
    Small Business Innovation Research and Small Business
    Technology Transfer (SBIR/STTR), our new innovation centers and
    accelerators that you need to build in order for us to be in
    the vanguard of competition, then you are actually looking at
    probably doubling that, even more. It is almost like a
    quadrupling of funding. And that is why this aligns with the
    American Jobs Plan, as well as the Endless Frontier Act in
    terms of concept. The spirit of the Endless Frontier Act is
    very much aligned with where we need to be as a nation so that
    we don't miss out on these important ideas, and not let any
    other country take advantage of us.
        Senator Shaheen. So, do you feel like you have the
    authorities you need currently, and it is just a question of
    resources?
        Dr. Panchanathan. Yes. Resources will be the most important
    thing. And then comes with that, the kind of frameworks that we
    are talking about. For example, we have proposed the crosscut
    of a directorate of technology, not a separate directorate, but
    a crosscut that further enriches the science and technology
    innovations, but also leverages, and energizes the technology
    innovation and brings it to market right away, and brings it
    to, societally, good initiatives right away. This is what we
    need to do more of, I call it: strengthening at speed and
    scale.
        Senator Shaheen. Thank you.

                            BROADENING PARTICIPATION

        Senator Moran.
        Senator Moran. Dr. Panchanathan, as I said in my opening
    statement, and I will try to flesh this out a bit more, as you
    would know, just 10 States receive more than half of all NSF
    award funding. I think it is important for us to ensure robust,
    academic research across the country, opportunities for all
    students.
        In my own State of Kansas one of my goals, as a citizen,
    and perhaps as a Senator, is to see that we emphasize research,
    science, mathematics engineering. And I want the students who
    grow up in Kansas and attend Kansas universities I want them to
    have the opportunity to participate in nationally-important
    research.
        Each State, no matter how small, has something to offer our
    Nation, and has the talents and expertise to contribute to our
    country's research. How do you plan to address? And I know the
    Established Program to Stimulate Competitive Research (EPSCoR)
    is one way, but it is such a small component of the overall
    research budget at NSF. How do you plan to address broadening
    the participation across the country in terms of opportunities
    that are currently being missed because of the nature of the
    way the program is administered?
        Dr. Panchanathan. Senator, thank you. You know, when I came
    to NSF I laid out a vision, three pillars. The central pillar,
    which I will focus on, I call it: accessibility and
    inclusivity. Talent and ideas, as you rightly point out, is
    everywhere across our great Nation. It is therefore our
    responsibility to ensure that they are given the environments
    that are going to bring out the talent at speed and scale.
        How do you inspire, nurture, and motivate talent
    everywhere? This is the time that we need the domestic talent
    at the highest level of intensity to make sure that we are
    leaping forward ahead of our competition.
        So, to specifically address your question; when I came in,
    we were launching the AI Institutes program, and I immediately
    said, ``AI institutes'' has to be ``AI in every State.'' Every
    State of our Nation has AIe expertise either already available,
    or we have an obligation to train the AI expertise because AI
    is going to be part of us. It is like electricity in the
    future. It is part of us. It is part of everything that is
    going to happen. So we want the talent to be trained
    everywhere. We want the talent to be nurtured, as well as ideas
    to be nurtured and connected everywhere.
        You are right about the fact that EPSCoR program can be an
    augmentative additive, but it cannot be the only vehicle for
    ensuring that we have talent ideas across the Nation inspired
    and nurtured.
        So NSF is doing everything to make sure that these
    programs, like AI, and even the quantum, we are talking about a
    national quantum platform, which means any, a 5th grader, or an
    8th grader who is inspired by STEM from Manhattan, Kansas, can
    dial into the quantum platform and be inspired by that. And
    that way they get to build their STEM talent and contribute to
    the great State of Kansas and our Nation.
        And, more importantly, as the STEM talent, in your opening
    remarks you mentioned, the skilled technical workforce that is
    being developed out of community colleges, out of 4-year
    colleges, out of research universities, we need all of the
    above in order to be able to bring out, bring forth the
    businesses of the future. We need to have in every area, every
    region of our country, those areas that are best for that
    particular region.
        Let us speak, for example, in Kansas. Where else would you
    do agriculture as a smart agriculture of the future than a
    State like Kansas? That you will build an ecosystem around
    agriculture in a State like Kansas, working with other States
    like Iowa and others, working together, creating an ecosystem
    of prosperity, jobs, new industries, and entrepreneurial
    environments. This is the kind of thing that we need everywhere
    in our Nation.
        And NSF is going to be working really hard. And when I made
    the comments, the chair's question about the funding, this is
    where I think NSF is very well positioned and unique as an
    agency to be able to nicely synergize the curiosity-driven
    research, and the use-inspired outcomes, and generating the
    industries of the future.
        I will leave you with this last comment. NSF is not only
    thinking about taking AI Quantum, which are the industries of
    today, or tomorrow, but we are also working on the future of
    the industries of the future.
        What is going to be that industry like AI is today in 2035
    or 2050? That is what NSF makes possible. Why? Because AI was
    an investment made at NSF for the last four or five decades,
    and today we are seeing the fruits of it. Not only what NSF is
    able to advance, but also what other agencies and industries
    are able to advance, this is what makes NSF unique and
    powerful, and we should take full advantage of such an agency,
    and its potential, and what it can do for our Nation.

                                EXPANDING ACCESS

        Senator Moran. Doctor, I am out of time. I will ask just a
    follow-up question, and hopefully we will have a chance to ask
    additional questions later. But if we are successful, if we
    support, Congress supports, the Senate, the subcommittee
    supports additional funding for NSF, would I see a different
    result than 50 percent of the research funding going to 10
    States? Does it come with that additional resources? Will there
    be something different?
        Dr. Panchanathan. So, Senator, I can answer it to you very
    directly. When I came into the agency, I came from the State of
    Arizona. I know first-hand what every State can do, small or
    big, for our Nation and that we are missing a lot of talent and
    ideas right now. I know that. I have first-hand experience
    having seen that.
        And I know that when you provide the right environment for
    those ideas and talent to manifest and express, we can realize
    unbelievable progress and prosperity for our Nation.
        So I am committed. I am committed. And that is why I say my
    central pillar is about advancing inclusivity and
    accessibility. I am committed to ensuring that these regional
    prosperity innovation centers are everywhere across our Nation.
    So you will see that in action.
        Senator Moran. Thank you, Doctor.
        Senator Shaheen. Thank you, Senator. We will now recess,
    hopefully until--for about 20 minutes or so, while we go do our
    two votes.
        So, thank you, Director.
        Dr. Panchanathan. Thank you, Chair, and Ranking Member.
        [Recess.]
        Senator Shaheen. This hearing will come back to order.
        I think Senator Moran will be here shortly. But why don't
    we go ahead and begin.
        Director, we thought we had Senator Manchin remotely, but
    he has stepped away so, hopefully, he will come back, and we
    will get a chance to go to him. But in the meantime, I am going
    to go ahead and ask some additional questions.

                                      TIP

        So we talked a little bit, I did in my opening remarks
    about the proposal that would create a new National Science
    Foundation directorate focused on technology development. And
    it is an idea that is also in the Endless Frontier Act that the
    Senate is expected to take up soon. The directorate would be
    focused on 10 priority topics. Some of them you mentioned that
    you are already looking at, but those include AI, quantum
    computing, robotics, clean energy, and President Biden's
    infrastructure plan proposes investing $50 billion in this new
    technology directorate.
        So can you talk about whether you need any authorities to
    do the kinds of things that the new directorate is proposing?
    And how would the creation of that technology directorate
    benefit NSF? Or what kinds of challenges would it present to
    NSF?
        Dr. Panchanathan. Okay. So, as I said earlier in my
    comments, this directorate that we are going to build is going
    to be a cross-cutting directorate, which means that it does not
    stand alone, but actually leverages the technologies that are
    being sourced out of the various science directorates.
        Let us take AI and quantum and others. These were decades
    of basic research investments that have gotten us to the point
    where we have the maturity in some of those cases that they can
    be transferred into technologies that then positions us in a
    very highly competitive way at speed and scale.
        Otherwise these things take a long time to develop because
    of the nature of the curiosity-driven research and use-inspired
    research being highly synergistic, it is possible to take these
    out very rapidly if only there is a tight integration between
    the two.
        And that is why the crosscut is very helpful. So that, as I
    said, it leverages those technologies, it also contributes to
    advancing future technologies. And in the crosscut, we are able
    to take those technologies through various programs, like the
    I-Corps program, or the SBIR/STTR program, or new programs like
    innovation accelerator programs where you have a public-private
    partnership model, where academia, industry, and the community,
    and others work together in building ecosystems of excellence
    in various parts of our Nation, so all of these things can be
    done through this directorate.
        So, what is proposed in the Jobs Plan by the President
    recently, as well as the Endless Frontier Act legislation,
    potential legislation, so what these things give you is the
    spirit of what we are trying to do, at speed and scale, can be
    accomplished by these activities. So the new activities that we
    need to do require us to be able to get those things done
    when--and I am talking about the cross-cut directorate--the
    appropriate flexibilities that are given to NSF and it is
    important for us to be able to execute on them.
        And when we have those flexibilities, I am confident that
    we will be able to execute them. And there are many examples
    here that we will draw from, may not be necessarily replicating
    them. The Defense Advanced Research Projects Agency (DARPA) has
    talked about--or other kinds of agencies that have
    transformational programs, including NSF, can be taken into
    consideration in terms of building the new models that we need
    to build in addition to scaling our existing models. So we will
    need both of those happening at the same time.

                       COLLABORATING WITH OTHER AGENCIES

        Senator Shaheen. So, earlier today we had a hearing in the
    Defense Appropriations Subcommittee, and we heard from
    representatives from DARPA, and from the research and
    engineering aspect of DOD. And one of the things they talked
    about is the work that they are doing on quantum computing, on
    AI, on basically the same list that you ticked off earlier.
        So can you talk about how you work with the other agencies
    within the Federal Government that are also working on similar
    kinds of research, and innovation, and how do you avoid overlap
    in the work that is being done?
        Dr. Panchanathan. So partnership is a very, very important
    imperative for me. When I talked about the three pillars, I
    said the foundation of the pillars is partnerships,
    partnerships of every form, of every type is very, very
    important for us to advance these technologies. And one of the
    first things that you partner with is fellow agencies who are
    also working on these technologies, but with a specific focus.
        One of the things that makes NSF unique is that it has the
    basic science and technology platform, all of which can be
    translated into technologies of the future. And there are
    focused technologies; for example, in the case of the
    Department of Defense, defense-related technologies.
        So where there is opportunity to partner, NSF will be
    partnering with all those agencies. I will tell you. When I
    took office in July of last year, the first couple of weeks I
    picked up the phone and talked to almost every leader of
    various agencies so that we might partner even more, I told
    them, not only what they are already doing, but partnering at a
    macro scale around these topical and thematic areas, be it AI,
    be it quantum, be it climate, be it advanced manufacturing, to
    find the appropriate partners.
        Because I think we need to partner and leverage our
    individual expertise, but with uniqueness in each of our
    agencies in NSF, to be able to take all those technologies that
    are out there and bring them to market as rapidly as we can.
        That is what we need to do at NSF. And some of those, for
    example, energy technologies, clearly, can be in partnership
    with the Department of Energy, and there is value in doing
    that.
        Senator Shaheen. I want to come back to that question. But
    I am out of time. And so let me go to Senator Hagerty, and then
    I will come back in the next round.

      OFFICE OF SCIENCE AND TECHNOLOGY POLICY R&D GOVERNMENT EXPENDITURES

        Senator Hagerty. Chairman Shaheen, thank you very much for
    hosting us today.
        Director, thank you for being here.
        This is a critical area for us. The United States spends
    billions upon billions of dollars in research and development,
    we do it each year with government agencies that range from
    your agency at the National Science Foundation, the Department
    of Energy, and the Department of Defense. The Office of Science
    and Technology Policy is charged with coordinating all of this,
    this effort, so that it is estoppel, so that it is strategic.
        But unfortunately so many times we see our agencies get
    siloed in their efforts. You talk about partnerships, and I am
    delighted to hear you doing that, because I want to make
    certain we are making the most of our research and development
    expenditures, and not duplicating or competing in areas where
    we ought not to be.
        In an attempt to solve the problems of some of our Nation's
    most serious challenges, when you talk about artificial
    intelligence, you talked about quantum computing, when I think
    about biotechnology, advanced manufacturing, we want to advance
    as rapidly as possible. We do not want to be left in any
    position other than first in the world.
        And I want to make certain as we do this, we know very well
    what we are doing as a Nation. Earlier, last year and the
    beginning of this year, Congress worked on a bipartisan basis
    to enact the Industries of the Futures Act, it was enacted on
    January 1 of this year.
        And that law charged the Office of Science and Technology
    Policy with providing Congress with an assessment and a set of
    recommendations that would relate to our investments in
    research and development. And that report is due to us on May
    1st. And it is supposed to take a broad view of the full
    expanse of government R&D expenditures.
        I would like to know first, Director, has the National
    Science Foundation been participating in this report? And if
    so, what are you learning?
        Dr. Panchanathan. So, Senator, thank you for asking this
    question. So basically what we found when it came to NSF is,
    that there is already a very strong partnership within NSF and
    the Office of Science and Technology Policy (OSTP). I found
    that.
        Senator Hagerty. Yes.
        Dr. Panchanathan. And I have further strengthened this
    partnership, because as you rightly point out, OSTP is a
    coordinator of sorts, you can think of it that way, in terms of
    making sure the agencies can work together even more strongly
    in addition to what we reach out and do ourselves.
        So we are working with OSTP very closely, and including the
    AI activities. And it is our intent to make sure that we will
    have a significant contribution in the report that you
    mentioned. And that is the way we operate. And we have co-
    chaired, as you know, as part of the NSTC, we co-chair the AI
    Task Force, NSF participates very, very actively in that, in
    that activity.

                         MAY 1 DEADLINE FOR OSTP REPORT

        Senator Hagerty. Is your sense the administration will make
    the statutory deadline, the May 1st deadline?
        Dr. Panchanathan. I have no knowledge of that. I am happy
    to find more details, but we do not have any knowledge of that,
    Senator.

        [The information follows:]

        At this time NSF does not have more details to share about OSTP's
    plan regarding their reporting requirements under the Industries of the
    Future Act.

        Senator Hagerty. Well, one thing I want to make certain
    that you agree with is that it makes sense that we understand
    how much, where, and exactly the precise nature of Federal
    Government expenditures, and how we are allocating those
    expenditures today before we begin to add billions of more
    dollars to those expenditures.
        Dr. Panchanathan. Can you--can you repeat the question? I--
    --
        Senator Hagerty. From a timing standpoint, do you agree
    that we ought to have the benefit of this report so that we can
    understand precisely where and how we are allocating our
    research and development resources before we begin to add more,
    billions of dollars there?

                                  PARTNERSHIPS

        Dr. Panchanathan. Senator, as you know, I can only talk
    about what NSF can do in terms of what we are doing in AI. And
    I can give you some examples of what we have been doing in AI,
    because you specifically addressed AI.
        Just last year we launched seven AI institutes, and now at
    this time we are launching eight more institutes and we put the
    call out. And one of those calls is made possible because of
    our strong partnership with industry. I mean, we have Amazon,
    Google, Accenture, and Intel, we went to them and we said,
    ``How might we work together to build a $20 million
    partnership, and each of these institutes is a $20 million
    scale.''
        So now instead of seven institutes, they are going to be
    launching eight because of the partnerships.
        Senator Hagerty. Yes.
        Dr. Panchanathan. So if we are doing everything at NSF to
    see how we might, through partnership----
        Senator Hagerty. Leveraging the private sector, so, yes.
        Dr. Panchanathan. Leveraging partnerships to see how we can
    scale the AI activities, the quantum activities. You know, we
    work very closely with other agencies in AI, including the
    Department of Energy. For example, in quantum we launched the
    institutes together with them. So we will be doing everything
    at NSF.
        Senator Hagerty. Yes.
        Dr. Panchanathan. To partner, partner, partner with
    industry, with other agencies, with communities, so that we
    might leverage the assets that we have at NSF to produce the
    best outcomes in terms of unleashing ideas and talent.
        Senator Hagerty. I think that is going to be absolutely
    critical because the magnitude of the increase that we are
    talking about here is going to far exceed your current
    infrastructure. And if you do not have the ability to leverage
    and coordinate well, I think we are going to have a serious
    challenge in your hands. You do have a serious challenge with
    what is coming down the pike. We are challenged as a nation
    from a technology standpoint.
        So I wish you the very best as you approach this challenge
    and encourage you to continue to exercise these partnerships in
    an aggressive manner. Thanks.

                                  COMPETITION

        Dr. Panchanathan. Thank you very much, Senator, for the
    question. I agree with you, our competition, as I always say,
    the moment we look back and check our competition that is not a
    good thing. We should be leaping forward so far ahead that our
    competition is not something to even bother to check back.
        And that is the position that I would like us to be in. We
    have always been the vanguard of competition, and now is the
    time for us to accelerate. Again, I will repeat the tagline I
    use all the time: strengthen at speed and scale. We need to be
    leaping forward, and at NSF we are focused intensely on that,
    intentionally and intensely to make sure that we are leaping
    forward in progress, and that the support of Congress, and
    support of all of you, is very vital for us to get there.
        Senator Hagerty. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Hagerty.
        I think we have Senator Reed coming to us remotely,
    virtually.

                                     EPSCOR

        Senator Reed. Hi. Thank you, Madam Chairman.
        And, thank you, Director, for your service at the NSF,
    which is a critical agency. And I have always been a strong
    supporter of EPSCoR and its key role at NSF, and I have also
    tried to expand it to the Department of Defense and Department
    of Energy.
        But can you describe in your restructuring and expansion of
    NSF, how you are going to ensure that EPSCoR States like Rhode
    Island, are full participants in the research and technology
    development envisioned under these changes. And is there
    anything we can do to enhance those efforts?
        Dr. Panchanathan. Thank you. You know, when I was talking
    about my central pillar of my vision when I came into the
    agency, which is focused on inclusivity and accessibility, I
    feel talent and ideas are across the Nation in every part of
    Nation. That is the fantastic thing that we have in our Nation.
    The domestic talent and the ideas that we have, that we
    creating every day, domestically, is just fantastic.
        How do we tap into the potential of ideas and talent? How
    do we nurture the talent? How do we make this talent possible
    to take real form so that we might create the industries of the
    future, the entrepreneurial activities of the future, so we
    might have the impact that we desire to have?
        And that is not only what we do with EPSCoR programs,
    having as an augmentation effect of ensuring that we do much
    more in terms of specific technology focus areas, but I would
    like to see that we will nurture talent everywhere as part of
    the mainstream activities at NSF, and push us forward into the
    future.
        At the same time I would also like to make sure that the
    regional innovation accelerators are everywhere, everywhere
    across our Nation. And this requires not only the EPSCoR
    support being augmentative, but the mainstream activities of
    NSF are going to make all of these things possible in all parts
    of our Nation.
        And so I am committed to that. And I know that we can get
    this done because of all the support that the Congress is
    providing, and will provide into the future, and the
    administration is providing. And again, you know, the thematic
    activities, like what EFA provides, and the American Jobs Plan
    provides, I think is the perfect timing for what we can do into
    the future in terms of accelerating all of this, and making
    sure that progress happens across our Nation, everywhere
    geographically.

                                 SMALL BUSINESS

        Senator Reed. I think one of the other advantages, Mr.
    Director, of EPSCoR is that it tends to reach out to the small,
    innovative companies that have relationships with university
    communities throughout the United States. So this, I believe,
    would be another effective way of mobilizing small business,
    which in many respects is the most innovative parts of our
    economy. And I think--I hope you share that feeling.
        Dr. Panchanathan. I definitely share the feeling Senator,
    because that is why when I talked about the SBIR and STTR
    programs, these are rich programs that we can further expand
    and scale to have even more impact in terms of what we can do
    for various companies, small businesses, to not only grow and
    scale, but then through that, actually inspire more new
    companies, and more new entrepreneurial ventures happening in
    every State.
        Like the State of Rhode Island, I have had the good fortune
    of being part of shaping the Innovation Campus idea in Rhode
    Island, partnering with the University of Rhode Island when I
    was in Arizona.
        So I know the potential and the promise that is there in
    the State of Rhode Island, for example, that I know is
    everywhere across our Nation. It is in Arizona where I came
    from. So I know it is everywhere and it is for us to make sure
    that we are ensuring that the talent is nurtured and brought to
    life. We are ensuring that these small businesses and
    entrepreneurial ventures are given a chance to scale and
    succeed.
        Senator Reed. Thank you, Mr. Director.
        Thank you, Madam Chairman. Thank you very much.
        Senator Shaheen. Thank you, Senator Reed.
        Senator Van Hollen.
        Senator Van Hollen. Thank you, thank you, Madam Chairman,
    and to the Ranking Member.
        Mr. Director, great to see you here. As you know, the State
    of Maryland is a great engine of research and technology in the
    United States, home to many Federal agencies, had two large
    academic research institutions, lots of other important assets.
    And I was pleased to hear your enthusiasm for both the American
    Jobs Plan, and also the budget that is been submitted by the
    Biden administration, which is, as the Chair said, is important
    to making sure the United States maintains an edge and does not
    fall behind.
        And I think all of us do worry that if you look at the
    global numbers and our share of R&D we are slipping,
    potentially, farther behind if we don't act. In 1960 the United
    States contributed close to 70 percent of global research and
    development investments, by the year 2018 we accounted for
    about 27 percent of those investments.
        As you know, in 2015, China launched the Made in China
    Initiative. You have mentioned China's efforts in your
    testimony today. That was a strategic plan to try to promote
    and become dominant in certain technologies by the year 2025.
    And they now represent about 26 percent of global investment in
    R&D. So we are really at a, I think a tipping point here in the
    United States. And that is why it is so essential that we move
    forward.
        Senator Roy blunt and I are going to introduce this week,
    something I call the National Strategy to Ensure American
    Leadership Act, the SEAL Act, where we are going to ask--ask
    the National Academy of Sciences, Engineering, and Medicine, to
    look around the corner a little bit, as you say, and identify
    areas where the United States has to focus in order not to get
    caught behind.
        And obviously NSF will play a critical role in whatever
    findings they make as part of that effort. One of those areas
    that we know of now is, of course, quantum information science.
    And the University of Maryland, NIST, ARL, IonQ, these are all
    Maryland entities that are very engaged in that space.
        President Biden's budget includes a proposal for a new NSF
    directorate to expedite technology development in areas that
    are critical to our competitiveness. How do you envision that
    sort of unfolding, and what role do you see for quantum
    technologies within that new directorate?

                           QUANTUM TECHNOLOGY AND TIP

        Dr. Panchanathan. Thank you. I see quantum as one of those
    technologies that is very, very important and vital for us to
    ensure that we are far ahead of any other nation. We have the
    capacities to do that simply because of the fact that all
    aspects of quantum information science have been what NSF's
    investments, and other investments, have made possible over
    several decades to get where we are today.
        So we should be leveraging every bit of that set of
    investments and translating them as quickly as we can, as well
    as building newer technologies and newer ideas around science,
    engineering, and other realms, so that quantum might be
    something that we will be, as I said, far ahead of any others.
        With respect to the technology directorate that you
    mentioned, this is the purpose of the technology directorate,
    is that it might take these early ideas and technologies that
    are emerging, quantum being one of them, AivNO is another, and
    biotechnology is another, and we can go down the set of
    technologies that are emerging, and some are just yet in the
    labs, what I call: How do we take the bench ideas to benefits?
    They are still in the lab.
        How do we take all these technologies, and the technology
    directorate, therefore, is how do we leverage these
    technologies that are emerging from the science directorates?
    How do we then energize the activities in quantum even more so
    that we are ready for the next set of ideas that are coming
    out, next set of technologies that are coming out, even in the
    quantum realm?
        How do we then take those ideas and then quickly translate
    them into entrepreneurial ventures? How do we work with
    companies so that the companies then can be more competitive
    than ever before? How do we develop regional ecosystems of
    prosperity around quantum where it is most ideally located in
    our Nation?
        All of these things have to be done. And that is why we are
    really excited by the fiscal year 2022 budget request, the
    American Jobs Plan request, as well as the concept of the
    Endless Frontier Act, which is all talking about how we might
    leverage what we have already invested in over several decades
    in the United States and leapfrog into the future.
        Senator Van Hollen. Thank you.
        Dr. Panchanathan. You rightly point out about the
    competition. And I agree with that.
        Senator Van Hollen. Thank you, Mr. Director. I see my time
    is short, so I am going to mention a couple of things, maybe
    you can get back to me on the record. One is in order to
    maximize our potential we need all of our scientific sort of
    players on the field here. We need everybody involved. HBCUs
    have been under-represented when it comes to NSF investments in
    the past, even though 25 percent of African-Americans earned
    their degrees in STEM at HBCUs that look forward to your
    strategy for addressing those issues.
        Also the labs impacted by COVID-19. And finally, some
    information on alternative protein research which a lot of
    people have been looking into. So I will be submitting
    questions for the record on those topics. So, thank you.
        Dr. Panchanathan. Thank you, Senator. We will be happy to
    answer all of those.
        Senator Shaheen. Thank you very much, Senator Van Hollen.
        Senator Braun.

                       SPENDING PLAN FOR BUDGET INCREASE

        Senator Braun. Thank you, Madam Chair.
        I don't want to repeat what was, maybe, already discussed,
    but in the time I have been here, which is a little over 2
    years, I think we are probably at the most perilous point, in
    my observation, of what I was concerned about before I got
    here. And that is how we continue to do the things that are
    most important for the American public and do it in a way that
    we honestly can say it is going to be there down the road.
        And I know what you do, and the amount of dollars we are
    talking about, and this does not hardly register anymore when
    the new denomination is trillions, but I do think it is always
    worth mentioning that even for good functions like this, or the
    NIH, which to me is investing in something that is about as
    close to being tangible as you can get. But I think it is in
    peril in the mid--in the long run, when we do not exercise the
    political will around here to rein in what is now a trillion-
    dollar structural deficit, a trillion dollars.
        And if you look at what we have added to our balance sheet
    just through COVID, to me some of that was obviously necessary,
    but a lot of it you can argue that it was not absolutely
    necessary. And all of that puts us in peril to where, when we
    are no longer the reserve currency the pain starts to come in
    immediately that may not occur for a while when we do fully
    deplete the Medicare Trust Fund, and maybe the Social Security
    Trust Fund, which I think is earmarked for early in the 2030s,
    that is what bothers me.
        So, when I look here, in terms of what is being requested,
    from the $8.5 billion up to $10 billion, or even $50 billion
    that to me seems like a very reasonable figure, even at the
    higher amount. But when it is in the context of how we run this
    place, in general, I think it is incumbent for any one of us
    when we are interested in and really like something, and it
    makes sense, especially this, which I consider an investment,
    that we cannot lose sight of where we are at in general, and
    especially the American public understanding it.
        I think there was some discussion earlier about how you
    would ramp up when you would take either, or roughly, 15 to 20
    percent increase, let alone afford a 500 percent increase. How
    long would it take for you, actually, to build up to where you
    had enough critical mass to actually spend that kind of money
    if, in fact, it fell into your lap?
        Dr. Panchanathan. Thank you, Senator. The first thing I
    wanted to say is, this is an investment with a return on
    investment. And I want to start with that so that you know I
    appreciate the point that you made, absolutely.
        When you look at the Digital Libraries project that was
    funded by NSF in the early-1990s, and a couple of years later
    we had a final report on the project, which said that we are
    launching the company Google. That was the final report on that
    project that NSF received back. And we know that it is one of
    the companies that is competing fairly and squarely and far
    ahead and keeping us ahead. Likewise, Qualcomm was an SBIR,
    Small Business Innovation Research project that was funded by
    NSF in the 1980s.
        So you can clearly see that there are a lot of examples to
    be seen where we can actually have a significant return on
    investment, not only in terms of the trained talent, but also
    in terms of the companies that get spun out, and
    entrepreneurial ventures that get spun out, which makes
    possible regional innovation ecosystems of significant
    vibrancy.
        Now, when you talk about the ramp up, I was just mentioning
    earlier that if you look at the existing projects that are at
    NSF that should be funded that are not being funded, and these
    are ideas that we are leaving behind, that I fear that our
    competitors are going to take advantage of those ideas by their
    investments, and move that forward. That would not be a good
    thing for us as a Nation.
        So we need to make sure that every bit of ideas that have
    been reviewed and shown to be worthy of investment need to be
    invested in, because our Nation cannot let those ideas not be
    nurtured right here and developed right here, and then the
    translation happening right here in our Nation. Right there,
    Senator, we are talking about a doubling of the budget.

                              $50 BILLION FOR TIP

        Senator Braun. I have got one follow-up question, because
    my time is running short. On the $50 billion figure, was that
    your suggestion or the administration's, in terms of the
    amount?
        Dr. Panchanathan. So I put forth a vision, basically, in
    terms of what we can do. I talked about the concept of what we
    can do. I have been talking about it since I joined NSF, I laid
    out the vision for NSF, where I talked about how we can take
    all the fantastic science and technology activities that NSF
    has been doing, and how we might leverage this by a cross-cut
    thinking of technology as part of that.
        So the vision and the ideas are something that I have been
    talking about for several months now, since I got here. And
    that is, Senator, based on my experience in Arizona, in my
    previous role I have seen firsthand, how when you take
    research, technology development, economic development,
    partnership with industry, and bringing the regional economic
    development activities together, you can really make a region
    prosper, and it attracts new companies.
        So I know that this can be done nationally, and this is the
    time for us to do that. You refer to our competition, this is
    the time for us to do that at speed and scale across our
    Nation. So it can be done. And so the concept is something that
    I have been talking about.
        Senator Braun. Thank you.
        Senator Shaheen. Thank you, Senator Braun.
        Senator Hagerty, I understand that you would like a second
    round. So let me go to you.

                                 SUPERCOMPUTING

        Senator Hagerty. It might help if I turn this on. Thank
    you, Madam Chair. I appreciate that.
        I just want to follow up on the questions that Senator Van
    Hollen asked, particularly focused on supercomputing, quantum
    computing. And I think the Senator from Maryland made a great
    point, that this is an area of great competition that we are in
    right now, and the United States' share of research dollars is
    declining, even though our absolute expenditures are going up.
    It is because China is investing so heavily in these areas.
        And if that investment continues, if they achieve the
    breakthrough that they are looking for, they may be in a
    position to, by brute force, break our encryption technology.
    That is not a place that we ever want to be.
        I would like, if I might, turn to my home State of
    Tennessee. There, as you well know, Oak Ridge National Lab is a
    gem of the United States, and we run the Summit supercomputer.
    It is our country's fastest supercomputer to date. And later
    year we are going to introduce an exascale computer. Again,
    supercomputing is a great strength of ours there in Tennessee,
    at Oak Ridge National Lab. I understand also that the National
    Science Foundation has supercomputing capacity.
        Back to the original theme, I want to encourage you,
    Director, to make certain that we are coordinating as best as
    we possibly can because as we put billions of dollars to work,
    billions of American tax dollars to work, as Senator Braun
    rightly mentioned, are scarce and precious even more now than
    ever before. We need to make sure that we get the most of that
    investment, and it is going to require a great deal of
    coordination.
        Dr. Panchanathan. Thank you, Senator. I will tell you two
    things in quick response. I am all about partnerships. I
    mentioned that to you.
        Senator Hagerty. Yes.
        Dr. Panchanathan. When the COVID hit, the pandemic hit, we
    quickly constituted what we call the high-performance computing
    consortium. This was partnership between Department of Energy,
    NSF, and companies like IBM coming together and saying: how
    might we provide the high-performance computing cycles that are
    necessary to combat this pandemic by the models that we need to
    look at, and understand how the virus behaves, and how we might
    combat the pandemic through the thinking.
        So we are working very closely with the Department of
    Energy, not only in the high-performance computing realm, but
    in quantum and other emerging areas.
        And I will leave with the second thought. Last week I had
    my first conversation with Secretary Granholm. I reached out
    and I said: Secretary, I would like to have a conversation with
    you. And she was kind enough to give me the time. And I said:
    how might we work together, Secretary? We might be partnering
    with each other because, you know, Department of Energy and NSF
    can do even greater things as we move things forward.
        So you can count on my DNA of partnership that I have to
    see how I can reach out and talk to every agency out there to
    see how we might work together. Because as a nation we need
    that----
        Senator Hagerty. I agree.
        Dr. Panchanathan [continuing]. To move us forward at speed
    and scale now.
        Senator Hagerty. Yes. Well, I applaud that effort. Thank
    you.
        And Madam Chair, thank you very much for the additional
    time.
        Senator Shaheen. Sure. Senator Manchin, if you are ready,
    we can take you right now.
        Senator Manchin. I am more than ready.
        Senator Shaheen. You can sit wherever you want.
        Senator Manchin. Thank you so much. Thank you. Thank you
    very much, Senator.
        Doctor, it is so good to have you here. Thank you very
    much. Okay?
        Dr. Panchanathan. Okay.

                              PARTNERSHIP WITH DOE

        Senator Manchin. Last year the Energy Committee worked in a
    bipartisan manner to assemble and pass the Energy Act, as you
    recall, proving the commitment that my colleagues and I shared
    advancing innovation across many technology areas, that law and
    several others focus on the Department of Energy and the
    National Labs, leadership role in research development and
    commercialization of several energy technologies, as well as
    advances in computing, manufacturing, and so many other areas.
        And I understand the roles that National Science
    Foundation, and the Department of Energy, and National
    Laboratories play in the broader innovation landscape. And I
    support the mission of each organization. I want to focus my
    question on the relationship between the DOE and the NSF with
    regards to research and development.
        So I think I can ask, Doctor, if you agree that the
    Department of Energy and National Labs play a critical, a very
    critical role in the technology research development,
    commercialization and the fields mentioned in the Endless
    Frontier Act?
        Dr. Panchanathan. Senator, just before you walked in, I was
    just talking about the strong partnership that we have the
    Department of Energy in the areas of quantum, in the high-
    performance computing area, Senator, we partnered with them in
    ensuring that high-performance cycles were available between
    our two high-performance computing infrastructure that we have,
    so that we might combat the pandemic fairly and squarely.
        We partnered with energy in the area of AI. We partnered
    with energy in a lot of other projects and most importantly
    facilities, the fantastic facilities that we have, you know.
    And whether it is the facility in Switzerland, or whether it is
    the facility in Chile, we partnered with DOE and we look
    forward to strengthening those partnerships. So this is
    something that I am very, very keen to do.
        Senator Manchin. Yes.
        Dr. Panchanathan. I was just saying that I spoke to Senator
    Granholm last week.
        Senator Manchin. Yes.
        Dr. Panchanathan. And I reached out to Senator Granholm and
    said, I would very much like to talk to you about how we might
    strengthen this partnership even more.
        Senator Manchin. Right.
        Dr. Panchanathan. She and I are absolutely committed to
    seeing how we might work together, you know, much more----
        Senator Manchin. What we are trying to prevent from
    happening is reinventing the wheel.
        And Madam Chairman, if you will, allow me?
        Senator Shaheen. Yes.

                 PREVENTING DUPLICATION IN RESEARCH AND FUNDING

        Senator Manchin. The DOE has already got the National Labs
    all over the country, as you know, the amount of money that
    they were trying to move around now, and maybe investing again.
    Are we trying to reinvent the wheel where we are paying double
    for what we already have already done?
        So in doing that you have a hundred million--it was a $100
    million I think was going to be invested for us to be able to
    compete at the levels we need to compete globally and be--still
    be a global leader.
        Do you believe that money should go to the National Labs,
    or part of that money? Or do you think all of it should come to
    NSF?
        Dr. Panchanathan. Senator that is up to Congress to decide
    what is the right thing to do. I can only tell you from the
    point of view of NSF. There are unbelievable technologies at
    NSF. It is not only about energy technologies, clearly in
    energy technologies we need to partner with Department of
    Energy Labs, and others. But when we talk about NSF, NSF pilots
    all technologies, broad spectrum of technologies. And so
    whether it is, you know, the GEO directorate, or BIO
    directorate, or computing directorate, or engineering
    directorate, whatever the directorate might be, there are many,
    many technologies that are emerging from NSF.

                       COMMERCIALIZATION OF TECHNOLOGIES

        Senator Manchin. Are you able to commercialize these
    technologies?
        Dr. Panchanathan. Yes.
        Senator Manchin. Do you have the experience of
    commercializing them, such as the labs?
        Dr. Panchanathan. So that is the infrastructure that we
    already have, Senator. In terms of, if you look at our I-Corps
    program, our own SBIR/STTR program, and the proposals that we
    have in terms of the innovation centers and accelerators that
    we think are necessary to be built as a public-private
    partnership.
        And that partnership, Senator, can also include other
    agencies. No question about that. I think I look at this as:
    this is a time where all technologies that need to be brought
    rapidly to market is exceedingly important for us to compete
    against our competitors, like China. We need to unify ourselves
    and see how we can do this faster.

                               WEST VIRGINIA LABS

        Senator Manchin. And we would like, in West Virginia, you
    know, we do a lot of the heavy lifting, and it is something we
    are proud of. We would like to invite you to make sure that you
    come to our Green Bank Observatory. Have you been to that? I do
    not think----
        Dr. Panchanathan. I have not yet, Senator.
        Senator Manchin. Please come.
        Dr. Panchanathan. But I would most certainly welcome the
    opportunity----
        Senator Manchin. We are inviting you with our open arms to
    come and visit.
        Dr. Panchanathan. Yes.
        Senator Manchin. Because I think it would be exciting for
    you.
        Dr. Panchanathan. Accepted.
        Senator Manchin. And also, maybe in Morgantown to see our
    lab, our NET Lab, National Energy Technology Lab----
        Dr. Panchanathan. Yes.
        Senator Manchin [continuing]. Which has done so much in the
    areas of energy production for our country, at maximum
    efficiencies. Also Marshall University's Robert C. Byrd
    Institute (RCBI), the Apprentice workshops and you all work I
    think with that.
        Dr. Panchanathan. Yes.
        Senator Manchin. And you all do a lot----
        Dr. Panchanathan. Yes.
        Senator Manchin [continuing]. With the Apprentice
    workshops, which has been very, very instrumental and done a
    great job. So we look forward to working with you. I appreciate
    the hard work. I hope that we can work together, myself on
    energy, and basically with the NSF, and also through our labs,
    so that we don't have a redundancy or a competition. We take
    what each one does and expertise you have, and make sure that
    we build off of that so we get the best return.
        Dr. Panchanathan. Yes.

                                  PARTNERSHIPS

        Senator Manchin. And then sharing information back and
    forth.
        Dr. Panchanathan. Senator, I would agree with you. I think
    as a Nation, we need to advance all science, technology
    aspirations. More importantly, Senator, you brought up
    something that is very important and dear to my heart is: how
    do we get talent everywhere energized? In the great State of
    West Virginia, for example, there are talents and there are
    pathways.
        Senator Manchin. Yes.
        Dr. Panchanathan. Some talent may go through a 4-year
    university, some may go through a research university, some may
    go through a community college, some may go through after a K
    through 12 with a vocational training. All STEM talent needs to
    be inspired, motivated, nurtured, that is where I think NSF
    shines.
        The NSF programs ensure us that we not only take care of
    how do we get the best science teachers inspiring the K through
    12 talent, best K through 12 programs, understanding how people
    learn so we can develop better outcomes through learning, and
    then ensuring that all pathways are energized.
        So this is something that I believe is very important for
    us, the talent part, for all parts of our Nation, including
    West Virginia.
        Senator Manchin. Yes.
        Dr. Panchanathan. And I look forward to the opportunity of
    being with you in the Green Bank Observatory.
        I know my time is short, but I will tell you I have
    personal attachment to that. My father was a radio astronomer,
    so I know how important the radio astronomy facilities are, and
    so----
        Senator Manchin. I will have my staff reach out. We will
    set up an appointment. And I will just meet you there, or we
    will take you there, whatever. And I think it will be extremely
    interesting. It is called the Quiet Zone.
        Dr. Panchanathan. Yes, Quiet Zone, yes. We value that
    immensely. Thank you so much.
        Senator Manchin. I look forward to working with you. Thanks
    so much.
        Dr. Panchanathan. Likewise, I look forward to working with
    you, too.

                                 STEM EDUCATION

        Senator Shaheen. Thank you, Senator Manchin.
        And I am glad you came back to that topic, Director,
    because I have another round, and it is about exactly that.
        I talked in my opening statement about the importance of
    STEM education. You talked in your testimony about the
    importance of inclusivity, and how do we bring more people in
    to have the STEM backgrounds that they need so that they can do
    the research and the innovation that the country needs.
        The 2022 budget request has an additional $100 million to
    help address this. Can you talk a little more, with
    specificity, about how you see using that hundred million, and
    how you envision reaching out to make STEM opportunities more
    inclusive for people?
        Dr. Panchanathan. Senator, as you know, additional details
    on specific things will come out when the President's budget
    request formally comes out, and we will have all of the
    details. But I can speak to the principles of what we are doing
    right now and----
        Senator Shaheen. Yes. Well, speak to your vision for how
    you see----
        Dr. Panchanathan. Yes. Yes.
        Senator Shaheen [continuing]. Being more diverse and
    inclusive, and how we--how we get those folks into what we are
    trying to do?
        Dr. Panchanathan. Senator, thank you. As I said, I am very,
    very passionate about talent everywhere being energized, and
    particularly in our MSIs, HBCUs, HSIs, and Tribal Colleges and
    Universities, TCUPs, and our community colleges. We need to
    make sure that talent is everywhere, and that the talent has
    the opportunity, therefore, to be nurtured right where the
    talent is. To give opportunities that they don't have to,
    therefore, go to some other place. They may do so by choosing
    to do that, but not because they have no other choice where
    they are.
        And so we are ensuring that they are listening to HBCUs,
    asking them and so, pretending that we know the answer to
    everything, NSF is really good at convening through workshops,
    and seminars, and through advisory committees, and constantly
    listening to people. How can we do even more, better? How can
    we do this at a larger scale?
        So we have a number of pilot programs. Let us take HBCUs,
    for example, the HBCU STEM Undergraduate program is a very
    successful program. And that program, for example, consults
    with the 50 HBCUs to see how we can energize the undergraduate
    talent to think about going for post-graduate, as well as
    industry jobs, and other career opportunities.
        So we are going to be working through our various pilot
    programs, right now I call them pilots, some of them are
    pilots, and how do we scale them. So when we talk about new
    investments, it is really for scaling these ideas. And by
    listening to the community we can shape these programs, so they
    achieve the success that we desire. So there are so many ideas
    that are out there, and talent that is out there, but we need
    resources to be able to scale them fast.
        And that is why I am very enthusiastic. I repeat this
    again, very enthusiastic about the fiscal year 2022 budget,
    very enthusiastic about the American Jobs Plan, very
    enthusiastic about the spirit of EFA, because these things make
    possible because this is the time for us to do that.
        And I can assure you, and I can, in fact, give you the
    details offline in order to make sure that you have a complete
    coverage of all the things that we have going on right now at
    NSF in terms of what we call the Education and Human Resources
    Directorate, pioneering programs, but also working in
    partnership with our other directorates to ensure that talent,
    wherever it is, has a chance to be successful, and that there
    are no barriers to that success.

        [The information follows:]

        NSF is committed to increasing participation in the STEM
    enterprise, especially by groups that have historically been
    underserved and underrepresented in STEM fields. The NSF program
    portfolio reflects an ongoing effort to expand opportunities for
    participation.
        Minority serving institutions (MSIs) serve an important role in
    educating students from groups historically underrepresented in STEM.
    Several programs are of particular importance for building research
    capacity and enhancing STEM education at MSIs:

      --The Centers for Research Excellence in Science and Technology
            (CREST) program provides support to enhance the research
            capabilities of MSIs by the establishment of centers that
            effectively integrate education and research. As part of the
            CREST program HBCU Research Infrastructure for Science and
            Engineering (HBCU-RISE) track supports the expansion of
            institutional research capacity as well as the production of
            doctoral students, especially those from groups
            underrepresented in STEM, at HBCUs.
      --The Historically Black Colleges and Universities Undergraduate
            Program (HBCU-UP) provides funding to strengthen STEM
            undergraduate education and research at HBCUs.
      --The HBCU Excellence in Research (HBCU EiR) program, managed through
            the Office of Integrative Activities, provides opportunities
            for HBCUs, particularly for those that have not been successful
            in larger NSF R&RA competitions, in order to stimulate
            sustainable improvement in their research and development
            capacity.
      --The Improving Undergraduate STEM Education Hispanic-Serving
            Institutions (HSI) program is directed toward enhancing the
            quality of undergraduate STEM education and to increase the
            recruitment, retention, and graduation rates of students
            pursuing degrees in STEM at the Nation's HSIs.
      --The Tribal Colleges and Universities (TCUP) program provides
            support to Tribal Colleges and Universities, Alaska Native-
            serving institutions, and Native Hawaiian-serving institutions
            to promote high quality STEM education and research.

        Other efforts increase the participation of groups historically
    underrepresented in STEM include programs:

      --This Louis Stokes Alliances for Minority Participation (LSAMP)
            directed toward removing barriers for participation of
            underrepresented students in the STEM education enterprise,
      --Alliances for Graduate Education and the Professoriate (AGEP)
            focused on increasing the number of historically
            underrepresented minority faculty in STEM by building and
            sharing successful models,
      --Organizational Change for Gender Equity in STEM Academic
            Professions (ADVANCE) catalyzing institutional change to
            enhance the systemic factors that support equity and inclusion
            and to mitigate the systemic factors that create inequities in
            the academic profession and workplaces, and
      --Inclusion across the Nation of Communities of Learners of
            Underrepresented Discoverers in Engineering and Science (NSF
            INCLUDES) building collaborative infrastructure to catalyze the
            STEM enterprise to work collaboratively for inclusive change,
            resulting in a STEM workforce that reflects the population of
            the Nation.

        In additional to NSF's longstanding programs NSF some examples of
    new initiatives are:

      --Within SBE, a new program was initiated in fiscal year 2020, Build
            and Broaden (B2), which fosters research collaborations between
            scholars at MSIs and scholars in other institutions or
            organizations.
      --New in fiscal year 2021, the CISE-MSI Research Expansion Program,
            will broaden participation by increasing the number of CISE-
            funded research projects from MSIs.
      --The Directorate of Education and Human Resources released a new
            Program Description, ``Racial Equity in STEM Education,'' that
            seeks proposals that would advance racial equity in STEM
            education and workforce development through research and
            practice.

        And so this is something that you will find in my vision.
    You alluded to my vision. My vision is to ensure there are no
    barriers to success, there are no barriers to scaling and that
    people who have the talent are able to exercise that.
        Senator Shaheen. Well, thank you very much. I agree. It is
    a very exciting time, and that the Jobs Plan, and the other
    initiatives that have been offered provide very exciting
    opportunities. But we have to make sure that they work in the
    way that we envision, and that we are getting the best bang for
    the buck out of the dollars that we spend.
        So I look forward to working with you on that. I know the
    subcommittee looks forward to working with you on that.

                         ADDITIONAL COMMITTEE QUESTIONS

        At this point I don't think we have any more people
    waiting, virtually. So I will close the hearing. If there are
    any questions for the record, we will submit those. And we hope
    that NSF can respond to any questions within 30 days.
        So, again, thank you very much, Director. It is exciting. I
    really appreciate your being our kickoff hearing of the year,
    and look forward to what will be accomplished at NSF.
        Dr. Panchanathan. Thank you, Chair Shaheen, and the
    subcommittee Members.
        Senator Shaheen. Thank you.
        [The following questions were not asked at the hearing, but
    were submitted to the National Science Foundation for response
    subsequent to the hearing.]
          Questions Submitted to Dr. Sethuraman Panchanathan, Director
                 Questions Submitted by Senator Jeanne Shaheen
     A Review of the President's Fiscal Year 2022 Funding Request for the
         National Science Foundation and Securing U.S. Competitiveness
                              new nsf directorate
        Question 1a. The fiscal year 2022 budget outline proposes a new
    National Science Foundation directorate focused on technology
    development. This idea is similar to the bipartisan Endless Frontier
    Act that creates a new NSF Technology Directorate focused on 10
    priority topics. These priority topics include artificial intelligence,
    quantum computing, robotics and clean energy.
        How would the creation of a Technology Directorate, either through
    the Endless Frontier Act or as proposed in the President's budget
    outline, benefit the National Science Foundation?

        Answer. Intense global competition and a rapidly-changing
    technological landscape requires the United States to take a different
    approach to research and development investment that brings science and
    technology innovations to market much more rapidly. Doing so requires
    unleashing the potential of economies of innovation across the Nation
    and tightly integrating curiosity-driven and use-inspired research to
    address societal challenges. The scientific pursuit of knowledge and
    understanding cannot be separated from the development of new
    technological capabilities. And, in turn, those new capabilities allow
    us to pursue new research questions that were either unseen or out of
    reach.
        The creation of a new directorate will allow the agency to continue
    to support innovation across all disciplines of science and
    engineering, at the speed that is required in today's rapidly changing
    landscape, and to harness the profound technological opportunities to
    produce another seven decades of transformational innovations for the
    country.
        The new directorate will work with programs across NSF and with
    other Federal and non-Federal entities to expedite technology
    development in emerging areas that are crucial for the United States'
    technological leadership, including artificial intelligence, high
    performance computing, disaster response and resilience, quantum
    information systems, robotics, advanced communications technologies,
    biotechnology, cybersecurity, and materials science.

        Question 1b. Obviously multiple departments and agencies fund
    research into Artificial Intelligence, quantum and other topics within
    the priority list, including the Department of Defense, the Department
    of Energy's Office of Science and the National Institute of Standards
    and Technology. How would NSF work with these other agencies and how do
    the agencies all fit together in the innovation pipeline?

        Answer. NSF is the Nation's leader in supporting fundamental
    research in all areas of science and engineering, including AI,
    advanced manufacturing, advanced wireless, biotechnology,
    microelectronics and semiconductors, and quantum information science
    (QIS). NSF has a long history of collaborating with other Federal
    agencies through various avenues. For example:

      --The NSF Director co-chairs the National Science and Technology
            Council's (NSTC) Select Committee on AI, which advises the
            White House on interagency AI R&D priorities and establishes
            structures to improve government planning and coordination. NSF
            leadership also co-chairs the NSTC Machine Learning and
            Artificial Intelligence Subcommittee as well as the NSTC Future
            Advanced Computing Ecosystem Subcommittee.
      --NSF leadership co-chairs the Federal Government's Networking and
            Information Technology Research and Development (NITRD)
            Subcommittee of the NSTC, which coordinates investments in
            networking and information technology research and development
            across more than 20 Federal departments, agencies, and offices.
      --NSF leadership co-chairs the NSTC Subcommittee on Quantum
            Information Science, ensuring coordination in our Nation's QIS
            investments.

        NSF also has a proven track record of partnering with other Federal
    agencies to support research in areas of shared interest. Some examples
    of this include the Cyber-Physical Systems, National AI Research
    Institutes, National Robotics Initiative, and Smart and Connected
    Health programs. For example, in fiscal year 2020, the U.S. Department
    of Agriculture National Institute of Food and Agriculture wholly funded
    two AI Institutes. In general, NSF partners with other agencies to
    pursue use-inspired innovations that advance fundamental research and
    accelerate transition to practice while addressing other agencies'
    mission spaces.

        Question 1c. How does NSF balance investing in known priority
    fields that still have significant questions outstanding, like quantum
    computing, versus exploratory research that helps determine these
    future fields?

        Answer. NSF ardently believes in and supports the full spectrum of
    research from foundational to use-inspired. Innovations in foundational
    research drive use-inspired advances, and use-inspired advances in turn
    serve to motivate additional foundational work. This iterative process
    has been at the heart of the NSF-funded innovations that have, over
    many decades, paid dividends on taxpayers' investments. NSF views
    growing support for all aspects of fundamental research and workforce
    development as the key to shaping emerging technologies and driving the
    industries of tomorrow.

        Question 1d. I have heard concerns that the proposal to create a
    new Technology Directorate will move NSF away from its basic research
    mission. Can you reaffirm NSF's commitment to basic research and also
    explain your vision for how the existing structure of the agency would
    be protected?

        Answer. NSF is fully committed to its founding mission to advance
    fundamental research in all areas of science and engineering. While NSF
    is also committed to the creation of a directorate for technology,
    innovation, and partnerships, this new directorate could not exist
    without the rest of NSF continuing to produce the groundbreaking
    results it always has. These results will pave the way for new
    technologies and innovations that this directorate can in turn further
    advance and transition to practice. Thus, NSF must continue to support
    the full spectrum of research--from foundational to use-inspired to
    translational--to ensure that the results of NSF's investments are
    fully realized, giving rise to new technologies and positive impacts on
    individuals' lives, the Nation's economy, and global competitiveness.
        NSF has been investing in foundational research and use-inspired
    outcomes for decades. At a time of intense global competition, NSF is
    prepared to lead the Nation in equal parts discovery and innovation,
    along with STEM education, to help build a diverse and inclusive
    workforce and unleash economic and societal progress. NSF is well
    positioned to identify emerging opportunities and innovate to create
    future opportunities to unlock their potential for the American people.
    Every day, we benefit directly from NSF-funded advances, from the
    technology that powers our smartphones and the capabilities that
    connect them, to improved weather forecasts, to a better understanding
    of the world around us. These are the sorts of groundbreaking advances
    that we expect through the formation of collaborations between the new
    directorate and existing NSF directorates.

        Question 1e. How do we ensure that the new program reaches all
    geographic areas? Innovation should not be limited to a few standout
    regions. I want to make sure that the benefits of innovation are
    broadly shared. Will EPSCoR States be prioritized in this new
    Technology Directorate?

        Answer. NSF is committed to harnessing the talent for innovation
    that exists throughout the U.S. Any individual, regardless of
    geographic or demographic background, might be inspired to pursue a
    career in STEM research and innovation--and the participation of people
    with different backgrounds strengthens the research enterprise by
    bringing varied perspectives to the table. For example, NSF-funded
    research has demonstrated the power of diverse perspectives in
    advancing use-inspired research for equitable AI systems.
        Given this context, NSF envisions that the new directorate would
    support the creation and development of novel local and regional
    innovation ecosystems, throughout the U.S., capable of addressing
    local-level challenges, ranging from food and agriculture to
    transportation to healthcare delivery to equitable access to education.
    These regional innovation accelerators would result in new products and
    services contributing to economic growth and new jobs in every corner
    of the country--presenting opportunities for every American.
        NSF operates through merit review; therefore, funding flows to
    meritorious projects wherever they are located. In addition, NSF works
    diligently to develop the research capacity of every EPSCoR
    jurisdiction so that the Nation can leverage its full research
    potential. The EPSCoR program's outreach mechanisms enable NSF staff to
    directly engage and inform the EPSCoR research community about NSF
    opportunities, priorities, programs, and policies. We anticipate that
    staff from the new directorate will participate in such EPSCoR-focused
    outreach. Through these efforts, EPSCoR jurisdictions' abilities to
    submit competitive proposals for varying projects sizes and scopes will
    be strengthened.
        NSF's fiscal year 2022 budget request to Congress includes more
    details about planned activities and investments through the new
    directorate.
                               covid-19 pandemic
        Question 2a. The pandemic has profoundly affected all our lives,
    and the scientific and research enterprise is no exception. The
    pandemic has stretched resources and limited in-person interaction,
    which has required putting projects on hold or even shutting down
    experiments. Yet, the scientific community has responded in ways that
    many only dreamt were possible--most notably developing not one, but
    multiple novel vaccines in less than a year. We owe the scientific
    community a great debt of gratitude.
        How has the pandemic affected the scientific community as well as
    the NSF directly?

        Answer. As it relates to NSF directly, the pandemic has certainly
    had a significant effect on NSF's staff, both in how NSF conducts
    business and through the burdens staff need to manage in their personal
    lives. However, NSF has mitigated these challenges and continues to
    effectively achieve the agency's mission.
        Examples of actions NSF has taken to successfully meet its mission
    during the pandemic:

      --Ensured all NSF staff were telework-ready and had telework
            agreements in place at the start of the pandemic to allow for a
            maximum virtual posture.
      --Prior to the pandemic, invested significantly in laptops and mobile
            devices as well as remote access tools, allowing staff to work
            seamlessly in any location.
      --Expedited the rollout of the Zoom technology to facilitate remote
            work by providing an agency-wide virtual collaboration
            platform. Zoom has been effective and well-received by NSF
            staff and stakeholders since the start of the pandemic.
      --Created new business processes appropriate in a virtual
            environment, such as employee onboarding and offboarding as
            well as virtual information technology help for teleworking
            staff.
      --Provided workforce flexibilities, including weather and safety
            leave, to help employees deal with personal responsibilities
            such as the closure of schools, dependent care and senior care.

        As it related to the scientific community, early reports released
    in 2020 suggested that the pandemic had a tremendous impact. Student
    and faculty researchers had to abruptly cease work, which resulted in
    lost data, samples, and years of work causing disruptions to career
    trajectories for early career scientists. NSF's major facilities were
    also affected. Some had to curtail operations and shut down equipment
    that is costly to restart and some are still operating at a limited
    capacity. Some academic institutions instituted layoffs or paused
    hiring to offset reductions in available financial resources, and some
    of the gains made in broadening participation may be shrinking. In
    addition, NSF has gathered qualitative information about the impacts of
    the COVID-19 pandemic on STEM communities through listening sessions
    and formal presentations from the Association of Public and Land-Grant
    Universities, Association of American Universities, meetings with
    University Vice Presidents of Research, NSF Advisory Committees, the
    Committee on Equal Opportunity in Science and Engineering, the National
    Science Board, and the 20-year celebration of NSF's ADVANCE program.
    These anecdotal reports emphasized the potential for impact at
    transition points early in academic career pathways (undergraduate to
    graduate student, graduate student to post-doc, post-doc to new faculty
    member). They also emphasized challenges experienced by academic
    researchers (students, post-docs, faculty members, and technicians) who
    had young families, because of extended school closures. For women,
    this information is supported by the findings of the National
    Academies' report, The Impact of COVID-19 on the Careers of Women in
    Academic Science,\1\ Engineering, and Medicine. This report, sponsored
    in part by NSF, summarized additional evidence about the impacts of the
    COVID-19 on women.
    ---------------------------------------------------------------------------
        \1\ www.nap.edu/resource/26061/ReportHighlights_WomenCOVID-
    19_FINAL.pdf
    ---------------------------------------------------------------------------
        NSF acted quickly in response to the pandemic and used $75 million
    in CARES Act funding together with funds from its regular appropriation
    to fund over 900 Rapid Response Research (RAPID) and EAGER awards. The
    awards were to model and understand the spread of COVID, inform and
    educate about transmission and prevention, and develop processes and
    actions to address the global challenge. This funding energized the
    research community, while other initiatives were put into place to
    provide support at all levels to mitigate losses and catalyze the
    recovery of research, maintain the STEM talent pipeline, and ensure
    that NSF had staffing to implement necessary recovery mechanisms.
        NSF's fiscal year 2021 Current Plan, American Rescue Plan, and
    fiscal year 2022 request support funding for COVID recovery, including
    support for individuals and institutions disproportionately affected by
    the impacts of the pandemic. For example, in the Directorate for
    Education and Human Resources, home to programs focusing on HBCUs,
    Tribal Colleges, and Hispanic Serving Institutions, funding is
    available to support postdoctoral scholars, community colleges, and
    research focused on racial equity. Funding opportunities for post-docs
    and other new investigators have been created or augmented in several
    other research domains such as computer science, ocean science, polar
    science, mathematical and physical sciences, and engineering.
        Faculty members with young families were one of the groups whose
    work was adversely affected by the pandemic. In response, NSF issued a
    Dear Colleague Letter \2\ that expanded the availability of support for
    Career Life Balance supplements to all research personnel on any
    research grant. In addition, during the course of the pandemic,
    proposal deadlines \3\ for over 30 funding opportunities were delayed
    to provide potential principal investigators with additional time to
    prepare proposals.
    ---------------------------------------------------------------------------
        \2\ www.nsf.gov/pubs/2021/nsf21021/nsf21021.jsp
        \3\ www.nsf.gov/bfa/dias/policy/covid19/covid19_deadlines.pdf
    ---------------------------------------------------------------------------
        As NSF continues to monitor the situation among our varied
    communities, we stand ready to respond to ongoing COVID-19 related
    impacts by using funding from the fiscal year 2022 Request to increase
    investments in STEM education, EPSCoR states, community colleges, and
    MSIs, using established programs across the Foundation. Additionally,
    funding within the fiscal year 2022 Request serves to:

      --Expand research on the biology, ecology, and evolution of
            infectious diseases through investment in projects that advance
            understanding of the origins of emerging infectious diseases
            and their transmission, and the biotechnologies needed for
            detection and intervention;
      --Initiate new funding opportunities to support development of
            predictive intelligence for pandemic prevention by leveraging
            convergent approaches across scientific disciplines; and
      --Increase understanding of social factors for pandemic prevention
            through investment in foundational research in social,
            behavioral, and economic impacts of pandemics, including
            improved public understanding, international collaborations to
            hasten recovery, and research that improves operations and
            logistics of pandemic-related supply networks and vaccine
            distribution.

        Question 2b. The pandemic also caused delays in the STEM pipeline
    for those researchers where their graduate and postdocs were
    interrupted, or those that had to pause their work to take care of
    loved ones during the pandemic. Through the American Rescue Plan,
    Congress provided $600 million through NSF to support researchers. The
    agency is also setting aside some additional money within the regular
    fiscal year 2021 appropriation. Could you explain what NSF is doing to
    help the scientific community respond to the pandemic, including
    ensuring we do not lose this talent?

        Answer. ARP funding is complemented by over $350 million
    prioritized for COVID-related impacts in the fiscal year 2021 Current
    Plan. The Nation's research communities have been hard hit by COVID
    with research plans jeopardized and training for the next generation of
    STEM leaders put in limbo.
        Through listening sessions and community outreach we know that the
    need for support exceeds the $950 million in total that NSF will invest
    in fiscal year 2021. The STEM communities, particularly those
    institutions and individuals disproportionately affected, require NSF's
    focused support in order to regain their momentum and to lessen the
    long-term effects of COVID on their research and education plans. This
    will allow the Nation's basic research community to emerge from the
    epidemic intact and move forward. Examples of how this funding is being
    deployed include supplements to existing research awards and
    dissertation grants; added support for long-standing workforce programs
    such as NSF Research Traineeships; expanded opportunities for
    fellowships; and support for early to mid-career transitions such as
    those funded through the CAREER program.
        NSF will continue this focused effort in fiscal year 2022. As noted
    above, NSF continues to monitor the situation among our varied
    communities, we stand ready to respond to ongoing COVID-19 related
    impacts by using funding from the fiscal year 2022 request to increase
    investments in STEM education, EPSCoR States, community colleges, and
    MSIs, using established programs across the Foundation. Additionally,
    funding within the fiscal year 2022 request serves to:

      --Expand research on the biology, ecology, and evolution of
            infectious diseases through investment in projects that advance
            understanding of the origins of emerging infectious diseases
            and their transmission, and the biotechnologies needed for
            detection and intervention;
      --Initiate new funding opportunities to support development of
            predictive intelligence for pandemic prevention by leveraging
            convergent approaches across scientific disciplines; and
      --Increase understanding of social factors for pandemic prevention
            through investment in foundational research in social,
            behavioral, and economic impacts of pandemics, including
            improved public understanding, international collaborations to
            hasten recovery, and research that improves operations and
            logistics of pandemic-related supply networks and vaccine
            distribution.

        Question 2c. Studies have shown that the pandemic has
    disproportionately affected women scientists, particularly those with
    young children. One survey published in the scientific journal Nature
    Human Behavior found that scientists with at least one child 5 years
    old or younger experienced a 17 percent larger decline in research time
    than scientists without children. How does NSF plan to support
    scientists, many who are early in their careers, who have been
    significantly impacted by the COVID-19 pandemic?

        Answer. Thank you for drawing attention to the Nature Human
    Behavior study, Unequal effects of the COVID-19 pandemic on scientists,
    which was in part supported by NSF. Subsequently, the National
    Academies released, The Impact of COVID-19 on the Careers of Women in
    Academic Science, Engineering, and Medicine.\4\ This report includes
    additional information about the disproportionate impacts of the
    pandemic on women scientists.
    ---------------------------------------------------------------------------
        \4\ www.nap.edu/resource/26061/ReportHighlights_WomenCOVID-
    19_FINAL.pdf
    ---------------------------------------------------------------------------
        Soon after the pandemic began, NSF took several important steps.
    First, we called for RAPID research proposals to not only understand
    the spread of COVID-19 but to study its effects. NSF has funded RAPID
    research awards on topics such as supporting remote work using
    technology, documenting the effects on family life, studying inequities
    in how different households have been affected, and building resilience
    to stress during the pandemic. Looking across the scientific and
    education communities, NSF has supported RAPIDs relating to higher
    education faculty and K-12 teachers, and students ranging from graduate
    school to undergraduate to community college to K-12. Many of these
    RAPID projects are still under way, but we expect to learn from these
    projects and build preparation and resilience for the Nation.
        At NSF we know that the pandemic affected the researchers, and the
    students, we support. We also know that health, safety, and family are
    priorities above all. As the pandemic began, we were flexible with
    proposal submission dates. We have allowed flexibility in spending and
    budgeting as plans changed during the pandemic. When possible, we have
    been able to make supplements to awards, to keep projects going and
    responding to requirement changes. These actions could not eliminate
    the effects of the pandemic on the scientific and educational
    communities, but they have given individuals some more control over the
    timing of their projects and in some cases bring in additional support.
    These efforts are intended to help our communities succeed.
        In a recently updated Dear Colleague Letter (DCL) NSF 21-021,\5\
    NSF offered Career-Life Balance support to those who are confronted
    with a short-term increase in dependent care responsibilities, to
    ensure that the research activities supported by an NSF award can
    continue. These additional funds are available to support work by
    scientific faculty and project staff, postdoctoral scholars, and
    graduate students. This support will not eliminate the effects of the
    pandemic but should help to mitigate some of the most severe
    inequities.
    ---------------------------------------------------------------------------
        \5\ www.nsf.gov/pubs/2021/nsf21021/nsf21021.jsp
    ---------------------------------------------------------------------------
        NSF supports the advancement of women in their academic careers
    through several programs. One example is the NSF ADVANCE:
    Organizational Change for Gender Equity in STEM Academic Progressions
    program (NSF 20-554).\6\ NSF ADVANCE emphasizes that individuals cannot
    be defined by a single identity or factor (e.g., gender), and projects
    now focus on multi-factors or identities (e.g., gender, race/ethnicity,
    et.al.) or intersectionality, as they address systemic change and
    gender equity work in academic environments.
    ---------------------------------------------------------------------------
        \6\ www.nsf.gov/pubs/2020/nsf20554/nsf20554.htm
    ---------------------------------------------------------------------------
        In addition, NSF has a suite of programs that support postdoctoral
    scholars in several disciplines, including Astronomy and Astrophysics
    (NSF 18-574),\7\ Biology (NSF 20-602),\8\ Geosciences (NSF 18-565),\9\
    and Mathematical and Physical Sciences (20-573).\10\ Additionally, in
    response to COVID-19 the Directorate for Education and Human Resources
    released a DCL (21-066) \11\ for supplemental support for STEM
    education postdoctoral researcher affected by the pandemic.
    ---------------------------------------------------------------------------
        \7\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=5291
        \8\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=503622
        \9\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=503144
        \10\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=505879
        \11\ www.nsf.gov/pubs/2021/nsf21066/nsf21066.jsp
    ---------------------------------------------------------------------------
        As we emerge from the pandemic with hope, across all of NSF is
    looking for additional ways to strengthen our support of early career
    faculty and those who are at vulnerable career stages and have been
    disproportionately affected by the pandemic. I can assure you that this
    is at the highest level of priority for NSF.

        Question 2d. Could you discuss any additional needs that the agency
    lacks the resources to cover, especially any delays to construction of
    major NSF facilities due to COVID-19?

        Answer. NSF has carefully monitored the impacts of COVID-19 on the
    progress of its major facilities under construction. There are delays
    and consequent cost increases to all facilities under construction
    because of travel restrictions, social distancing and quarantines, and
    supply-chain issues. NSF has described the specific impacts on both
    facilities under construction and those in operations in periodic
    reports (recently transitioned from biweekly to monthly) that have been
    submitted to congressional staff. A copy of the most recent report is
    attached.
        Near-term cost increases to major facilities under construction
    have been covered by reprogramming funds between projects within the
    Major Research Equipment and Facilities Construction (MREFC) account
    and by funds made available through the American Rescue Plan Act (ARP).
    Cost increases in fiscal year 2022 are reflected in the NSF budget
    requests, and future budgets will reflect the results of additional
    analysis on cost impacts to major facilities.
        NSF identified additional materials and activities required to
    allow for uninterrupted operations during the pandemic. NSF was
    provided funds in fiscal year 2020 via the CARES Act and ARP in fiscal
    year 2021. NSF's pandemic-related needs for operations were covered by
    these two Acts.

                                  ATTACHMENT 1

                NSF Major Facility COVID-19 Status--May 5, 2021
    Entries with significant changes in the past few weeks are bracketed
    with bold brackets (ex: [ ]).
                          operations stage facilities
    BIO
      --National Ecological Observatory Network: [As of May 3, 2021, 16 of
            18 Domain Support Facilities (DSFs) and 71 of 81 field sites
            were in full operation, with two DSFs (covering three domains)
            and nine field sites in limited operation. One field site
            remains closed. The DSF and five field sites in the mid-
            Atlantic region went from open to limited operation and back to
            open during the month of April. Limited operation of Airborne
            Observation Platforms resumed at the end of March 2021, under
            strict COVID-19 safety precautions.]
    ENG
      --Natural Hazards Engineering Research Infrastructure (NHERI): NHERI
            is a mix of (1) staff continuing to work remotely and (2)
            operations by the experimental and field labs with restricted
            staff/user access and institutional EH&S/COVID-19 restrictions.
            User workshops are being conducted online. Shake table upgrade
            work at UCSD is proceeding under social distancing; delay in
            completion to about October 2021 is anticipated due to COVID-19
            and hardware issues.
    GEO
      --Academic Research Fleet: Operations continue under COVID-19
            protocols. [Seventeen of the 18 vessels have been in operation
            in the last month.]
      --Antarctic logistics: Access to McMurdo Station and South Pole
            Station has closed for the season; both are in winter status.
            ``Air bridge'' cargo flights to McMurdo concluded before the
            closure. [The Palmer Station winter-over crew sailed from Chile
            on May 1, 2021, with a crew exchange planned to conclude this
            month.] Industry Day for the recompetition of the Antarctic
            Support Contract was held on February 16, 2021.
      --Geodetic facility for Advancement of Geosciences (GAGE): Data
            flowing, most staff teleworking. Summer internships are
            currently being planned as a mix of virtual and in person.
      --IceCube: Two winter-over IceCube technicians are in place at South
            Pole. Operations continue. Computing infrastructure is
            supported at Wisconsin, with some in-person work resumed. The
            upgrade project is in hiatus.
      --International Ocean Discovery Program: [A JOIDES Resolution
            engineering cruise began on April 15, 2021. The next science
            expedition is now expected no sooner than August 2021.]
      --National Center for Atmospheric Research (NCAR): Aircraft field
            campaigns deferred or canceled. [Completion of the new aviation
            facility at Broomfield has been delayed primarily due to
            challenges in obtaining final inspections from the county;
            occupancy is now expected in approximately July 2021.] The
            Wyoming supercomputer center is part of National COVID-19
            Computing Consortium. NCAR facilities remain closed to the
            public with most of the staff teleworking. Many planned field
            campaigns are being deferred further into 2022 and 2023 because
            of ongoing travel restrictions. Most internships, fellowships,
            and workshops have moved on-line.
      --Ocean Observatories Initiative (OOI): Servicing cruises for all OOI
            arrays have been concluded after resumption during the summer
            of 2020. Repair of a fault in the Southern Line of the Regional
            Cabled Array is likely to occur in summer 2021.
      --Seismological facility for Advancement of Geosciences (SAGE): Data
            flowing, all staff teleworking. Removal of the Alaska
            Transportable Array is expected to be possible in summer 2021,
            with data flow continuing until September 30, 2021 for those
            stations that have not yet been removed.
    MPS
      --Arecibo Observatory: The Arecibo 305-m telescope platform collapsed
            due to cable failure on December 1, 2020. Post-hurricane (2017)
            repairs to other portions of the Observatory are being
            expedited as safety permits during the 305-m cleanup process.
      --Center for High-Energy X-ray Sciences (CHEXS) at Cornell High-
            Energy Synchrotron Source (CHESS): User experiments on all
            beamlines resumed in late September 2020, with 100 percent
            remote users. After a normal (non-COVID-related) maintenance
            period, remote beamline runs resumed on January 20, 2021.
      --Green Bank Observatory: All public activities, meetings, and
            conferences halted. Science operations continue.
      --Large Hadron Collider (LHC): [CERN continues to request that
            employees and visitors (including NSF-funded researchers)
            telework full time if possible. CERN has implemented measures
            to reduce on-site vulnerability to infection so that essential
            work can continue. At the end of April 2021, CERN reported that
            plans for resuming accelerator operation in 2022 are unchanged,
            with beam circulation beginning in February 2022.]
            Collaborations in the U.S. work under the constraints of
            individual university policies. See High-Luminosity LHC below.
      --Laser Interferometer Gravitational-wave Observatory (LIGO): LIGO is
            now in scheduled maintenance/upgrade time. The fourth
            observation session (O4) is now projected to begin no earlier
            than June 2022.
      --National High Magnetic Field Laboratory (NHMFL): Some user
            experiments resumed on June 15, 2020. [At present, labs at all
            three sites (Florida State, U. Florida, and Los Alamos National
            Laboratory) are operational, with precautions, and a number of
            staff are still working remotely. NHMFL user experiments
            continue, but with few or no visitors; visitor numbers are
            expected to increase gradually over the summer.]
      --NSF's National Optical-infrared Astronomy Research Laboratory
            (NOIRLab): Primarily in telework status. All public activities
            ceased. The Gemini North and South telescopes resumed night-
            time operations in May and October 2020, respectively.
            Nighttime science operations and instrument commissioning with
            4-meter-class telescopes resumed in October and November 2020.
            [The COVID-19 lockdown in and around the base operations area
            in La Serena, Chile has been partially lifted;] night-time
            operations of telescopes in Chile continue.
      --National Radio Astronomy Observatory: All public activities,
            meetings, and conferences halted. Very Large Array and Very
            Long Baseline Array science operations are continuing. The
            Atacama Large Millimeter/submillimeter Array (ALMA) in Chile
            resumed scientific observations on March 17, 2021 after a 1-
            year outage. [A scheduled ALMA move to more extended array
            configurations has been deferred until at least May 2021
            because of COVID-19 conditions in Chile.]
      --National Solar Observatory (NSO): Primarily telework with some
            staff allowed on site for high-priority activities, with
            observatory management approval. GONG synoptic solar
            observations continue. Observations with the Dunn Solar
            Telescope, now being operated by New Mexico State University,
            were halted for a short period in mid-November 2020 due to
            COVID-19 restrictions; those observations have now resumed. See
            below for DKIST construction.
      --National Superconducting Cyclotron Laboratory: Limited user
            operations restarted on June 9, 2020, with strict social
            distancing guidelines. [Operations were halted for maintenance
            in November 2020 and resumed in April 2021, with the full user
            program scheduled to resume on May 12, 2021.] Construction on
            the DOE Facility for Rare Isotope Beams continues.
                         construction stage facilities
      --Antarctic Infrastructure Modernization for Science (AIMS):
            Logistics challenges are expected for upcoming procurements. No
            AIMS work on-ice occurred during the 2020/2021 season. [COVID-
            19 limitations also will preclude on-ice construction work in
            the 2021/2022 season.]
      --Daniel K. Inouye Solar Telescope (DKIST): High-priority
            construction activities have resumed on site, with workforce
            split into two overlapping shifts of approximately 35 workers
            per shift to reduce worker density. Scientists from the
            continental U.S. have begun to travel to Hawaii to integrate
            and commission instruments, depending on restrictions by Hawaii
            and their home institutions.
      --High-Luminosity Large Hadron Collider: ATLAS and CMS re-organized
            work plans to focus on tasks that can be carried out remotely.
            Lab and shop spaces at U.S. universities contributing to the
            NSF-funded program are being utilized under COVID-19
            restrictions.
      --Regional Class Research Vessels: Work on vessel construction at the
            shipyard continues under social-distancing guidelines.
      --Vera C. Rubin Observatory: Construction operations on site halted
            in March 2020. A slow ramp-up of summit activity began on
            September 28, 2020, currently with about 60 project personnel
            and contractors working on site under COVID-19 safety
            protocols. The telescope dome is substantially closed. Work on
            the telescope mount assembly has ramped back up, but is
            hampered by the inability of contract workers to travel to
            Chile under current COVID conditions. COVID-19 conditions in
            Chile, and especially in the La Serena area, are causing some
            activities to be delayed. Data management development continues
            with remote workforce.
                                 post covid-19
        All facilities have been impacted in some way and most are
    executing multi-phase restoration programs that depend on local COVID-
    19 conditions. Costs and delays for construction project completion
    depend on the lengths of project suspensions or slowdowns. Project re-
    baselining will be needed to formalize revised costs and schedules as
    the duration and severity of COVID19 impacts evolves.
                               nsf epscor program
        Question 3. The NSF EPSCoR program is instrumental to building
    capacity in States around the country, including my home State of New
    Hampshire. However, equally important is making sure EPSCoR States are
    well-represented in NSF's signature large-scale programs, such as the
    Science and Technology Centers, Engineering Research Centers, Mid-Scale
    Infrastructure, and A.I. Institutes, among others. We cannot build true
    capacity if these States are only small players in NSF's signature
    advanced research programs. How do you plan to ensure progress is made
    with more EPSCoR State universities leading these large-scale projects,
    not just participating?

        Answer. An output of EPSCoR achieving its goal will be to see more
    institutions in EPSCoR jurisdictions leading large-scale research
    projects. As such, NSF EPSCoR is committed to continuing its three main
    investment strategies, which help strengthen STEM capacity and
    capability across all of its participating jurisdictions:

      --Research Infrastructure Improvement (RII), which funds awards
            supporting physical, human, and cyberinfrastructure
            development;
      --Co-funding in partnership with NSF directorates and offices that
            support individual investigators and groups within EPSCoR
            jurisdictions that would not be funded without combined,
            leveraged support from EPSCoR; and
      --Outreach, Conferences, and Workshops that bring EPSCoR jurisdiction
            investigators together with program staff from across the
            Foundation to explore opportunities in emerging areas of
            science and engineering aligned with NSF strategic priorities
            and with jurisdictional science and technology (S&T) goals.

        For example, through the EPSCoR Co-funding strategy and during the
    past few years, higher levels of co-funding for Center-scale projects
    have been prioritized. EPSCoR has worked with the Mid-scale RI-1
    Working Group to increase the number of competitive proposals from
    EPSCoR jurisdictions. EPSCoR aims to increase co-funding in other areas
    aligned with NSF's priorities, including future manufacturing,
    artificial intelligence, and quantum engineering.
        Through NSF's EPSCoR outreach activities to EPSCoR jurisdictions,
    NSF is able to increase awareness of its funding opportunities
    including larger-scale programs that align with a jurisdiction's S&T
    plan. By effectively leveraging capacity built through prior NSF EPSCoR
    investments, institutions in EPSCoR jurisdictions should be able to
    submit more competitive proposals in which that institution is lead.
    NSF's commitment to the EPSCoR goals will ensure that EPSCoR-based lead
    institutions partnering with institutions in non-EPSCoR jurisdictions
    will receive meaningful benefits to further enhance competitiveness
    within a jurisdiction and institution.
                          new major research projects
        Question 4a. While we do not have the details for the fiscal year
    2022 request yet, I'm concerned that in recent budget requests, NSF has
    not proposed new major research projects. With the National Academy of
    Sciences likely releasing the Astronomy and Astrophysics Decadal Survey
    later this year, I expect that we'll see a suggested plan for future
    astronomy investments. But, it's difficult for Congress to quickly ramp
    up and down funding to accommodate large requests.
        What are the major new facilities investments that you see coming?

        Answer. NSF shares your anticipation of the release of the
    Astronomy and Astrophysics Decadal Survey. While we are not privy to
    the results, previous surveys have informed NSF in establishing
    priorities for new instrumentation and facility investments, including
    the Atacama Large Millimeter/submillimeter Array and Karl G. Jansky
    Very Large Array (VLA) radio astronomy facilities, and the Vera C.
    Rubin Observatory, currently under construction. NSF has active awards
    supporting early development of an extremely large optical/infrared
    telescope, the next generation VLA, and the Cosmic Microwave Background
    Stage 4 experiment, any of which may be identified as priorities in the
    Decadal Survey. Future NSF budget requests in this area will rely
    strongly on the community prioritization from the Decadal Survey, which
    is expected to be released in Summer 2021.
        A future construction project must progress through a formal design
    stage to reach a level of readiness where NSF can feel confident that
    the project is mature enough that it can be proposed for construction,
    and where the cost is well-enough defined for NSF and the National
    Science Board to consider a funding request to Congress and a
    subsequent construction award. At present, NSF has one potential major
    facility project in the design stage. That project is the Leadership
    Class Computing Facility; if constructed, it is expected to support a
    computing system with an approximately ten-fold time-to-solution
    performance improvement over Frontera, the current NSF leadership
    system.
        Other projects are in the development stage within individual NSF
    divisions and directorates but have not yet reached the technical and
    programmatic readiness for admission to the design stage. Those
    projects include several of the candidate astronomy projects mentioned
    above, research vessels such as a state-of-the-art Antarctic research
    vessel and a next-generation ocean drilling platform, and a new-
    technology superconducting magnet.

        Question 4b. Often times, as newer facilities come online, the
    legacy facilities are still critical for fundamental scientific
    research purposes, so it's important to maintain their operations. How
    does NSF balance paying for the new facilities while maintaining
    operations at the legacy facilities?

        Answer. In contrast to space-based facilities that usually have a
    relatively short lifetime, NSF's ground-based scientific research
    facilities typically have productive scientific lifetimes in the range
    of 30 to 50 years. Furthermore, new facilities enabling research at the
    scientific frontier tend to be more costly to operate than those that
    were constructed half a century ago. Therefore, the integrated
    operations cost of an NSF facility over its full life cycle is
    typically much higher than the capital cost for construction.
        NSF strives to maintain a balance in which it does not start so
    many new facilities in the near term that it risks the ability to
    support a broad portfolio of research, both facility-based and
    independent of facilities, 10-30 years in the future. Of necessity,
    this requires making assumptions about future appropriation levels and
    national priorities, which may change over periods shorter than the
    time scale to develop, design, construct, and bring into operation a
    new facility. NSF makes use of studies by the National Academies of
    Science, Engineering, and Medicine, as well as portfolio reviews
    carried out by other advisory committees operating under the Federal
    Advisory Committee Act, to prioritize the science that can be carried
    out by both new and legacy facilities. NSF leadership also works
    closely with the National Science Board in assessing strategic
    priorities across the agency and weighing the science return enabled by
    new facilities with the opportunity cost of committing to long-term
    operations of those facilities.
        A key element of NSF's decision process is the philosophy that NSF
    should focus on world-leading facilities that are on a scale where
    Federal investment and engagement are necessary to bring those
    facilities to successful operation. Older facilities that may no longer
    be world-leading, that may no longer be strategic scientific
    priorities, or that serve limited scientific communities, are prime
    candidates for divestment from the NSF budget in order to make room for
    newer research infrastructure.
                     new facility transition funding pilot
        Question 5. Historically, as NSF transitions new facility projects
    from construction to operations, the cost of operating the facilities
    falls directly on the science directorates, which cuts into available
    R&D funding. In fiscal year 2020, the Committee funded a pilot project
    to cover the operations costs of newly completed facilities to give the
    research directorates time to absorb the increased costs into their own
    budgets. The Daniel K. Inouye Solar Telescope was the first project to
    use this transition funding. What has NSF learned from this pilot
    project, and previous examples, and what do you see as the future of
    transitioning these facilities from the MREFC account to the
    directorates?

        Answer. In the report accompanying the fiscal year 2021
    Appropriations Bill, Congress requested a report on the NSF response to
    the 2018 National Science Board Report on Operations and Maintenance of
    NSF Major Facilities, including an assessment of the Facility Operation
    Transition pilot project. That report has just been completed and was
    delivered separately. Briefly, NSF has learned that it is
    straightforward to assign a portion of the funds from the Facility
    Operations Transition pilot to appropriate facilities that have
    recently moved into operations, and there are no showstoppers to
    executing this type of program. NSF is assessing various options for
    providing a level of funding assurance for the operating facilities
    while still remaining flexible enough to respond to differing
    priorities and appropriation levels in the intervening time period.
                                arctic research
        Question 6. In 2016, NSF unveiled a set of ``Big Ideas,'' 10 bold,
    long-term research and process ideas that identify areas for future
    investment at the frontiers of science and engineering. One of these
    Big Ideas is ``Navigating a New Arctic.'' With Arctic temperatures
    warming faster than nearly everywhere else on Earth, some climate
    models project that continued warming could produce an ice-free Arctic
    Ocean in a few decades. These changes offer new opportunities and
    unprecedented risks to the region. Navigating the New Arctic is an
    important program, especially for New Hampshire where we're already
    seeing the impacts of climate change firsthand, including
    infrastructure affected by rising sea levels and flooding during high
    tides. Can you describe NSF's plans for expanding Arctic research in
    fiscal year 2022 and beyond?

        Answer. The Navigating the New Arctic (NNA) Big Idea funds research
    into the opportunities and risks to natural systems; social and
    cultural systems; economic, political, and legal systems; and built
    environments around the world by supporting convergence research needed
    to inform the economy, security, and resilience of the Nation, the
    larger region, and the globe. NSF's NNA activities in fiscal year 2022
    will focus on enabling advances in priority areas, which will be
    developed by building on outcomes from fiscal year 2017 to fiscal year
    2021 activities. Recently, NSF issued a revised NNA solicitation (NSF
    21-524, fiscal year 2021) that focuses on convergent social/built/
    natural-environment systems science; advances in observation,
    communication, computation, and data systems; and community-
    coordination activities. This solicitation added a new `Collaboratory'
    track (in addition to our primary `Planning' and `Research' tracks) for
    proposal submissions. Collaboratory Grants submitted to NNA will
    support the cultivation of long-term ideas, collaborations, research,
    synthesis, and investment in the future of convergence science in and
    regarding Arctic change. These awards will support the research
    community to build new teams and pursue creative and ambitious projects
    that may not fit into the NNA Planning or Research grant tracks.
        The NNA solicitation that NSF expects to issue in fiscal year 2022,
    will also leverage the fiscal year 2020 multi-year cooperative
    agreement award creating the NNA Community Office. This collaboration
    with three offices (Alaska Pacific University, the University of Alaska
    Fairbanks, and the University of Colorado Boulder) will support
    coordination among NNA projects; build and strengthen relationships
    between NNA researchers and Arctic residents; and coordinate effective
    knowledge dissemination, education, and outreach related to NNA and
    convergence research in the Arctic. In fiscal year 2022, NSF also
    expects to build on a recently released Dear Colleague Letter titled,
    ``Update on NSF's Efforts to Improve the Inclusion of Local and
    Indigenous Voices in Arctic Research'' with an accompanying website
    (nsf.gov/ace) that summarizes efforts made and available resources on
    broadening participation and inclusion of Indigenous peoples in Arctic
    research.
        In addition to the NNA program, NSF, through the Office of Polar
    Programs' Arctic Sciences Section, invests in research about the Arctic
    region and its connectivity with lower latitudes. This program
    portfolio funds research proposals that advance a fundamental, process,
    and/or systems-level understanding of the Arctic's rapidly changing
    natural environment, social and cultural systems, and, where
    appropriate, to improve our capacity to project future change. OPP also
    funds Arctic logistical infrastructure and field support capabilities
    that are available to enable research projects that require field
    support at sea, in Alaska, Greenland, and other international
    locations. The OPP Arctic Sciences Section released a new solicitation,
    without deadlines, in fiscal year 2021 (21-526) \12\ seeking full
    proposals in Arctic Natural Sciences, Arctic Social Sciences, Arctic
    System Science, Arctic Observing Network, Arctic Cyberinfrastructure,
    and Arctic Research and Policy Support.
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    pub_summ.jsp?WT.z_pims_id=5521&ods_key=nsf21526
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        NSF will continue to coordinate and leverage both its core Arctic
    Sciences programs and NNA-related activities with external
    stakeholders, including other Federal agencies through the Interagency
    Arctic Research Policy Committee (IARPC) chaired by the NSF Director;
    local residents and Indigenous peoples through State and local
    governance structures of Alaska; and international partners through
    forums such as the biannual International Arctic Science Ministerial.
                                     ______

                   Questions Submitted by Senator Jerry Moran
                          proposed nsf budget increase
        Question 1a. Of the proposed increases for the National Science
    Foundation, $1.6 billion is indicated to be for fundamental research
    and $100 million for increasing participation. This accounts for the
    total amount of the proposed budget increase for NSF.
        Can you please explain how is NSF proposing to fund an entirely new
    directorate and its associated activities?

        Answer. Funding ($864.87 million) for the new Directorate for
    Technology, Innovation, and Partnerships (TIP) is built into NSF's
    fiscal year 2022 budget request. TIP will be organizationally
    structured to house three divisions (Technology Frontiers, Innovation
    Ecosystem, and Translational Impact) and one office (Partnerships). The
    fiscal year 2022 budget request describes repositioning a set of
    existing programs focused on cultivating innovation ecosystems and
    creating pathways for the translation of research solutions to
    practice; these investments total $364.87 million. In addition, new
    research funding for TIP ($500.0 million) is provided within the
    proposed budget increase for NSF to advance the mission of the
    directorate. The President's budget request for fiscal year 2022 for
    NSF includes additional details about planned activities and
    investments through the new directorate.

        Question 1b. Does NSF have adequate resources and personnel to
    stand up the new directorate?

        Answer. The fiscal year 2022 request to Congress includes adequate
    resources and personnel to stand up the new directorate at the funding
    level specified in the Request. Specifically, the Request includes an
    increase in the Agency Operations and Awards Management account as well
    as 100 additional FTEs to support activities across the agency,
    including activities and FTEs required to stand up the new directorate.
                     artificial intelligence (ai) research
        Question 2a. The Congress has been supportive of Artificial
    Intelligence (AI) research, and proposals from the Administration and
    legislation proposed by the Congress also identify AI as a priority.
    This area of national importance was further highlighted in the recent
    report of the National Security Commission on Artificial Intelligence.
    The country that can harness the power of this computing capability
    will have an economic and national security advantage that we cannot
    afford to fall behind on.
        How does NSF perceive the importance of AI funding and NSF's role
    in maintaining the country's leadership in this important area of
    research?

        Answer. AI is advancing rapidly and holds the potential to vastly
    transform our lives. NSF has a long and rich history of supporting AI
    research, setting the stage for today's widespread use of AI
    technologies in a range of sectors, from e-commerce to healthcare to
    transportation. NSF's significant investments in foundational and use-
    inspired AI research over the last several decades have enhanced our
    Nation's economic competitiveness and national security in direct
    alignment with NSF's mission, all the while giving rise to
    fundamentally new research directions and opportunities for the future.
        Current NSF-funded research is laying the seeds for advances in AI
    that will transform essentially every area of human endeavor, including
    science, education, energy, manufacturing, and agriculture, in the
    years ahead. Cross-cutting these areas are investments in trustworthy
    AI, and the ethics and safety of AI systems that are central to the
    field overall. NSF's ability to bring together numerous fields of
    scientific inquiry uniquely positions the agency to lead the Nation in
    expanding the frontiers of AI.
        Through collaboration and coordination with the Office of Science
    and Technology Policy, NSF leadership is helping to drive and
    coordinate AI R&D efforts across the Federal Government. For example,
    the NSF Director co-chairs the National Science and Technology
    Council's Select Committee on AI, which advises the White House on
    interagency AI R&D priorities and establishes structures to improve
    government planning and coordination. NSF leadership also co-chairs the
    Machine Learning and AI (MLAI) Subcommittee of the NSTC Committee on
    Science, which serves as the implementation arm for the Select
    Committee on AI.

        Question 2b. How will the priority of AI research be reflected in
    the fiscal year 2022 budget request?

        Answer. NSF supports fundamental research, education and workforce
    development, and access to data and advanced computing research
    infrastructure that collectively enhance AI. In particular, NSF's AI
    portfolio spans AI algorithms, robotics, human-AI interaction, and
    advanced hardware and systems for AI, as well as use-inspired research
    in computational neuroscience, computational biology, and many other
    disciplines across the full breadth of science and engineering in which
    NSF invests.
        In the fiscal year 2022 Request, AI funding totals $734.41 million,
    which includes $69.11 million in for the National AI Research
    Institutes. NSF will continue support for foundational research in AI,
    including machine learning (ML) and deep learning, natural language
    technologies, knowledge representation and reasoning, robotics, and
    computer vision, along with the fairness, accountability, transparency,
    explainability, safety, security, and robustness across all areas of
    AI. In addition to foundational research in these areas, NSF will
    continue to support translational research that links AI innovation
    with science and the economy, including agriculture, manufacturing,
    biotechnology, and health. Equally important NSF will continue to
    invest in education and learning to grow the human capital and
    institutional capacity needed to nurture the next generation of AI
    researchers and practitioners.
        NSF's budget request for fiscal year 2022 includes details about
    planned activities and investments in AI research, education, and
    infrastructure.
                              science and security
        Question 3. Please provide NSF's current efforts to combat the
    growing and evolving problem of foreign influence and how NSF balances
    the security of our research enterprise and the NSF's culture of
    openness in research and collaboration internationally?

        Answer. The National Science Foundation seeks to maintain a vibrant
    science and engineering community for the benefit of the Nation.
    Participation in this community relies on individuals to uphold core
    principles and values such as openness, transparency, reciprocity,
    collaboration, and integrity. In recognition of the issues of balance
    between security and the benefits of openness in research, NSF
    requested a detailed report on balance and risks from the JASON
    advisory group in 2019; that report has been used as important input
    for NSF in sustaining the appropriate balance and in educating our
    academic science and engineering community about security risks.
    However, open scientific exchange and research face a challenge from
    some foreign governments. These governments deliberately disregard
    these core principles and incentivize participants to acquire U.S.
    funded scientific research and provide this information to the foreign
    government. These foreign government efforts target scientists,
    engineers, and educators of all nationalities working or educated in
    the United States.
        Over the past 3 years, NSF has taken steps to mitigate threats
    posed by foreign government talent recruitment programs. NSF focuses on
    the following risks to its funded research from foreign government
    interference:

      --Conflicts of interest and commitment;
      --Undisclosed research duplication and researcher commitments to
            research entities outside their U.S. employer;
      --Compromises to the merit review system; and
      --Unauthorized use of pre-publication data and information.

        Foreign Government Talent Recruitment Program Prohibition for NSF
    Staff: In July 2019, NSF issued a policy \13\ prohibiting NSF personnel
    and rotators such as Intergovernmental Personnel Act personnel (IPAs)
    detailed to NSF from participating in foreign government talent
    recruitment programs. This policy helps prevent inappropriate foreign
    influence on NSF personnel.
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        Establishment of the Chief of Research Security Strategy and Policy
    (CRSSP) Position and Leadership Teams: NSF has reprogrammed existing
    resources to mitigate risks to research security. Specifically, NSF
    created and filled the first-in-government position of CRSSP in March
    2020--a leadership position which reports to the NSF Director--and the
    position of CRSSP Chief Data Officer in September 2020.
        Internal Communication and Training: CRSSP and relevant offices
    have set up an ``NSF Research Protection Group'' email alias to receive
    and respond to questions from within NSF on issues such as post-award
    information disclosure and other issues such as how to respond to a
    PI's request for extended leave to work for a foreign company.
        In March 2020, NSF released mandatory training for all NSF
    personnel on science and security. In summer 2021, NSF will release a
    second phase of training aimed at staff in positions such as program
    directors and grants officials that directly communicate with recipient
    organizations and principal investigators.
        Outreach to and Training for the Academic Community: To increase
    awareness of the risks and compliance with NSF's policies and
    procedures, NSF participated in numerous meetings and conferences for
    the domestic and international research community.
        NSF and NIH co-chair the Research Security Education and Training
    Working Group that is part of the National Counter-Intelligence Task
    Force on Research Security. Through this effort, NSF is coordinating
    with interagency partners to develop research security training for the
    research community.
        Strengthening Disclosure Requirements and Processes: As part of its
    revision to the Proposal & Award Policies & Procedures Guide
    (PAPPG),\14\ NSF announced that use of an NSF-approved format will be
    required to be used by senior personnel in preparation of both the
    biographical sketch \15\ and current and pending support \16\ sections
    of the proposal. To streamline the process, NSF worked with the
    National Institutes of Health (NIH) to use SciENcv:Science Experts
    Network Curriculum Vitae \17\ as an NSF-approved format for both
    sections of the proposal.
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        Effective October 2020, NSF has implemented new policy for
    submission of postaward updates to current and pending support
    information. Additionally, in annual reports, researchers on NSF awards
    must now notify NSF when active other support has changed since the
    award was made or since the last reporting period. They must include a
    revised current and pending support document as part of this
    notification.
        As of October 5, 2020, NSF-funded major facilities must provide NSF
    with advance notification of potential collaboration with non-U.S.
    organizations or governments in connection with its NSF-funded award
    and must await guidance from NSF prior to negotiating terms of any
    potential agreement.
        Partnering with the Office of Inspector General (OIG): Following
    referrals by the OIG, NSF has recouped millions of taxpayer dollars
    through actions on awards given to institutions of higher education,
    and small businesses through NSF award suspension, government-wide
    suspension, and NSF award termination. NSF has taken additional actions
    such as removal of PIs from NSF awards and NSF debarment from serving
    as a reviewer, panelist, or consultant.
        Interagency Coordination: In recognition of the importance of
    working closely with the rest of the U.S. government, NSF participates
    in the Joint Committee on the Research Environment (JCORE) that was
    launched by the White House Office of Science and Technology Policy
    (OSTP) under the National Science and Technology Council in 2019. NSF
    co-chairs the JCORE subcommittee on research security, the group that
    brought science agencies and law enforcement together to develop the
    recommendations that served as the foundation for National Security
    Presidential Memorandum 33 \18\ and Recommended Practices for
    Strengthening the Security and Integrity of America's Science and
    Technology Research Enterprise.\19\
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    presidential-memorandum-united-states-government-supported-research-
    development-national-security-policy/
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        Promoting and Protecting International R&D Cooperation: NSF engaged
    with foreign allies and partners in bilateral and multilateral settings
    to promote policies and practices that increase awareness of risk to
    research security and improve cooperation on international protection
    and response efforts. NSF's messaging also underscored that
    international collaboration is essential to pursuing the frontiers of
    science.
        NSF will continue to work diligently to address the risks of
    foreign government interference in NSF-funded research so that our
    research community can continue to contribute to the U.S. economy and
    to U.S. security.
                     geographic diversity of award funding
        Question 4. NSF has historically had a concentration of a majority
    of its funds being awarded to a minority of States. There is no
    limitation on where good research ideas can emerge from and the demand
    for technically skilled workers can be found across the country. How
    will NSF's proposed budget, and its current research programs, improve
    geographic diversity and contribute to having a technically capable
    workforce across the Nation?

        Answer. NSF's mandate is to promote science nationwide. EPSCoR
    allows NSF to truly fulfil that duty, making sure that ``across the
    Nation'' means across all of the Nation, not just places fortunate
    enough to have extensive research infrastructure. EPSCoR enhances the
    research competitiveness of targeted jurisdictions (States,
    Territories, commonwealth) by strengthening STEM capacity and
    capability. To achieve this goal, EPSCoR aims to stimulate research
    that is fully competitive in NSF disciplinary and multidisciplinary
    research programs. These activities promote and catalyze STEM workforce
    development, broadening participation, and economic growth. Developing
    research capacity in participating institutions of all types and
    serving varied student populations is an integral part of EPSCoR's
    vision and mission.
        In addition to EPSCoR, NSF supports numerous activities to expand
    the U.S. STEM enterprise regardless of gender, race or ethnicity,
    geographic location, socioeconomic status, or physical capability.
    Examples of these activities include:

      --NSF's Advancing Informal STEM Learning (AISL) program supports STEM
            learning opportunities outside of schools, for example at local
            science museums and community centers. This program encourages
            projects based in rural communities. One recent AISL project
            based in New Hampshire established a network of more than 100
            rural libraries to support STEM learning in small towns across
            America.
      --NSF's Advanced Technological Education (ATE) program focuses on the
            education of technicians for the cutting-edge, high-technology
            fields that drive our nation's economy. These awards to
            community colleges, which are widely distributed throughout
            America, feature strong engagement with employers to educate
            science and engineering technicians for the good jobs of the
            future.
                      new directorate organizational model
        Question 5. It is being suggested that NSF treat the proposed
    Technology Directorate contained in the budget request as a DARPA like
    organization. Does the DARPA model fit within NSF and its longstanding
    history of peer reviewed science?

        Answer. The proposed directorate for technology, innovation, and
    partnerships will serve to accelerate use-inspired research. Past
    practice has shown the value in defining milestones and metrics for
    such research, and in additional oversight that tracks appropriate
    progress. NSF has experience with these approaches in specific programs
    and will look to build upon these going forward. In short, NSF views
    the new directorate not as a DARPA-like organization, but rather as a
    means to establish a new model for research and innovation
    advancement--one that enhances existing award and oversight approaches
    and pilots new ones in support of accelerating technology outcomes.
                    new directorate legislative authorities
        Question 6. There are proposals both in the Congress and from the
    Administration that propose to create a new technology directorate to
    fund a number of activities within NSF. They propose to enable
    partnerships, create new research centers, and fund graduate students.
    These are all activities NSF currently engages in, and has done so for
    decades. Does NSF need any new legislative authorities to implement the
    activities envisioned in the fiscal year 2022 budget request or the
    American Jobs Plan? If so, what are they?

        Answer. Congress provided NSF the authority to make this kind of
    change to its organizational structure. The agency greatly values our
    close relationships with the Congress and we look forward to working
    with you throughout the process as this proposal is considered.
                                     ______

                Questions Submitted by Senator Joe Manchin, III
                green bank observatory operations (gbo) planning
        Question 1. The fiscal year 2021 Omnibus shared the Appropriations
    Committee's support of NSF's effort to develop multi-agency plans at
    Green Bank and provides no less than the request level to support
    operations and maintenance at Green Bank through these plans or
    directly through NSF. What can you tell me about the agency's efforts
    to develop a multi-agency plans since this bill has passed? Can you
    provide me assurances that the fiscal year 2022 budget request will
    fully sustain the current operations of GBO and staff levels?

        Answer. The combined NSF and partner funding for fiscal year 2021
    will fully support GBO operations and maintenance. Partner
    contributions represent approximately 30-35 percent of the total
    operations budget of GBO. These contributions come mostly from non-
    Federal partners; however, NSF continues to work within both the
    Federal and non-Federal communities to develop new viable partnerships
    and collaborations. The recent proof-of-concept test of a GBO radar
    transmitter opens a new range of capabilities and potential partnership
    opportunities for GBO. The fiscal year 2022 budget request encompasses
    support for GBO telescope operations, maintenance, infrastructure
    upgrades, telescope management, as well as funds for education and
    public outreach.
    nsf's major infrastructure maintenance and upgrade processes, including
                                   green bank
        Question 2. The collapse of the Arecibo Observatory in Puerto Rico
    last year was shocking. I understand that a review is underway to
    determine what happened. Please explain to me the process NSF uses to
    determine maintenance and upgrade requirements for its science
    infrastructure. Is the NSF undertaking a review of its other major
    assets, including Green Bank, to ensure that another significant
    structural failure is avoided? How would you grade the infrastructure
    at Green Bank and what steps are you taking to ensure that it is
    upgraded in a timely fashion to ensure its continued contribution to
    science and competitiveness? What is in the fiscal year 2022 budget to
    upgrade and provide maintenance at Green Bank?

        Answer. Maintenance of the infrastructure at NSF's major facilities
    is an important responsibility of the awardees who operate the
    facilities, and the status of that maintenance is part of NSF's annual
    program plan reviews and renewal/competition decisions. As a result of
    the Arecibo platform collapse, NSF is undertaking a portfolio-wide
    review of how major facility conditions assessments are conducted and
    incorporated into the planning cycle, how they are reported to and
    evaluated by NSF, and subsequent steps that NSF takes based on those
    evaluations. This review could result in more standardized approaches
    across the major facility portfolio as well as changes to the award
    terms and conditions. NSF expects preliminary findings from this review
    in Q4 fiscal year 2021.
        The fiscal year 2022 budget request for GBO encompasses support for
    telescope operations, maintenance, infrastructure upgrades, telescope
    management, as well as funds for education and public outreach. GBO
    conducts regular inspections and maintenance of numerous components of
    its telescopes and site infrastructure. The Green Bank Telescope (GBT),
    dedicated in August 2000, undergoes periodic rigorous structural
    reviews; the last full structural inspection of GBT by an independent
    engineering firm was completed in 2018, and additional inspections are
    scheduled to be completed in 2021 and 2024. NSF-funded upgrades to the
    GBT are reviewed through the standard merit review process and are
    often driven by community priorities and strategic initiatives. For
    instance, in fiscal year 2020, NSF funded two upgrades (GBT Data
    Archive and a Cyclic Spectroscopy system) through the Windows on the
    Universe Big Idea that will keep the GBT competitive for multi-
    messenger astrophysics. Some upgrades to the GBT are externally funded,
    such as the recently tested radar transmitter system, developed as part
    of a cooperative research and development agreement between NRAO, GBO,
    and Raytheon Intelligence and Space.
                       green bank telescope capabilities
        Question 3. In November of 2020 at the Green Bank Observatory, the
    National Radio Astronomy Observatory (NRAO) collaborated on a proof-of-
    concept experiment to test the feasibility of adding a transmit
    capability to the Green Bank Telescope. A signal was sent by an
    experimental transmitter from Green Bank to the Apollo 15 landing site
    on the Moon. When the signal was received back on earth, a stunning
    image of that section of the moon emerged. What did we learn from the
    experiment? How can this new capability contribute to our study of the
    solar system and other observing requirements? What are the next steps,
    and is there funding the fiscal year 2022 budget to continue this work?

        Answer. The proof-of-concept test, developed as part of a
    cooperative research and development agreement between NRAO, GBO, and
    Raytheon Intelligence and Space, positively demonstrated the
    capabilities of a prototype modern GBT radar system transmitter and the
    10 VLBA antennas to function as a radar imaging system. This
    demonstration opens a range of new capabilities for both NRAO and the
    GBO and allows both to pursue new lines of research with potential
    applications for planetary astronomy and planetary defense. Leveraging
    lessons learned from the development and testing of the 700-watt
    transmitter, NRAO, GBO, and Raytheon are exploring options to develop a
    500-kilowatt system that could image objects in the Solar System with
    unprecedented detail and sensitivity.
                            apprenticeship programs
        Question 4. The United States needs a highly trained and skilled
    workforce to compete internationally--including highly trained
    machinists to build and maintain the large structural parts of our
    great observatories. In my State, Marshall University has partnered
    with the Green Bank Observatory to develop the skilled workforce needed
    to maintain operations of its numerous radio telescopes and other
    critical instruments at the facility. The Observatory's Mechanical
    Division has teamed with the Robert C. Byrd Institute (RCBI) at
    Marshall University to manufacture everything from large structural
    parts to small, high-precision receive components, all while providing
    the framework, support, and training to grow its own talent. Today,
    RCBI assists companies and organizations in 19 States to establish
    registered apprenticeship programs in manufacturing. In your view, what
    should we be doing to ensure we have a pipeline of young people in
    these fields? How can we expand or better support critical programs
    like the Apprentice Works initiative at the Robert C. Byrd Institute
    (RCBI) at Marshall University?
        In your view, what should we be doing to ensure we have a pipeline
    of young people in these fields?

        Answer. The Advanced Technological Education (ATE) Program is a
    congressionally mandated program that is specifically focused on
    preparation of the technical workforces that you describe. It
    intentionally focuses on career pathways that have multiple entry
    points and multiple career destinations.

      --Many ATE projects support efforts that bring technical education
            into high schools. Typically, these projects enable high school
            students to earn credentials that count toward their high
            school diploma as well as toward an associate degree at the
            partnering community college. These efforts help to create
            pathways from high school to community college to careers in
            advanced technological fields.
      --ATE projects support career pathways from community college and
            associate degrees into 4-year technical programs, such as
            engineering technology.
      --ATE projects also support entry of current technical workers into
            new technical areas, such as quantum technology.

        Through ATE, NSF is supporting the right kinds of efforts, but we
    need help to solve the major reasons that more people are not pursuing
    advanced technological careers: perception. These trades-related
    technical fields are not considered as valued career options by
    potential students or their families. As a result, it can be difficult
    to maintain the necessary enrollment to ensure continued institutional
    support for various technical education programs.
        In addition, community/technical colleges often do not have
    sufficient funds to purchase, maintain, and update the high-cost
    equipment on which students need to train. The issue of how to sustain
    programs is one with which NSF grapples frequently, since we typically
    view our funding as catalytic rather than permanent.
        We anticipate that partnerships between NSF and industries that
    need advanced technological workers could help to address both the
    reputation of technical fields and equipment needs. In addition, some
    of our ATE projects are experimenting with simulations and remotely
    operated equipment to enable students to learn how to use the
    equipment. Such approaches can help institutions share equipment
    resources with each other and, perhaps, with industry facilities.
        As it relates to supporting programs such as the Apprentice Works
    initiative at the Robert C. Byrd Institute, supporting apprenticeships
    is a key element of GBO's robust program of skilled workforce
    development and fortification of the STEM pipeline, which includes:

      --a hands-on summer program in Observatory maintenance for
            undergraduate students and recent high school graduates,
      --opportunities for local co-op students to work with the Electronics
            and Mechanical Engineering divisions and be considered for
            potential hiring,
      --serving as the hub for the NSF INCLUDES-funded First2 STEM Success
            Alliance in West Virginia, which aims to increase the
            persistence of rural first-generation students in STEM fields
            through their first 2 years of post-secondary education, and
      --a variety of other education and public outreach programs for K-12
            students and beyond.

        In our view, these efforts are best served by ensuring that they
    are well-integrated into GBO's core mission of advancing radio
    astronomical research and supporting complementary research and
    educational activities. This is because fundamental research and the
    activities surrounding it can be beneficial locally, regionally, and
    nationally, and observatories such as GBO are key engines of innovation
    and growth, often providing the necessary infrastructure for them.
        The ATE Program also supports apprenticeships and other workplace
    experiences for both students and faculty. For example, students and
    faculty can receive funding to work in an Industry-University
    Cooperative Research Center, thus gaining hands on support in emerging
    technical fields.\20\ In addition, every ATE project has its own
    business/industry partnerships, and these partnerships provide access
    to apprenticeship opportunities and mentoring for students in relevant
    technician programs. However, smaller or newer companies may be unable
    to pay students for their internship experiences.
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                      equity in investments beyond epscor
        Question 5. Federal research funding has economic and quality of
    life implications for States, communities and individuals across the
    Nation. Unfortunately, that Federal research funding is not widely
    distributed but concentrated in a few States and institutions. The NSF
    EPSCoR program was created by Congress in 1979 to ensure that
    significant scientific discovery not be limited just to those States
    with substantial resources. However, currently the 25 States, including
    WV, and three jurisdictions that are under the NSF Established Program
    to Stimulate Competitive Research receive about 10.15 percent of NSF
    research funding. What additional measures steps can NSF take, beyond
    EPSCoR, to improve equity in its investments to help smaller, more
    rural States like WV, nurture our talent in emerging new advanced
    technologies? Do underrepresented groups include first generation
    students from rural areas as in Appalachia?

        Answer. NSF strongly supports nurturing STEM talent in rural areas.
    Each of the NSF research units make use of national data to monitor
    workforce trends and needs. In addition to workforce development
    programs in EHR, several directorates have funded disciplinary-focused
    projects targeting the career development of rural students, such as
    GEO's GP-EXTRA: Expanding GeoFORCE Alaska, a Pathway to STEM Degrees
    for Rural, First-Generation, and Alaska Native Students (#1701259--
    University of Alaska Fairbanks Campus); and ENG's Research: Looks Like
    Me: Leveraging Funds of Identity to Enhance Engineering Career Pursuits
    in Rural/Reservation Communities (# Montana State University) and
    EAGER: MAKER: Maker Fridays: Engaging Rural and Underrepresented High
    School Students in Pre-Engineering Design and Creativity (#1723704--
    Northeast Community College).
        At a roundtable on rural STEM education held in July 2019, the
    Assistant Director for Education and Human Resources reported that at
    that time in EHR alone, there were 350 active awards involving rural
    STEM education across 21 different programs. Several programs are of
    particular importance for nurturing talent in rural America: Teacher
    recruitment and preparation is important everywhere but there are
    special challenges in recruiting rural teachers and helping them stay
    current. NSF's Robert Noyce Teacher Scholarship program addresses
    recruitment and preparation, while NSF's Computer Science for All
    program supports K-12 teachers with the support needed to teach
    computer science and computational thinking. NSF's Innovative
    Technology Experiences for Students and Teachers (ITEST) program
    supports innovative models to engage preK-12 students in the
    technology-rich experiences that will excite them about STEM and STEM
    careers while also engaging their teachers. STEM learning opportunities
    in informal environments can contribute to STEM education for the
    entire community. NSF's program on Advancing Informal STEM Learning
    (AISL) supports these experiences and research on what is most
    effective.
        NSF's Advanced Technological Education (ATE) program focuses on the
    education of technicians for the cutting-edge, high-technology fields
    that drive our Nation's economy. These awards to community colleges
    feature strong engagement with employers to educate science and
    engineering technicians for the good jobs of the future.
        Depending on the definition of ``rural,'' there are now either
    about 200 (Department of Education) or 600-800 (Rural Community College
    Alliance) rural community colleges in America. In addition to the ATE
    program, which focuses primarily on the skilled technical workforce at
    community colleges, a recently published Program Description entitled
    ``Advancing Innovation and Impact in Undergraduate STEM Education at
    Two-year Institutions of Higher Education.'' focuses on STEM at
    community colleges.
        Because the effort to nurture talent may involve a whole community,
    NSF INCLUDES supports projects that involve multiple parts of the
    educational system and organizations within communities. One such
    example is the NSF INCLUDES Alliance: Expanding the First2STEM Success
    Network, whose primary place of performance is the Green Bank
    Observatory in West Virginia. The Alliance aims to improve the college
    enrollment rate and success of undergraduate STEM students, with
    emphasis on rural first-generation students through their first 2 years
    of college. This innovative project was co-funded by EPSCoR.
        Institutions and individuals in EPSCoR jurisdictions should
    continue to leverage NSF EPSCoR's outreach mechanism, which supports
    outreach travel that enables NSF staff to directly engage and inform
    the EPSCoR research community about NSF opportunities, priorities,
    programs, and policies. From fiscal year 2016 through fiscal year 2020,
    11.3 percent of total NSF funding supported institutions and
    individuals in EPSCoR jurisdictions. The NSF EPSCoR program continues
    to promote engagement of the EPSCoR community in NSF and other national
    activities.
                                     ______

                  Questions Submitted by Senator Jeff Merkley
                        covid-19 impact on stem research
        Question 1a. The COVID-19 pandemic has impacted scientific and
    academic research in unparalleled ways. One January 2021 study from
    NORC at the University of Chicago found that graduate academic
    institutions reported that 67 percent of their STEM research was
    delayed or discontinued due to the pandemic. We also know that students
    from underrepresented backgrounds--including students of color, women,
    students with caring responsibilities, and those hailing from rural
    communities--have shouldered the impacts of these delays the hardest.
        What, if any, flexibilities is the NSF arranging for previous
    grantees to adjust grant timelines and requirements in recognition of
    the unalterable delays in research associated with academic closures
    and other COVID-19 impacts?

        Answer. Many of the most impactful efforts to assist the research
    community and workforce were contained in flexibilities authorized by
    the Office of Management and Budget from the requirements specified in
    2 CFR Part 200, Uniform Administrative Requirements, Cost Principles
    and Audit Requirements for Federal Awards. NSF implemented
    flexibilities authorized by the following OMB Memoranda to support the
    research enterprise through the COVID-19 pandemic:

      --NSF Implementation of OMB Memorandum M-21-20, Appendix C \21\
    ---------------------------------------------------------------------------
        \21\ www.nsf.gov/bfa/dias/policy/covid19/
    covid19_nsfomb2120implementation.pdf
    ---------------------------------------------------------------------------
      --NSF Implementation of OMB Memorandum M-20-26 \22\
    ---------------------------------------------------------------------------
        \22\ www.nsf.gov/bfa/dias/policy/covid19/
    covid19_nsfomb2026implementation.pdf
    ---------------------------------------------------------------------------
      --NSF Implementation of OMB Memorandum M-20-20 \23\
    ---------------------------------------------------------------------------
        \23\ www.nsf.gov/bfa/dias/policy/covid19/
    covid19_nsfomb2020implementation.pdf
    ---------------------------------------------------------------------------
      --NSF Implementation of OMB Memorandum M-20-17 \24\
    ---------------------------------------------------------------------------
        \24\ www.nsf.gov/bfa/dias/policy/covid19/
    covid19_nsfombimplementation.pdf

        With specific regard to implementation of OMB Memorandum (M-20-26),
    NSF worked closely with colleagues at the National Institutes of Health
    (NIH) to develop consistent implementation language that was to be used
    by both NSF and NIH. This standardization was vital to the research
    community to help mitigate the reduction of administrative burden
    ---------------------------------------------------------------------------
    associated with individual agency implementation of OMB flexibilities.

        Question 1b. As research institutions continue to recover from the
    COVID-19 pandemic, acknowledging the disproportionate impacts felt by
    some members of the academic community, how can the NSF best support
    these institutions in ensuring an equitable and sustainable recovery?

        Answer. NSF recognizes that the pandemic has disproportionately
    impacted institutions that serve students from underrepresented
    backgrounds. We also recognize the heterogenous nature of these
    institutions and consequently, the support must address a wide range of
    challenges. NSF's emphasis has focused on increased support for
    undergraduate researchers through stipends, internships, and
    scholarship programs, as well as postdoctoral fellowships and support
    for internship programs. NSF is dedicating both fiscal year 2021
    Current Plan and American Rescue Plan funding to COVID recovery,
    including support for individuals and institutions disproportionately
    affected by the impacts of the pandemic. For example, in the
    Directorate for Education and Human Resources, home to programs
    focusing on HBCUs, Tribal Colleges, and Hispanic Serving Institutions,
    funding is available to support for postdoctoral scholars, community
    colleges, and research focused on racial equity. Funding opportunities
    for post-docs and other new investigators have been created or
    augmented in several other research domains, for example, in computer
    science, ocean science, polar science, mathematical and physical
    sciences, and engineering.
        Faculty members with young families were one of the groups whose
    work was adversely affected by the pandemic. In response, NSF issued a
    Dear Colleague Letter \25\ that expanded the availability of support
    for Career Life Balance supplements to all research personnel on any
    research grant. In addition, during the course of the pandemic,
    proposal deadlines \26\ for over 30 funding opportunities were delayed
    to provide potential principal investigators with additional time to
    prepare proposals.
    ---------------------------------------------------------------------------
        \25\ www.nsf.gov/pubs/2021/nsf21021/nsf21021.jsp
        \26\ www.nsf.gov/bfa/dias/policy/covid19/covid19_deadlines.pdf

        Question 1c. How can Congress further support NSF as we consider
    the long-term impacts of the COVID-19 pandemic on the science and
    ---------------------------------------------------------------------------
    technology research community?

        Answer. Congress can further support NSF's ongoing response to the
    public health and economic crisis caused by the COVID-19 pandemic by
    continuing to support in helping research communities, institutions,
    and people adversely impacted by COVID. Beginning in fiscal year 2020
    and continuing into fiscal year 2022, NSF has increased investments in
    programs that aid institutions and groups of people most affected by
    COVID-19, with an emphasis on supporting individuals at vulnerable
    career transition points.
        The disruption of COVID-19 has impacted the academic and research
    community, curtailing research activity and creating barriers to
    advancement in STEM careers. NSF recognizes the critical need to
    mitigate these impacts on the Nation's current and future scientific
    workforce. In fiscal year 2021, NSF will invest R&RA and EHR funds to
    assist the most severely impacted and most vulnerable, including
    individuals at vulnerable career transition points, especially
    students, postdoctoral fellows, and early career faculty. NSF will
    support this effort through new awards, supplements, and extensions of
    existing awards. To this end, NSF will increase investments in STEM
    education, EPSCoR States, community colleges, and Master of Science in
    Information Systems programs, using established programs across the
    Foundation. Additional funds provided via The American Rescue Plan of
    2021 (Public Law 117-2), from which NSF received $600 million, will be
    similarly devoted to these priorities. NSF continues to monitor the
    situation among our varied communities and stands ready to respond
    further as needed in fiscal year 2022, as we have in fiscal year 2020
    and fiscal year 2021.

        Fiscal year 2022 investments include these areas:

      --Expand research on the biology, ecology, and evolution of
            infectious diseases. NSF will invest in projects that advance
            understanding of the origins of emerging infectious diseases
            and their transmission, and the biotechnologies needed for
            detection and intervention. fiscal year 2022 investments will
            be increased in biotechnology, programs such as Ecology and
            Evolution of Infectious Diseases, Enabling Discovery through
            Genomic, and Designing Synthetic Cells Beyond the Bounds of
            Evolution, and the Sentinel Cells for Surveillance and Response
            to Emergent Infectious Diseases Dear Colleague Letter.
      --Initiate new funding opportunities to support development of
            predictive intelligence for pandemic prevention. NSF will
            support planning and research activities for highly convergent
            approaches that combine biological science, computer and
            information sciences, engineering, and social and behavioral
            sciences to detect, model, and contain emerging infectious
            diseases before they can spread to a pandemic stage.
      --Increase understanding of social factors for pandemic prevention.
            NSF will invest in foundational research in social, behavioral,
            and economic impacts of pandemics, including improved public
            understanding, international collaborations to hasten recovery,
            and research that improves operations and logistics of
            pandemic-related supply networks and vaccine distribution.
                                     ______

              Questions Submitted by Senator Shelley Moore Capito
               pandemic period support for green bank observatory
        Question 1. What efforts in particular has NSF made during the
    pandemic period to support operations at Green Bank Observatory?

        Answer. NSF has continued to support GBO's operations, maintenance,
    infrastructure upgrades, telescope management, and education and public
    outreach activities during the pandemic period. NSF supported the
    implementation of flexibilities defined in OMB memos, allowing GBO to
    adapt its operational model while continuing to support its staff
    through critical transitions. This has permitted GBO to adapt to
    operating under pandemic conditions, conducting remote observations
    with the GBT and, when possible, migrating its community engagement
    activities to virtual formats. A phased return to on-site work is
    occurring and being closely monitored, with extensive safety measures
    in place; the site remains closed to visitors. In its oversight role,
    NSF is actively assessing the impacts of the pandemic on GBO to inform
    budget requests beyond fiscal year 2022.
                             ``open skies'' science
        Question 2. On ``open skies'' science being used at NSF--Would you
    please explain why this program is so important? Is this program
    oversubscribed and what does oversubscription in this instance mean?

        Answer. Open Skies time is made available to the broad astronomical
    community through a peer review process, selecting the best proposals
    based on scientific merit. This NSF-sponsored observing time is
    critical to ensuring that the scientists with the best ideas have
    access to the telescope to make the observations necessary to advance
    their science. The GBT is currently used for observations approximately
    6,500 hours per year. Of these, approximately 4,500 hours are available
    as Open Skies and are allocated to members of the general scientific
    community through community-based merit review managed by GBO. Hundreds
    of scientists use the GBT each year for research that spans virtually
    every field of modern astrophysics. The ``oversubscription rate'', or
    the ratio of the Open Skies time requested to the time allocated, has
    been in the range 2-3 since fiscal year 2015; this level is generally
    considered healthy for astronomical facilities. Non-open-skies time
    (about 2,000 hours) at GBT is provided to GBO partners who make
    significant financial contributions to facility operations.
                                     ______

                Questions Submitted by Senator Susan M. Collins
                 covid-19 impact on public scientific research
        Question 1. I am concerned about the disruption caused by the
    pandemic to public scientific research, including at universities like
    the University of Maine, which is led by your former colleague, Joan
    Ferrini-Mundy. I am a cosponsor of the Research Investment to the Spark
    the Economy (RISE Act), which would direct nearly $25 billion in relief
    for research workforce and institutions, including $3 billion to NSF.
    What are NSF's plans to support the research community so that
    federally funded work that was underway before the pandemic can be
    completed?

        Answer. Throughout the pandemic NSF Program officers have been
    working closely with award recipients to provide supplements, no cost
    extensions, and other forms of support to help with the impacts and
    challenges COVID-19 has presented. It is of utmost importance to NSF
    that our awardees have every opportunity to complete their research and
    we are exhausting all possibilities to accomplish that goal.
        In response to the COVID-19 virus, NSF mobilized funding from the
    ``Coronavirus Aid, Relief, and Economic Security'' (CARES) Act, as well
    as NSF's regular appropriations, to help the country respond to and
    recover from the COVID-19 pandemic. NSF supports a wide range of
    research funding mechanisms, including Rapid Response Research, or
    RAPID, a fast-tracked grant process to accelerate critical discoveries.
        In addition to funding provided through the targeted American
    Rescue Plan legislation, NSF is providing focused support through
    regular fiscal year 2021 appropriations and the fiscal year 2022
    Request. This funding will help people who are at vulnerable transition
    points in their research careers, such as those who have recently
    received their graduate degrees and other early career scientists, as
    well as disadvantaged institutions, such as those in EPSCoR states and
    minority-serving institutions. The investments are spread across new
    and existing post-doctoral programs, research initiation awards for
    early-career faculty, supplements to existing awards, and targeted
    investment in several programs including the Historically Black
    Colleges and Universities--Undergraduate Program (HBCU-UP),
    Historically Black Colleges and Universities--Excellence in Research
    (HBCU-EiR), Hispanic Serving Institutions (HSIs), Tribal Colleges and
    University Program (TCUP), and others across the directorates. NSF
    recently posted a Science Matters article \27\ highlighting NSF's
    efforts in the fight against the pandemic and current efforts to help
    researcher get back on track and supporting efforts to prepare for
    future pandemics.
    ---------------------------------------------------------------------------
        \27\ https://beta.nsf.gov/science-matters/researchers-apply-covid-
    19-lessons-prevent-future-pandemics
    ---------------------------------------------------------------------------
                     rapid grants using covid-relief funds
        Question 2. I commend NSF's work over the past year to make RAPID
    grants available using COVID-relief funds, which have been granted to
    researchers who are helping the U.S. better understand and fight the
    pandemic. Would you summarize some of the key findings and learnings
    that are coming out of that collective body of work?

        Answer. The RAPID proposal type is specifically implemented by the
    Foundation to address funding requests where there is a severe urgency
    with regard to availability of, or access to, data, facilities, or
    specialized equipment, including quick-response research on natural or
    anthropogenic disasters and similar unanticipated events. The Project
    Description in a proposal is expected to be brief--no more than five
    pages--and must include clear statements as to why the proposed
    research is urgent and why RAPID is the appropriate mechanism for
    supporting the proposed work.
        Given that RAPID awards support projects requiring a rapid release
    of funds and thus an expedited merit review process, this mechanism
    provides NSF with the ability to make funding decisions quickly and in
    accordance with NSF policies and procedures. Since March 2020, the
    Foundation has made over 750 RAPID awards related to COVID-19. These
    total over $109 million from both regular fiscal year 2021 and CARES
    Act appropriations.
                    post-pandemic investment recommendations
        Question 3. After a full year of battling COVID-19, it's important
    to understand the long-term ramifications of the pandemic on all
    aspects of our society. What investments do you recommend for
    supporting science, technology, education, and innovation in a post-
    pandemic time?

        Answer. The COVID-19 pandemic has revealed the scientific
    challenges that must be overcome to prevent and contain emerging and
    future infectious diseases and highlighted our vulnerability as a
    nation to the continuous threat they pose. NSF has set three closely
    interrelated strategic goals to mitigate the impacts of the pandemic on
    the Nation's scientific community and enable better predictions of
    future outbreaks.

      --Promote interdisciplinary research to improve our understanding of
            how pathogens arise, evolve, and spread, and on new ways to
            reduce their transmission, infectivity, and virulence.
      --Develop a more effective intelligence capability for emerging
            infectious diseases by leveraging advances in ``omics,''
            synthetic biology, structural and computational biology, remote
            sensing, the Internet of Things/networked sensors, data
            integration and analytics, artificial intelligence, and
            predictive modeling that incorporates human and social
            behavior.
      --Further our understanding of the societal factors essential to
            strengthen the national resilience to future outbreaks and
            other natural disasters, through research on risk
            communication, robust supply chains, market responses and
            collaborative, virtual learning environments.

        NSF recommends three investments areas in fiscal year 2022 and
    beyond for supporting science, technology, education, and innovation in
    a post-pandemic time.

      --Expand research on the biology, ecology, and evolution of
            infectious diseases. NSF will invest in projects that advance
            understanding of the origins of emerging infectious diseases
            and their transmission, and the biotechnologies needed for
            detection and intervention. fiscal year 2022 investments will
            be increased in biotechnology, programs such as Ecology and
            Evolution of Infectious Diseases, Enabling Discovery through
            Genomic Tools, and Designing Synthetic Cells Beyond the Bounds
            of Evolution, and the Sentinel Cells for Surveillance and
            Response to Emergent Infectious Diseases Dear Colleague Letter.
      --Initiate new funding opportunities to support development of
            predictive intelligence for pandemic prevention. NSF will
            support planning and research activities for highly convergent
            approaches that combine biological science, computer and
            information sciences, engineering, and social and behavioral
            sciences to detect, model, and contain emerging infectious
            diseases before they can spread to a pandemic stage.
      --Increase understanding of societal factors for pandemic prevention.
            NSF will invest in foundational research in social, behavioral,
            and economic impacts of pandemics, including improved public
            understanding, international collaborations to hasten recovery,
            and research that improves operations and logistics of
            pandemic-related supply networks and vaccine distribution.

        The continuous support from Congress will be critical to make new
    research, infrastructure, and workforce investments to strengthen the
    Nation's scientific and technological capacity to predict and prevent
    future pandemics.
                                     ______

                  Questions Submitted by Senator John Kennedy
                          taxpayer dollar stewardship
        Question 1. We all agree that the United States has to be the world
    leader in terms of scientific technology. However, we also must be
    conscientious stewards of taxpayers' dollars. Are there any areas of
    scientific funding by the U.S. Government that you see as wasteful, or
    at least as not benefiting our Nation's scientific competitiveness? And
    how much do these areas/programs/etc. receive?

        Answer. Being a conscientious steward of taxpayers' dollars is at
    the very heart of NSF's merit review process. Over its more than 70-
    year history NSF has exemplified the merit review process which has
    been emulated throughout the world as the gold standard. It is designed
    to ensure that, as far as possible, competitive peer review identifies
    the best portfolio of ideas for funding in accord with the Foundation's
    two main review criteria--Intellectual Merit and Broader Impacts.
        The National Science Board, NSF's policy body, issues a yearly
    merit review process digest to assure its stakeholders that NSF
    implements the merit review process with integrity, and in a fair,
    competitive, and transparent manner. The 2019 Digest was published in
    December 2020 \28\ and the 2020 Digest will be out shortly.
    ---------------------------------------------------------------------------
        \28\ www.nsf.gov/nsb/publications/2020/merit_review/FY-2019/
    nsb202038.pdf
    ---------------------------------------------------------------------------
        Additional high-level NSF mechanisms for understanding,
    safeguarding, and improving this critical Foundation process include
    meetings of external Advisory Committees (ACs), Committee of Visitor
    (COV) reports, and biennial surveys of proposers and reviewers. COV
    reports are a key factor in maintaining the quality and integrity of
    NSF's merit review process. They provide input on such critical
    elements as the qualifications of the reviewers, whether the reviews
    provide substantive explanatory comments and a well-documented
    rationale, and whether the resulting program portfolio is appropriately
    balanced.
        It is also important to note that the benefits of basic research
    can take years, even decades, to show societal and economic benefit.
    Some of the most remarkable discoveries and innovations were not even
    the focus of the original research; consider for example, Polymerase
    Chain Reaction (PCR). Clinical tests for COVID-19 rely on the genetic
    identification of the virus, a process made feasible by an NSF-funded
    discovery of bacteria from thermal pools at Yellowstone National Park.
    These unique bacteria contain thermostable enzymes that allow for the
    rapid copying of genetic material through a process called Polymerase
    Chain Reaction (PCR). Only a tiny amount of genetic material is
    retrieved through a nasal swab, far too small an amount to be readily
    detected. Using PCR, scientists can amplify the tiny amounts retrieved
    to a measurable quantity and can then confirm whether a patient has
    been infected with SARS-CoV-2.
                          epscor funding in louisiana
        Question 2. Louisiana is an Established Program to Stimulate
    Competitive Research (EPSCoR) State supported by the National Science
    Foundation (NSF) that develops innovative research and opportunities
    for students and faculty at many of Louisiana's prominent Universities.
    With Louisiana Universities' role in innovative scientific research
    through the National Science Foundation, will you continue to ensure
    these students receive the funding they need to advance their research?

        Answer. Yes, for the United States to be a global leader in
    scientific and technological innovation, NSF commits resources to
    support science and engineering discoveries and develop a technically
    capable workforce from across the Nation: rural, suburban, urban, and
    in-between. EPSCoR enhances the research competitiveness of targeted
    jurisdictions (States, Territories, commonwealth) by strengthening STEM
    capacity and capability. To achieve this goal, EPSCoR aims to stimulate
    research that is fully competitive in NSF disciplinary and
    multidisciplinary research programs. These activities promote and
    catalyze STEM workforce development, broadening participation, and
    economic growth. In addition to EPSCoR funding, NSF will continue to
    support meritorious science and engineering research and the individual
    researchers, including students, from across the Nation.

               Estimated Student Participants in Fiscal Year 2020
    ------------------------------------------------------------------------
                     Level of Education                      Student Count
    ------------------------------------------------------------------------
    Graduate Students...................................  45
    Undergraduate Students..............................  40
    K-12 Students.......................................  3,705
    ------------------------------------------------------------------------

                 Students Externally Engaged in Fiscal Year 2020
    ------------------------------------------------------------------------
                     Type of Institution                     Student Count
    ------------------------------------------------------------------------
    Academic Research Institutions......................  585
    Primarily Undergraduate Institutions................  65
    Minority-Serving Institutions.......................  25
    ------------------------------------------------------------------------

                geographic diversity of sbir/sttr award funding
        Question 3. Out of the $2.98 billion Small Business Innovation
    Research (SBIR) and Small Business Technology Transfer (STTR) awards
    that the National Science Foundation has issued, just over $16 million
    went to Louisiana. That is compared to a State like California
    receiving $626 million or Massachusetts receiving $323 million from the
    NSF, which accounts for roughly a third of total SBIR/STTR awards from
    the NSF. I'm concerned that awards are becoming concentrated in certain
    States. The purpose of the SBIR & STTR programs are to expand the role
    of small businesses in Federal research and development (R&D). Does it
    concern you that the NSF's SBIR/STTR funding is propping up R&D funding
    in certain States, while other States are being left behind? What
    outreach is the NSF doing to ensure that SBIR/STTR awards are being
    disbursed throughout the United States? How can we get more SBIR/STTR
    awards to historically underserved States?

        Answer. NSF actively conducts outreach to States/communities
    throughout the U.S., particularly in ones that are underserved. These
    outreach activities take the form of road shows, workshops,
    conferences, and office hours. Indeed, they are an essential means to
    growing awareness about the SBIR/STTR program in all communities.
        In addition, through planned investments by the new directorate,
    NSF anticipates growing the opportunity space for individuals and
    organizations throughout the country, and particularly in long
    underserved areas. NSF anticipates catalyzing collaborations between
    academic researchers, companies, and investors that will in turn spur
    new small businesses positioned for NSF's SBIR/STTR programs. In this
    way, the new directorate will serve to address the desire to expand the
    geography of innovation, well beyond what we are currently able to do.
                                     ______

                Questions Submitted by Senator Chris Van Hollen
                  minority-serving institutions award funding
        Question 1. Our Nation's Historically Black Colleges and
    Universities (HBCUs) are leaders in conducting vital research and
    educating the next generation of our Science, Technology, Engineering,
    and Math (STEM) workforce, graduating 25 percent of African Americans
    who earn degrees in STEM. Unfortunately, the Center for the Study of
    Historically Black Colleges and Universities reported in January of
    this year that only 1.7 percent of National Science Foundation (NSF)
    research & development funding for institutions of higher educations is
    awarded to HBCUs. In 2018, only 5.7 percent of NSF funding for
    institutions of higher education was awarded to all Minority-Serving
    Institutions, including HBCUs, Hispanic-Serving Institutions, and other
    MSIs.
        What steps are you taking to evaluate how funding is awarded across
    your programs to ensure this massive disparity is closed?

        Answer. NSF continuously evaluates its investment portfolio to
    address how effectively it is meeting its mission. NSF is committed to
    enhancing and expanding its impact and reach, as well as disseminating
    knowledge on the science of broadening participation across the Nation.
    These evaluations are essential for NSF to enable science and
    engineering discoveries, ideas, and develop STEM talent from across the
    Nation.
        The fiscal year 2022 Request to Congress seeks an additional $100
    million, roughly a 50 percent increase, in funding for programs that
    aim to increase participation in science and engineering of individuals
    from racial and ethnic groups underrepresented in these fields. Funding
    will support curriculum design, research on successful recruitment and
    retention methods, development of outreach or mentorship programs,
    fellowships, and building science and engineering research and
    education capacity at HBCUs and other minority-serving institutions.
        The following information is excerpted and adapted from NSF's
    Report to Congress on fiscal year 2019 Funding to Minority-Serving
    Institutions as required by the National Science Foundation
    Authorization Act of 2002 (Public Law 107-368, Section 18).
        NSF's total investment to all MSIs in fiscal year 2019 was $798.6
    million. This amount represents 12.9 percent of the $6,196.6 million
    awarded to all institutions of higher education (IHEs). Within that
    total, 8.8 percent of NSF's Research and Related Activities account
    funded research activities at MSIs. From fiscal year 2010 to fiscal
    year 2019, there has been a 312 percent increase in nominal dollars in
    NSF's total funding for MSIs. In fiscal year 2019, the investment rose
    from $771.9 million to $798.6 million. This increase of $26.7 million
    was due to the following NSF programmatic activities:

      --Established Program to Stimulate Competitive Research (EPSCoR)
            Research Infrastructure Improvement, and EPSCoR Co-Funding;
      --Historically Black Colleges and Universities-Excellence in Research
            (HBCU-EiR);
      --Hispanic-Serving Institutions (HSI);
      --Major Research Instrumentation (MRI);
      --Partnerships for Research and Education in Materials (PREM);
      --Louis Stokes Alliances for Minority Participation (LSAMP);
      --Discovery Research PreK-12 (DRK-12);
      --Graduate Research Fellowship Program (GRFP);
      --Robert Noyce Teacher Scholarship Program (Noyce);
      --NSF Scholarships in Science, Technology, Engineering and
            Mathematics (S-STEM); and
      --CyberCorps: Scholarship for Service (SFS).

        NSF Direct Funding to All Categories of Minority-Serving Institutions: Fiscal Year 2010-Fiscal Year 2019
                                                  (Millions of Dollars)
    ----------------------------------------------------------------------------------------------------------------
                                             Funding to All Categories of Minority-Serving                 MSIs as a
                                                              Institutions                       Funding    Percent
                    Year                -------------------------------------------------------   to All     of IHE
                                            EHR        MRE        R&RA       H-1B      Total       IHEs     Funding
    ----------------------------------------------------------------------------------------------------------------
    Fiscal Year 2010...................     $116.2         $0     $127.4      $12.4     $255.9   $5,080.5       5.0%
    Fiscal Year 2011...................     $121.5         $0     $147.3      $11.9     $280.7   $5,136.0       5.5%
    Fiscal Year 2012...................     $115.8         $0     $131.8      $17.3     $265.0   $5,230.7       5.1%
    Fiscal Year 2013...................     $125.6         $0     $138.6      $15.9     $280.1   $5,116.3       5.5%
    Fiscal Year 2014...................     $124.8         $0     $187.0      $15.2     $327.0   $5,253.6       6.2%
    Fiscal Year 2015...................     $131.5         $0     $192.3      $22.5     $346.2   $5,560.7       6.2%
    Fiscal Year 2016...................     $152.1         $0     $314.0      $38.5     $504.6   $5,547.6       9.1%
    Fiscal Year 2017...................     $124.7         $0     $275.4      $12.7     $412.8   $5,628.8       7.3%
    Fiscal Year 2018...................     $210.7         $0     $507.0      $54.2     $771.9   $5,898.3      13.1%
    Fiscal Year 2019...................     $219.0         $0     $544.0      $35.6     $798.6   $6,196.6      12.9%
    ----------------------------------------------------------------------------------------------------------------

                     covid-19 impact on gender in research
        Question 2. The COVID-19 pandemic has amplified deep challenges and
    inequities faced by researchers from underrepresented communities,
    putting our current and future research workforce in jeopardy. A
    National Academies of Sciences, Engineering, and Medicine report found
    that women researchers have disproportionately borne the brunt of the
    impacts of COVID-19, leading to disruptions in their research and a
    decline in authorship which can hurt long-term career prospects.
        What measures has NSF taken to address the underrepresentation of
    women researchers, particularly women of color and those early in their
    career, and the toll COVID-19 has had on the careers of these
    researchers? And what can Congress do to help support these efforts?

        Answer. The NSF is committed to increasing participation in the
    STEM enterprise, especially by groups that have been historically
    underrepresented in STEM fields. The NSB Vision 2030 document \29\
    highlighted a need for faster progress in increasing diversity in the
    STEM enterprise, including a call to double the number of women in the
    STEM workforce by 2030. NSF's program portfolio reflects targeted
    strategies to broaden participation, many which benefit researchers who
    are women or women of color. The program portfolio also supports
    activities directed specifically toward early career researchers.
    ---------------------------------------------------------------------------
        \29\ www.nsf.gov/nsb/publications/2020/nsb202015.pdf
    ---------------------------------------------------------------------------
        NSF supports the advancement of women in their academic careers
    through several programs. One example is the NSF ADVANCE:
    Organizational Change for Gender Equity in STEM Academic Progressions
    program (NSF 20-554).\30\ NSF ADVANCE emphasizes that individuals
    cannot be defined by a single identity or factor (e.g., gender), and
    projects now focus on multi-factors or identities (e.g., gender, race/
    ethnicity, et.al.) or intersectionality, as they address systemic
    change and gender equity work in academic environments. This emphasis
    has resulted in greater attention toward addressing issues for faculty
    women of color and faculty that are members of other marginalized
    groups.
    ---------------------------------------------------------------------------
        \30\ www.nsf.gov/pubs/2020/nsf20554/nsf20554.htm
    ---------------------------------------------------------------------------
        The ADVANCE program hosted a panel in March 2021 entitled ``Faculty
    Equity in a Time of COVID.'' \31\ The focus of the panel discussion was
    on the short and long-term impacts of the COVID-19 pandemic on faculty
    diversity, equity, and inclusion, noting that the pandemic will likely
    have long lasting impacts on the educational and career progression of
    faculty, graduate students, and postdoctoral scholars.
    ---------------------------------------------------------------------------
        \31\ https://nsf.zoomgov.com/webinar/register/WN_Gf5S1V4PRJW5-
    m25N8tQpQ
    ---------------------------------------------------------------------------
        There are additional NSF efforts that provide opportunities for
    women and early career researchers. Four NSF Directorates and one
    Office joined forces to issue a Dear Colleague Letter (NSF 21-023) \32\
    entitled ``Broadening Participation in STEM Entrepreneurship and
    Innovation'' that encourages investigators to develop comprehensive
    studies that use the intersectionality of identities as a framework to
    examine interventions and phenomena within the innovation and
    entrepreneurial space. The Directorate for Computer and Information
    Science and Engineering (CISE) is committed to broadening participation
    in computing (BPC). CISE strongly encourages meaningful actions that
    address the longstanding underrepresentation of various populations,
    including women, in computing and closely related disciplines. In July
    2017, CISE began a pilot effort for broadening participation in
    computing. The BPC pilot encourages CISE Principal Investigators (PIs)
    to include meaningful Project BPC plans in proposals submitted to a
    subset of CISE's research programs and requires them at time of award.
    The Directorate for Mathematical and Physical Sciences (MPS) recently
    released a new solicitation (NSF 21-570) \33\ entitled ``Launching
    Early-Career Academic Pathways in the Mathematical and Physical
    Sciences (LEAPS-MPS). The goal of LEAPS-MPS program is to support MPS
    principal investigators initiating their research programs, especially
    those at minority-serving institutions (MSIs).
    ---------------------------------------------------------------------------
        \32\ www.nsf.gov/pubs/2021/nsf21023/nsf21023.jsp
        \33\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=505892
    ---------------------------------------------------------------------------
        Many NSF programs support women researchers as Principal
    Investigators in a variety of projects. NSF also supports researchers
    early in their careers through additional programs and funding
    mechanisms. One example is the CAREER program,\34\ which embodies NSF's
    commitment to encourage faculty and academic institutions to value and
    support the integration of research and education. Successful principal
    investigators propose creative, effective research and education plans,
    developed within the context of the mission, goals, and resources of
    their organizations, while building a firm foundation for a lifetime of
    contributions to research, education, and their integration. Other
    types of support include research initiation awards, pilot project
    support, faculty fellowship and professional development, and planning
    grants through different NSF programs.
    ---------------------------------------------------------------------------
        \34\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=503214
    ---------------------------------------------------------------------------
        In fiscal year 2020, the NSF RAPID award mechanism was used to
    support projects related to the impact of COVID-19, including projects
    directed to understanding the impact on researchers, such as ``RAPID:
    Effect of The Coronavirus (COVID-19) Pandemic on the Psychosocial,
    Emotional, Academic and Career Functioning of Academic Communities''
    (Award #2032386) \35\ and ``RAPID: Impact of the Covid-19 Pandemic on
    the Biomedical Research Workforce: Productivity and Progress in
    Academia'' (Award #2035112).\36\ Congress can add value by
    communicating these opportunities to their constituencies.
    ---------------------------------------------------------------------------
        \35\ www.nsf.gov/awardsearch/
    showAward?AWD_ID=2032386&HistoricalAwards=false
        \36\ www.nsf.gov/awardsearch/
    showAward?AWD_ID=2035112&HistoricalAwards=false
    ---------------------------------------------------------------------------
                        covid-19 driven research delays
        Question 3. Due to the COVID-19 pandemic, labs were shut down, and
    universities and other researchers have been significantly impacted--
    Johns Hopkins University in my State, the Nation's leader in Federal
    research funding for more than 40 years, estimates their research
    grants could see as much as $90 million in impacts from slowdowns
    related to the pandemic. Recognizing the need to ensure our Nation
    remains a world leader in innovation, have you identified a funding
    level necessary to recover from the research that is likely lost?

        Answer. COVID-19 has indeed had a profound impact on the research
    community. Labs were closed, research campaigns were postponed, and
    access to equipment and personnel was limited or impossible. The
    funding requested in the fiscal year 2022 budget request for NSF and
    the American Jobs Plan would ensure that the nation remains a world
    leader in innovation and takes important steps to recover from the
    COVID-19 pandemic. In addition, the requested funding would preserve
    STEM research pathways for the current generation of students and
    vulnerable minorities. Examples of such costs include temporarily
    increasing the opportunities for postdoctoral, graduate and
    undergraduate research fellowships and stipends, enhancing investments
    in programs aimed at advancing diversity and inclusion in STEM, and
    restoring the operation and construction of NSF's major research
    facilities.
                climate change and alternative protein research
        Question 4. The President's 2022 discretionary request includes a
    significant increase to the NSF budget for climate-related science and
    emerging technologies. In 2019, agricultural activities contributed to
    more than 10 percent of our greenhouse gas emissions. While there are
    many options for addressing agricultural emissions, experts have
    pointed to developments in emerging field of alternative protein
    technologies, like plant-based and cultivated meat. I was glad to see
    that NSF made the first-ever U.S. Government grant for cultivated
    protein research last year. This is a good start, but much larger
    investments into alternative protein research seems warranted. Can you
    outline how NSF can increase research and innovation in this promising
    sector?

        Answer. NSF is seeing an increase in the number of proposals and
    awards in the area of alternative proteins in many of our programs.
    Alternative proteins for food include the use of lignocellulose,
    mushrooms/fungi, bacteria and yeasts, and insects (for both human and
    animal/fish consumption). Cultivated meat production is the process of
    growing animal muscle, fat, and connective tissue cells, such as beef,
    chicken, pork, turkey or fish, in large-scale fermenters to produce a
    protein-rich meat product.
        NSF has recently funded a project led by UC-Davis (2021132; PI:
    David Block) under the Growing Convergence Research) program (GCR; NSF
    19-551) \37\ to study the science, engineering, economics,
    sustainability, and consumer acceptance of cultivated meat production.
    The project goals are to establish the scientific and engineering
    foundation for the nascent cultivated meat industry, address critical
    scientific and engineering bottlenecks and knowledge gaps that inhibit
    commercialization, and train the scientists and engineers that will
    build the industry.
    ---------------------------------------------------------------------------
        \37\ www.nsf.gov/publications/
    pub_summ.jsp?WT.z_pims_id=505637&ods_key=nsf19551
    ---------------------------------------------------------------------------
        NSF has also supported a number of SBIR awards, including a recent
    SBIR Phase II award entitled, ``Sustainable Alternative Protein
    Cultivation from Fungal Mycelium for Human Consumption (1926981). This
    research, which started as an I-Corps project (1661734), makes
    environmentally sustainable protein as synthetic ``meat'' from fungi
    and recently raised $28 million. Meati's process is highly efficient
    and sustainable, using 1 percent of the land, water, and energy
    compared to traditional animal meats.\38\
    ---------------------------------------------------------------------------
        \38\ www.foodnavigator-usa.com/Article/2020/10/30/Meati-Foods-
    raises-28m-to-expand-its-fungi-based-protein-platform
    ---------------------------------------------------------------------------
                                     ______

                 Questions Submitted by Senator Lisa Murkowski
                    new directorate and partnership with doe
        Question 1. In your written testimony, you highlighted President
    Biden's proposal in the American Jobs Plan to establish a new NSF
    directorate for technology, innovation, and partnerships. The Endless
    Frontier Act (EFA) would similarly restructure NSF to include a new
    technology directorate that would focus on 10 specific areas. It would
    also allocate NSF $100 billion over the next 5 years, a dramatic
    increase relative to NSF's fiscal year 2021 budget of just under $8.5
    billion. The Department of Energy (DOE) already conducts basic or
    applied research and development (R&D) in all 10 of the EFA technology
    focus areas at its Office of Science or through its National Labs. I
    appreciated your emphasis during the hearing on the partnership between
    DOE and NSF on artificial intelligence, high-performance computing, and
    facilities, as well as your commitment to work closely with Secretary
    Granholm. How do you envision NSF's increased R&D efforts in the EFA
    focus areas interacting with, but not duplicating, existing efforts at
    DOE? Do you believe that securing U.S. competitiveness requires that
    both NSF and DOE work on the development and commercialization of novel
    technologies in these fields?

        Answer. We are currently facing a defining moment for the Nation.
    Global competition for leadership and talent in science, engineering
    and technology is at an all-time high. For the United States to remain
    the global leader, we must recommit to investing in people, fostering
    partnerships, and encouraging the innovative spirit that has been the
    source of our leadership over the past seven decades. Partnerships are
    a powerful way to leverage resources and deliver results.
        As I noted at the hearing, NSF has a strong partnership with the
    Department of Energy (DOE) in quantum and high-performance computing
    that is helping to combat the current pandemic. We also partner in
    artificial intelligence and several other projects, but perhaps most
    importantly facilities--CERN in Switzerland, and the Rubin Observatory
    in Chile. NSF looks forward to strengthening all of these partnerships.
        NSF pilots all technologies across a broad spectrum, and we have
    the expertise to facilitate the commercialization of these technologies
    through the I-CorpsTM program, the SBIR/STTR program,
    innovation centers, as well as accelerators that need to be built as
    public/private partnerships, which can include DOE and other agencies.
    With respect to energy technologies in particular, NSF would actively
    seek to partner with DOE.
        This is a time when all technologies need to be brought rapidly to
    market. It is exceedingly important to compete against our strongest
    competitors, like China. We need to unify ourselves to see how we can
    do so faster.
                    new directorate and alaskan universities
        Question 2. How do you envision Alaskan universities and research
    fitting into the proposed new directorate at NSF?

        Answer. NSF envisions a new directorate that will support the
    creation of new local and regional innovation ecosystems capable of
    addressing local-level challenges, ranging from food and agriculture to
    transportation to healthcare delivery to equitable access to education.
    Alaskan universities would be quite competitive for such regional
    innovation accelerators, particularly when paired with local businesses
    and other investors. Not only will these activities result in new
    products and services contributing to economic growth and new jobs, but
    they will also serve to address some of the foremost challenges facing
    Alaskans today.
                           expanding epscor in alaska
        Question 3. Alaska universities and communities have greatly
    benefited from the NSF Established Program to Stimulate Competitive
    Research (EPSCoR). I am grateful for NSF's commitment to build capacity
    and support research and researchers in States like mine that receive
    limited Federal R&D funding. How can we build out and expand EPSCoR in
    Alaska?

        Answer. The fiscal year 2022 request for EPSCoR is $239.62 million,
    a 19.8 percent increase over the fiscal year 2021 Current Plan,
    commensurate with the change in total NSF funding.
        Over the past 5 years, Alaska has been awarded approximately $250
    million in total from NSF. The NSF EPSCoR program has been instrumental
    in catalyzing the engagement of Alaska's researchers and educators in
    NSF programs; however, additional actions that could continue to
    contribute to Alaska's progress include:

      --Researchers should actively peruse the NSF website for information
            on NSF strategic priorities and funding opportunities.
      --NSF EPSCoR routinely disseminates information of funding
            opportunities to the EPSCoR community via the State's project
            director and/or webinars. Individuals should take full
            advantage of these items.
      --In fiscal year 2020, approximately 160 proposals were submitted to
            NSF from Alaska; with a success rate of approximately 40
            percent well above the approximately 28 percent for NSF
            overall.
      --Proposers are strongly encouraged to review the feedback on
            declined actions and revise and resubmit to future
            competitions. In addition, serving on merit review panels
            provides insight on what constitutes a meritorious proposal and
            this could be useful as future proposals are developed by
            individuals from Alaska.
      --Institutions and individuals should take advantage of NSF EPSCoR's
            outreach mechanism, which supports outreach travel that enables
            NSF staff to directly engage and inform the EPSCoR research
            community about NSF opportunities, priorities, programs, and
            policies.
      --Individuals should not hesitate to reach out to NSF program
            officers to obtain further clarification of program
            solicitations and/or funding opportunities.
      --Institutions and investigators in Alaska are encouraged to
            establish new and expand existing partnerships to engages with
            partners in multiple sectors within and beyond Alaska's borders
            (i.e., State and local governments, private industry, non-
            profits, and 2-year and 4-year institutions of higher
            education). Partnerships with underserved and underrepresented
            communities will further leverage Alaska's resources. A diverse
            network of partnerships will deliver results, and access a
            broader network of ideas, innovations, and experiences to solve
            problems facing Alaska and the Nation overall.

        Following through on these items as well as other items locally to
    strengthen sponsored research offices at institutions across Alaska
    could expand EPSCoR within the State as well as lead to an increased
    participation in NSF opportunities.
     use-inspired research and inclusion of native voices and perspectives
        Question 4. In your written testimony, you emphasized the
    importance of use-inspired research and ``collaborations spanning
    diverse institutions, sectors and geographies to co-create new
    technologies and solutions'' in maximizing American competitiveness and
    addressing some of our greatest challenges. Will you commit to better
    including indigenous voices and perspectives, including those of Alaska
    Natives, in this co-creation of knowledge and the proposal evaluation
    process, especially on issues related to climate and Arctic change?

        Answer. For NSF to fulfil its mission of advancing science for the
    prosperity of the Nation, diverse perspectives must be engaged both in
    the creation of knowledge and the evaluation of proposals. The review
    process identifies innovative and transformative ideas; to accomplish
    this goal individuals who bring different expertise and experiences
    must be engaged in the evaluation of projects, including indigenous
    voices. As NSF continues to make the research enterprise more
    inclusive, funding opportunities explicitly ask for perspectives from
    communities directly impacted by environmental change to be part of
    project design. NSF is committed to strengthening the science and
    engineering community, and that can only be accomplished by engaging
    diverse voices in the creation of knowledge and the review process. NSF
    is developing an action plan for respectful and meaningful consultation
    strengthening the nation-to-nation relationships with federally
    recognized Tribal nations. In addition, NSF recognizes the importance
    of including Indigenous people in its research efforts and has a range
    of programs, initiatives, external collaborations, and other resources
    that aim to facilitate effective and respectful engagement with
    Indigenous peoples.
     nsf usarray transportable array transfer to national mesonet program
                                     (nmp)
        Question 5. In 2019-2020, the University of Alaska Fairbanks (UAF)
    acquired nearly 100 real-time seismic and weather stations installed
    across Alaska as part of the NSF USArray Transportable Array. This
    network provides crucial seismic and atmospheric data to the U.S.
    Geological Survey (USGS), the National Oceanic and Atmospheric
    Administration (NOAA), the Department of Defense, and other agencies.
    With USGS support, the Alaska Earthquake Center assumed the management
    of 43 USArray stations in southern Alaska, but the fate of the
    remaining stations in the State is still unclear. In fiscal year 2021,
    UAF joined the National Weather Service's National Mesonet Program
    (NMP) with the goal of incorporating 70 of the remaining stations
    (mostly in northern and western Alaska) into the NMP and supplementing
    their weather and atmospheric monitoring capabilities. Should this
    incorporation take place, can you commit to coordinating with NOAA to
    transfer operational responsibility for these stations to the NMP?

        Answer. NSF has operated the Alaska Transportable Array (ATA) 2
    years longer than initially planned to maximize the number of stations
    adopted by external groups for continued operation. NSF constructed 194
    stations as part of the ATA and through collaborations with Federal and
    Alaskan stakeholders, 112 stations (60 percent) have been adopted.
    University of Alaska Fairbanks (UAF) adopted 96 of these stations. Most
    these stations also host meteorological equipment, which provides data
    to the new UAF Mesonet Array. This data enables critical observations
    of weather, wildfires, and permafrost. In 2020, the NSF Office of Polar
    Programs provided nearly $9 million in funding to UAF to support
    operation of the 45 stations in northern and western Alaska. These
    stations were identified by UAF as high priority for maintaining high
    station density and cost efficiency. In total, NSF has transitioned 139
    state-of-the-art scientific observing platforms that will continue to
    provide observations of weather, earthquakes, volcanos, tsunamis, and
    landslides in Alaska. The remaining 80 stations that UAF and other
    stakeholders have elected not to adopt will be removed throughout the
    summer of 2021.
                new landslide warning system (lws) and research
        Question 6. I would like to thank NSF for providing the grant
    funding behind Alaska's first landslide warning system (LWS) through
    the Smart & Connected Communities program. After more than 60
    landslides occurred in and around Sitka in August 2015--resulting in
    three deaths and extensive damage to infrastructure--Sitka residents
    partnered with the Sitka Sound Science Center, the Sitka Tribe of
    Alaska, several State and Federal agencies, two universities, and the
    RAND Corporation to obtain NSF funding to develop the LWS. In this
    project, both trained geoscientists and community members collect a
    range of geological and meteorological measurements to assess landslide
    risk and inform citizen and community decisionmaking. How can we adapt
    this effort to create LWSs for other vulnerable communities and areas
    in Alaska such as Haines, Whittier, and the Prince William Sound, as
    well as other parts of the U.S. with significant landslide risk? More
    broadly, do you support the authorization of programs at NSF and other
    agencies to enable research on the causes, risks, and possible
    prediction of landslides?

        Answer. The adaptation effort for the Landslide Warning System to
    other communities in Alaska could be an implementation project, which
    may fall outside of NSF's mission to support basic scientific research.
    To the broader question, NSF is supportive of programs that research
    the causes, risks and prediction of landslides. Several programs in ENG
    and GEO and the Big Idea Navigating the New Arctic have active or
    previously funded awards addressing these issues.

                              SUBCOMMITTEE RECESS

        Hearing is adjourned.
        [Whereupon, at 3:45 p.m., Tuesday, April 13, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

                                  ----------

                           WEDNESDAY, APRIL 28, 2021

                                           U.S. Senate,
               Subcommittee of the Committee on Appropriations,
                                                        Washington, DC.

        The subcommittee met at 9:30 a.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chairwoman)
    presiding.
        Present: Senators Shaheen, Van Hollen, Moran, Murkowski,
    Hagerty, Collins, and Braun.

                    OFFICE OF THE U.S. TRADE REPRESENTATIVE

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. Good morning, everyone. Welcome to today's
    Commerce, Justice and Science and Related Agencies Subcommittee
    Hearing to review the activities and fiscal year 2022 funding
    priorities of the Office of the U.S. Trade Representative.
        We're especially pleased today to have Ambassador Katherine
    Tai with us, our United States Trade Representative. I look
    forward to hearing what you have to say and to hearing the
    questions that we have. So, welcome. Congratulations on your
    historic nomination and unanimous confirmation. I know that I
    speak for everyone on the subcommittee when I say that we're
    excited to have you testify on the topics of importance to the
    country and to all of our constituents.
        The Office of U.S. Trade Representative is responsible for
    developing and coordinating U.S. international trade,
    commodity, and direct investment policy, and overseeing
    negotiations with other countries. And I think it's no
    exaggeration to say that these responsibilities affect every
    American in every facet of our lives, from protecting American
    workers, helping American businesses thrive, and enhancing
    national security, to building a world with clean air and
    water, while preventing catastrophic climate change.
        In order for USTR to succeed, Congress and, in particular,
    this subcommittee, must ensure it has sufficient resources to
    carry out its important mission. And to that end, the fiscal
    year 2021 Omnibus Spending Bill included $70 million for the
    Office of USTR. While the President's initial fiscal year 2022
    request did not include a top line proposal for USTR, we look
    forward to learning more today about your funding requests.
        And while we consider these funding needs, it's important
    to consider the new administration's trade policies and
    strategy. In 2018 and 2019, the previous administration imposed
    a series of wide-ranging import tariffs the likes of which this
    country has not seen in years.
        The repeated use of tariffs, the crudest form of trade
    instruments, and the predictable tit-for-tat retaliatory
    tariffs that followed wreaked havoc on global supply chains,
    and, by extension, on too many businesses and working people in
    my State of New Hampshire, and throughout the country.
        New Hampshire's a small business State, but it's also an
    exporting State. And in a previous life as Governor of the
    Granite State, I personally led the first overseas trade
    mission to Europe, and that was followed by several others to
    bring more investment into the State and to help businesses tap
    into new export markets. People in my State understand what's
    at stake in trade negotiations.
        One small business I've heard from is Walkin' Pets, a 35-
    person pet supply company in Amherst, New Hampshire. The
    company signature product, a wheelchair for dogs, is produced
    in China, and is subject to tariffs. Now, the company believed
    that the tariff was a mistake on its business, so they retained
    a lawyer to help navigate the Byzantine exclusion process.
    Unfortunately, the company wasn't able to get an exclusion
    because of an imprecise classification.
        Now, after hiring a lawyer, and having braved the exclusion
    process, the company is still at square one, stuck with the
    tariff, and struggling to stay afloat.
        So, understandably, there is still a great deal of concern
    about the Section 301 tariffs especially now that, as of the
    end of calendar year, exclusions are no longer an option. I'm
    eager to learn more about your plans for Section 301 tariffs,
    and I'm pleased that in your confirmation hearing, you
    committed to further engagement of reunilateral action. You
    also committed to using all the tools at your disposal, not
    just more and more tariffs, to advance USTR's critical mission.
        In my view, taking a tough, but more thoughtful, approach
    will help level the playing field for American workers, while
    allowing the United States to once again set the rules of the
    road for global trade. Your successful negotiation of USMCA is
    proof positive that this is a winning playbook. Trade done
    right is a race to the top instead of a race to the bottom, as
    you know.
        Finally, let me conclude my opening statement by noting
    that I was very pleased that you used your first major policy
    address to embrace USTR's critical role in protecting our
    environment and addressing climate change. Trade policy, in my
    view, can't be divorced from environmental policy as our future
    prosperity is tied to tackling climate change.
        Ambassador Tai, we clearly have a lot to discuss this
    morning. I look forward to hearing your testimony, and the
    opportunity to engage with you and your thoughts about what we
    should be doing with respect to trade.
        So, thank you again for being here, and now I'd like to
    turn it over to my Ranking Member, Senator Moran, from Kansas,
    for his opening remarks. Senator.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Senator Shaheen, thank you very much for
    convening this hearing. Ambassador Tai, welcome and
    congratulations on your unanimous confirmation. I always
    wondered if I was nominated for something whether I could get
    my colleagues in total to vote for me, and I doubt that's the
    case, so congratulations. It's a significant accomplishment in
    this environment. And I certainly appreciate you being here.
    Thank you for the moment that we had to visit in the hallway.
        You're stepping into your role at USTR at a time in which
    trade policy and trade enforcement has arguably never been more
    important, and perhaps more challenging. The Trump
    administration pursued and effectuated an aggressive and
    sometimes untraditional trade strategy, and it now falls to you
    and others in the Biden administration to carry our trade
    policies forward.
        Due to their importance to my home State of Kansas, I'm
    very interested in USMCA, and the Phase One China Trade Deal. I
    always remind myself and my constituents that Kansas is
    dependent upon our exports, and our economic future rests with
    feeding and supplying the rest of the world. Trade and exports
    is how many Kansans make a living, and Mexico, Canada, China,
    and many other countries are very important to us, but those
    three are consistently at the top of our list.
        That's why I believe it's so important for us to ensure
    that these trading partners live up to their commitments
    codified in USMCA and in the Phase One Deal. This is the first
    USTR-specific hearing this subcommittee has held since these
    trade agreements were entered into, and I'm eager to receive an
    update from you about current compliance with those agreements.
        Ambassador, you're also inheriting the responsibility, as
    Senator Shaheen said, of managing a full suite of 301--Section
    301 investigations, including ongoing investigations into
    digital services, taxes, and overseeing active tariffs
    targeting billions of product. That is a significant challenge
    but a very important one for the outcome to our Kansas
    manufacturers and American manufacturers. In today's
    environment, a most common conversation I have with Kansans is
    about the expense of buying a home, and the expense of building
    a home, and the lack of supply chain in regard to lumber and
    steel.
        While those trade agreements are important, and tariffs
    Section 301 is a huge issue for you, I remain concerned about
    the harm that tariffs have caused to U.S. families, to
    businesses, farmers, manufacturers, and workers. This concern
    is what caused this subcommittee on a bipartisan basis to
    require--we did this during fiscal year 2019 Appropriations
    Bill--that USTR execute an exclusion process for all rounds of
    Section 301 China tariffs.
        I don't think that was a necessary expected outcome when
    the tariffs were put in place, but this subcommittee, in doing
    its work, insisted on an exclusion process, and we've lived
    with that exclusion process, its ups and downs, ever since. We
    continue to carry that requirement in all subsequent CGS
    appropriation bills, and I will continue to ensure that this
    direction is carried out as long as the China tariffs remain in
    place.
        I also believe that USTR ought to begin a process to
    consider renewing expired exclusions and restart the process
    for companies to apply for those exclusions. Ambassador Tai,
    you've already heard from me on this matter via a letter, and I
    look forward to working with you to ensure that businesses have
    continued opportunities to petition their government for relief
    from tariffs.
        In addition to the many legacy responsibilities that I've
    highlighted, I'm mindful that the Biden administration has also
    developed in its early stages of--and is in its early stages of
    pursuing its own trade strategies. As we consider USTR's
    funding needs for fiscal year 2022 during this hearing today,
    I'm looking forward to learning more about President Biden's
    trade strategies and priorities, and also a better
    understanding of what level of resources USTR requires to
    perform its growing responsibilities.
        To this end, Ambassador, I was surprised that the
    administration's, quote, ``skinny budget'' released on April 9
    contained no information about fiscal year 2022 request for
    USTR. I hope this omission is nothing more than a result of
    this year's budget development process, and not a reflection
    upon any suggestion that trade policy is going to take a back
    seat to other domestic administration priorities.
        USTR's mission and its pursuit of free and fair trade
    opportunities for U.S. businesses is a domestic priority, and I
    hope that the Biden administration continues to view it as
    such.
        Ambassador, I thank you for joining us this morning. I look
    forward to hearing your testimony today, and I, even more
    importantly, look forward to working with you in a very solid
    and, hopefully, valuable way for both of us for years to come.
    Thank you very much.
        Senator Shaheen. Go ahead, Ambassador.
    STATEMENT OF HON. KATHERINE TAI, AMBASSADOR, U.S. TRADE
                REPRESENTATIVE
        Ms. Tai. Thank you, Chairwoman Shaheen, Ranking Member
    Moran, and Members of the subcommittee for inviting me to
    testify before you today. It is a great honor to be here, just
    as it is a great honor to return to USTR and lead the dedicated
    public servants who carry out this agency's important mission
    on behalf of the American people.
        We are working hard to support the Biden-Harris
    administration's efforts to end the pandemic and recover from
    the economic crisis. The American Rescue Plan, passed by
    Congress, has already helped get shots in arms and money in the
    pockets of millions of Americans.
        While we're seeing the economic benefits of that quick
    action, more needs to be done. Our goal is not a return to the
    economy we had before the pandemic, but to seize this
    opportunity to set America on a strong and clear path to a
    competitive future. That's why President Biden proposed the
    American Jobs Plan that would make bold investments and build a
    better foundation for decades of economic growth and good-
    paying jobs for this generation of Americans and future
    generations.
        This is why USTR is developing and implementing what we are
    calling a worker-centered trade policy that complements and
    supports the domestic investments in the American Jobs Plan.
    The President's trade agenda will foster broad-based, equitable
    growth that increases innovation and enhances this country's
    competitive edge and--that's crafted with workers at the table.
        For the first time, we committed to using trade policy to
    address racial equity and to support underserved communities.
    Through thoughtful, sustained engagement and utilizing hard
    data, the Biden administration will develop a better
    understanding of how proposed trade policies affect all
    Americans as people and in their communities, especially
    communities of color. And we will consider those impacts as we
    make our policy decisions.
        As part of our whole of government approach, I recently
    outlined my vision for leveraging trade tools, and how USTR
    will enthusiastically embrace our responsibility to create
    opportunities to lead in creating new clean-energy technologies
    and new jobs, while averting an unfolding economic crisis and
    protecting our planet. We will meet this moment by working
    collaboratively with our trading partners, with Congress,
    underrepresented communities, and other key stakeholders to
    find creative solutions that create good-paying jobs and
    incentivize that race to the top.
        In my first conversations with my foreign counterparts, I
    have made clear that the United States will rebuild our
    international alliances and partnerships while reengaging
    global institutions.
        In just a few short months, USTR has already delivered
    results for American workers. In March, USTR announced a 4-
    month suspension of tariffs with both the United Kingdom and
    the European Union related to our long-running WTO dispute over
    certain large civil aircraft subsidies. This was a bold step
    towards finally resolving the issues that have impacted the
    U.S. industry and its workers.
        Earlier this month, USTR helped to resolve a significant
    dispute between two South Korean companies that make electric
    vehicle batteries in America. This settlement builds confidence
    in these companies' reliability and responsibility as suppliers
    to the U.S. auto industry, and it puts our country in a
    stronger position to drive innovation and growth of clean
    energy technology envisioned in the American Jobs Plan. The
    settlement is the type of trade policy that I believe we need.
    It supports a larger strategy for creating jobs and investing
    in innovation and manufacturing leadership by bolstering
    sustainable renewable energy supply chains, levelling the
    playing field, and discouraging regulatory arbitrage.
        As we continue to pursue the President's trade agenda, we
    will promote and defend our values of democracy, human rights,
    and economic opportunity in service of producing a more
    inclusive prosperity. USTR will be directly involved in
    assembling what the President has termed a united front of U.S.
    allies, and I will carry the strength and creativity of this
    agency into every room that I enter.
        I want to close by thanking the talented public servants at
    USTR for their sacrifice and professionalism during this
    unprecedented time. They have been tested in ways that we could
    not have imagined, but they have continued to rise to the
    occasion with determination and integrity. I am so proud to
    represent them here today and appreciate the robust support of
    this subcommittee. Thank you, and I look forward to answering
    your questions.

        [The statement follows:]
       Prepared Statement of Hon. Katherine Tai, Ambassador, U.S. Trade
                                 Representative
        Thank you Chairwoman Shaheen, Ranking Member Moran, and Members of
    the Committee for inviting me to testify before you today.
        It is a great honor to return to USTR and lead the dedicated public
    servants who carry out the agency's important mission on behalf of the
    American people.
        We are working hard to support the Biden-Harris administration's
    efforts to end the pandemic and recover from the economic crisis. The
    American Rescue Plan passed by Congress has already helped get shots in
    arms and money in the pockets of millions of Americans.
        While we're seeing the economic benefits of that quick action, more
    needs to be done. Our goal is not a return to the economy we had before
    the pandemic, but to seize the opportunity to set America on a strong
    and clear path to a competitive future. That's why President Biden
    proposed the American Jobs Plan that would make bold investments and
    build a better foundation for decades of economic growth and good-
    paying jobs for this generation of Americans and future generations.
        This is why USTR is developing and implementing a worker-centered
    trade policy that complements and supports the domestic investments in
    the American Jobs Plan. The President's Trade agenda will foster broad-
    based, equitable growth that increases innovation and enhances the
    country's competitive edge and that's crafted with workers at the
    table.
        For the first time, we committed to using trade policy to address
    racial equity and support underserved communities. Through thoughtful,
    sustained engagement and utilizing data, the Biden administration will
    develop a better understanding of how proposed trade policies affect
    all Americans as people and their communities, especially communities
    of color. And we will consider those impacts as we make policy
    decisions.
        As part of our ``whole-of-government approach,'' I recently
    outlined my vision for leveraging trade tools and how USTR will
    enthusiastically embrace our responsibility to create opportunities to
    lead in creating new clean energy technologies and new jobs while
    averting an unfolding economic crisis and protecting our planet. We
    will meet the moment by working collaboratively with our trading
    partners, Congress, underrepresented communities and other key
    stakeholders to find creative solutions that create good-paying jobs
    and incentivize a race to the top.
        In my first conversations with my foreign counterparts, I have made
    clear that the United States will rebuild our international alliances
    and partnerships while re-engaging global institutions.
        In just a few short months, USTR has already delivered results for
    American workers. In March, USTR announced a four-month suspension of
    tariffs with both the United Kingdom and the European Union related to
    the long-running World Trade Organization (WTO) dispute over certain
    large civil aircraft subsidies. This was a bold step towards finally
    resolving the issues that have impacted the U.S. industry and its
    workers.
        Earlier this month, USTR helped resolve a significant dispute
    between two South Korean companies that make electric vehicle batteries
    in America. The settlement builds confidence in these companies'
    reliability and responsibility as suppliers to the U.S. auto industry.
    And it puts our country in a stronger position to drive innovation and
    growth of clean energy technology envisioned in the American Jobs Plan.
    The settlement is the type of trade policy I believe we need: it
    supports a larger strategy for creating jobs and investing in
    innovation and manufacturing leadership by bolstering sustainable
    renewable energy supply chains, leveling the playing field,
    discouraging regulatory arbitrage.
        As we continue to pursue the President's trade agenda, we will
    promote and defend our values of, democracy, human rights, and economic
    opportunity in service of producing a more inclusive prosperity. USTR
    will be directly involved in assembling what the President has termed
    ``a united front of U.S. allies.'' And I will carry the strength and
    creativity of this agency into every room I enter.
    Conclusion
        I want to close by thanking the talented public servants at USTR
    for their sacrifice and professionalism during this unprecedented time.
    They have been tested in ways we could not have imagined, but they have
    continued to rise to the occasion with determination and integrity. I
    am proud to represent them today and appreciate the robust support of
    this committee.
        Thank you, and I look forward to answering your questions.

        Senator Shaheen. Thank you very much. I just want to, at
    the start, remind everyone that this is a hybrid hearing and
    that some of our colleagues may be joining remotely. So we're
    going to do our best to try and keep people informed of the
    order of questioning, but, as we know, that doesn't always go
    the way we hope. So, that's just a warning that--I'm going to
    ask Senator Moran to go first. He has a mark-up and another
    committee in a few minutes, and I know he wanted to ask some
    questions before he has to leave. So, Senator Moran.
        Senator Moran. Ambassador--Chairman, thank you for your
    courtesies. And Ambassador, I will return. I hope the mark-up
    of two bills of mine is non-controversial, and I'll be back
    shortly, because I do want to hear what you say in response to
    other Members' questions.
        Let me start with something you mentioned in your opening
    statement. I applaud you, Ambassador, for the goal of resolving
    the number of long-running trade disputes. Kansas is an
    aviation State. Those large aircraft--civil aircraft
    manufacturers call Kansas home, and we are very encouraged by
    the announcement that the tariffs related to WTO's dispute
    would be paused for a period of 4 months in order to create
    space for a negotiated settlement. We're about a month into
    that pause. Can you provide me with an update of the status of
    those discussions and the likelihood that an agreement would be
    reached during that 4-month period?
        Ms. Tai. I would love to engage with you on this question,
    Senator Moran. We are about a month into the 4-month period. I
    am very serious when I say that it is time for us to resolve
    these disputes. They've been going on for 16 years, and as you
    know, these disputes aren't born on the day that we file them.
    They come out of a couple years of incubation, as well, so,
    these are 20-year-old disputes.
        They're disputes between the United States and the European
    Union. We're both strong manufacturers in this industry, and
    we're both facing increasing competition from other parts of
    the world. We need to figure out how to resolve our differences
    in order for us to come together to meet the challenges that we
    have today, and that we will have tomorrow. And so, I am very
    committed, USTR is committed to making the most of this 4-month
    period to close out a chapter of our relationship and our
    tensions with the European Union.
        I have been in touch with my counterparts in both the
    United Kingdom and the European Union. Our teams are in touch.
    I am, at this point, very motivated and hopeful that we will
    get the traction that we need with our trading partners, and
    very much hope that they see this opportunity as I do, as one
    that we really need to seize to prove to ourselves and to the
    rest of the world that we can move on because we have to.
        Senator Moran. I'll take that answer as you are working
    hard to accomplish that goal, and you are hopeful to achieve
    that during that 4-month period. I wish you well.
        Ambassador, I don't know of any score card that's out there
    in regard to China's compliance with Phase One. How would you
    rate or grade the Phase One Agreement compliance? What has
    happened and what hasn't happened?
        Ms. Tai. Well, that's a very important question, and one
    that I know there's a lot of interest up here in the Senate, in
    the House, on the Hill, in general with stakeholders in our
    entire economy, and certainly one of the questions that is at
    the forefront of my mind coming in as U.S. Trade
    Representative.
        I would like to just take a step back and look at the
    contours of this U.S.-China trade and economic agreement. It
    has a number of parts. There's a lot of focus on the purchase
    commitments that China made as part of this agreement. There
    are also a set of rules related to intellectual property,
    financial services, services access, biotech approvals that
    China also committed to, and we are drilling down at USTR using
    the usual discipline that we have to look at the overall
    compliance picture, and to examine China's performance under
    this agreement in all of its component parts.
        What I would share with you right now, Senator Moran,
    because we are still in the middle of this review, is that the
    picture is more nuanced than you might think by just looking at
    the trade data. And so, I look forward to coming back to you
    with a better picture, and with a more clear sense for where we
    need to drive harder with our Chinese counterpart.
        Senator Moran. I think that's a fair answer for this point
    in your tenure at USTR, So, thank you. At least you know the
    importance it has, and it's good for you to remind me of not
    just the agricultural commodity purchases, which are hugely
    important to Kansas, but also those trade and intellectual
    aspects of the agreement as well.
        In the 30 seconds I have left, let me see if I can get an
    additional question in. Steel and lumber prices, they're at
    record highs. The Biden administration is proposing
    infrastructure investments. I assume that will increase the
    demand for those items. I'm thinking about the absence of
    softwood lumber agreement with Canada, and the associated
    tariffs, as well as the Section 232 tariffs on steel and
    aluminum. Where do negotiations stand with Canada on softwood
    lumber, and what's the administration further considering to do
    to increase the affordability of two very important components
    to infrastructure and housing?
        Ms. Tai. Well, on softwood lumber, let me say this. I think
    that it will always be a component of the conversation between
    the U.S. Trade Representative and her or his Canadian
    counterpart. In my initial conversation with my Canadian
    counterpart, Minister Ng of Canada, we did raise our bilateral
    issues, the longstanding ones especially. They're ones that
    require maintenance and care and attention. So, what I would
    say to you, Senator Moran, is softwood lumber will always be in
    my sights in the conversation with Canada.
        We have a lot of tools. We have traditionally used them
    robustly. I intend to continue to do so, and to continue to
    raise the concerns that we have. And try to engage our Canadian
    counterparts in some out-of-the-box thinking, on this issue and
    others, in terms of how we manage longstanding differences that
    we have that really make an economic impact for our
    stakeholders and our economy.
        The other question that you've asked is on the steel
    tariffs in particular. What I would say here is that we
    continue to have a global overcapacity problem that is
    distorting the international market. But what we have right now
    in the Biden administration is a team of people who are intent
    on looking for solutions that come through cooperation with our
    close partners and allies. So, on that, what I'd like to convey
    to you is I and others in the administration, including
    Secretary Raimondo at Commerce, are working hard on
    conversations with the Europeans in particular to examine how
    we address the problems that the 232 tariffs have raised in
    particular in our relationships, while keeping our eye on the
    overall steel and aluminum market problems that we really need
    others' help to address.
        Senator Moran. I wish you well, and I look forward to
    working with you.
        Ms. Tai. Thank you.
        Senator Shaheen. Thank you, Senator Moran. Hopefully,
    you'll be able to get back to join us. I should have announced
    when I pointed out this is a hybrid hearing that we will
    therefore take Members in order of seniority on the
    subcommittee so that--since we don't know who will have shown
    up first online.
        I want to follow up with Senator Moran's question about the
    Phase One Trade Deal with China, because I understand that the
    deal included the creation of Bilateral Evaluation and Dispute
    Resolution Office. Is that office up and running, and can you
    describe to us how you expect that to work?
        Ms. Tai. Well, thank you for the question, Senator Shaheen.
    I think the office is not a--it's a--I think it stands for a
    flow----
        Senator Shaheen. A process, maybe?
        Ms. Tai. Organization of process, thank you. Looking for
    that word. And so, we have had continued contact at the
    designated official's level to continue to push and examine
    performance of this agreement. Right now, we are looking at the
    agreement holistically through the lens of an overall China
    strategy.
        And so, what I would say to you right now is we are looking
    at the tools that we have across the board, in particular in
    this agreement. It is a tool that looks a little bit different
    from our other agreements or traditional agreements, but we're
    interested, as I will always say, open-minded and interested in
    out-of-the-box and new tools.
        So, I feel like the bottom line here. We are very focused
    on this agreement, which is the agreement that we have, and
    testing its utility, and maximizing our use of the tools that
    are included in this agreement.
        Senator Shaheen. So, once that process is up and running,
    do we expect companies and individuals to be able to actually
    make use of that process when they have a concern or dispute
    that they want to get negotiated?
        Ms. Tai. So, I would say that one of USTR's functions is to
    be open to, and we traditionally have been very open to the
    engagement with the public, with our stakeholders.
    Increasingly, we are trying to expand out the circle of
    stakeholders who are used to interacting with USTR. So,
    absolutely, our stakeholders are part of that process.
        Senator Shaheen. Right. And I understand that the Phase One
    Agreement also included a provision for USTR to meet every 6
    months with the Chinese Vice Premier. Is that--that meeting's a
    little overdue. Has that been scheduled?
        Ms. Tai. It has not yet been scheduled, Senator Shaheen. I
    will be having my first contact with my Chinese counterpart,
    which I'm looking forward to, at the right time, and I expect
    to be able to come back to you with an update in the near term.
        Senator Shaheen. Great, thank you. I want to go back to the
    301 tariffs on imported goods because, as I said, that has been
    a real concern that I've heard from New Hampshire businesses.
    So, can you give us any sense of how the administration is
    going to approach the existing section in the near term, and
    what your view is about how to use that authority?
        Ms. Tai. Senator Shaheen, I know very directly, and I know
    this as a strong fact, that the tariffs and the exclusion
    process really do touch a very wide swath of our economy, our
    businesses, both large and small. So, this is very much on my
    mind. At my confirmation hearing, Senator Portman asked me for
    a commitment which I was very ready to make. To undertake a top
    to bottom review on China, at USTR in particular. And he
    recommended it as something that he had done in his time as
    U.S. Trade Representative.
        So, the tariffs, this agreement, the exclusion process will
    be very critical parts of this top-to-bottom review, and I am
    looking forward to kicking it off and being able to come back
    to you with a thoughtful and strategic recommendation in terms
    of how we will proceed from there.
        Senator Shaheen. Well, thank you. Do you have any sense of
    how long this is going to take, your review?
        Ms. Tai. It is something that we are looking at in our
    design right now, and I do know that time is of the essence.
        Senator Shaheen. Okay, thank you. Well, and then, just to
    follow up a little bit on the exclusion process, which, as you
    know, has been very opaque. It's been challenging for companies
    to figure out. How do you expect to--will the review include
    that exclusion process, as well?
        Ms. Tai. Yes, it will.
        Senator Shaheen. Thank you. Let me now go to Senator
    Murkowski.
        Senator Murkowski. Ambassador, thank you. Appreciate it.
    You need to know that you were the subject of conversation in
    Kodiak, Alaska, this weekend. Everyone is pinning their hopes
    on our trade representative when it comes to seafood issues.
        So, I want to raise that with you. As you know, we've seen
    some good news for U.S. agriculture commodities, corn and
    soybeans, under the Phase One Agreement, but when it comes to
    seafood, the fact of the matter is China is not meeting those
    commitments.
        In 2020, its imports of U.S. seafood were below the 2017
    baseline, and yet at the same time, what we're seeing is that
    China is increasing their imports from other areas. Non-U.S.
    imports up 89 percent in 2019 compared to the 2017 baseline.
    Still up by 35 percent in 2020, despite the pandemic.
        So, the question that the fine folks in Kodiak had is,
    what's going on? Basically, what is happening? Why do we
    continue to see this shortfall by China in terms of its seafood
    purchases? Does USTR recognize what this is doing to our U.S.
    seafood competitiveness, and more importantly, how can we hold
    China accountable for failing on its commitments? And so, if
    you can please address this for me and for all these fishermen
    in Kodiak that are quite anxious about what we've seen.
        Ms. Tai. Senator Murkowski, thank you. I have been advised
    and informed of the excellence of the seafood product that is a
    hallmark of Alaska. I don't know that I've ever had the
    opportunity to experience the full aspects of what Alaska has
    to offer, but the reputation of Alaska's seafood precedes it,
    really. And----
        Senator Murkowski. You are invited, by the way, to come
    north.
        Ms. Tai. Thank you very much. I was definitely maybe a
    little bit fishing for that invitation. But----
        [Laughter.]
        Senator Murkowski. We will accommodate.
        Ms. Tai. The seafood is certainly in our sights in terms of
    the commitments that the Chinese made in this agreement.
    They're really, really important for a number of reasons.
    Economically, they're important to us, but they're also
    important as commitments that China undertook of its own free
    will to make, and that we need to ensure that their promises
    are worth the paper that they are written on.
        So, let me just assure you and the fishermen in Kodiak, I
    hear you loud and clear. And in our engagement with China on
    this particular agreement, we will need to engage with China
    across the board in our trade and economic relationship, but
    this is the agreement that we have, and this is the agreement
    that needs to stand up. So, please let your fishermen know that
    I care deeply about their livelihoods, about the integrity of
    this agreement, and that we will be making use of the tools
    that we have and really pushing the tools that we have on
    their--for their benefit.
        Senator Murkowski. Well, I appreciate that, and I'm
    probably not going to need to report back to them because
    they're probably watching this hearing, even though it's just 6
    o'clock in the morning. So, I appreciate that commitment, but
    again, you have pointed out this was part of their deal.
    They've seen fit to make better on their word when it comes to
    other products, but seafood is a glaring example of where they
    have failed. So, if we can just be aggressive in that area.
        Another area, in addition to our seafood, that has seen
    impacts because of tariffs is what we have seen with regards to
    some of our timber products. This is a part of the State that
    has seen particular devastation as a result of drop-off in
    tourism traffic, so the economy in southeast is really
    depressed right now. But they're also seeing the impacts of a
    25 percent tariff rate on Alaska spruce and hemlock. And under
    the Phase One Agreement, there was a waiver for the timber
    tariffs, but Alaska spruce exports to China, which is our
    primary buyer of spruce, flatlined over the past couple years,
    and the future is not very good. So, hoping that you can help
    us work through these tariff issues, as well, on the timber
    export side.
        Ms. Tai. Absolutely. I hear you loud and clear on the
    timber, as well.
        Senator Murkowski. Thank you. Thank you, Madam Chairman.
        Senator Shaheen. Thank you. I believe we have Senator Van
    Hollen on the line.
        Senator Van Hollen. Yes, thank you, Madam Chairman, and
    thank you, Madam Ambassador for your leadership. I have some
    questions on the solar panel tariffs that were imposed by the
    Trump administration. Back in 2018, they imposed tariff rates
    on the import of solar cells and modules, under Section 201.
    That was in addition to the preexisting duties that applied to
    these products. The tariff was set at over 30 percent, and then
    declined by 5 percent over the years.
        In 2020, so just last year, the Trump administration moved
    to increase the 2021 tariff from 15 percent, which it had come
    down to, to 18 percent. That's what it is today. These tariffs
    have hit workers in Maryland hard, especially in the clean
    energy industry, costing us many jobs. People laid off because
    solar panel installers were no longer able to do it at a
    competitive price, and nationally, according to the Solar
    Energy Industries Association, these Trump tariffs have cost
    62,000 American job opportunities.
        The Biden administration, as I understand it, you've said
    is going to be reviewing these tariffs. This one is scheduled
    to expire in February of next year, and I listened carefully to
    the President's statement about jobs and clean energy jobs here
    in the United States. Have you heard and looked at the reports
    of how those solar panel tariffs have hurt jobs here in the
    United States?
        Ms. Tai. Thank you, Senator Van Hollen. The issue of the
    solar tariffs are very much on my mind, both in terms of the
    impacts and the dilemmas that they present to our economy right
    now, and the different stakeholders in our economy specific to
    the solar tariffs, the role that solar panels play in a future
    where we are running cleaner energy, but also for me, the story
    of the solar panel industry in the United States really gets at
    a fundamental issue that we need to confront in our competition
    with China.
        First thing that I'd like to say is Section 201 is--and
    this particular Section 201 set of tariffs, were sought by an
    industry here in the United States, so that there are producers
    who petitioned for relief from the United States Government.
    And today, we have a sole producer left in the United States
    for solar panels, when 10, 12 years ago, we had quite a few in
    this burgeoning industry. Given the role that we think these
    types of products are going to play, it's actually a very sad
    story that we are in right now, where we are struggling with
    the application of these tariffs that are meant to save maybe
    the last producer that we have here in the United States.
        And so, stepping aside a little bit, what I would say is
    that I recognize the nuance and the complexity that is
    presented by the solar tariffs question in particular. I do
    want to raise the profile of the overall, bigger picture so
    that we don't lose it, which is if we don't keep our eye on the
    ball, we will continue to experience these types of fights over
    the last scraps of an industry that we have lost to a
    competitor, and in particular to the Chinese.
        It is a pattern that we see over and over again. I will say
    that steel and aluminum are a leading contender here, solar.
    And we can see where this pattern will play out again and again
    if we are not ready to anticipate the loss of industries to
    anti-competitive practices and massive subsidies that are
    coming from our biggest competitors.
        Senator Van Hollen. Right. Madam Ambassador, I appreciate
    that, and you know, my time is running out. I--we all--I
    strongly support the American Jobs Bill, and we need to be
    investing a lot more in developing these capabilities here at
    home, but that should not come right now at the cost of
    thousands and thousands of jobs in Maryland and other places
    with respect to installing solar panels. We should be able to
    do two things at one time. You know, the president has talked
    about his clean energy goals. These tariffs have resulted in
    the equivalent of seven coal plants, or five point five million
    automobiles being put back on the road because of the fact that
    the solar panel installation industry was made less competitive
    here at home.
        So, we have big issues that you mentioned, in terms of our
    own domestic capacity, but we should not do one at the cost of
    the other. We need to make those investments here at home, but
    not be harming those who are trying to make people's homes more
    efficient.
        So, Madam Chairman, I see the time is up. I am going to
    submit some questions for the record with regard to the
    enforcement of the USMCA, and I look forward to your responses
    in writing. Thank you, Madam Ambassador. Thank you, Madam
    Chairman.
        Senator Shaheen. Thank you, Senator Van Hollen. Senator
    Collins.
        Senator Collins. Thank you, Madam Chairman. Ambassador,
    welcome. The Maine lobster industry has been hard hit by the 25
    percent retaliatory tariff that China imposed on the U.S.
    lobster industry in 2018. The Phase One Trade Agreement between
    the U.S. and China was a first step toward regaining Chinese
    market share, and indeed inspected growth--expected growth in
    that market share. Before the tariff, China was the second
    largest importer of U.S. lobster, purchasing $128 million worth
    in 2017. During the first month under the new tariffs, however,
    live lobster exports to China declined by 64 percent, and
    indeed, one lobster exporter in Maine saw a 90 percent decrease
    in exports to China.
        Your predecessor made real progress by securing a
    commitment from the Chinese to match or exceed their pre-tariff
    purchase levels. And at first, there really was progress under
    the agreement. We saw sales to China start going up. But now
    that's not carried through into this year, into 2021. And
    currently, the totals are nowhere near the promised purchase
    levels or the pre-tariff levels.
        What steps is the administration planning to take to ensure
    that China lives up to its promise and its purchase agreements
    that it made in the Phase One Agreement?
        Ms. Tai. Senator Collins, thank you for that. The lobster
    exports from Maine and from the United States are very much at
    top of mind given the strength of our industry in our ability
    to supply other markets. And I'm very aware of the story of the
    hit to our exports, and then the hope and the promise that the
    Chinese have made.
        What I would say to you is that, with respect to the
    purchase commitments that the Chinese made in the U.S.-China
    Trade Agreement, we are in the process of examining their
    performance, and are scrutinizing all of the aspects of what
    they have done, and what they have yet to do, and what they
    have not done at the levels that they promised.
        Your raising it with me here today is one of the most
    powerful ways of showing how much of a priority these promises
    and China's ability to keep them are to us in managing our
    relationship with China. So, I would like to assure you that
    this is going to be--is a priority as we are examining
    performance and will be a priority for us as we examine our
    options for engagement with China and all of our enforcement
    options.
        Senator Collins. Thank you. As a result of the worldwide
    Section 232 steel and aluminum tariffs, which my colleagues
    have all mentioned today, the European Union is said to double
    retaliatory tariffs to 50 percent on certain imported products,
    including recreational boats, on June 1st. This would have an
    adverse impact on boat builders in the State of Maine. Is the
    administration working with the UE to prevent this increase
    from taking place?
        Ms. Tai. Senator Collins, yes, across the board on Section
    232, this administration is committed to working on the larger
    issue of the global overcapacity and glut in steel and aluminum
    production capacity, but with our allies, in particular, with
    the European Union. So, we are engaging with our European Union
    counterparts that is from my perspective and also, I know
    Secretary Raimondo at the Commerce Department. And the point, I
    think, is that we find ways to work together with allies like
    the European Union on an overall problem that we actually
    share. So, yes, my bottom line answer is yes, we are working on
    this.
        Senator Collins. Thank you. And I only have 5 seconds left,
    so I will submit my rest of my questions for the record. But
    let me just say that I agree with my colleagues on the need for
    there to be a negotiation with Canada to renew the softwood
    lumber agreement. We've seen lumber prices go sky high. We
    obviously prefer domestic sources, but when domestic sources
    can't meet the demand, as is the case right now, and prices are
    so high, we desperately need a new agreement to be negotiated
    so that we're not involved in imposing under failing and anti-
    dumping duties on Canadian softwood lumber imports.
        We want Canada to play by the rules, but we need a new
    agreement. So, I just wanted to reinforce what my colleagues
    have said, and I'll submit my question for the record. Thank
    you, Madam Chairman.
        Senator Shaheen. Thank you very much, Senator Collins. And
    let me just add my voice to Senator Collins with respect to
    lobster. That is--we don't have as many in New Hampshire as
    Maine does, but it is also an issue for us, and we have seen a
    devastation in the market from companies that were sending
    lobsters to China. And that market doesn't exist anymore. So,
    Senator Hagerty. Oh, no. I'm sorry. Do we have anybody online?
    So, Senator Hagerty.
        Senator Hagerty. Well, Chairman Shaheen, thank you very
    much for holding this hearing. And Ambassador, I want to
    congratulate you. Your reputation is excellent. We've talked
    about that, and I look forward to working with you. I also want
    to thank you for the negotiations you undertook with SK and LG
    in electric batteries. Tennessee is an automotive-producing
    State. We're at the cutting edge of automotive production, and
    having that capacity nearby is going to be absolutely critical
    for us to move into the next stage of automotive excellence.
    So, I applaud the actions that you've taken. It's going to have
    a very significant impact on the supply chain that's so
    critical to the automotive industry in our State.
        I'd like to talk about another industry, though, that's
    critical to our State. You know that I'm from Tennessee, and
    I'm sure you're not going to be surprised at this question. But
    as my colleague, Ranking Member Moran mentioned, there's been a
    4-month hiatus that's taken place to negotiate between
    airlines, aircraft frames. There have also been a number of
    beverages included in that hiatus on those tariffs. But what's
    missing is American whiskey. American whiskey remains subject
    to a 25 percent tariff, and that tariff is going to go up to 50
    percent in June if something isn't done about it.
        American whiskey is critical to Tennessee's industry. More
    important, it's critical to our brand as a nation. I think you
    could go anywhere in the world, and ask people about my home
    State of Tennessee, and they could tell you that whiskey is a
    big part of our culture. People abroad aren't going to be able
    to buy our whiskey at a 50 percent tariff rate, so I'm
    interested in what you'll be able to do to take on the problems
    of American whiskey being taxed at 50 percent.
        Ms. Tai. Senator Hagerty, you are--it's very nice to see
    you in person, and you're right. Whiskey, bourbon from
    Tennessee--Kentucky, also, I know is a big producing State--are
    very much on our minds, and we hear from these stakeholders
    directly about their concerns from these EU retaliatory
    tariffs.
        What I would share with you is this. So, first, I want to--
    I want you to know I think a lot about this, and we are working
    on this. But let me just frame this up a little bit in terms of
    the tariffs that the Europeans have on our whiskey, which is
    they're part of the Section 232 suite of tariffs. This is where
    we are, and this is actually, in terms of enforcement, using
    tariffs for enforcement, this is actually the logic for how
    they're supposed to work. We impose them, our counterparts,
    when they have the right, will impose them back. And it's not
    for the sake, usually, of just hitting each other with tariffs.
    It's usually to motivate the two sides to get at resolving the
    issue.
        In the case of the 232s, the issue that we need to resolve
    is the global overcapacity problem. And so, here I'm using a
    slightly different set of words and tact to convey to you, but
    the same message, that we really do need to work with others,
    especially the European Union, on the overall steel
    overcapacity problem. And so, what I am hoping is that they see
    that problem, and they see it to be as serious a challenge to
    our ability to produce and compete in steelmaking as we see it,
    and that, working together, we will be able to resolve these
    sets of tariffs so that we can join forces on the bigger
    picture.
        So, that's how I'm approaching these conversations. I know
    that there are others in the administration who are working on
    this, as well, and we will be working together to get at more
    effective solutions to the problems that we have.
        Senator Hagerty. As you can imagine, I don't want Tennessee
    whiskey or Kentucky bourbon to be a casualty of this. Certain
    beverages have been included. Others have not. I'm not certain
    the logic of how one was chosen, the other was not, but our
    situations are similar. In fact, maybe even more important
    given the identity associated with Tennessee whiskey and our
    brethren in other States, and it's critically important to our
    State. So, I appreciate your attention to that.
        I'd like to turn, if I could, to the role that you play
    with the World Trade Organization and talk about something that
    has deeply concerned me and I'm sure many Members of the
    subcommittee. And that's the way China is treated at the WTO.
    They enjoy preferential treatment. They take on weaker
    commitments, and they've done a very good job of doing this in
    a number of multilateral organizations. I'm sure you're aware
    of the disparate treatment that they receive, and I would be
    very interested in hearing your thoughts on that, and what we
    might be able to do about rectifying the situation.
        Ms. Tai. Senator Hagerty, I know I'm running out of your
    time, so let me try to be succinct here. It is very concerning,
    the rules at the WTO that allow for countries to designate
    themselves as developing and to allow them to have
    dispensations from the rules, and this is something that we
    will continue to work on at the WTO, and work with others on.
    We are making some progress, and I am hopeful that we will be
    able to make a difference at the WTO.
        Senator Hagerty. If I can help in any way, I know some
    other nations that I think feel the same way we do, and I'd be
    happy to work with you on that.
        Ms. Tai. Thank you.
        Senator Hagerty. Thank you. Thank you, Ms. Chairman.
        Senator Shaheen. Thank you, Senator Hagerty. And I just
    want to clarify something. The Ambassador is not suggesting
    that there is an oversupply of whiskey in the world, are you?
        [Laughter.]
        Ms. Tai. I'm sorry if I--that wasn't clear. Okay.
        Senator Hagerty. I got it.
        Senator Shaheen. Just wanted to clarify that.
        Senator Braun. Nobody would complain.
        [Laughter.]
        Senator Shaheen. Senator Braun.
        Senator Braun. Thank you, Madam Chair. Good to be talking
    with you. Indiana is a top steel-producing State in the U.S. As
    a result of repeated surges in steel imports, the Trump
    administration implemented Section 232 tariffs, which helped
    kind of stabilize the domestic steel industry, allowed steel
    makers to invest billions of dollars in new facilities and
    upgrades to existing mills. I think nearly half of the world's
    excess steel capacity is housed within China. These efforts
    saved thousands of jobs.
        As you know, the tariffs are designed to protect against
    that global overcapacity, and you've got some anti-market
    policies that go along with the glut, so it really creates a
    condition to where you can get predatory actions that don't
    play by the rules necessarily.
        I know that a number of foreign governments are pressing to
    have the tariffs lifted, but I remain concerned, because I
    don't know that any of the underlying practices are going to
    change, and I think certainly that capacity's going to be
    there. Very tempting to try to use it. What assurances can you
    provide that the Biden administration will preserve the steel
    tariffs program to prevent a new surge of imports, and to use
    it as a tool until you see real change happening within the way
    the Chinese handle this excess capacity?
        Ms. Tai. Senator Braun, that is a really critical question
    because the 232 tariffs are very much on everyone's minds,
    because of the tariffs themselves, and also because of
    retaliatory actions that our trading partners have taken,
    including on Tennessee whiskey, as we just heard from Senator
    Hagerty.
        I want to assure you that I understand, see and fully
    accept that there is a global overcapacity problem with the
    steel market, and that the tools that have been used, the 232
    tariffs, have had an impact on steel production here in the
    United States, a positive one. But they have also carried with
    them costs. And so, for the Biden administration, as the U.S.
    Trade Representative, my focus is to figure out how we improve
    and the effectiveness of the tools that we use in support of
    American steelmaking, but to try to address some of the
    unintended consequences, I think, in terms of the frictions
    that this has generated with our trading partners.
        And so, solutions that we come to with our trading
    partners, I believe, in my core, really have to address the
    larger issue around the overcapacity in the market.
        Senator Braun. In your conversation with Senator Van
    Hollen, you said keep your eye on the ball. Be watchful. Cited
    maybe other industries. Steel is so important to Indiana. What
    would be the top two or three, in order of concern, other
    industries that you think we can have similar issues dealing
    with the Chinese?
        Ms. Tai. Senator Braun, I want to be careful here in terms
    of prioritizing because all of our industries, they're like our
    children. They're important. They're important to all of us.
    But let me say this. I think that if you look at trend lines in
    industrial sectors, and you also look at the ambitions and the
    policies that China has put forward in its plans, made in China
    2025, its 13th 5-year plan, 14th 5-year plan, you can mark and
    see where trends are going to go. And so, some of them are
    because of overcapacity. Some----
        Senator Braun. Could you name a few, not necessarily
    putting them in order that you might be concerned with?
        Ms. Tai. I can provide a couple examples. I think that we
    also see with cement, for example, that there is domination by
    China in the global market. Vitamin C, actually, had been a
    subject of an international antitrust case here in the United
    States, getting at the Chinese market dominance in this area.
    So, those are a couple examples that have been around, and if
    there are others, and this is of interest to you, I'd be very
    happy to continue this conversation with you.
        Senator Braun. Thank you.
        Senator Shaheen. Thank you very much, Senator Braun.
    Ambassador, we don't have anyone currently on the line or any
    other people in the queue, but I have some more questions, so,
    I'm going to do a second, maybe a third round here.
        I want to go back to climate change, and to your remarks. I
    mentioned this in my opening statement. I was very encouraged
    by the--your comments around climate change in your Earth Day
    policy speech, and one of the things you talked about, you
    said--and I think I'm quoting you accurately--is that, ``Our
    trade system itself creates an incentive to compete by
    maintaining lower environmental standards, or worse yet, by
    lowering those standards even further.''
        Given the President's recent announcement about further
    slashing our greenhouse gas emissions by 2030, and the
    commitment of the Biden administration to climate change, can
    you talk a little bit about how you see trade policy helping us
    to address climate change?
        Ms. Tai. I would be delighted to, Senator Shaheen. As I
    discussed some in those remarks, we have wanted to expand out
    the disciplines in our trade agreements, in our trade policies,
    in our trade conversations beyond tariffs and these border
    rules. And we have done so very successfully in a number of
    areas. If you look at the WTO agreements, it evolved from the
    general agreement on tariffs on trade to get at other types of
    issues that impact trade.
        But even in the WTO agreements, despite a very bold and
    really poetically written preamble that talks about standards
    of living, full employment, and the preservation of our natural
    resources for a sustainable economic future, there aren't any
    disciplines there. And I think that what is really important
    about the moment that we are in right now is here in the United
    States, we have made tremendous progress from 25 years ago,
    where our trade agreements, as a matter of course now, on a
    bipartisan accepted and supported basis, include labor and
    environment provisions. Full chapters that indicate that the
    terms of worker protections and environmental protections,
    these are economic issues. They impact the terms of trade. They
    impact how our economy is run.
        And we've made a lot of progress just in the last 4 years,
    in terms of building out enhanced rules, enhanced enforcement
    mechanisms, to ensure better terms of competition in terms of
    worker protections and labor as an input into our economy.
        Now is really the time to focus on increasing and
    improving, building out these environmental provisions, because
    it is very clear to the world right now that climate and the
    environment are not just policies in and of themselves for
    their own goods, but they're also public health policies, and
    then more fundamentally, they are economic policies. They are
    going to be critical to our ability to be the strong economic
    power that we are so used to, and so lucky to have been. And
    they're going to be critical to our ability to compete and lead
    as we go into the next decades of our future.
        Senator Shaheen. Well, I think one place where the
    importance of trade agreements in addressing that was USMCA,
    and your involvement in, I think, and Democrats' involvement in
    trying to improve that agreement were significant. It's
    something that we pay a lot of attention to in New Hampshire,
    because we do a lot of trade with China and with Mexico. And
    one of the real concerns as the first phase of--the first draft
    of that agreement was rolled out was the lack of those
    environmental policies that meant that we were not competing on
    a level playing field.
        So, can you talk about how you see USMCA now actually
    implementing some of the climate opportunities that we have as
    we're looking at trade?
        Ms. Tai. Well, I really appreciate this question. USMCA
    does actually have, and I think it does set the bar right now
    for the environmental provisions in our trade agreements. And
    while there isn't explicitly built out climate provisions,
    there are a lot of provisions in here that do impact the
    climate, chief among them, conservation provisions, enforcement
    provisions that are intended to enhance our enforcement and our
    coordinated enforcement against trade in illegally harvested
    timber, illegally taken wildlife, and all of these do impact
    the climate.
        So, I think that USMCA is an important base to build off
    of, but we shouldn't be afraid to be more bold, and to demand
    more from our trading partners, given that environmental
    issues, like our health issues, are ones where we are actually
    need to be working with others in order to make a difference
    for ourselves and for the world.
        Senator Shaheen. And so, are you feeling pretty confident
    if there are disputes that exist that the mechanisms that are
    there to try and resolve those will be able to work?
        Ms. Tai. That's a great question. I so appreciate that
    you've asked me this question. My view is that we did our very
    best to put in the most effective tools for enforcement that we
    know how. And they may not be perfect, but we're not going to
    know how effective they're going to be if we don't use them.
        And so, I am very committed. I am not afraid to use the
    enforcement tools. Some of them are cooperative, some of them
    are more confrontational, some are a mix, but I really think
    that in order to do the USMCA justice, and in order to do the
    partnership that we've renewed with Mexico and Canada, give
    them the respect that they deserve, we need to use all of these
    tools to see if they work. And then improve them, and improve
    our use of them, because that is the point of doing a trade
    agreement. It's not to put it on the shelf and look at it. It's
    to make sure that it works.
        Senator Shaheen. So, we don't have any examples yet of
    using the dispute resolution mechanisms to see how companies
    are responding to that?
        Ms. Tai. We do have one example. Actually, there are two
    examples of where USTR has initiated the first steps in an
    enforcement tool. So, the first one was done under the Trump
    administration by Ambassador Lighthizer. He requested
    consultations with Canada on dairy.
        And the other initiation we undertook earlier in, I think
    it was late March or early April, we activated a customs
    verification cooperation agreement that we have with Mexico,
    seeking information from Mexico, Mexican customs, on leads that
    we have that there is illegal wildlife or timber traffic that
    is happening through the Mexican ports, and we are expecting to
    hear back from Mexico on that soon.
        But absolutely we have taken the first steps, and we will
    continue to make sure that we've used every one of the tools
    that we have.
        Senator Shaheen. That's good to hear. I look forward to
    hearing more about how those mechanisms are used, and how, I
    don't think pleased is the right word, but how companies feel
    after they've had a chance to use those.
        The other concern that I've heard from New Hampshire
    companies about with respect to USMCA, and again, they were
    very pleased when it got done, but one issue has been the de
    minimis thresholds, which of course, those are very important
    for small businesses that export. In New Hampshire, most of our
    businesses are small, so they are paying real attention to
    what's happening there.
        Can you talk about what USTR is doing to ensure that Mexico
    is following the agreement when it comes to de minimis
    thresholds?
        Ms. Tai. Absolutely. I was going to say that I would be
    happy to remind my Mexican and Canadian counterparts how
    disappointed stakeholders are in the United States with where
    they were willing to commit themselves on, their de minimis
    thresholds. But with respect to Mexico, let me say this. There
    are a number of concerns that we have with Mexico's performance
    of its commitments under USMCA.
        I want to recognize here, maybe a little belatedly, and
    this probably applies to our review of our own performance, but
    also the performance of our trading partners under our
    agreements. The last year has not been a normal year, and I do
    want to recognize that COVID-19 has impacted all of us in lots
    of different ways.
        So, my conversations with Mexico. I am very cognizant of
    the challenges that they are facing, just as we are facing
    challenges. But that doesn't stop us from wanting to make sure
    that trade is still happening and that promises are being
    fulfilled. So, I have raised bilateral issues that we have with
    Mexico. My counterpart in Mexico, Secretary Clouthier, she was
    not shy about raising Mexico's concerns about what we are doing
    here in the United States.
        On USMCA, I am looking forward to a free trade commission.
    This is sort of the annual get-together to review performance
    and to take care of the agreement. We will be setting that up
    in the coming weeks, and I will be happy to report back to you
    after that takes place.
        Senator Shaheen. Well, thank you, and thank you for adding
    Canada to that, because obviously Canada is also an issue. I
    had the opportunity several years ago to raise the--our
    concerns about their de minimis thresholds with the foreign
    minister, and he was very responsive. I think when he got back
    to the government, they were less so. So, I do recognize that
    this is an issue in both participants with USMCA.
        Finally, I just want to ask how the pandemic has affected
    your agency's operations. I know it's really been hard on
    everyone. And are there costs that the agency has incurred that
    we should be paying attention to as we're looking at the budget
    that's presented both by the administration and as we're
    thinking about what we need to do for the next year?
        Ms. Tai. I so appreciate that question, because, being a
    returnee to USTR, and having spent some very formative years
    there, I care very much about the people who make USTR work,
    and what I would say in terms of the costs of the pandemic, I
    would say that the costs are probably more to morale and more
    personal, in terms of the uncertainty and in terms of the
    difficulties that it has imposed on people.
        And, you know, workers at USTR are not alone. I know that
    for families with children, especially young children, for
    colleagues who are single, that they are some of the ones who
    have been hit the hardest by the reality of needing to work
    through the pandemic. So, what is interesting is as we look at
    the USTR as an agency, and the impact of the pandemic, what I
    would say is mostly it's that we have not spent our funds at
    the rate that we expected because of pandemic restrictions, and
    because we are placing the health and safety of our colleagues
    and those of our counterparts really at the priority of what we
    are doing.
        So, that's probably my message to you in terms of the
    pandemic's impact on USTR, which is most of our budget is
    dedicated to travel and to personnel. We are a small but mighty
    machine, and in a pandemic, it is hard to travel, and unsafe.
    And it is also hard to replace personnel and recruit personnel.
    So, those are probably the largest impacts of the pandemic that
    I have to share with you.
        Senator Shaheen. Well, I hope you will stay in touch with
    this subcommittee as you're continuing to work on your budget,
    because the more information we have, the better job we can do
    in trying to address what your needs are.
        Ms. Tai. Understood.
        Senator Shaheen. Senator Moran.
        Senator Moran. Chairman, I know you're disappointed that I
    made it back, but----
        Senator Shaheen. Oh, I'm so glad. I was out of questions.
        Senator Moran. Thank you very much for--again for
    conducting this hearing. Ambassador, thank you for being here.
    Let me go back to a topic that I raised with you in my earlier
    questions and in my opening statement.
        I mentioned to you that I have joined 39 of my Senate
    colleagues, so 40 of us have written to you urging that you
    restart the exclusion process for imports from China, subject
    to tariffs under Section 301. Again, this subcommittee on a
    bipartisan basis led the effort to persuade the prior
    administration to set up exclusion process. I'm not sure that
    was their intention when we started that effort, and I remain
    in my strong belief that Americans ought to continue to have
    that opportunity to petition their government for relief from
    tariffs. The question is more specific. Do you agree with that
    sentiment? Do you agree with me that Americans should continue
    to have that opportunity to find exclusions under Section 301?
        Ms. Tai. Senator Moran, I would say that in general, yes, I
    do agree. And I don't want to raise any consternation here, I
    just want to be--have the opportunity to fill in a little bit.
    At my confirmation hearing, Senator Portman, who I believe is
    also on that letter, had asked me to commit to a top-to-bottom
    review at USTR, and he really recommended it to me as something
    that he had done when he was USTR. And this is a top-to-bottom
    review specifically on China.
        And at the time when Senator Portman was U.S. Trade
    Representative was 2005, 2006, China had been in the WTO for
    about four or 5 years, and it was actually I think a really
    excellent idea to do that top-to-bottom review and to think
    strategically about that particular relationship.
        Well, it's 2021 now, and we are in a different place in our
    own economic history and in our relationship with China. And
    certainly, China has changed a lot since that last review was
    done. So, I very readily committed to Senator Portman to
    undertaking a top-to-bottom China review at USTR, and we will
    be looking at the full picture, but the tariffs themselves we
    will be looking at, as well as the exclusion process.
        And part of that will also be reviewing how the exclusions
    were done before, the logic behind the tariffs, the logic
    behind the exclusions, and so, my answer to you is I am very
    interested in this. I'm very interested in how we make our
    trade policies across the board more effective and more
    strategic. I think that every challenge is also an opportunity,
    that Ambassador Lighthizer has presented me with many
    opportunities, which I am embracing, and I would like to build
    on the gains that we have made over the past many years and
    make our trade policy work better.
        So, this question about the tariffs and the exclusions I
    know are on the minds of many, and are very consequential to
    stakeholders large and small, and we will be undertaking this
    responsibility with that sense of gravity.
        Senator Moran. Do you think you can complete that review
    and make a decision, and if it is to have an exclusion process,
    that that exclusion process can be in place before
    circumstances are such that the damage is being done to--
    particularly to American manufacturers?
        Ms. Tai. I want to convey to you that I am keenly aware of
    how much time is of the essence, in particular in this current
    economic environment.
        Senator Moran. We're delighted to have you here so early in
    the appropriations process, but it gives you the opportunity to
    defer to a point in time in which you have the opportunity to
    have reviewed, which is not what I'm really complaining about,
    only smiling about. So, we'll be back in touch.
        Let me ask one more question. This was in regard to Mexico
    and USMCA. The president of Mexico recently issued a decree
    that would ban glyphosate and biotech corn in Mexican diets by
    2024. This announcement comes on the heels of Mexico also
    imposing certain regulatory barriers to agricultural imports,
    their approval. These actions threaten to cause significant
    trade disruption, undercut the commitments our nations just
    agreed to in USMCA. My question is, are you aware of these
    issues, and can you--if so, can you provide me with an overview
    what USTR intends to do or plans to do in addressing them?
        Ms. Tai. I'm very aware of these issues, and I have raised
    them with my Mexican counterpart, just as I raised our Canadian
    issues with my Canadian counterpart. I just conveyed to Chair
    Shaheen that there will be a Free Trade Commission convening
    under the USMCA in the next few weeks, and that will give us an
    opportunity to--at my level, to again raise concerns. But I
    want to let you know that I am committed to using all the tools
    that we have in the USMCA toolbox, and there are a lot. And
    there are some of them that are new, and these issues are
    absolutely on a fairly full radar of areas and concerns that we
    are hearing from Senators, from the stakeholders themselves
    about how the agreement is not operating the way that we would
    like it to.
        So, we have our teams that work on this day in and day out.
    We are looking at it in terms of what our options are to
    resolve these issues soon, and also what other options are if
    we're not able to resolve them in the near term.
        Senator Moran. Ambassador, thank you for your answers. I've
    been impressed by you and the answers as well as the future
    answers I expect to get. So, thank you, thank you very much for
    your leadership.
        Ms. Tai. Thank you.
        Senator Shaheen. Thank you, Senator Moran, and we can
    always invite Ambassador Tai back, so, I think we should assume
    that.
        Senator Moran. I appreciate you saying that, and welcome
    that opportunity.
        Senator Shaheen. Thank you. Well, I also want to thank you
    very much, Ambassador, for your appearance here, for your
    testimony, and for your willingness to work with the
    subcommittee, and Members of Congress on the challenges that we
    face going forward with trade.

                         ADDITIONAL COMMITTEE QUESTIONS

        If there are no further questions this afternoon, Senators
    may submit additional questions for the subcommittee's official
    hearing record. We ask that USTR respond within 30 days of
    receiving those questions, and the subcommittee will stand in
    recess. Thank you.
        [The following questions were not asked at the hearing, but
    were submitted to the U.S. Trade Representative for response
    subsequent to the hearing:]
                Questions Submitted to Ambassador Katherine Tai
                  Questions Submitted by Senator Patrick Leahy
     a review of the activities and fiscal year 2022 funding priorities of
                  the office of the u.s. trade representative
        Question 1. On March 30, I sent a letter to the President, with
    Senator Tillis, requesting that the administration prioritize the
    appointment of critical intellectual property officials, including the
    Chief Innovation and Intellectual Property Negotiator at USTR. As noted
    in that letter, IP-intensive industries are poised to continue to be an
    engine for growth during this time of economic recovery, which is why
    focusing on promoting and protecting IP-related jobs and economic
    output must be a key priority. Unfortunately, this position at USTR has
    not been filled since its creation in 2016.

        1a.  Do you agree that filling the position of Chief Innovation and
    Intellectual Property Negotiator at USTR must be a priority for the
    Administration?
        1b.  Does the administration intend to put forward a nominee for
    this position? If so, when do you expect the nomination will be sent to
    the Senate?

        Answer. As you note, the Chief Innovation and IP Negotiator
    position has not been filled since it was created by Congress. The
    issue of intellectual property is one where there are strong views on
    both sides, and I will keep that in mind as we consider the path
    forward for filling it.
                                     ______

                Questions Submitted by Senator Joe Manchin, III
        Question 1. For decades, the world's biggest companies have flocked
    to the United States, attracted by our skilled workforce, expansive
    consumers and legal protections. These companies have created millions
    of good American jobs and revitalized many communities, especially in
    rural States like West Virginia. According to the recent government
    data, international companies created 80 percent of all new U.S.
    manufacturing jobs from 2013 to 2018. The Toyota plant in Buffalo, West
    Virginia employs over 2,000 West Virginians in Putnam County. There,
    Toyota continues to provide the economic engine for the area.
    Nonetheless, the United States runs a trillion-dollar annual trade
    deficit because it has lost most of its manufacturing industries.
    Although we created all the industries of the digital age, they have
    predominately migrated overseas.

        1a.  What opportunities do you see for new manufacturing jobs in
    the United States?
        1b.  How do we ensure that our trade policies benefit economically
    depressed and rural areas?
        1c.  How can we ensure that manufacturing jobs do not get
    offshored?

        Answer. The Biden-Harris Administration believes a strong U.S.
    manufacturing base is critical both for U.S. national security and a
    strong recovery from the COVID-19 shock. The new investments in both
    U.S. infrastructure and the U.S. industrial base will be critical to
    creating the new manufacturing jobs the United States needs.
        The American worker is at the center of the Biden Administration's
    trade agenda. President Biden has made it clear that his first priority
    is new domestic investments, not new trade deals. Those investments,
    including in infrastructure, are needed to enable American workers to
    compete effectively for the jobs of the future. The President has made
    his commitment to ``Buy American'' clear, including through the
    creation of a Made in America director within the Office of Management
    and Budget to link Federal procurement with domestic manufacturing. The
    American Jobs Plan recognizes the importance of creating good-paying
    jobs in rural America. Further, the work that emerges from the Biden
    Administration's Executive Order 14017 on America's Supply Chains will
    generate additional recommendations for how to strengthen the
    resilience of U.S. supply chains in four vital product areas--critical
    materials, advanced batteries, active pharmaceutical ingredients and
    semiconductors--as well as key sectors in the U.S. industrial base. The
    Biden Administration's foreign economic policy for the middle class
    recognizes that trade policy must support domestic economic efforts.
        The Biden Administration is also committed to ending the incentives
    in the U.S. tax code that have encouraged the offshoring of U.S.
    manufacturing jobs. The Treasury Department is actively working with a
    number of our key trading partners in the G-20 and the OECD on a
    multilateral agreement to end a race to the bottom on tax rates.
        At USTR, we are reviewing our trade commitments to identify ways in
    which trade agreements can do more to help strengthen U.S.
    manufacturing. We will continue to work to ensure that American workers
    can compete on a level playing field, not one where our trading
    partners gain false competitive advantages through lax labor and
    environmental standards.

        Question 2. It is no secret that the Biden Administration is
    looking to transition our Nation's fleet of gas vehicles to primarily
    electric vehicles. In the Administration's infrastructure plan, it was
    made very clear when they sought $174 billion to support electric
    vehicle manufacturing. I am very concerned about some of the
    questionable mining practices, both on the humanitarian and
    environmental side, in places like the Democratic Republic of the
    Congo, which holds 50 percent of the world's reserves of cobalt, which
    has also been developed in large part by China. I am also concerned
    about our reliance on a small list of countries to provide the
    materials we need to manufacture lithium-ion batteries. If those supply
    chains were interrupted or cut-off entirely, we wouldn't have any
    alternatives at this point. If we are going to build up the EV market
    in the United States, I believe we need to make sure we are sourcing
    these battery materials responsibly and domestically wherever possible
    or looking for sustainable alternatives.

        2a.  As U.S. Trade Representative, how do you plan on shoring up
    domestic supply chains and reducing reliance on foreign materials for
    production of goods, especially in EV production?

        Answer. I share your concerns about the supply chain for the
    critical materials needed for electric vehicle (EV) battery production.
    The full supply chain for advanced batteries is being examined as a
    result of President's Executive Order (EO) on America's Supply Chains.
    The recently released 100-Day reviews, ``Building Resilient Supply
    Chains, Revitalizing American Manufacturing, and Fostering Broad-Based
    Growth,'' pursuant to that EO examine this issue in further detail.
    Those reviews assert, in part, that ``the United States should take a
    mineral-by-mineral approach to look for opportunities to sustainably
    produce and refine domestic minerals for key battery materials. For
    battery materials where the United States does not have strong deposits
    suited for economic extraction, the best pathway to getting a stable
    material supply in the near-term is through allies and trading partners
    with responsible environmental and labor standards, and in the long-
    term by capturing and recycling the supply of materials in end-of-life
    batteries from EVs and storage. Both extracted and recycled materials
    and minerals will require refining and processing, and refining and
    processing capacity should be scaled up domestically to utilize this
    supply, capture an important stage of the supply chain that fuels
    downstream battery manufacturing, and avoid the need to export raw
    materials and re-import processed components.'' I will work to ensure
    America's trade policies support the recommendations that emerge from
    these supply chain reviews.

        Question 3. In 2017, the Office of the United States Trade
    Representative initiated an investigation to determine whether certain
    Chinese ``laws, policies, practices or actions are unreasonable or
    discriminatory and may be harming American intellectual property
    rights, innovation or technology development.'' Because of this
    investigation, USTR imposed tariffs under Section 301 of the Trade Act
    of 1974. However, in doing so, they also created an exclusion process
    in which certain businesses and entities could request an exclusion
    from the tariffs for certain goods that were not readily available in
    the United States. Unfortunately, many of these exemptions expired on
    December 31, 2020, and there has yet to be a process for Section 301
    tariff exemptions put back in its place.

        3a.  Does USTR plan to reinstate an exclusion process for these
    tariffs and if so, when can we expect to see that process start?

        Answer. At the request and recommendation of Senator Portman, I
    have committed to doing a top-to-bottom review of our China trade
    policy, with the goal of making our trade policies more effective and
    more strategic. As part of that review, we are looking at the China 301
    tariffs and the exclusions process. Our plan to re-examine the tariffs
    provides us with important opportunities to craft thoughtful and
    effective responses to China's unfair trade practices.

        Question 4. As I have stated numerous times, I have been supportive
    of the efforts to expand steel and aluminum tariffs under Section 232
    of the Trade Expansion Act of 1962. In my State of West Virginia, steel
    and aluminum producers are still struggling to survive because of
    foreign traders who circumvent our trade laws and evade duty payments
    by transshipping products through third party countries. While I
    appreciate the Biden Administration's commitment to review the
    effectiveness of existing tariffs, many of my constituents and
    businesses are asking when a decision will be made on the tariffs put
    in place by the prior administration.

        4a.  Given your examination of current trade policies, do you
    believe that the current tariffs on steel and aluminum are effective?
        4b.  When can we expect an announcement on the future of section
    232 steel and aluminum tariffs?

        Answer. With respect to the section 232 tariffs on steel and
    aluminum, we have a very significant problem in the global steel and
    aluminum markets that is driven primarily by overcapacity in China and
    other countries, particularly in Southeast Asia and the Middle East.
    The Administration is working to address the market distorting measures
    in economies that have led to overcapacity in the global steel and
    aluminum industries and the resulting national security threats.
        In addition to the thorough review of the section 232 measures and
    product and country exclusions that is currently underway by the
    Department of Commerce, the Administration is also consulting closely
    with various domestic stakeholders and like-minded partners around the
    world sharing similar national security interests to address market
    distorting measures in non-market economies that pose a serious threat
    to the market-oriented U.S. steel and aluminum industries and the
    workers in those industries. On May 17, 2021, the United States and the
    European Union (EU) announced the start of discussions to address
    global steel and aluminum excess capacity and the market distortions
    that result from this excess capacity. The Administration is committed
    to working with the EU and other like-minded partners to address excess
    capacity, ensure the long-term viability of our steel and aluminum
    industries, and strengthen our democratic alliance.
                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question 1. The USMCA implementing legislation established the
    Independent Mexico Labor Expert Board (IMLEB) for the purpose of
    monitoring and evaluating the implementation of Mexico's labor reform
    and compliance with its labor obligations. The Board also advises the
    Interagency Labor Committee (co-chaired by the USTR) with respect to
    capacity building activities needed to support such implementation and
    compliance.
        On December 15, 2020, the Board submitted an interim report to
    assist the Interagency Labor Committee and the Congress in their
    assessment of the efforts of Mexico to implement Mexico's labor reform,
    and the manner and extent to which labor laws are generally enforced in
    Mexico. While the first phase of implementation of the new labor
    institutions established under the 2019 reform was delayed until
    November 18, 2020 (due to the Covid-19 pandemic), the Board identified
    a number of serious concerns with Mexico's labor law enforcement
    process that it believed must be addressed promptly. In addition, the
    Board identified issues affecting capacity building activities needed
    to support the implementation of Mexico's labor reform and compliance
    with its labor obligations that also require immediate attention.
        Ambassador Tai, the USMCA imposed new stringent labor standards
    that we hope will become the model for future trade agreements. But
    without effective monitoring and enforcement mechanisms, these labor
    provisions will be toothless.

        1a.  Based on this report from the Independent Mexico Labor Expert
    Board (IMLEB), can you tell us what concrete actions the USTR will be
    prepared to take to address their recommendations, either alone or in
    conjunction with other agencies such as the Department of Labor?

        Answer. USTR has carefully considered the information and
    recommendations included in the IMLEB report, including by integrating
    that information into our monitoring. We are engaging with the
    Government of Mexico on a regular basis to press for progress and
    support their efforts to implement the reforms required by the USMCA,
    including on issues raised by the IMLEB. USTR hosted the first Free
    Trade Commission meeting under the USMCA on May 17 and 18, and plans to
    hold a Labor Council meeting soon. On May 12, USTR submitted the first
    ever USMCA Rapid Response Labor Mechanism (RRM) request for review to
    Mexico. The request asked Mexico to review whether workers at a General
    Motors (GM) facility are being denied the right of free association and
    collective bargaining. This self-initiated action shows the Biden-
    Harris Administration's serious commitment to workers and a worker-
    centered trade policy. In addition, the Department of Labor has
    launched several significant technical assistance projects to support
    the Government of Mexico in its labor reform and to strengthen workers'
    ability to exercise their labor rights. USTR collaborates closely with
    the Department of Labor. We look forward to continued reporting from
    the IMLEB.

        1b.  Do you anticipate that an increase in funding will be needed
    to adequately carry out these activities?
        1c.  Or does the funding provided under the USMCA implementing
    legislation provide sufficient funding?

        Answer. USTR is using the funding provided under the USMCA
    implementing legislation, which runs through 2023, to dedicate current
    staff and hire additional staff to support the monitor and enforcement
    activities under USMCA. I look forward to working with members of this
    subcommittee to ensure that USTR has adequate resources to fully
    implement and enforce USMCA.

        Question 2. The Rapid Response Mechanism was a novel innovation of
    the USMCA, which ensured that workers could receive relief through
    facility-level enforcement of USCMA labor violations. The USTR's 2021
    policy agenda notes that the Biden Administration is committed to self-
    initiating and advancing petitions under this mechanism.

        2a.  Ambassador Tai, could you tell us a little bit more about what
    the USTR has (or intends to do) on this front to initiate petitions?

        Answer. On May 12, USTR submitted the first ever USMCA Rapid
    Response Labor Mechanism (RRM) request for review to Mexico. The
    request asked Mexico to review whether workers at a General Motors (GM)
    facility are being denied the right of free association and collective
    bargaining. This self-initiated action shows the Biden-Harris
    Administration's serious commitment to workers and a worker-centered
    trade policy. Working with the Department of Labor, USTR engages in
    monitoring efforts, and we will not hesitate to self-initiate
    additional matters when we become aware of facts that warrant such
    action. Additionally, the Interagency Labor Committee for Monitoring
    and Enforcement (ILC), which I co-chair with the Secretary of Labor,
    receives and reviews USMCA labor petitions from the public. If the ILC
    determines, in response to an RRM petition, that there is sufficient,
    credible evidence of a denial of rights enabling the good-faith
    invocation of enforcement mechanisms, I will submit a request for
    review to Mexico.

        2b.  How are you monitoring individual facilities, and do you
    believe you have the resources that you need to fully carry this out?
        2c.  If not, what additional funding, resources, or authority would
    be needed to successfully undertake these activities?

        Answer. USTR is using the funding provided under the USMCA
    implementing legislation, which runs through 2023, to dedicate current
    staff and hire additional staff to support the monitor and enforcement
    activities under USMCA. I look forward to working with members of this
    subcommittee to ensure that USTR has adequate resources to fully
    implement and enforce USMCA, including the labor chapter.
                                     ______

                 Questions Submitted by Senator Lisa Murkowski
        Question 1. Ambassador Tai, as we discussed during the April 28
    hearing, China continues to fall short of its seafood purchase
    commitments as outlined in Chapter Six of Phase One of the Economic and
    Trade Agreement between the U.S. and China. This is in spite of the
    fact that China has purchased increasing quantities of U.S. livestock
    and other agricultural exports under the Phase One agreement. This
    seafood-specific failure has resulted in significant economic losses
    for certain fisheries in Alaska and across the Nation, and I urge you
    to take action to alleviate these losses and push China to honor its
    seafood purchase promises. One potential strategy is to secure a
    commitment from China to apply a blanket tariff exclusion on U.S.
    seafood imports. This option would eliminate any difficulties around
    obtaining individual temporary tariff waivers.

        1a.  Will USTR consider pursuing a blanket tariff exclusion to
    restore the Chinese market for American seafood companies?

        Answer. During meetings held under the Phase One Agreement to
    review China's implementation progress, the U.S. side has frequently
    raised concerns about the slow pace of China's purchases of U.S. goods,
    including seafood. While China has established a tariff exclusion
    process that makes tariff exclusions available for U.S. goods like
    seafood that are covered by Chapter Six of the Phase One Agreement, we
    understand from U.S. industry that this tariff exclusion process has
    not been working well for goods in certain industries where the
    practice is to enter into long-term contracts or where importers tend
    to be small, private companies reluctant to make use of the available
    tariff exclusion process as opposed to large State-owned enterprises.
    We have been raising this issue with the Chinese side, and we agree
    with you that a blanket tariff exclusion for these types of goods would
    help to promote increased purchases by Chinese companies.

        Question 2. Ambassador Tai, on top of the devastation that
    Southeast Alaska is seeing from a lost tourism season, we also continue
    to suffer from the impacts of a 25 percent tariff rate on Alaska spruce
    and hemlock. Although the Phase One agreement signed by the Trump
    Administration created a waiver for timber tariffs, Alaska spruce
    exports to China--our primary buyer of spruce--flatlined the last 2
    years, and the future remains uncertain.

        2a.  What specific actions are you taking to help us work through
    this tariff?
        2b.  Is there anything that you need from Congress to help on this
    front?

        Answer. During meetings held under the Phase One Agreement to
    review China's implementation progress, the U.S. side has addressed
    China's tariff exclusion process, and specifically Alaska spruce and
    hemlock, with the Chinese side. We understand that China's tariff
    exclusion process has been regularly used to secure tariff exclusions
    for goods that are covered by Chapter Six of the Phase One Agreement.
    In addition, for Alaska spruce and hemlock, we have clarified that
    China makes tariff exclusions available for these products for 1 year
    from the date that a tariff exclusion has been granted, subject to
    periodic updates on the purchases being made. We have also communicated
    this information to U.S. industry.
                                     ______

                  Questions Submitted by Senator Susan Collins
        Question 1. In February, Sen. Sinema, Sen. Kelley, and I led
    several of our colleagues in writing to President Biden to urge him to
    remove the Section 301 tariffs that had been levied on food and
    beverage imported from the EU since October 2019 due to the large civil
    aircraft subsidies dispute. A few weeks later, on March 5, the White
    House announced that these tariffs would be suspended for an initial 4
    months. I greatly appreciate that the Administration heeded our call
    since these tariffs have been extremely detrimental to small businesses
    in Maine. Is the Administration working with the E.U. to make this
    suspension permanent?

        Answer. USTR is engaging intensively with the EU and the UK in an
    attempt to reach a balanced settlement to the large civil aircraft
    disputes that will ensure a level playing field and address the harms
    to our workers and businesses. We are also seeking a joint vision with
    the EU and the UK to address the challenges posed by non-market
    economic practices of China and other new entrants to the large civil
    aircraft market.
                                     ______

                 Questions Submitted by Senator Lindsey Graham
        Question 1. What will be the impact on small and medium sized
    domestic remodeling/renovation businesses if tariffs are imposed on
    building materials such as flooring and countertops as a response to
    Turkey's Digital Services Tax (DST)?

        Answer. USTR recently requested public comments and held a hearing
    on a proposed Section 301 action arising from the investigation of
    Turkey's Digital Services Tax on May 7, 2021. In determining what
    action, if any, to take, USTR will carefully consider the potential
    impact on small and medium sized businesses.
                                     ______

                  Questions Submitted by Senator John Boozman
        Question 1. I have always been supportive of holding our trading
    partners accountable, especially in the agriculture sector. As you
    know, India is often at the top of the list of employing tariff and
    non-tariff trade barriers as well as providing their domestic
    agriculture producers with support that far exceeds their WTO
    commitments.
        Arkansas grows over half of the U.S. rice crop, and in the past
    decade, rice imports from India have soared, displacing U.S. production
    that simply cannot compete with the generously subsidized Indian rice.
        In late March, USTR announced proposed action against India, among
    other countries, for an investigation into digital services taxes
    imposed by those countries. Part of the list of proposed retaliatory
    duties to be imposed is a 25 percent duty on brown Basmati imports.
    However, rice producers would like to see USTR expand the proposed
    retaliatory duties to all other rice and rice products imported from
    India.
        USTR is currently taking comments on this issue, and I know there
    are plans to hold hearings in May to determine final retaliatory duties
    later this year.
        I cannot stress enough the importance of expanding the proposed
    retaliatory duties to apply to all rice and rice products imported from
    India.
        Ambassador Tai, I appreciate you taking into consideration my
    comments and those of the U.S. rice industry. Can I count on you to
    give this matter your full consideration and support?

        Answer. USTR recently requested public comments and held a hearing
    on a proposed Section 301 action arising from the investigation of
    India's Digital Services Tax on May 10, 2021. In determining what
    action, if any, to take, USTR will carefully consider your comments
    regarding the inclusion of rice and rice products on the final product
    list.

        Question 2. Since the United Kingdom (UK) formally left the
    European Union (EU), the UK offers a significant market for our farmers
    and ranchers. In particular, two of the top ag products from my home
    state--poultry and rice--have significant potential to gain market
    access through a UK Free Trade Agreement.
        Before Brexit, the UK was tied to the EU's practices of employing
    tariff and non-tariff trade barriers. For poultry, it is an
    unscientific ban on products treated with certain pathogen reduction
    treatments, and for rice, it was protectionist tariffs meant to prop up
    EU rice farmers elsewhere in the EU. Now that the UK is free to make
    their own trade deals, I have been supportive of a Free Trade Agreement
    with the UK that is rules-based, mutually beneficial, with standards
    rooted in science.
        What are your plans for a Free Trade Agreement with the UK that
    includes more market access for U.S. farmers and ranchers?

        Answer. As part of the Biden-Harris Administration's focus on the
    Build Back Better agenda and supporting a worker-centric trade policy,
    it is currently reviewing the objectives of the negotiations with the
    United Kingdom that were begun under the prior Administration.
    Agricultural exports, including poultry and rice, are important U.S.
    exports and potential access to the UK and other markets will factor
    into decisions on how best to deepen our trade relationships with key
    partners.

        Question 3. Historically, the European Union (EU) has been an
    important market for U.S. peanut production.
        Unfortunately, since 2018 the US peanut industry has lost
    approximately $160 million in the EU market due to non-tariff trade
    barriers regarding additional aflatoxin testing protocols above and
    beyond the testing done in the US.
        The U.S. peanut industry has engaged with both USTR and USDA and is
    eager to find a solution to this issue. What further steps need to be
    taken to remedy this situation?

        Answer. We recognize the importance of the European market for U.S.
    peanut production, and the challenges that concern the industry. We
    will continue to work closely with USDA and the industry to address
    this issue, including pursuing a solution with the Europeans.
                                     ______

              Questions Submitted by Senator Shelley Moore Capito
        Question 1. Last week, I joined Senator Portman and a group of 38
    bipartisan Senators to echo support for the Administration to continue
    efforts to address unfair Chinese trade practices while also restarting
    the Section 301 Tariff Exclusion Process. Doing so would provide
    domestic manufacturers with much needed relief.

        1a.  Can you provide and update on where things stand on this
    matter at USTR?
        1b.  When can manufacturers expect this process to be up and
    running?

        Answer. At the request and recommendation of Senator Portman, I
    have committed to doing a top-to-bottom review of our China trade
    policy, with the goal of making our trade policies more effective and
    more strategic. As part of that review, we are looking at the China 301
    tariffs and the exclusions process. Our plan to re-examine the tariffs
    provides us with important opportunities to craft thoughtful and
    effective responses to China's unfair trade practices.

        Question 2. Last summer, it was brought to my attention that Jingye
    Group, a Chinese steel and iron manufacturer, had purchased British
    Steel--a steel manufacturer with facilities across the UK and Europe.
    As we continue to place focus on China's trade practices, I worry that
    acquisitions such as these could lead to the circumvention of U.S.
    trade law.

        2a.  Are you aware of this matter or similar instances?

        Answer. USTR is aware of the acquisition of British Steel by Jingye
    Group and is monitoring this development closely. We will continue to
    raise concerns about the foreign investment activities of Chinese steel
    producers in fora such as the OECD Steel Committee and the Global Forum
    on Steel Excess Capacity, and bilaterally with those countries
    affected. In addition to this acquisition, we are also aware of recent
    cross-border and joint venture investments by Chinese steel enterprises
    in the UK and in countries such as Indonesia, Malaysia, the
    Philippines, Cambodia, and others. USTR will continue to consult with
    domestic stakeholders and work closely with like-minded partners, such
    as the UK and the EU, to find creative and effective responses to
    prevent further job and technology losses in sectors China is
    targeting.

        2b.  Can you commit to addressing these concerns during your
    continued negotiations with the United Kingdom?

        Answer. The Administration is currently reviewing the objectives of
    the negotiations with the United Kingdom. We intend to work closely
    with the UK and other like-minded partners to address excess capacity
    and market distortive measures through all the appropriate mechanisms
    and engagements we have with these partners.

        Question 3. As a result of the pandemic and indefinite work from
    home policies, many Americans are considering the option to move to
    rural areas, like my State of West Virginia. However, lumber prices
    have more than tripled since last spring and are further increased by
    tariffs on Canadian softwood lumber.

        3a.  Is your team working on a new softwood lumber agreement with
    Canada?
        3b.  Will you make this a priority?

        Answer. I discussed softwood lumber with my Canadian counterpart in
    our first USMCA FTC meeting and we agreed to keep in touch on the
    issue. The United States is open to resolving our differences with
    Canada over softwood lumber, but it would require addressing Canadian
    policies that create an uneven playing field for the U.S. industry.
    Unfortunately, to date, Canada has not been willing to address these
    concerns adequately.

        Question 4. The Phase One Agreement with China addressed key trade
    imbalances between our two nations, such as forced tech transfer, IP
    theft, and currency manipulation.

        4a.  Do you intend to continue to build upon the framework of the
    Phase One deal to further solidify China's commitment to uphold the
    changes agreed upon?

        Answer. With regard to the Phase One Agreement, we are committed to
    ensuring China's implementation of its obligations under the Agreement.
    We will continue to make use of and push the tools that we have for the
    benefit of U.S. farmers, ranchers, manufacturers, service suppliers,
    and small businesses.
        The Administration is currently engaged in a comprehensive and
    coordinated review of U.S. strategy for addressing the many challenges
    that China poses, both for the United States and the world. USTR is
    actively participating in the development of this strategy, which will
    encompass all policy areas, including trade policy.

        4b.  What additional areas do you believe should be addressed/
    targeted?

        Answer. With regard to the Administration's trade policy toward
    China, USTR is currently conducting a top-to-bottom review of the U.S.-
    China trade relationship, with a view toward ensuring that our trade
    policy supports and complements the Administration's broader China
    strategy. A key focus of this effort is on China's non-market and
    unfair policies and practices that are inadequately disciplined by the
    WTO or the Phase One Agreement, such as industrial subsidies, excess
    capacity, forced technology transfer, and State-owned enterprises. The
    results of this review, as well as our ongoing engagement with allies
    and like-minded partners, with whom we share values and interests, will
    inform our thinking of how we proceed.
                                     ______

                  Questions Submitted by Senator John Kennedy
        Question 1. As you know we are still under a declared national
    public health emergency and we continue to have supply chain challenges
    particularly related to Personal Protective Equipment (PPE). Recently
    United States Customs and Border Protection seized imports from the
    world's largest rubber glove manufacturer, Top Glove in Malaysia, for
    sufficient evidence of its use of forced labor. This underscores the
    need for domestically manufactured PPE. We need to stand up and support
    US-based PPE manufacturing and as part of that provide Section 301
    exclusions for essential manufacturing equipment and raw materials
    needed to establish and support domestic PPE production.

        1a.  Given the ongoing public health emergency and resulting need
    for PPE, would you consider having a separate fast-track Section 301
    exclusion process for essential manufacturing equipment and raw
    materials needed to establish and support domestic PPE production?''

        Answer. In March 2020, USTR established a process in which U.S.
    stakeholders could provide comments on possible modifications to remove
    the additional 301 duties from medical-care products. Medical-care
    products included products directly used to treat COVID-19 or to limit
    the outbreak and products used in the production of needed medical-care
    products. Based on the comments received, in December 2020, USTR
    published a list of exclusions for products to combat COVID-19.
    Currently, these exclusions are scheduled to remain in effect until
    September 30, 2021.
        As you are aware, I have committed to doing a top-to-bottom review
    of our China Trade policy. As part of that review, we are reviewing the
    China 301 tariffs and the exclusions process, including the exclusions
    for products to combat COVID-19.

        Question 2. Do you believe China is a ``developing country?''

        Answer. In the World Trade Organization, Members are currently
    permitted to self-declare as ``developing countries'' to take advantage
    of certain flexibilities in WTO rules. However, WTO Members recognized
    at the time of China's accession to the WTO that China should not be
    able to avail itself of flexibilities afforded to other developing
    countries. China was permitted to negotiate only a limited set of
    flexibilities at the time of its accession. The United States believes
    that China is an advanced, wealthy and influential Member of the WTO
    that can negotiate the flexibilities it may need in any future WTO
    negotiation, and that China should not be able to avail itself of any
    blanket flexibilities reserved for developing countries.

        Question 3. Do you believe, like the last administration declared,
    that China is committing crimes against humanity towards the Muslim
    Uyghur population?

        Answer. Secretary of State Blinken has made clear that China is
    committing genocide and crimes against humanity. In the 2020 Country
    Reports on Human Rights Practices, issued on March 30, 2021, the State
    Department declared that ``[g]enocide and crimes against humanity
    occurred during the year against the predominantly Muslim Uyghurs and
    other ethnic and religious minority groups in Xinjiang.'' I agree with
    this assessment. China should immediately end these atrocities and
    respect the human rights of Uyghurs and all others across China.

        Question 4. How do you intend on preventing the import of goods
    made with forced labor and the export of technologies used for
    repression?

        Answer. I commit to utilizing the full range of trade tools at my
    disposal to combat forced labor and the export of technologies used for
    repression. This includes ensuring President Biden's Build Back Better
    agenda promotes a trade agenda that respects the dignity of work and
    pursues a fair, rules-based international trading system and does not
    undermine our core values. A fair international trading system is one
    in which individuals are not forced to work against their will, and
    products made out of forced labor do not enter the global trading
    system. I will champion trade policies that support good jobs that are
    protected by robust and enforced labor laws, including laws that
    prohibit forced labor in traded goods.
        One recent example of our commitment is that in the first Free
    Trade Commission of the United States-Mexico-Canada Agreement (USMCA),
    held just this month, the United States, Mexico, and Canada discussed
    our shared obligation to ensure the Agreement's forced labor import
    prohibition and continued our collaboration to bolster each other's
    efforts in this regard. The USMCA includes a ground-breaking forced
    labor provision that obligates all Parties to ``prohibit the
    importation of goods into its territory from other sources produced in
    whole or in part by forced or compulsory labor, including forced or
    compulsory child labor.''
        In addition, USTR uses the worker rights eligibility criteria of
    its trade preference programs to address labor issues, including the
    elimination of forced labor. For example, we recently closed a review
    of Uzbekistan's GSP eligibility after trade engagement on this issue
    encouraged the Uzbek government to eliminate the systematic use of
    forced labor in its annual cotton harvest. Utilizing our trade tools to
    combat forced labor is also a part of the White House's National Action
    Plan to Combat Human Trafficking. Our agency is an active member of the
    President's Interagency Task Force on Trafficking and the Forced Labor
    Enforcement Task Force, as well as various other interagency committees
    to coordinate efforts to combat forced labor.
        USTR is also engaged with other agencies to ensure that the U.S.
    technology is not exported for use in repression overseas. We are
    active participants in discussions over the full range of existing
    tools, including investment screening and export controls such as the
    Entity List and the Military End-User (MEU) List maintained by the
    Department of Commerce.

        Question 5. China's fallen back on its word to purchase $468
    billion worth of U.S. goods, as they agreed to during the ``Phase One''
    agreement. How do you intend on holding them to their word?

        Answer. China's purchases shortfall is certainly in our sights.
    These commitments are important to the United States economically, but
    they are also important as commitments that China undertook of its own
    free will to make. We will work to ensure that these commitments are
    implemented, and where they are not, we will utilize the tools
    available, including those under the Phase One Agreement, to stand up
    for U.S. farmers, ranchers, manufacturers, service suppliers, and small
    businesses.

        Question 6. Prior to the lack of quorum under the Trump
    Administration the World Trade Organization faced significant criticism
    because of its sluggish dispute settlement process.

        6a.  Is the administration committed to maintaining an active role
    in reforming and upgrading the World Trade Organization, or does it
    intend to allow for the revival of the dysfunctional appellate body?

        Answer. The Biden Administration shares longstanding bipartisan,
    bicameral concerns about the WTO's dispute settlement system. Dispute
    settlement overreaching, including by the Appellate Body, undermines
    support in the U.S. for the international trading system. The
    Administration will actively engage in efforts to reform the WTO,
    including dispute settlement, in order to build a more fair trading
    system and support the WTO as a forum for discussion and negotiations
    where countries come together to find joint solutions to common
    problems.

        Question 7. Do you intend to purse Free Trade Agreement talks with
    Iceland?

        Answer. The Biden Administration highly values our economic and
    security relationship with Iceland. However, as the President has made
    clear, we will not be engaging in new trade agreements before we make
    the necessary investments at home.

        Question 8. Do you believe China is actively trying to build a
    presence in the artic?

        Answer. Yes. China is actively trying to build a presence in the
    Arctic and has publicly announced its intent to increase its
    investments there, including through the development of research and
    observation platforms, arctic shipping routes, and enhanced operational
    capabilities, such as icebreakers. In addition, China has sought to
    create economic leverage and gain a foothold and in the region through
    direct investments in land and infrastructure. Beijing includes the
    Arctic region in its ``Polar Silk Road,'' as part of President Xi's
    signature Belt and Road Initiative.

        Question 9. Is it a priority of the administration to enhance
    security cooperation in the artic to combat increased Chinese and
    Russian influence?

        Answer. Yes. We are working with and through our allies and
    partners to enhance U.S. presence and influence in the Arctic. The
    United States continues to participate in Arctic exercises and training
    to deepen military interoperability with allies and partners. The
    Administration currently discusses security and defense challenges in
    the High North through NATO, bilateral dialogues, and regional
    consultations with like-minded Arctic states. We intend to work with
    Arctic states to uphold international law and standards in the long-
    standing spirit of cooperation among Arctic nations in the region. We
    will not hesitate to hold any state accountable for actions that run
    counter to these commitments, or the interests of the United States,
    its allies and partners.

        Question 10. Do you intend to purse Free Trade Agreement talks with
    New Zealand?

        Answer. The Biden Administration highly values our economic and
    security relationship with New Zealand. We are working in close
    connection with New Zealand on trade issues as it hosts and chairs APEC
    (Asia Pacific Economic Cooperation). However, as the President has made
    clear, we will not be engaging in new trade agreements before we make
    the necessary investments at home.

        Question 11. Will you prioritize our expanding trade relations with
    both countries?

        Answer. Yes, our trade relations with both countries are important
    priorities. We regularly engage Iceland and New Zealand bilaterally,
    including through our Trade and Investment Framework Agreements (TIFA),
    to explore ways to expand and enhance our trade ties.

        Question 12. Given recent claims by the Mexican government that
    Mexico's hydrocarbons resources are not covered under USMCA, can you
    state your position regarding how hydrocarbons should treated with
    regard to USMCA?

        Answer. Our view is that the USMCA applies to Mexico's energy
    sector; this is very clear in the USMCA text.

        Question 13. The natural gas and oil industry has experienced
    significant regulatory challenges in Mexico by Mexican regulators
    attempting to complicate and delay investor operations in Mexico to the
    advantage of PEMEX, Mexico's state-owned oil company.

        13a.  Can you detail how you and USTR would ensure that American
    and other foreign investors in Mexico are treated fairly and ensure the
    USCMA provisions on fair treatment will be enforced?

        Answer. We have raised our concerns with Mexico's treatment of U.S.
    energy investors frequently, including during bilateral meetings with
    Mexico on May 17 and during the inaugural meeting of the USMCA Free
    Trade Commission on May 18.

        Question 14. Investor State Dispute Settlements or ISDS, is an
    integral part of USMCA and many other FTA's that the U.S. has around
    the world.

        14a.  Can you please state how you and USTR would prioritize the
    enforcement of ISDS under USMCA and the inclusion of strong ISDS
    provisions in other FTA's the U.S. may pursue?

        Answer. I am committed to enforcing the USMCA agreement, including
    the provisions in the Investment Chapter. Regarding other FTAs,
    President Biden has stated that he does not believe corporations should
    get special tribunals in trade agreements that are not available to
    other organizations and that he opposes the ability of private
    corporations to attack labor, health, and environmental policies
    through the investor-state dispute settlement.

        Question 15. Can you please state your view on how the current Sec.
    301 tariffs on imported goods from Mexico and Sec. 232 tariffs on steel
    and aluminum will be handled under your leadership at USTR?

        Answer. I have committed to doing a top-to-bottom review of our
    China trade policy, with the goal of making our trade policies more
    effective and more strategic. As part of that review, we are looking at
    the China 301 tariffs and the exclusions process. Our plan to re-
    examine the tariffs provides us with important opportunities to craft
    thoughtful and effective responses to China's unfair trade practices.
        With respect to the section 232 tariffs on steel and aluminum, we
    have a very significant problem in the global steel and aluminum
    markets that is driven primarily by overcapacity in China and other
    countries, particularly in Southeast Asia and the Middle East. The
    Administration is working to address the market distorting measures in
    economies that have led to overcapacity in the global steel and
    aluminum industries and the resulting national security threats.
        In addition to the thorough review of the section 232 measures and
    product and country exclusions that is currently underway by the
    Department of Commerce, the Administration is also consulting closely
    with various domestic stakeholders and like-minded partners around the
    world sharing similar national security interests to address market
    distorting measures in non-market economies that pose a serious threat
    to the market-oriented U.S. steel and aluminum industries and the
    workers in those industries. On May 17, 2021, the United States and the
    European Union (EU) announced the start of discussions to address
    global steel and aluminum excess capacity and the market distortions
    that result from this excess capacity. The Administration is committed
    to working with the EU and other like-minded partners to address excess
    capacity, ensure the long-term viability of our steel and aluminum
    industries, and strengthen our democratic alliance.

        Question 16. Natural gas and LNG have been instrumental in reducing
    GHG emissions around the world and have served as a strong enticement
    to help the U.S. achieve policy goals and partnerships with other
    countries. That leverage should only be strengthened and improved in
    coming years to maintain and grow U.S. leadership abroad.

        16a.  Can you please elaborate on how USTR under your leadership
    will support and encourage growing US energy exports, particularly that
    of LNG around the world?

        Answer. USTR is committed to the Biden-Harris Administration's
    whole-of-government approach to reduce GHG emissions and reach our net
    zero economy objectives. USTR will work hard to ensure all U.S. exports
    are competing on a level playing field in the global market.
                                     ______

                  Questions Submitted by Senator Bill Hagerty
        Question 1. The price of building or renovating a home has recently
    sky-rocketed, and demand for lumber has reached record highs. Lumber
    futures for delivery in May 2021 are at an all-time high and roughly
    four times the typical price for this time of year.\1\ Forestry in
    Tennessee provides more than 98,000 jobs and has an annual economic
    impact of more than $24 billion.\2\ Most of Tennessee's lumber
    production has been hardwood lumber.\3\ The U.S. hardwood lumber
    industry relies heavily on exports; over the last decade, China has
    imported about a quarter of all boards produced by U.S. hardwood
    sawmills.\4\ These exports of U.S. hardwood have an effect on reducing
    the massive trade deficit with China. China has extended the exclusion
    of tariffs on U.S. hardwood, but that exclusion is set to expire on
    September 16, 2021.

        1a.  What is USTR doing to ensure our continued ability to export
    Tennessee lumber to countries like China?

        Answer. During meetings held under the Phase One Agreement to
    review China's implementation progress, the U.S. side has frequently
    pressed China to increase the pace of its purchases of U.S. goods. At
    times, the U.S. side has also raised concerns related to China's tariff
    exclusion process. With regard to hardwood lumber, as you have noted,
    the blanket exclusion for this product expires on September 16, 2021.
    Given China's past practice regarding extensions of existing
    exclusions, we do not expect China to extend the blanket exclusion for
    hardwood lumber until shortly before its expiration.

        Question 2. I am very concerned about threats that Americans faces
    from the Chinese Communist Party (CCP) and their persistent attempts to
    steal American business secrets and proprietary information. Far too
    many nations and international organizations refuse to hold the CCP
    accountable.
    ---------------------------------------------------------------------------
        \1\ Ryan Dezember, Lumber Prices Break New Records, Adding Heat to
    Home Prices, Wall St. J. (May 3, 2021), https://www.wsj.com/articles/
    record-lumber-prices-lift-sawmills-while-homeowners-do-it-yourselfers-
    pay-up-11620034201.
        \2\ Andrew Muhammad & Adam Taylor, Implications of COVID-19 on
    Tennessee Exports of Forest Products, UT Extension Inst. of
    Agriculture, at 3, https://extension.tennessee.edu/publications/
    Documents/W913.pdf.
        \3\ See, e.g., Rhonda M. Mathison & Doug Schnabel, Tennessee's
    Timber Industry--An Assessment of Timber Product Output and Use, 2007,
    USDA--Forest Service, https://www.srs.fs.usda.gov/pubs/rb/
    rb_srs152.pdf.
        \4\ Peter Buxbaum, China Trade and COVID-19, Am. J. of
    Transportation (May 26, 2020), https://ajot.com/premium/ajot-china-
    trade-and-covid-19-a-one-two-punch-hitting-us-hardwood-producers.

        2a.  Does the Biden Administration and USTR have an overall
    strategy to challenge China's aggressive and unfair trade efforts
    around the world?
        2b.  What role will your office play in the Administration's
    broader strategy toward China?
        2c.  Are you confident that other countries will join our efforts?
    What will it cost the United States to get other countries onboard?
        2d.  How is USTR approaching China's compliance with the U.S.-China
    Phase One Agreement?

        Answer. The Administration is engaged in a comprehensive and
    coordinated review of U.S. strategy for addressing the many challenges
    that China poses, both for the United States and the world. USTR is
    actively participating in the development of this strategy, which will
    encompass all policy areas, including trade policy.
        With regard to the Administration's trade policy toward China, USTR
    is currently conducting a top-to-bottom review of the U.S.-China trade
    relationship, with a view toward ensuring that our trade policy
    supports and complements the Administration's broader China strategy. A
    key focus of this effort is on the many harmful and unfair trade
    policies and practices pursued by China that currently evade discipline
    by WTO rules.
        The United States has shared values and interests with like-minded
    partners across the world. Addressing China's non-market and unfair
    practices is critical for U.S. and our partners' workers and citizens,
    and for the world trading system. We need to be creative and find
    effective responses, to prevent further job and technology losses in
    sectors China is targeting.
        The Phase One Agreement is the agreement that we have, and we are
    committed to ensuring China's full implementation of its obligations
    under the Agreement. We will continue to make use of and push the tools
    that we have for the benefit of U.S. farmers, ranchers, manufacturers,
    service suppliers, and small businesses.

                              SUBCOMMITTEE RECESS

        [Whereupon, at 10:48 a.m., Wednesday, April 28, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

                                  ----------

                            WEDNESDAY, MAY 26, 2021

                                           U.S. Senate,
               Subcommittee of the Committee on Appropriations,
                                                        Washington, DC.

        The subcommittee met at 2:00 p.m., in room SD-124, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chairwoman)
    presiding.
        Present: Senators Shaheen, Reed, Van Hollen, Moran,
    Murkowski, Collins, and Braun.

                             DEPARTMENT OF COMMERCE

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. Thank you very much. Our new Commerce
    Secretary is here today to talk about the Department of
    Commerce and their budget. And I also want to thank you again
    for coming to New Hampshire. I understand it was your first
    official visit, and so it was very nice to have you in New
    England, close to home, in the Granite State.
        The Department of Commerce promotes job creation and
    economic growth by ensuring fair trade, providing the data
    necessary to support commerce, and fostering innovation by
    setting standards and conducting foundational research and
    development. To achieve these important goals the Department
    employees nearly 50,000 people located in all 50 States and
    every U.S. territory, and actually dozens of countries around
    the world.
        Among these employees are Nobel Prize winners,
    statisticians, trade experts, and patent attorneys. This year,
    the President's fiscal year 2022 budget request for the
    Department is $11.4 billion.
        And that is a 28 percent increase compared to the fiscal
    year 2021 enacted level for the Department. This top line
    proposal builds off of the Department's ongoing work to spur
    American job growth in the wake of a devastating pandemic and
    economic recession.
        To do so this budget includes a proposal to increase
    funding for the National Institute of Standards and Technology,
    NIST, by at least $400 million, an investment that would be a
    shot in the arm to bolster advanced manufacturing research, and
    manufacturing assistance programs to create good-paying
    American jobs.
        The budget also proposes a historic investment in the
    National Oceanic and Atmospheric Administration to expand
    investments in climate research and improve community
    resilience to counter the effects of climate change. They also
    come at an inflection point for our planning.
        Last month, for the first time in recorded history, the
    concentration of atmospheric carbon dioxide was measured at
    more than 420 parts per million, which is the halfway point on
    our path toward doubling preindustrial levels of carbon
    dioxide. And we know this milestone has been reached because of
    the work of NOAA's Earth System Research Laboratories, which
    are the world's gold standard in climate research.
        I am also pleased that this budget request guarantees the
    Department's trade bureaus are sufficiently resourced and
    staffed to ensure a fair trade and U.S. competitiveness.
        And on a lighter note, I want to thank you and Ambassador
    Tai for announcing the start of discussions with the European
    Commission to address global steel and aluminum tariffs. The
    Section 232 Tariffs have overwhelmed many New Hampshire
    businesses that are already reeling from the pandemic. So we
    were really pleased to see this move. And I look forward to
    hearing more about what the Department's strategy is regarding
    the tariffs.
        On a separate topic, I want to congratulate the Census
    Bureau and its employees on executing the 2020 Decennial Census
    under unprecedented conditions. I am interested in hearing
    about the Department's plans for processing the redistricting
    data and whether the Department has any lessons learned from
    the 2020 census.
        And finally, turning to the Economic Development
    Administration, businesses in New Hampshire and around the
    country are very eager to hear about the Department's plans for
    releasing the $3 billion provided under the American Rescue
    Plan. In New Hampshire, especially, the $750 million designated
    to assist community suffering from job losses in the travel and
    tourism and outdoor recreation industries.
        So it is no exaggeration to say that the Department's
    responsibilities affect every facet of American life. And I
    look forward, very much, to your testimony today. Thank you for
    your willingness to appear before us.
        I have a full statement that I will submit for the record.

        [The statement follows:]
                      statement of senator jeanne shaheen
        The Subcommittee on Commerce, Justice, Science and Related Agencies
    will come to order.
        Good afternoon, everyone, and welcome to today's hearing to review
    the President's fiscal year 2022 funding request for the Department of
    Commerce. Our witness today is Secretary Gina Raimondo.
        Secretary Raimondo, it's great to see you again. I want thank you
    for visiting New Hampshire last month. I hope your first official visit
    as secretary was the first of many you'll make to the Granite State.
        The Department of Commerce promotes job creation and economic
    growth by ensuring fair trade, providing the data necessary to support
    commerce and fostering innovation by setting standards and conducting
    foundational research and development. To achieve these important
    goals, the department employs nearly 50,000 people located in all 50
    States, every U.S. Territory, and dozens of countries around the world.
    Among these employees are Nobel Prize winners, statisticians, trade
    experts, and patent attorneys.
        In order for the Department to carry out its critical missions,
    Congress--and in particular, this subcommittee--must ensure that it has
    sufficient resources.
        To that end, the fiscal year 2021 omnibus spending bill included
    $8.9 billion for the Department of Commerce. I'd like to thank Senator
    Moran and his staff for working in a bipartisan fashion to get that
    funding across the finish line.
        This year, the President's fiscal year 2022 budget request for the
    Department of Commerce is $11.4 billion, a 28 percent increase compared
    to the fiscal year 2021 enacted level for the Department. While we
    await the release of the President's full budget request this Friday,
    it is clear that after 4 years of inadequate requests, this bold
    topline proposal builds off of the Department's ongoing work to spur
    American job growth in the wake of a devastating pandemic and economic
    recession.
        To do so, this budget includes a proposal to increase funding for
    the National Institute of Standards and Technology (NIST) by at least
    $400 million.
        This investment would be a shot in the arm for the U.S. economy,
    bolstering advanced manufacturing research and manufacturing assistance
    programs to create good-paying American jobs. These programs support
    small- and medium-sized manufacturers in New Hampshire and throughout
    the country, boosting American competitiveness and strengthening
    domestic supply chains.
        The budget also proposes a historic investment in the National
    Oceanic and Atmospheric Administration (NOAA) to expand investments in
    climate research and improve community resilience to counter the
    effects of climate change. These investments are crucial to support New
    Hampshire's seacoast and fisheries.
        They also come at an inflection point for our planet: last month,
    for the first time in recorded history, the concentration of
    atmospheric carbon dioxide was measured at more than 420 parts per
    million.
        This grim milestone marks the halfway point on our path toward
    doubling pre-industrial levels of carbon dioxide.
        How do we know this milestone has been reached? Because of the work
    of NOAA's Earth System Research Laboratories, which are the world's
    gold standard in climate research. NOAA truly represents the tip of the
    spear in our fight against climate change, and this budget supports
    their mission.
        New Hampshire is an exporting State, and the Department plays a
    crucial role in opening up new markets for my State's small businesses,
    so I am pleased that this budget request guarantees the Department's
    trade bureaus are sufficiently resourced and staffed to ensure fair
    trade and U.S. competitiveness.
        On a related note, I am also pleased that, last week, you joined
    Ambassador Tai in announcing the start of discussions with the European
    Commission to address global steel and aluminum capacity. The Section
    232 tariffs have overwhelmed many New Hampshire businesses already
    reeling from the pandemic, so this move is encouraging. Today we look
    forward to learning more about the Department's strategy regarding the
    tariffs.
        Now, on a separate topic, I want to congratulate the Census Bureau
    and its employees on executing the 2020 Decennial Census under
    unprecedented conditions. The constitutionally-required decennial count
    has outsized implications for towns, cities, counties, and States
    across our country, directing apportionment and more than $675 billion
    in Federal formula funding every year.
        I am interested in hearing about the Department's plans for
    processing the redistricting data and whether the Department has any
    ``lessons learned'' from the 2020 Census.
        Finally, turning to the Economic Development Administration, just
    last week, EDA announced a $300,000 CARES Act grant to help promote the
    Monadnock Region and facilitate economic growth--part of the $1.5
    billion provided to EDA in the CARES Act. Businesses in New Hampshire
    and around the country are also eager to hear about the Department's
    plans for releasing the $3 billion provided under the American Rescue
    Plan, particularly the $750 million designated to assist communities
    suffering from job losses in the travel, tourism, and outdoor
    recreation industries.
        Secretary Raimondo, I have only scratched the surface of the many
    matters we have to discuss. It's no exaggeration to say that the
    Department's responsibilities affect every facet of American life, so I
    very much look forward to your testimony here today. Thank you for your
    willingness to appear before us.
        With that, I now would like to recognize the CJS Subcommittee
    Ranking Member, Senator Moran, for his opening remarks.

        Senator Shaheen. And now I would like to recognize the
    subcommittee Ranking Member, Senator Moran, for his opening
    remarks.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chair Shaheen, Thank you.
        And Secretary Raimondo, I welcome you to the CJS
    Subcommittee. I appreciate the relationship, the conversations
    that we have had since--before your confirmation and look
    forward to working with you.
        As we continue to recover from this pandemic and look to
    continue rebuilding the economy, the Department of Commerce has
    a direct impact on the strength and sustainability of our
    communities and our local businesses.
        For example, I recently announced a nearly $4 million
    Economic Development Administration award to the City of
    Salina, Kansas, that will support infrastructure improvements
    to allow for the expansion of a nearby manufacturing facility.
    EDA is hugely important to economic activities in Kansas and
    across the country.
        Certainly, the work- and school-from-home model driven by
    the pandemic has created renewed emphasis on the Commerce
    Department's role in closing the digital divide and ensuring
    that all people in all communities have access to high-speed
    connectivity on the Internet. It is these types of core
    programs that I believe should be prioritized in this year's
    budget.
        The budget request before us today proposes $11.4 billion
    for the Commerce Department, which is $2.5 billion, or 28
    percent above the enacted amount. This is a significant
    increase.
        I was pleased to see the initial details of the 2020
    budget. When I saw those I noticed that there would be an
    increase in support for--and I am pleased by this--cutting-edge
    research and development that will help maintain U.S.
    leadership in technology, manufacturing, and science, an
    accurate and timely weather prediction and forecasting that
    will help better protect life and property.
        However, I do have questions about how the budget proposal
    balances new investments in operations versus the investments
    in support programs and infrastructure.
        For example, the budget proposes for--proposal calls for
    large, target investments in scientific research in both NOAA
    and NIST, something which I generally support. However, the
    proposal makes no mention of any matching investments in
    scientific facilities or related infrastructure.
        Madam Secretary, we talked during your confirmation hearing
    about the need to invest in the Department's scientific
    infrastructure. And I look forward to working with you on this,
    what I think is a very important issue.
        Similarly, trade policy and trade enforcement has never
    been more important, but the Departments trade-related agencies
    seem to me to have been more or less an afterthought in the
    budget request. Status quo trade promotion and trade
    enforcement is insufficient. Trade is a priority, and I hope
    the Biden administration will begin to prioritize it as such.
        In the last few months, the Department of Commerce's
    cybersecurity shortcomings have been on display. We must make
    the necessary investments to protect our digital
    infrastructure. And I am interested to hear how the
    administration proposed investment in cybersecurity will
    address the Department of Commerce's needs.
        I thank you again for being here. And I look forward to
    hearing your views on these matters, and others, during today's
    hearing.
        Senator Shaheen. Thank you very much, Senator Moran.
        I will now turn it over to you, Secretary Raimondo.
    STATEMENT OF HON. GINA RAIMONDO, SECRETARY, DEPARTMENT
                OF COMMERCE
        Ms. Raimondo. Thank you. Good afternoon. Thank you all for
    your time. And it is nice to see you, albeit very far away.
        So thank you Chair Shaheen, and Ranking Member Moran, and
    Members of the subcommittee, and thank you for this opportunity
    to talk about the President's proposed fiscal year 2022
    Discretionary Request for the Department of Commerce.
        President Biden's discretionary request includes, as you
    have both just said, $11.4 billion for the Department of
    Commerce, a 28 percent increase above the 2021 enacted level.
    And with these funds we will maintain existing programs and
    activities, and also make critical investments necessary to
    boost the Nation's ability to address the crises we face today.
        This year's appropriations process arrives during one of
    the most difficult periods in the Nation's history. And as the
    Chairwoman said, the Commerce Department has an impact across
    all of these crises, and indeed impacts every American family.
        We, in the Biden administration, believe America faces four
    simultaneous crises of unprecedented scope. First, a once-in-a-
    generation pandemic that has already claimed more than a-half-
    a-million American lives. Second, a punishing economic crisis
    that has left nearly 10 million Americans out of work. Third, a
    National reckoning on racial inequity; and this week, of
    course, we are particularly focused on that with the 1-year
    anniversary of George Floyd's passing. And fourth, the growing
    threat of climate change to the American people and economy.
        As we have said, the Department of Commerce is playing an
    integral role in addressing each of these crises. At NIST
    researchers developed a way to increase the sensitivity and
    accuracy of the common swab test for COVID-19. EDA has already
    awarded more than a billion dollars in grants to help
    communities and businesses across the country recover from the
    economic crisis. MBDA enabled technical assistance programs
    that help minority business enterprises execute more than $7.9
    billion in transactions in 2020.
        And NOAA continues to save lives and property by providing
    early-warning systems and decision support tools to avoid the
    most devastating impacts of extreme weather events, which we
    all know are becoming more and more frequent.
        I am proud of the work the Department's doing to address
    these crises. But I think, like all of you, I am very cognizant
    of the work and challenges that remain.
        President Biden's discretionary request puts forward
    investments to do just that, to enable us to meet the needs of
    these simultaneous crises.
        And I look forward to working with each and every one of
    you in the coming year to fund Commerce's programs with the
    appropriate level investment in the following key initiatives:
        First, as the Chairwoman said, to support American
    manufacturing by funding for the Department's most effective
    manufacturing programs, which are the MEP program, and the
    Manufacturing Innovation Institutes and to spur research and
    technological innovation by expanding scientific and
    technological research at NIST, which the Ranking Member
    mentioned.
        Revitalizing former energy communities by supporting the
    EDA's locally driven economic development projects in
    communities across the Nation, including its assistance to
    the--Assistance to Coal Communities Program.
        Improving weather and climate forecasting by investing in
    the next generation of NOAA's satellites, investing in climate
    science and research by ensuring NOAA has the tools it needs to
    expand climate observation, forecasting, and research.
        And strengthening American competitiveness and security by
    ensuring Commerce's International Trade Administration has the
    staff and resources it needs to defend the United States'
    businesses and workers by addressing unfair trade practices and
    barriers, strengthening enforcement of U.S. trade laws, and
    enhancing oversight of foreign government compliance with trade
    agreements.
        So we clearly have our work cut out for us at the Commerce
    Department. And I look forward to working collaboratively with
    each of you and the other Members of this subcommittee to stand
    the economy back up, and make sure that we have an economy that
    works for all by creating jobs and growth that support American
    businesses and workers now and into the future.
        So thank you for having me. And of course, I welcome your
    questions.

        [The statement follows:]
                  Prepared Statement of Hon. Gina M. Raimondo
        Chair Shaheen, Ranking Member Moran, and Members of the
    subcommittee, thank you for this opportunity to discuss President
    Biden's Fiscal Year 2022 Discretionary Request for the U.S. Department
    of Commerce. These priorities build upon the important investments you
    enacted in 2021 and I am grateful for your steadfast support of the
    Department.
        As you know, the Department of Commerce is responsible for
    promoting job creation, supporting and overseeing international trade,
    and providing economic, environmental, and scientific information
    needed by businesses, citizens, and governments. President Biden's
    Discretionary Request includes $11.4 billion for the Department of
    Commerce, a 28 percent increase above the 2021 enacted level. With
    these funds we will maintain existing programs and activities and make
    critical investments necessary to boost the Nation's ability to address
    the crises we face today.
        This year's appropriations process arrives during one of the most
    difficult periods in the Nation's history. America faces four
    simultaneous crises of unprecedented scope: a once-in-a-century
    pandemic that has already claimed more than half a million American
    lives; a punishing economic crisis that has left nearly 10 million out
    of work; a national reckoning on racial inequity; and the increasing
    threat of climate change to the American people and economy. The
    Department of Commerce has been providing critical assistance to
    confront and address each of these crises. For example:

      --The National Institute of Standards and Technology, or NIST,
            researchers developed a way to increase the sensitivity and
            accuracy of the common swab test for COVID-19, improving our
            understanding of the pandemic;
      --The Economic Development Administration, or EDA, has already
            awarded more than $1 billion in grants to help communities and
            businesses across the country recover from the economic crisis
            and has another $3 billion in the pipeline;
      --The Minority Business Development Agency, or MBDA, enabled
            technical assistance programs that helped minority business
            enterprises execute more than $7.9 billion in transactions in
            2020 and has additional programs in the works this year; and
      --The National Oceanic and Atmospheric Administration, or NOAA,
            continues to save lives and property by providing early warning
            systems and decision-support tools to avoid the most
            devastating impacts of extreme weather events, many of which
            are increasing in frequency and intensity due to climate
            change.

        I am very proud of the work the dedicated career employees at the
    Department do every day to address these crises. At the same time, I am
    also cognizant of the immense challenges that remain. To fully address
    these challenges, we must boost strategic investments to support
    American manufacturing, spur research and technological innovation,
    advance economic recovery in underserved communities, invest in climate
    science and research, improve weather and climate forecasting, and
    strengthen American competitiveness and security.
        President Biden's Discretionary Request puts forward investments
    that do just that. I am confident that the request will address today's
    crises and help American businesses create well-paying jobs for
    American workers, allow American businesses of all sizes to compete on
    an equal playing field, and empower a more equitable economy.
        I recognize that none of these investments or goals are possible
    without the support of the Congress and especially the Members of this
    Committee. I look forward to working with you all in the coming year to
    fund all of Commerce's programs, and increase investments in the
    following key initiatives:
    Support American Manufacturing
        Manufacturing has long been the backbone of our country and we must
    strengthen our manufacturing to move America forward. To ensure robust
    resurgence of American manufacturing and increase the security and
    resilience of our supply chain, the Discretionary Request more than
    doubles funding for the Department's most effective manufacturing
    programs: the Manufacturing Innovation Institutes Program (MII) and the
    Manufacturing Extension Partnership (MEP).
        A Manufacturing Innovation Institute is a public-private
    partnership of companies, academia, state and local governments, and
    Federal agencies that co-invest in developing world-leading
    technologies and capabilities. The Discretionary Request calls for an
    additional $150 million for two new MIIs, one of which will help
    restore the United States as the global leader in the design and
    manufacture of semiconductors. It also calls for an additional $125
    million for MEP. The MEP National Network consists of 51 MEP Centers
    located in all 50 states and Puerto Rico. The additional funds will
    enable them to strengthen domestic supply chains and help small and
    medium manufacturers improve their competitiveness.
    Spur Research and Technological Innovation
        Public investments in research and development lay the foundation
    for future breakthroughs that generate new businesses, jobs, and
    exportable goods. The Discretionary Request calls for $916 million, an
    increase of $128 million over the 2021 enacted level, to expand
    scientific and technological research at NIST. With this investment,
    NIST will spur research advances in climate-resilient building codes,
    computing, cybersecurity, artificial intelligence, quantum information
    science, biotechnology, and advanced manufacturing.
        U.S. leadership in advanced communications requires commercial
    operators to have access to a full array of spectrum bands to share
    with Federal agencies. This Discretionary Request includes $39 million
    for advanced communications research at the National Telecommunications
    and Information Administration, or NTIA, to support the development and
    deployment of broadband and 5G technologies, by identifying innovative
    approaches to spectrum sharing, including research using the Federal
    Advanced Communications Test Site (FACTS) at NTIA's Table Mountain
    field site in Boulder, Colorado.
    Advance Economic Recovery in Underserved Communities
        Every American should have an equal chance to pursue their
    potential. Yet, for far too many Americans, this has never been within
    reach. The President's 2022 Discretionary Request calls for $70 million
    for MBDA to expand opportunities for minority-owned businesses and help
    eliminate barriers for minority-owned firms. The request also will
    elevate MBDA's position within the Department of Commerce and establish
    an Assistant Secretary for MBDA.
        The Discretionary Request also will prioritize creating good jobs
    by revitalizing former energy communities. To spur economic
    revitalization and support energy workers, the request includes $84
    million, an increase of $50 million over the 2021 enacted level, for
    EDA's Assistance to Coal Communities Program. These funds will help
    ensure that communities most impacted by the transition to clean energy
    are not left behind. EDA's efforts are part of the POWER+ Initiative
    and complement other targeted investments across the Federal
    Government.
        The Discretionary Request also includes $300 million for EDA to
    support locally driven economic development projects in communities
    across the Nation. These investments will enable local communities to
    establish a foundation for sustainable job growth, and build durable
    regional economies by funding projects that advance equity, support
    workforce education and skills training, enable business expansion and
    technology updates, support growth in exports and foreign direct
    investment, and address the climate crisis.
    Invest in Climate Science and Research
        Climate change is one of the greatest challenges of our time. Yet
    it is also an opportunity for economic growth and innovation. In the
    Discretionary Request, the Administration proposes a whole of
    government approach to address this challenge and harness this
    opportunity. NOAA climate science provides the data, tools, and
    information that are the foundation for both efforts. The Discretionary
    Request therefore includes $800 million for NOAA to expand climate
    observation, forecasting, and research so that NOAA can provide better
    data, information and tools to Federal agencies, States, Tribes,
    communities, and businesses across America to enable smart policy and
    decisionmaking. This investment will also improve community and coastal
    resilience by investing in modern infrastructure and funding
    competitive grants to help protect communities from the costly economic
    and environmental impacts of severe weather events and climate change.
    The increased resources will also support an expanded and improved
    drought early warning system.
    Improve Weather and Climate Forecasting
        Families, businesses, and State and local governments rely on
    NOAA's weather satellites and forecasts every day. When severe weather
    strikes, these forecasts can literally mean the difference between life
    and death in impacted communities. The Discretionary Request invests $2
    billion, approximately $500 million more than the 2021 enacted level,
    in the next generation of satellites. With these additional resources,
    NOAA will be able to enhance its world-leading satellite observing
    systems by incorporating a diverse array of new technologies to improve
    data for weather and climate forecasts and provide critical information
    to the public. This data will allow for more informed decisionmaking
    that protects life and property, safeguards the economy, and supports
    the fight against climate change.
    Strengthen American Competitiveness and Security
        American businesses and workers can compete if we all play by the
    same rules. The 2022 Discretionary Request ensures Commerce's
    International Trade Administration has staff and resources it needs to
    defend U.S. workers by addressing unfair foreign trade practices and
    barriers, strengthening enforcement of U.S. trade laws, and enhancing
    oversight of foreign government compliance with trade agreements. It
    also provides additional staff and resources for the Bureau of Industry
    and Security to analyze export control and Entity List proposals,
    enforce related actions, and implement export controls.

                                    *  *  *

        I look forward to working with you to create an economy that works
    for all by creating jobs and growth that support American communities,
    businesses, and workers--now and in the future. I am happy to take your
    questions.

                                ITMS DISCUSSION

        Senator Shaheen. Thank you very much, Madam Secretary.
        I am going to begin by asking you about a Washington Post
    story that was reported on Monday morning, about the Department
    of Commerce Investigations and Threat Management Service, also
    called ITMS, which appears to have been acting outside of its
    legal authority.
        They allegedly covertly searched Commerce employees'
    offices at night, ran broad keyboard searches of employees'
    emails, flagged the social media posts of private citizens, and
    a whole variety of other things. I was particularly
    flabbergasted to see the investigative kit that was described
    that was used by that agency.
        These allegations are very troubling, and it is my
    understanding that shortly after you were sworn in, ITMS was
    ordered to pause all criminal investigations, and on May 13 was
    ordered to suspend all activities after preliminary results of
    an ongoing review.
        Can you talk about other steps that the Department has
    taken to address the problems at ITMS, and what you think the
    long-term outcome ought to be for that agency?
        Ms. Raimondo. Yes. Well, first let me say, Senator Shaheen,
    that I share your deep disappointment, to say the least. I,
    upon entering the Department there were a number of surprises
    that I found, this one was the biggest and most unfortunate.
    And I commit to you to, personally, give my attention to this
    and make sure that we get to the bottom of what may have
    happened, and make sure we hold people accountable, and make
    any changes that are necessary on a go-forward basis to the way
    that we handle the operations of ITMS.
        First of all, we stopped all investigations. Second of all,
    we have asked, we have directed that all agents turn in, to the
    Department of Commerce, their weapons. Third of all, I have
    directed our General Counsel to do a 90-day review, top to
    bottom, of everything that may have happened; individual
    actions, procedures, processes.
        We are probably 30 days into that review. And what I will
    tell you is that I will commit to be very transparent with you
    and the other Members of this subcommittee as to what we find,
    any repercussions for any individuals that there may be, and
    any changes that we have to make.
        But I will--I guess I would just mostly commit to you that
    I won't stand for that kind of behavior under my watch.
        Senator Shaheen. Well, thank you. I am really pleased to
    hear that. And I hope that you will keep this subcommittee
    informed as your investigation unfolds, and as you come up with
    recommendations for how to address the situation going forward.
    Thank you.
        Obviously, as you talked about in your opening statement,
    the Department has very--some very diverse missions that
    include essential functions, like weather forecasting, patents,
    trademarks, developing standards, conducting the census, and
    now with proposals like the American Jobs Plan, and the U.S.
    Innovation and Competition Act, which is currently on the floor
    of the Senate, there will be new missions and programs added to
    the Department, and the funding for these new programs are
    potentially four or five times bigger than the Department's
    regular discretionary appropriation.
        So as you are thinking about the passage of this new U.S.
    Innovation and Competition Act, how are you looking at
    balancing the existing missions and the new requirements that
    would be placed on the Department?

                  UNITED STATES INNOVATION AND COMPETITION ACT

        Ms. Raimondo. Thank you for the question. In this regard, I
    feel fortunate to have been a governor for 6 years, as you can
    relate to, because I have some experience as an executive
    managing a team and putting in place the team, and the process,
    and the accountability metrics to make sure that we can meet
    the mission.
        Having said that, this is--this is like nothing the
    Commerce Department has ever seen. And so what I can tell you
    is we are already hard at work putting together our plans in
    anticipation of potentially receiving $52 billion for
    semiconductor supply chain, $1.5 billion for the O-RAN,
    additional monies for manufacturing.
        We are, you know, putting in--and I would be happy to share
    any of this with all of you, it is preliminary, but I would
    welcome your feedback, down to the level of: what would the org
    chart look like? What is the kind of skills that we would need?
    Where would we attract folks? You know, making sure that we are
    able to implement, you know, as I said, in order to meet the
    mission.
        I will say the Department has expertise in expanding. We do
    it every 10 years with the census. We have done a great job
    with the money received from the Rescue package, and the CARES
    Act. So it is not new to the Department to expand to meet the
    mission, but I am aware of how difficult this will be, and we
    are getting ready to do it.
        Senator Shaheen. Well, I think we would welcome the
    opportunity to give feedback on any plans that you have, if
    that is helpful, and would appreciate that. Thank you very
    much.
        Senator Moran.

                        COUNTERVAILING DUTIES ON LUMBER

        Senator Moran. Chairwoman, thank you.
        Earlier this month, Madam Secretary, the chair and I sent
    you a letter expressing our concerns over record high lumber
    prices, and raised the concern about countervailing duties that
    are being imposed on Canadian softwood lumber imports. Last
    week the Department of Commerce increased--announced its
    intention to double those duties, beginning in November.
        I believe that last week's announcement threatens even
    further challenges to those who are trying to figure out how to
    replace the deck on their house, or build a new home, or even
    find a home, already existing. Significant increases in the
    price of housing--comes at a great challenge for many
    Americans.
        I guess my question at the moment is a simple one. In my
    view, we need to find a short-term solution if the
    countervailing duties are going to stay in place and are going
    to be increased. We can have that debate, but I don't know that
    you could change that outcome yourself anyway, but I would ask
    you, would you be willing to have the Commerce Department
    convene a discussion among Members of Congress, but perhaps
    Senator Shaheen and I, and maybe others, but really the
    industry; Senator Collins as well.
        Would you be able to convene a gathering of industry and
    consumer folks so that we could have a conversation about what
    policy steps could be taken to try to reduce the price of
    lumber and its consequences on the housing market? That is the
    question.
        Ms. Raimondo. Yes. So, to the question, it is an easy yes.
    In fact, I would be very pleased to do that, and I appreciate
    the suggestion, and we will follow up on it.
        I will say a couple of things. First of all, I share your
    concern. I am in contact with the home builders. I talked to
    them over the weekend. And I have--I have heard you talk about
    it. I mean, this is a real issue. You brought it up with me
    weeks ago, and I am hugely sympathetic to that. It is a real
    issue.
        Some of it is due to just the supply chain, which is to
    say, many sawmills in America have gone out of business. And
    when, now during COVID, we see a huge spike in interest, demand
    for housing, we have a mismatch in our supply chain of that
    lack of supply to meet the increased demand.
        You put your finger on something. Last week the Commerce
    Department put out a preliminary finding, I do want to
    emphasize that, as part of our administrative review to
    identify and quantify the amount of subsidy that the Canadian
    Government may be providing to soft lumber providers. So it is
    thus adding another layer of complexity to this problem.
        I don't have an answer today. What I will tell you is, I am
    very focused on it. The White House and administration is very
    focused on it. I have been doing an enormous amount of
    stakeholder engagement as has my chief economist of Commerce.
    And, you know, I would be very pleased to host, as you say,
    some kind of a convening to get their feedback on what more we
    could do.
        Senator Moran. My notes indicate that it is called a Supply
    Chain Summit, which fits with exactly what you are talking
    about. And I think home builders, and realtors, and others need
    the opportunity to have some input, to see if we can find a
    solution. And I would ask that the Department work with me to
    kind of figure out what that should look like, and utilize our
    input as we try to organize that kind of summit.
        Ms. Raimondo. Yes. We will do it.
        Senator Moran. Great. I would also indicate that I have had
    this conversation with the trade ambassador at USTR, which puts
    us back to negotiating an agreement with Canada. And it may be
    useful to have USTR in the room at the same time, perhaps, so
    they can provide some education or information, but more
    importantly to me. So perhaps we can create some impetus to get
    something accomplished in those negotiations.
        Ms. Raimondo. Yes. So the bad news is, we are where we are
    right now. The silver lining could be that we use this as an
    opportunity to all get around the table, including USTR, to
    find a long-term solution with Canada. And that I would be very
    interested to dig into.

                 DEPARTMENT OF COMMERCE DIGITAL INFRASTRUCTURE

        Senator Moran. I have 31 seconds left, so I will ask
    quickly. The increasing prevalence of cyber attacks, in my
    view, makes it imperative for the Department to better protect,
    nothing here that is new, it needs to protect its digital
    infrastructure and its operating systems. How does the Commerce
    Department's budget fiscal year 2022 request address those
    needs? And to the extent that your answer may include that
    funds will be utilized through the Technology Modernization
    Fund, could you speak to how you understand that might work?
        Ms. Raimondo. Okay. So since we are out of time, I would be
    happy to follow up further. But, listen, clearly you are right.
    We were part--we were significantly impacted by Solar Winds,
    and we have already started to invest in our systems to improve
    our--reduce our cyber vulnerability.
        One of the President's initiatives, which we will, of
    course, be taking on, is that every software vendor that does
    business with the Federal Government is going to have to have
    enhanced cyber standards, which will benefit our department and
    all departments.
        And although the details of the President's budget won't be
    out until, you know, later this week, it is my understanding
    that there will be additional money for Commerce to do exactly
    what you are talking about, which is to enhance our IT systems.
        Senator Moran. I would only highlight for you, Madam
    Secretary; that the Technology Modernization Fund results from
    legislation that I authored, and it was designed to create
    opportunities for departments and agencies to utilize resources
    in advance of a problem to replace their legacy technology
    systems.
        And I would be interested to--I would not necessarily
    expect you to have an answer today, but I would be interested
    in knowing. My understanding is that that fund may be utilized,
    or maybe money put into that fund for purposes that we are
    talking about today. And I am interested in making sure I
    understand----
        Ms. Raimondo. Got it.
        Senator Moran [continuing]. How the plan is intended. Thank
    you.
        Ms. Raimondo. Got it. I will get back to you. Thank you.
        Senator Shaheen. Thank you, Senator Moran.
        Senator Reed.

                      RETURN ON INVESTMENT OF PUBLIC FUNDS

        Senator Reed. Well, thank you very much. And welcome Madam
    Secretary.
        As we have discussed, we are currently considering the $50
    billion CHIPS for America Fund. You will supervise that fund.
    And working with Ranking Member Moran, we are proposing an
    amendment that would give you discretionary authority to use
    warrants as a way to recoup some of the funds that we are
    extending to these companies in the future.
        We have had great success with warrants. The TARP funding
    of the--with respect to the banks, earned us about $10 billion,
    and the CARES Act with respect to the airlines based on
    yesterday's stock prices, would yield us a billion dollars. And
    I think it also would give us, and give the American people a
    sense that we are getting something from our investment. And,
    given your experience as a venture capitalist, as well as the
    treasurer of the State of Rhode Island and a governor, could
    you, comment upon whether this would be useful?
        Ms. Raimondo. Mm-hmm. Thank you for the question. I think
    it is a very good idea. I think as one of the tools that we
    would have at the Commerce Department, it could have great
    utility. As you say, it was very successful in TARP, it was
    very successful with the airlines. It is obviously a bit
    different now than with TARP, at that time the financial
    services companies were in crisis and were probably a bit more
    willing to give whatever it would take than the semiconductor
    businesses would now.
        Having said that, we are talking about putting $50 billion
    of taxpayer money to support large profitable companies, and it
    is absolutely reasonable to think that we should--we the
    American taxpayer--should have a share in the upside, should
    there be, you know, upside.
        So as a tool in the toolbox, I think it is a very good
    idea. I think it is a good way to stick up for American
    taxpayers, as you say, in my case, as Commerce Secretary, I am
    very comfortable using that tool because I made a living doing
    that for more than a decade. So, you know, I would support as
    an option.

                            DEPLOYMENT OF NOAA SHIPS

        Senator Reed. Thank you very much, Madam Secretary. I want
    to thank you and NOAA for committing to create a home port
    facility at Naval Station Newport in Rhode Island. In fact, as
    you are probably aware, their new ship, Discoverer, is
    currently under construction in Louisiana, and now located
    there, but we have the capacity to accommodate, you know,
    several NOAA ships and make the operation of NOAA more
    efficient.
        And I would--again, I want to thank Chairwoman Shaheen, and
    Ranking Member Moran, they have supported our efforts in this
    regard. But would you commit to work with us to see what we--
    that we can get a full deployment of NOAA ships as they have
    envisioned up at Newport?
        Ms. Raimondo. Absolutely. Absolutely. And we are already--
    ``we'' being NOAA--is already working on the design and pre-
    work that is necessary for that. I think it is $15 million
    that--$15 million has already been awarded toward the total
    construction costs. And they are hard at work at the design and
    the permitting. And if we stay on the course that we are on,
    pending appropriations, a contract for construction should be
    awarded in fiscal year 2022.

                 COORDINATION OF FEDERAL CYBERSECURITY EFFORTS

        Senator Reed. Now I hope we can stay on that track. And
    just, as my colleagues have suggested, the cyber issue is
    ubiquitous, it is everywhere. NIST, which is part of the
    Department of Commerce, is one of the key roles. They
    coordinate closely with the DHS, cybersecurity information,
    security agency, but we are so disjointed in the Federal
    Government, for example, the regulation of pipelines in terms
    of their cyber is TSA. Now, I don't know how that happened.
        But the moral of the story, I think, is we have to have a
    coordinated effort of every department. And I would hope, under
    the President's leadership, we could do that more effectively.
    And that is a comment as much as a question. So, thank you.
        Ms. Raimondo. Yes. I support that.
        I neglected to say with Senator Moran. The other thing that
    we are doing on cyber is within NIST in the President's budget
    is additional funding to study cyber. So I think advancing the
    science is going to be a benefit to all of us.
        Senator Reed. Thank you.
        Senator Moran. Thank you, Senator Reed.
        Senator Collins.
        Senator Collins. Thank you, temporarily, Mr. Chairman.
        Senator Moran. Why do you emphasize it?
        Senator Collins. Thank you, Mr. Chairman.

                                SOFTWOOD LUMBER

        Madam Secretary, welcome. It is great to have you here
    before us. I want to start by associating myself with Chairman
    Moran's comments about the countervailing duty and the
    antidumping case that is doubling the duties imposed on
    softwood lumber from Canada.
        Just this morning I met with Maine homebuilders who were
    telling me about the doubling of the price of lumber, and this
    creates a real affordability problem. In fact, nationwide,
    since April of last year, the price of an average new single-
    family home increased by nearly $36,000, and that is a direct
    result of the increase of materials, lumber in particular.
        I wrote to you where earlier this month about the softwood
    lumber agreement with Canada, it expired in 2015 and a new
    agreement is really needed to provide stability and
    predictability for industry on both sides of the border.
        So my question is; is your team beginning to work on
    developing a new softwood lumber agreement with Canada?
        Ms. Raimondo. Yes, we are. So as I was saying earlier, I
    share the concern. It is that this preliminary finding came at
    a really difficult time. And, you know, what that finding is,
    it was--it was part of an annual administrative review to
    quantify the amount of subsidy. And it could not have come at a
    worse time, as the homebuilders and the American people are in
    the teeth of struggling with increased prices. As I said,
    though, it is preliminary. The final determination will be at
    the end of September or more likely the end of November.
        I would like to use this opportunity, and I have already
    started to talk with Ambassador Tai about: how do we seize this
    moment to come to a more lasting solution to a problem that has
    existed for 40-plus years.
        And so I do plan to rejuvenate our efforts and see what
    might be possible.

                             RIGHT WHALE RULEMAKING

        Senator Collins. Thank you. It won't surprise you that my
    next question has to do with the Right Whale Rulemaking. And
    let me start by thanking you for meeting with the Maine
    congressional delegation. I know, as a former coastal State
    governor, that you have a deep appreciation for how important
    our fisheries are to our economy and to our culture.
        And Maine lobster men and women they have a long-standing
    commitment, not only to protecting the sustainability of the
    lobster, but also to protecting right whales. And over the
    years, they have made significant changes and sacrifices, when
    the science has warranted such actions in order to protect the
    right whale. And the result has been that there has not been a
    single right whale serious injury or mortality attributed to
    the Maine lobster fishery since 2002.
        But on the other hand, NOAA's data show that from 2000 to
    2018, there were 13 confirmed cases of right whales entangled
    in Canadian snow crab gear. And since 2017, there have been at
    least seven right whales that have been killed by Canadian
    vessel strikes.
        Is the Department beginning to discuss, with its Canadian
    fisheries counterparts and regulators, how to hold them
    accountable for their outsized role that is contributing to the
    population decline of the right whale? It is really unfair that
    the lobster industry in Maine is at risk of having to endure
    burdensome, perhaps unworkable new regulations when they are
    simply not the problem.
        Ms. Raimondo. Yes. So, as I said to you, I really admire
    your advocacy in this regard. And the thing that stuck with me
    most from our conversations in this, is when you said to me,
    you should consider your--you should consider the fact that
    there are 5,000 small businesses that are in the lobster
    fishery in Maine.
        And that stuck with me, which is to say five--putting 5,000
    small businesses at risk is something that we need to take with
    real seriousness. And so I have engaged further after we had
    our initial conversations.
        The answer to your question is, yes, we have been and have
    increased our interaction with our Canadian counterparts,
    particularly with respect to two issues. One is to make sure
    the applicable Canadian fisheries have regulations that are,
    frankly, as tough as ours. So making sure that their Canadian
    fisheries regulations match up with ours, and pushing them on
    that.
        And secondly, looking into vessel speeds, and I think
    NOAA--this year NOAA Fisheries collected comments on our
    assessment of the current Vessel Speed Rule, and evaluating the
    need for future action. So I think--because you have also
    commented that it is the vessel strikes that are a problem. And
    so we are looking into the speed of the vessels.
        Senator Collins. Thank you. Thank you, Mr. Chairman.
        Senator Moran. Thank you, Senator Collins.
        Senator Van Hollen.
        Senator Van Hollen. Thank you Mr. Chairman.
        And, Madam Secretary, it is great to see you again. And I
    know we are still waiting for the full budget, but I just want
    to commend you and your team, for signaling through the
    ``skinny budget'', which we do have your ongoing commitment to
    the Minority Business Development Agency, and not only a
    commitment, but a real effort to elevate the importance of that
    Agency, both in terms of an increased budget that would support
    a dedicated assistant secretary, as well as a significant boost
    in the funding. I look forward to working with you on that.
        I have teamed up with my colleague from Maryland, Senator
    Carter and others to introduce legislation, to make that agency
    permanent, up, and also to provide more opportunities by
    teaming up with HBCUs and the MSIs. We think there can be an
    important synergy between the work done at the MBDA, and HBCUs,
    and the MSI.
        So I look forward to working with you on getting that
    legislation through, and ask you to take a look at it. I also
    want to thank you for all the input you have provided us as we
    work on the Endless Frontier legislation to enhance American
    competitiveness, lots of important provisions in that bill.
        One I want to bring to your attention. I teamed up with
    Senator Blunt, and the bill, essentially, directs you as
    secretary--this is the normal procedure--to enter into a
    contract with the National Academies of Sciences, and
    Engineering, and Medicine, to provide us an update on key areas
    of emerging science and technology that we, as the United
    States, need to keep on top of.
        And then there would be a regular update to that. We all
    got caught behind on 5G technology, and we want to make sure
    that as we make this investment in our competitiveness, that we
    have a process going forward, to make sure that we keep up with
    that. So I want to--I just want to bring that to your
    attention.
        As you know, the Department of Commerce is wide-ranging.
    There are two agencies in Maryland that are important to the
    country and important to our State. One is NOAA, in Silver
    Spring, Maryland, and I look forward to working with you and
    NOAA on their continued efforts to protect the Chesapeake Bay.
        The other is NIST, which of course plays a really important
    role in standard setting, both here and around the world, and
    has many important components to their budget, but quantum
    computing is an area that I strongly believe we need to--we
    need to strengthen going forward.
        Finally, and most of my questions relate to the EDA, the
    Economic Development Administration. You and I have spoken
    about the importance of those funds. And there has been
    bipartisan support on this subcommittee, for funding that
    agency, even when previous administrations have proposed deep
    cuts to that budget.
        And it is because of the flexibility of the funds. And I
    was just on a state-wide Zoom call with constituents in
    Maryland to talk about EDA. And I want to thank members of your
    team who participated in that, so people could understand how
    to go about competing for those grants.
        As you know, the American Rescue Plan had $3 billion in the
    EDA. Can you give us an update on when you are going to be
    releasing guidance on that? I know there is a real interest now
    in moving forward, and I don't--if you could give us an update
    on where that stands.

                       ENHANCING AMERICAN COMPETITIVENESS

        Ms. Raimondo. Thank you. By the way, I fully share your
    focus on quantum computing, and the President's budget, the
    ``skinny budget'', as you say, does include additional funding
    for AI research, and quantum computing research, and the long-
    standing relationship with the University of Maryland, I think
    will only continue to get stronger.
        Senator Van Hollen. Good.

                         EDA AMERICAN RESCUE PLAN FUNDS

        Ms. Raimondo. So the $3 billion of EDA, the answer is very
    soon, we are working night and day on it. I feel the pressure
    to get it out the door, but to do it--you know, it is a
    balance, right? I would love to get it out the door tomorrow,
    but we have $3 billion, it is bigger than anything EDA has ever
    done. So I would say very soon.
        That there is $750 million specifically for travel and
    tourism, we feel a particular sense of urgency on that. The
    summer season is upon us. We really want to get that out the
    door. So it would be helpful.
        The rest of it is more, as you say, flexible. I can tell
    you that our plan is to have it be broad in its application,
    which is to say, and things we have talked about, allow it to
    be used for infrastructure, for job training, for rebuilding
    particular communities that are especially distressed. So we
    really want to take the full opportunity, and I think you will
    be pleased with the timeline.
        Senator Van Hollen. Well, thank you. I do want to follow up
    with you later about those funds.
        Ms. Raimondo. Yes.
        Senator Van Hollen. Because, as you say, there is a lot of
    interest, and we want to make sure that, you know, those who
    have not necessarily participated in a formal grant process,
    and they don't know how to jump through all the hoops----
        Ms. Raimondo. Yes.
        Senator Van Hollen [continuing]. Are fully eligible. So we
    look forward to working with your team. Just if you could make
    people available in the Department----
        Ms. Raimondo. Yes.
        Senator Van Hollen [continuing]. To provide the technical
    assistance to those who are seeking funding.
        Ms. Raimondo. Thank you.
        Senator Van Hollen. Thank you.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you.
        Senator Murkowski.
        Senator Murkowski. Thank you, Madam Chairwoman.
        And Secretary, it is good to see you, although you are a
    long ways away here.
        Ms. Raimondo. Thank you.

                             NOAA FISHERIES SURVEYS

        Senator Murkowski. But thank you for the many conversations
    that we have had. I just want to reinforce for the record
    today, your commitment to monitoring the work of NOAA with
    regards to our fisheries surveys. As I shared with you, last
    year those stock assessments were not able to proceed, which
    was a real concern to our fishermen, and all those who rely on
    our sustainably managed fisheries.
        I had an opportunity just yesterday to speak to the nominee
    for the NOAA administrator, reinforced with him the priority
    here. So I just want your commitment to ensure this full
    schedule of fisheries surveys is conducted in Alaska in 2021.
    And if there is--any challenges that you have in terms of
    implementing this year's survey plan, would you please, make us
    aware so that we can help you with that.
        Ms. Raimondo. Yes. You do have my commitment. Last year due
    to COVID we suspend--the Department suspended the normal order.
    There is no expectation that that will happen this year, and we
    are on path to kind of be back to business as usual. So I don't
    anticipate that there will be any issues.
        Senator Murkowski. Good. Appreciate that. Another one that
    I would just ask you to be monitoring and keep us apprised in
    terms of updates. One of my long-term priorities has been to
    return the Fairweather to Ketchikan as part of its home port.
    We have worked through that; Senator Sullivan on the
    authorizing side, myself on the appropriation side.
        So it looks like everything is proceeding just as we had
    hoped, and planned, and is on schedule. But I would just ask
    that you commit to periodic updates on the project to ensure
    that we are on track. The people of Ketchikan are quite
    anxious. It is been a long time. But we are feeling pretty
    optimistic about where we are.
        Ms. Raimondo. Yes, absolutely.

                         EDA AMERICAN RESCUE PLAN FUNDS

        Senator Murkowski. Thank you. EDA, one of the--one of the
    real significant impacts that we saw in Alaska due to the
    COVID-19 pandemic, was a significant hit to our tourist sector,
    and in a considerable way. We just passed into law, and the
    President signed on Monday, legislation that will allow cruise
    ships to bypass Canada, so that we can have some semblance of a
    season beginning the end of July.
        So it does not give as much, but it gives us a little bit
    of hope. One of the things that we put into the American Rescue
    Plan was support to EDA to assist communities. There was $3
    billion, 25 percent of those funds go to help States and
    communities that have suffered economic injury, in the areas of
    travel tourism and outdoor recreation.
        This is something that, within Alaska, we are looking very
    critically at this because we think that this can provide a
    level of support and relief. I don't know if you have more
    details on the criteria that EDA will be using, as it is making
    these grants. But we are starting to hear from communities
    about what those might be. So I don't know if you have anything
    that you can provide me and the subcommittee in terms of
    criteria for these EDA grants.
        Ms. Raimondo. I don't. As I was saying to Senator Van
    Hollen, we expect, very soon, to be getting this money out the
    door, both the--particularly the $750 million for travel and
    tourism.
        Senator Murkowski. Right.
        Ms. Raimondo. That is our top priority. So I think, you
    know, weeks away is our goal.
        Senator Murkowski. Okay.
        Ms. Raimondo. I will say it is very likely that the
    criteria will take into account the magnitude of how much an
    area depends on tourism and how affected that community was.
        You know, we are trying to get the money to where it is
    needed most and where people were hardest hit.
        Senator Murkowski. We have got a couple of good examples,
    Skagway and Haines--excuse me--Skagway and Healy, two areas
    where some 80 percent of their community's revenues come from
    tourism. And so they have effectively seen losses that are
    breathtaking. In fact, I think both of these communities top
    the list of the Top 10 Most Dramatically Impacted by economic
    loss due to tourism.
        So they are--I think they probably fit into your criteria.
    I would certainly hope so. But again, the more detail that
    these communities can have on this, it is appreciated.
        Thank you, Madam Chairman. And thank you, Madam Secretary.
        Senator Shaheen. Thank you, Senator Murkowski.

                              SECTION 232 TARIFFS

        Senator Braun. Thank you, Madam Chair.
        Good to see you again, Madam Secretary. I come from
    Indiana, we are the biggest steel producing State in the
    country, and the industry has been kind of ravaged over time
    for many reasons, in addition to what has happened most
    recently. And I would not be so concerned about the future of
    the steel industry other than the glut that is out there is
    mostly housed within the country of China.
        So they have got--in a planned economy, I guess they plan
    to use that seal capacity somewhere down the world in a way
    that does not, kind of, urge them to use, kind of, destructive
    methods to sell their capacity. But in the meantime, we have
    been going back and forth with import surges. And the Trump
    administration had the Section 232 Tariffs that I think finally
    gave a respite to that behavior, and keeps an industry like
    steel; and for me, a guy that is a believer in free and of
    course fair trade along with it, think of that is necessary.
    Otherwise, I think sooner or later, if that glut was spread out
    among many countries, I think it would be different when it is
    within one that gives them such a disproportionate incentive to
    try to dump and use it the wrong way.
        Interested to know on the--I know the Biden administration
    is looking at some of the Trump era policies. Are you involved
    in the discussions on the Section 232 Tariffs?
        Ms. Raimondo. Yes, very involved. I will say--I have said
    many times, I know that these tariffs have upset our allies,
    but I have said many times they have worked in so far as--if
    you look at steel production after the tariffs, it is
    significantly higher. And they have helped to level the playing
    field, like you said, and protect American workers, but also
    protect our national security, because we cannot have these
    steel operations going out of business.
        So yes, I am deeply involved in the thick of them. The
    challenge is we have to figure out a way to protect our steel
    workers and our steel industry. But also be conscious of the
    fact that, you know, our allies, particularly in the EU, aren't
    pleased with us for slapping them with national security
    tariffs. So we have to find a balance.
        Senator Braun. So where do you see China's behavior in the
    long-term picture when it comes to kind of being the focal
    point of why we had to do that in the first place?
        Ms. Raimondo. I think we can assume that they will only get
    worse. I think we can assume they are the focal point. I think
    we should take as fact that they are engaged in anti-
    competitive practices and dumping, and I think we need to act
    accordingly and if--and we would be foolish to think any other
    way.
        Senator Braun. So I am guessing then, in that one
    particular area, the Trump policies on, you know, Section 232
    Tariffs, working pretty decently?
        Ms. Raimondo. Yes.

                     COUNTERVAILING DUTY/ANTIDUMPING CASES

        Senator Braun. Okay. Another issue, resources within your
    Department, I think that we are going to have increasing
    instances of dumping issues. And, you know, I know when that
    happens, it has got to go through a certain analysis, cases are
    created.
        Do you think with your current funding stream, that you are
    adequately kind of positioned, when it comes to what I would
    think is going to be a constant barrage of having to deal with
    those kinds of cases?
        Ms. Raimondo. I do. But I think it is worth us having a
    continued discussion. In 2016 we had 315 countervailing duty,
    antidumping cases pending. Today it is about 600. So the fact
    that they have doubled, we are keeping up, we are serious about
    enforcement, Congress appropriated us a-million-dollar fund for
    an anti-circumvention team, and then doubled it $2 million for
    an anti-circumvention team.
        So I guess what I am saying is, yes, but I want to reserve
    my right to come back at a later date to ask for more
    appropriations, because we have to be serious about it, and it
    is a lot of work.

                     MANUFACTURING AND TECHNICAL EDUCATION

        Senator Braun. So I am going to shift gears to a different
    topic with the time I have got remaining. Indiana is also the
    biggest manufacturing State per capita. We produce the most
    steel, and Indiana and Wisconsin kind of trade back and forth
    with that.
        I was on a school Board for 10 years in my hometown, served
    on the education committee at the State level for 1 year, and a
    lot of what I think ails finding people, the high-demand, high-
    wage jobs is that we have, in some cases, stigmatized the
    pathway of a career in technical education preparation.
        I see it changing a little bit, especially among rural high
    schools because, we in Indiana, I think ship out twice as many,
    4-year degrees as were used, and I think that is a great
    pathway, but it is not matching the needs of business and
    commerce with proper training.
        How much do you think not being able to align training with
    high-demand, high-wage jobs is maybe because there is that
    philosophy among higher ed, especially at the State level, that
    the only way to be successful in life is to get a 4-year
    degree? Or do you think we need to do better at actual
    preparing kids for degrees that are marketable and that are not
    going to put them on a pathway where they don't graduate in
    many cases?
        Ms. Raimondo. So, listen, I grew up as the daughter of a
    guy that worked at a factory, the same factory for 30 years. So
    I grew up on a steady diet of being told manufacturing is a
    great job. And as governor, I increased the amount of career
    and technical education programs in high schools by 40 percent,
    aligned our community college with businesses to do exactly
    what you say, match up skills with demand.
        College is not right for everyone. Half of the kids----
    people who go to college in America drop out, mostly because
    they cannot afford it. And then they are stuck with debt, no
    degree, and no job.
        So this administration, President Biden, and all of us, are
    committed to pursuing something along the lines of what you are
    talking about, which is career and technical education, to line
    people up with jobs that exist. And what I need to do, as the
    Commerce Secretary is bring business to the table. Show up and
    tell us what skills do you need, and actually commit to hiring
    people.
        Senator Braun. Thank you. I think there will be strong
    bipartisan support for that. And I think you have got the
    unique position to get the message out.
        Ms. Raimondo. Thank you.

                       SEASONAL SMALL BUSINESS WORKFORCE

        Senator Shaheen. Thank you, Senator Braun.
        I have a couple more questions and I don't know if we will
    have anybody join us but, hopefully, we can get through these
    before the next vote is called.
        When you were in New Hampshire one of the things that you
    heard loud and clear from our--particularly our tourism
    industry that was represented at that round table was the
    challenge of finding workers. Our unemployment rate in New
    Hampshire is back down to about 3 percent. And it is a huge
    challenge, and it is magnified this year by the inability to
    get visa workers, either H-2B visa workers, or J-1 one student
    visa, students to come and work in our seasonal businesses.
        And I was disappointed first that the administration
    decided to only add 22,000 additional H-2B visas for this year,
    and that it took so long to get the guidance out. It was only--
    it is only yesterday that employers are actually able to apply
    for those visas. And we have, as I think you heard at that
    round table, we have a number of seasonal businesses that have
    the same workers who come back every year. So it is not a
    question of vetting them. It is just a question of making sure
    that they can get in assuming that they pass a COVID test.
        So do you have thoughts about how Commerce can help us work
    with our seasonal small businesses to ensure that they get the
    workforce that they need?
        Ms. Raimondo. Yes. So thank you for bringing it up. By the
    way, I loved the visit, and I appreciate you inviting me. It
    was my first as Commerce Secretary.
        And I heard the same thing you heard, which is pretty
    heartbreaking stories about small businesses that are hanging
    on by their fingernails because last year they were crushed,
    and this year they need to reopen, and the biggest barrier they
    have is access to labor.
        So I heard it, and I share your concern. The Commerce
    Department--you know, this is in the Department of DHS in the
    area of DHS.
        Senator Shaheen. Right.
        Ms. Raimondo. I will commit to you today to call Ali
    Mayorkas again today and raise the concern, and to continue to
    raise the concern in the administration.
        I guess what the Commerce Department can do, what I will do
    is just be an advocate to explain to the administration, or
    reiterate--reiterate to the administration that these are the
    small businesses, the heart and soul of our communities, that
    is who we saw at New Hampshire.
        Senator Shaheen. Right.
        Ms. Raimondo. Small family-owned businesses that have been
    doing the same thing for 30 years are at risk of going out of
    business if we don't get them the labor they need. And this is
    by and large, temporary in nature, seasonal in nature,
    relatively, you know, low wage.
        So you have inspired me to go at it again. And I will do
    everything I can as an advocate, and if you have specific asks
    that you think I could do, I am all ears.
        Senator Shaheen. Well, thank you. I really appreciate that.
    And actually for many of the jobs in New Hampshire, because the
    labor shortage is so tight, the hourly pay--hourly wage is
    pretty high.
        Ms. Raimondo. Yes.
        Senator Shaheen. I mean, it is much higher than the Federal
    minimum wage at this point. Benefits and the long-term
    stability is lacking because they are seasonal jobs, but these
    are not jobs that New Hampshire workers, in general, want
    because the labor force is so tight. So I would appreciate
    anything that you can do.
        Ms. Raimondo. Mm-hmm.

                           FISHERIES MONITORING COSTS

        Senator Shaheen. To go to the other issue you heard about
    when you were in New Hampshire, which is our fisheries and the
    challenges faced by what has become a very small fishing
    industry now in the State. And one of the current concerns is
    the decision to require a hundred percent at-sea monitoring for
    our groundfish fisheries. And one of the things that has been
    really helpful over the last few years has been our ability to
    work with NOAA to help pay the cost of those at-sea monitors.
        Can you commit that you will help us continue to look at
    that and try and help ensure that we can cover some of those
    costs for the fishing industry that is really in dire straits?
        Ms. Raimondo. Yes. Yes. NOAA is planning to continue to
    fully fund the at-sea monitoring costs in New England, and
    obviously we will have--we will continue our dialogue.

                            CANADIAN BORDER CLOSURE

        Senator Shaheen. That would be great. And finally, one of
    the real challenges that we are seeing right now, and I am
    hearing from businesses in New Hampshire, about the closure of
    our border with Canada. And I appreciate that this was done to
    address COVID challenges on either side of the border, but as
    we are having more and more people vaccinated, it has become
    less of an issue in the United States. Canada is on a
    trajectory to vaccinate a very high percentage of its citizens
    as well.
        And I would hope that you can help encourage the
    administration to talk to our Canadian friends about the
    importance of opening that border. We have not only a lot of
    Commerce going back and forth across the border, that would
    like to go back and forth across the border, but in New
    Hampshire and in other--I know if Senator Collins were here,
    she would talk about Maine as well.
        We have families who have relatives on the other side of
    the border, and they have had real challenges going back and
    forth. So I think the sooner we can get that border open the
    better in terms of commerce.
        Ms. Raimondo. Yes. I agree. And I will do that. I will say
    that issue that Senator Murkowski brought up with the cruises,
    I was quite involved in that.
        Senator Shaheen. Good.
        Ms. Raimondo. Quite involved in that, speaking with
    Canadians, speaking with my Canadian counterpart, talking to
    the cruise lines, talking to our own HHS. So this is an area
    where I don't have any particular, you know, authority at all.
        Senator Shaheen. Right? No, I understand.
        Ms. Raimondo. I definitely will do what you ask and raise
    the concern and talk to my Canadian counterparts.
        Senator Shaheen. I think it is really helpful for all of us
    who see this as a concern to raise it, both here and in Canada.
    I know that the inner-parliamentary dialogue that goes on
    between our Congress and the Canadians happened last week, and
    that this came up as an issue for both Canadians and Americans.
    So hopefully this is something we will see change very soon.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. So that is the end of my questions. Thank
    you very much for being here. We have--let me just--we have an
    opportunity for questions for the record that need to be done
    within--I think we have until--the end of when?
        Thirty days.
        Senator Shaheen. Thirty days for the Department to respond.
    Don't we have a deadline for us to submit QFRs? One week. So
    one week from today. And, hopefully if there are any issues,
    either with those QFRs, or as you are looking at your budget
    and thinking about the challenges for the Department, please
    share any concerns with us, and let us know how things are
    progressing.
        Ms. Raimondo. Thank you.
        Senator Shaheen. And again, I appreciate your being here.
        Ms. Raimondo. Yes. Of course, and your team has been
    terrific, as have you been accessible to me. And I appreciate
    it.
        Senator Shaheen. Thank you.

        [The following questions were not asked at the hearing, but
    were submitted to the Department for response subsequent to the
    hearing:]
                  Questions Submitted to Hon. Gina M. Raimondo
                 Questions Submitted by Senator Jeanne Shaheen
     a review of the president's fiscal year 2022 funding request for the
                          u.s. department of commerce
        Question 1. During the last administration, there were several
    incidents where the Department allowed politics to influence scientific
    communication and decisionmaking. Perhaps the most concerning was the
    National Oceanic and Atmospheric Administration releasing a statement
    undermining National Weather Service meteorologists' prediction of
    Hurricane Dorian's track at the behest of the White House. The
    incident, which could have put property and lives at risk, was known in
    the media as ``Sharpiegate.''
        The Inspector General investigated the incident and found that,
    ``[t]he Statement undercut the NWS's forecasts and potentially undercut
    public trust in NOAA's and the NWS's science and the apolitical nature
    of that science.'' But Department employees who also participated are
    not bound by the agency-specific Scientific Integrity Policy, exposing
    a gap scientific integrity protections across the Department.
        I know that this is an important issue to you and the
    administration, with President Biden releasing a ``Memorandum on
    Restoring Trust in Government Through Scientific Integrity and
    Evidence-Based Policymaking'' in his first week in office.

        1a.  Does the Department of Commerce plan on implementing a
    Department-wide scientific integrity policy? Such a policy should not
    supersede an individual bureau's policy, but should serve as the
    baseline requirement to protect scientific research and communication.

        Answer 1a. Yes. DOC has stated it will develop its own policy. A
    DOC-wide scientific integrity policy would promote a continuing culture
    of scientific excellence and integrity, while informing management and
    policy decisions throughout the department. The DOC policy will
    establish a baseline with which all bureaus must comply and permit
    bureaus to develop their own policies that would be independent of the
    DOC policy as long as they are consistent with the fundamental
    principles of the DOC policy (i.e., not be weaker than the DOC policy).
    Mandatory training for all political appointees, as well as career
    Federal employees and DOC affiliates (such as contractors, interns,
    fellows, etc.), would enable proper implementation of the policy.
        The recent Presidential ``Memorandum on Restoring Trust in
    Government Through Scientific Integrity and Evidence-based
    Policymaking'' requires departments and agencies to have a Chief
    Science Officer and Scientific Integrity Official. The Department is
    working to fill these positions.

        1b.  If so, when can we expect to see a Department-wide scientific
    integrity policy?

        Answer 1b. The Department is consulting with bureaus including
    NOAA, the National Institute for Standards and Technology (NIST), and
    the Census Bureau (Census) to provide inputs for a draft Department-
    wide policy. The White House Office of Science and Technology Policy
    Scientific Integrity Task Force findings will also inform the
    Department's policy.
                                     ______

                   Questions Submitted by Senator Jerry Moran
        Question 1. The International Trade Administration's (ITA) trade
    promotion efforts are one important way that the Commerce Department
    helps to support American companies overseas and keep America
    competitive. However, our investments in this area and the reach of
    ITA's international field is lacking in comparison to that of China and
    other competitor nations. This is particularly the case in Africa,
    South America, the Caribbean, and the Western Pacific.

        1a.  How would the fiscal year 2022 budget request help to grow
    ITA's global network and better support the ability of U.S. companies
    to access emerging and competitive foreign markets?

        Answer 1a. The International Trade Administration (ITA) continues
    to strengthen the competitiveness of U.S. industry, promoting trade and
    investment and ensuring fairness through the rigorous enforcement of
    U.S. trade laws and agreements. ITA's Global Markets (GM) and U.S. &
    Foreign Commercial Service business unit helps U.S. companies export
    and/or increase sales to foreign markets through its U.S. Export
    Assistance Centers (USEAC) located throughout the United States, in
    conjunction with its Washington, DC, based staff and overseas offices
    in our U.S. Embassies and Consulates around the world. The fiscal year
    2022 budget request fully funds GM's current level of operations,
    enabling it to sustain its existing global footprint and the hiring
    gains achieved in fiscal year 2021.

        1b.  What does it say about how the Biden administration is
    prioritizing trade that under the fiscal year 2022 budget DOC's trade-
    related agencies--ITA and BIS--would receive the smallest percentage
    increases of any units within the Department? Is trade-related work a
    priority for the Biden administration?

        Answer 1b. As a key component of the Biden administration's
    objectives to promote post-pandemic economic recovery, job creation,
    and to protect national security, the trade-related work of BIS and ITA
    are priorities for the Department of Commerce. The administration's
    first focus was on critical programs at Commerce that were most in need
    of increased funding following the actions of the prior administration.
    In the case of BIS, given the broadened focus, in recent years, of its
    mission and the use of Commerce's export control tools, the
    administration needed time to carefully evaluate BIS' resource
    requirements for emerging or expanding program areas. Fully funding BIS
    and its national security mission is a priority and working with
    Congress on the future of BIS and necessary resources is a focal point
    for the Department of Commerce. In the case of ITA, the administration
    has proposed additional funding to examine exclusion requests,
    objections by U.S. producers, and rebuttals/surrebuttals in connection
    with Section 232 tariffs on imported steel and aluminum products.
    Additional funding was also proposed to support the current sample size
    of the Survey of International Air Travelers (SIAT) to provide
    additional data required by the U.S. Government and stakeholders to
    design economic programs to help the Travel and Tourism industry
    recover from the COVID-19 pandemic. The Department of Commerce remains
    focused on working with Congress to ensure that ITA is fully funded in
    order to fulfill its mission to strengthen the competitiveness of U.S.
    industry, promote trade and investment, and ensure fair trade through
    rigorous enforcement of U.S. trade laws and agreements.

        Question 2. The fiscal year 2022 budget request includes full
    funding for two new Manufacturing USA institutes, including one which
    would be focused on the design and manufacturing of semiconductors. The
    2020 National Defense Authorization Act included legislation that
    defined a number of industry areas that future Manufacturing USA
    institutes should be focused on. That list of industry areas included
    semiconductors, but also other important ``Industries of the Future''
    like artificial intelligence and quantum computing.

        2a.  If congress were to provide funding for new Manufacturing USA
    institutes in fiscal year 2022, is there a particular reason why both
    solicitations shouldn't allow for open competition among all relevant
    industry areas?

        Answer 2a. The Manufacturing USA statute provides NIST the
    authority to run ``open-topic'' competitions, accepting all topics
    proposed by industry. Should the President's fiscal year 2022
    discretionary budget request for two NIST sponsored Manufacturing USA
    institutes be enacted, NIST plans a single open-topic competition from
    which multiple awards may be made. The competition would be open to all
    topics from all industry areas. The competition would include a
    selection factor for national priority topics, as described in the
    National Strategic Plan for Advanced Manufacturing. Those priorities
    include semiconductor manufacturing, artificial intelligence, and
    quantum computing.

        2b. What is the driver behind the prioritization of EDA's coal
    program in the fiscal year 2022 budget over some of EDA's other
    nationwide programs like ``Public Works'' or the ``Regional Innovation
    Program?''

        Answer 2b. As we transition toward a clean energy future, the Biden
    administration is leading an all-of-government effort to help
    revitalize and promote regional economic growth and diversification in
    America's coal communities. This administration is committed to
    ensuring that coal communities are not left behind as the energy
    landscape transforms. This funding for coal communities will drive
    economic diversification, aid in the scaling of new industry sectors,
    and create good-paying jobs for hard-working Americans.

        2c.  How, if at all, would the request for increased funding for
    ``Restoration and Resilience'' within the National Oceanic and
    Atmospheric Administration go to supporting the resiliency needs of
    non-coastal States?

        Answer 2c. NOAA's increased funding for ``Restoration and
    Resilience'' will provide useful lessons learned and best practices
    related to risk communication and climate adaptation approaches that
    can be applied by communities in both coastal and non-coastal States.
    Flooding and resilience best practices and adaptation strategies
    developed at the coast can inform inland areas that experience drought,
    heat waves, changes in heavy precipitation or other disaster events.
    NOAA and its partner programs share successful approaches at national
    events, such as the National Adaptation Forum.
        Natural infrastructure is just one example of a mitigation and
    adaptation approach that can be applied in inland States to improve
    waterways and reduce risks from floods, droughts, and fires.
    Communities across the country are increasingly turning to nature-based
    approaches to address climate and weather hazards because, in many
    cases, these habitats are already well equipped to adapt to change and
    withstand or recover from weather impacts. NOAA's investments in
    coastal restoration and natural infrastructure solutions, as well as
    the resilience training, engagement, and capacity building planned for
    coastal communities, will provide critical information that can be
    shared with other communities that are working to adapt to a changing
    climate.
        As we look to rebuild our Nation's infrastructure of roads,
    bridges, buildings, railways, and airports, it is important to ensure
    these new infrastructure investments are resilient to environmental
    factors. When it comes to major infrastructure investments, resilience
    requires foundational positioning data to inform decisionmaking such as
    ``where to build a road,'' ``how tall to build a bridge,'' ``where will
    water flow once it reaches the land,'' etc.
        In order to answer these questions and build resilient
    infrastructure, surveyors and engineers need access to an accurate and
    cohesive reference frame for the Nation. NOAA's National Spatial
    Reference System (NSRS) provides a consistent coordinate system that
    defines latitude, longitude, height, scale, gravity, and orientation
    throughout the entire United States, not only in coastal States. A
    portion of NOAA's increased funding will be dedicated to modernizing
    the NSRS to further enhance data accessibility and accuracy for the
    entire Nation, including for our rural and remote communities. While
    captured under ``Observations and Forecasting,'' these investments also
    provide critical information to build resilience to climate and weather
    hazards.
        The need for resilient community infrastructure extends beyond
    coastal States. Farmers need an accurate reference frame to efficiently
    manage their crops. All Geographic Information Systems applications
    rely on an accurate reference frame. In the future, autonomous vehicles
    will rely on an accurate national reference frame to travel safely at
    high speed.
        In Oceanic and Atmospheric Research (OAR), the $10 million
    Enhancing Regional and Community Resilience by Scaling Up RISA Program
    and ``Climate-Smart'' Communities Initiative in the President's fiscal
    year 2022 discretionary request (OAR-33) would support lasting and
    equitable climate resilience across the Nation, including non-coastal
    States. The proposal builds on and extends the proven capabilities of
    the Regional Integrated Sciences and Assessments (RISA) program and the
    U.S. Climate Resilience Toolkit (USCRT) to advance adaptation measures
    and resilience planning at regional and local scales, while
    prioritizing environmental justice. If funded, this initiative would
    expand the RISA program and increase support for existing RISA Regional
    Teams, which include many non-coastal States. It would also support a
    new public-private partnership, the Climate-Smart Communities
    Initiative, to scale up and accelerate training and the pace of
    resilience-building in communities across the Nation utilizing the
    USCRT. Communities that engage in this initiative will be better
    positioned to identify their climate information needs,
    vulnerabilities, risks, and potential resiliency solutions, and thus
    may turn to RISA or other activities for more in-depth analysis and
    tailored support.

        Question 3. Concurrent with the transmission of the answers to the
    fiscal year 2022 Questions for the Record, please provide the following
    information:

        3a.  The number of days the fiscal year 2022 Questions for the
    Record were with the individual Department of Commerce Bureaus for
    response and review.
        3b.  The number of days the fiscal year 2022 Questions for the
    Record were with the Department of Commerce Office of Budget for
    response and review.
        3c.  The number of days the fiscal year 2022 Questions for the
    Record were with the Department of Commerce Office of Legislative and
    Intergovernmental Affairs for response and review.
        3d.  The number of days the fiscal year 2022 Questions for the
    Record were with the Department of Commerce Office of Policy and
    Strategic Planning for response and review.
        3e.  The number of days the fiscal year 2022 Questions for the
    Record were with the White House Office of Management and Budget for
    response and review.

        Answer 3a-3e. The Office of Budget (OB) received QFRs on June 15,
    2021. After reviewing questions to determine Bureau assignment, OB
    distributed QFRs to DOC Bureaus on June 22. All bureaus responded to OB
    by July 14. After review and edits, OB forwarded QFRs to the Office of
    the Secretary (OLIA, OGC, and Policy) on July 23 for staffing. The
    Office of Secretary cleared all QFRs on September 1. OB forwarded QFRs
    to OMB on September 8. OMB cleared the QFRs on October 8; OB finalized
    all responses and forwarded them to the Office of the Secretary for
    final review and clearance for Hill transmittal on October 13.

        Question 4--Add On. On January 5, 2021 the Trump administration
    released Executive Order 13971 to continue its strong stance against
    Chinese controlled companies. Similarly, the Department of Commerce
    under the previous administration released an interim final rulemaking,
    ``Securing the Information and Communications Technology and Services
    Supply Chain'' (ICTS) on January 19, 2021, to address national security
    threats to information and communications technology posed by ``foreign
    adversaries,'' including China. While these efforts are lauded, much of
    U.S. industry has expressed concerns over the uncertainty of when and
    how these executive actions will be implemented and what will be
    required to comply with their restrictions.

        4a.  With respect to the ICTS interim final rule that became
    effective on March 22, 2021, can you provide further details on how and
    when the Department will implement this now-effective rule to ensure
    that U.S. companies have clear guidance on how to comply? Furthermore,
    what actions is the Department currently taking to enforce this rule?

        Answer 4a. The Department has stood up an Information and
    Communications Technology Task Force under the Office of the Secretary
    that is led by the Deputy Assistant Secretary (DAS) for Intelligence
    and Security (I&S), and includes key stakeholders from various bureaus
    and offices, such as the Bureau of Industry and Security, International
    Trade Administration, National Telecommunications and Information
    Administration, and the Office of General Counsel. The task force is
    supporting both operations and policy under Executive Order (EO) 13873
    and related orders.
        The Department is currently assessing comments received following
    the publication of the Information and Communications Technology and
    Services (ICTS) interim final rule (IFR), which will guide the
    Department in any changes it deems necessary in revising the final
    rule. Nonetheless, the IFR is currently in force, and will remain so.
    President Biden also signed Executive Order (EO) 14034 on Protecting
    Americans' Sensitive Data from Foreign Adversaries on June 9, 2021.
    Because this EO establishes new criteria for the evaluation of
    transactions involving connected software applications, the Department
    plans to solicit additional input through the rulemaking process on
    these criteria. This will allow for additional input from the business
    community and collaboration with the Department in revising the final
    rule. The Department is committed to providing guidance on the rule's
    implementation.
        As the Secretary announced on March 17 and April 13, 2021, the
    Department has issued subpoenas supporting the review of transactions
    under EO 13873.

        4b.  Now that the Department has collected comments on the ICTS
    interim final rule, does Commerce plan to release further guidance and
    direction to implement the rule? Are any additional rulemakings planned
    in light of the comments received from industry, and if so, what is the
    anticipated timeframe for such actions?

        Answer 4b. The Department is currently assessing comments received
    following the publication of the Information and Communications
    Technology and Services (ICTS) interim final rule (IFR), which will
    guide the Department in any changes it deems necessary in revising the
    final rule. Nonetheless, the IFR is currently in force. Furthermore,
    the Department also issued an advance notice of proposed rulemaking
    (ANPRM) for a pre-clearance/licensing program for ICTS Transactions.
    This ANPRM was issued on March 29, 2021, and closed on April 28, 2021.
    The Department is currently assessing comments received from the ANPRM.
        Finally, as noted above, President Biden signed Executive Order
    (EO) 14034 on Protecting Americans' Sensitive Data from Foreign
    Adversaries on June 9, 2021. Because this EO establishes new criteria
    for the evaluation of transactions involving connected software
    applications, the Department plans to solicit additional input on these
    criteria as it seeks to finalize implement EO 13873. This will allow
    for additional input from the business community and collaboration with
    the Department in revising the final rule.

        4c.  What considerations has the Department taken, or will it take,
    in implementing the ICTS rule to help ensure it is not overbroad or
    unnecessarily burdensome for U.S. companies to comply?

        Answer 4c. The Department takes seriously its dual role of
    encouraging United States commerce to thrive, while also addressing the
    national security threat posed by the exploitation by foreign
    adversaries of the Information and Communications Technology and
    Services (ICTS) supply chain. The Department's implementation of the
    rule will give due consideration to both of these critical interests.
    As described in more detail above, the Department is undertaking
    further engagement with industry through the rulemaking process and is
    committed to providing guidance to industry as it implements the rule.

        4d.  Given the breadth of the interim final rule, does the
    Department intend to provide guidance to industry on what products or
    technologies are of most concern from a national security perspective?

        Answer 4d. The current interim final rule contains a list of the
    categories of transactions involving ICTS that are subject to
    Department review in 15 CFR Part 7, Section 7.3. As it implements the
    rule, the Department will consider the extent to which it can provide
    further guidance to industry on the categories of ICTS transactions
    that are of concern.

        4e.  With respect to Executive Order 13971, can you provide the
    Committee with a timeline on its implementation and when we can expect
    to receive further details on how it will be implemented?

        Answer 4e. Executive Order (EO) 13971 was revoked upon the issuance
    of EO 14034, Protecting Americans' Sensitive Data From Foreign
    Adversaries, on June 9, 2021.
                                     ______

              Questions Submitted by Senator Christopher A. Coons
        Question 1. Legislation under Senate consideration would direct the
    Department of Commerce to implement Section 9902 of the Fiscal Year
    2021 National Defense Authorization Act (the CHIPS Act), to incentivize
    investments in a more secure and resilient semiconductor supply chain.
    Under your direction, would the scope of this program include new and
    expanded facilities to produce equipment and materials used to produce
    semiconductors?

        Answer 1. The Department is developing plans for the implementation
    of the CHIPS Act funding requested as part of the American Jobs Plan
    and included in the United States Innovation and Competition Act passed
    by the Senate. The Department is designing the program to incentivize
    the construction and expansion of facilities to restore U.S. leadership
    in semiconductor manufacturing.
        Under the statute, eligible entities include private entities,
    consortia of private entities, or consortia of public and private
    entities with a demonstrated ability to substantially finance,
    construct, expand, or modernize a facility relating to fabrication,
    assembly, testing, advanced packaging, or research and development of
    semiconductors.
                                     ______

                 Questions Submitted by Senator Lisa Murkowski
        Question 1. In Alaska, 144 ``environmentally threatened''
    communities need an estimated $4.3 billion to address climate change
    impacts on infrastructure. For example, decades of planning and
    millions of dollars were required to relocate one village, the
    Southwest Alaska village of Newtok, to an all-new village called
    Mertarvik. This is a testament to the enormous climate-related
    difficulties facing any coastal or river village or small town in
    America. The Newtok Village Council navigated multiple Federal and
    State agencies to obtain funding and implement design, engineering, and
    construction. This is just one example of how Alaska is on the front
    lines of climate change; it is also experiencing substantial climate-
    related impacts to fisheries due to warm water blobs in the Gulf of
    Alaska and stock migrations into colder waters.

        1a.  The Department of Commerce plays a critical role in preparing
    our Nation for the impacts of climate change through the National
    Oceanic and Atmospheric Administration's (NOAA) science and research
    projects. We cannot adapt and Congress cannot make informed decisions
    without reliable information. I see that the discretionary request
    includes $800 million for NOAA to expand climate observation,
    forecasting, and research. How would NOAA utilize those funds to better
    prepare a State like Alaska that is ground-zero for climate change in
    the Arctic?

        Answer 1a. Within NOAA's National Ocean Service, fiscal year 2022
    spending will support Alaska observations and forecasting, as requested
    within the Modernizing NOAA's Foundational Geospatial Positioning
    Framework and Water Level Observations for Climate Decision Support
    request. Specifically, this includes funding to ensure that National
    Water Level Observation Network stations in Alaska continue to provide
    valuable real-time water level data to Alaskan communities, and to
    support airborne gravity data collection along the Aleutian Island
    chain.
        NOAA Oceanic and Atmospheric Research (OAR) has several programs
    that focus on the Arctic region, including Alaska, which would expand
    activities related to climate observation, forecasting, and research
    using the funds.
        NOAA's Regional Integrated Sciences and Assessments (RISA) Program
    increases regional capacity to adapt to climate change. RISA's Regional
    Teams, including the Alaska Center for Climate Assessment and Policy
    (ACCAP) at the University of Alaska Fairbanks, build sustained
    relationships between decision makers and researchers that support
    collaborative and equitable adaptation to climate risks. ACCAP has been
    funded since 2006 and has applied for another competitively selected
    award to continue work 2021-2026.
        A portion of the $10 million Enhancing Regional and Community
    Resilience by Scaling Up RISA Program and ``Climate-Smart'' Communities
    Initiative in the President's fiscal year 2022 discretionary request
    (OAR-33) would increase the RISA Program's funding. If this initiative
    is funded, it would enable the ACCAP RISA to extend their work across
    and into more communities to directly aid decision maker efforts with
    climate change impacts. For example, this request includes funds for
    small grants to facilitate the inclusion of non-profit Alaska Native
    social services organizations in the ACCAP RISA's capacity building
    efforts. ACCAP RISA will expand Alaska's regional capacity to adapt to
    climate change in partnership with NOAA research and services by: (1)
    conducting decision-relevant climate analysis and engaging in knowledge
    to action partnerships that meet local and regional climate science
    needs related to extreme events and impacts; (2) supporting Tribal
    resilience; (3) advancing climate change related outreach, science
    communication, engagement, and networking in Alaska among diverse
    groups; and (4) evaluating how well ACCAP's science is informing
    societal outcomes.
        NOAA Sea Grant provides critical engagement with coastal and Tribal
    communities in Alaska and around the country, providing locally
    relevant research, technical assistance, and extension expertise to
    improve economic and environmental resilience in these communities,
    including addressing climate impacts. A portion of the $35 million
    increase for Sea Grant Builds Resilient Coasts: Expanding Local and
    Regional Coastal Resilience Capacity and Community Assistance in the
    President's fiscal year 2022 request (OAR-89) will expand Sea Grant's
    research and engagement efforts to make coastal communities, including
    those in Alaska, more resilient to natural hazards and changing
    conditions. Sea Grant represents long-standing, embedded, and trusted
    networks that harness the depth, reach, and voices of university,
    State, and local expertise, including traditional knowledge. Sea Grant
    also focuses on critical partnerships, like those with RISA above, that
    provide essential complementary resources and services needed to more
    fully support communities.
        Additionally, through initiatives like the request $23 million
    Advancing Global Ocean Observing System increase (OAR-98) in the
    President's fiscal year 2022 request, NOAA's Global Ocean Monitoring
    and Observing (GOMO) Arctic Research Program will make investments in
    new observational, modeling, and forecasting capacity to improve NOAA's
    sea ice forecasts, which are directly related to Alaskan coastal
    resilience, subsistence activities, and safe over-ice travel. The
    Coupled Arctic Forecast System (CAFS) is a NOAA experimental model that
    is currently outperforming a number of operational forecast center sea-
    ice models when compared to observations. Further development of this
    model supported by fiscal year 2022 appropriations would include
    working with Alaskan communities, navigators, search and rescue
    personnel, and fisheries management organizations to gather
    requirements and develop new tailored modeling products to provide
    specific services for these users. Other investments focus on gathering
    higher resolution observations of sea ice and ocean heat content to
    enhance NOAA operational sea ice and marine forecasts. These
    improvements will make a meaningful impact on the information the State
    of Alaska needs to make informed decisions regarding the impacts of
    climate change and rapidly diminishing sea ice.
        GOMO's Arctic Research Program will also invest in observations
    that improve spatial coverage and understanding of harmful algal bloom
    species that are emerging in the Northern Bering and Chukchi Seas.
    Studies show that recent warming of Chukchi Sea waters has reached
    levels that now support the development of toxic blooms in that region,
    representing a significant and recurrent threat to human and ecosystem
    health, particularly given the heavy dependence on subsistence
    harvesting for food. The Arctic Research Program will work with
    partners at the Alaska Ocean Observing System, NOAA Fisheries, and the
    NOAA Ocean Service to continue monitoring this emerging threat to
    Alaskan communities. Additionally, the President's budget request would
    allow for improved observational coverage and investment in the
    development of a model of ocean acidification (OA) in the Chukchi Sea,
    as well as enhanced modeling of OA in the Bering Sea.
        Also, within OAR, NOAA has two initiatives specifically targeting
    underserved coastal communities, including a $3 million increase for
    Tribal Drought Resilience Initiative (OAR-38) and a $5 million increase
    for Sea Grant's Service Equity: Assessing and Integrating Diversity,
    Equity, and Inclusion Actions to Support Underserved Communities (OAR-
    94), in the President's fiscal year 2022 request. These requests
    support actions such as cutting-edge climate forecasting and service
    delivery and a robust approach to diversity, equity and inclusion to
    position NOAA as a leader in support of vulnerable communities to
    prepare for, adapt to, and become more resilient.
        The National Weather Service (NWS) will execute a much-needed
    recapitalization of the long-standing Tropical Atmosphere Ocean (TAO)
    buoy array, which provides vital data on sub-seasonal to seasonal (S2S)
    and year-to-year climatic variations related to El Nino and the
    Southern Oscillation that can have tremendous impact on the Nation's
    weather. These data are used to produce NWS' seasonal outlooks. Like
    shorter-term forecasting, the study of this variability enables more
    rapid prediction of climate anomalies that would impact the United
    States, including Alaska and the Arctic regions of the globe.
        The NOAA/NWS fiscal year 2022 budget request includes $15 million
    to establish a Seasonal Forecast System (SFS) forecast capability to
    improve the skill, lead time, and breadth of climate, seasonal and
    extended range weather and environmental prediction. The SFS will
    enable NWS to provide enhanced critical long-range monthly and sub-
    season to seasonal predictions for Alaska. The combination of the
    Global Forecast system for weeks 1 and 2 and the SFS can be used for
    managing water resources and also include predictions for flood and
    drought; storm severity and frequency; extreme heat or cold waves;
    extreme winds; fire severity and danger; coastal storm surge and
    erosion, and other environmental factors. Through our $5.3 million Sub-
    Seasonal to Seasonal Decision Support Services request, the NWS will
    leverage social science to engage stakeholders across multiple sectors
    (e.g., agricultural, water resources, public health, emergency
    management, marine resources, and energy sectors), including decision
    makers in underserved communities such as Tribal governments,
    economically disadvantaged rural regions, and other vulnerable
    populations, in the development of requirements for actionable data/
    services. This information will be used to co-develop decision support
    services that meet those stakeholder needs using an iterative approach.
    We will continue to engage and listen to key decision makers in Alaska
    such as Native Alaskan water managers, emergency managers, energy
    producers, and other sectors to insure that these model prediction
    capabilities address their needs and include providing the necessary
    information to make informed long lead time decisions which have
    significant impact on the Alaskan economic vitality and domestic
    security, that communities are ready for and respond to impending
    impactful weather, water and climate events.
        In the United States, floods account for more loss of life and
    property than any other type of severe weather-related event. To
    mitigate flooding impacts to the U.S. population and economy, the NOAA/
    NWS fiscal year 2022 budget request includes a $5 million initiative to
    operationalize a Flood Inundation Mapping (FIM) capability nationwide.
    This FIM capability has been successfully demonstrated in Texas and the
    northeast United States as part of NOAA's only DOC Agency Priority
    Goal. This initiative will enable the NWS to complete the development,
    operational implementation, and distribution of FIMs nationwide.
        Implementation of FIM in Alaska would be provided for inland
    waterways wherever there are appropriate terrain and hydrography
    datasets. Initially, this includes Alaska locations where NWS produces
    official river forecasts. In fiscal year 2023, after National Water
    Model (NWM) v3.0 is deployed, high-resolution NWM-based streamflow
    guidance will also be used to generate real time FIM for rivers flowing
    into the Cook Inlet and the Copper River and its tributaries. These
    watershed domains include about 65 percent of the Alaska population.

        1b.  The University of Alaska Fairbanks (UAF) recently acquired
    nearly 100 real-time seismic and weather stations that were installed
    across Alaska as part of the National Science Foundation USArray
    Transportable Array. This network provides crucial seismic and
    atmospheric data to the U.S. Geological Survey, NOAA, the Department of
    Defense, and other agencies. In fiscal year 2021, UAF joined the
    National Weather Service's National Mesonet Program with the intention
    of incorporating 70 of these stations (mostly in northern and western
    Alaska) into the National Mesonet and supplementing their weather and
    atmospheric monitoring capabilities. Will the northern set of these
    weather and atmospheric sensors be helpful as NOAA works to better
    understand climate and weather patterns in Alaska?

        Answer 1b. Yes, these stations will be very helpful to NWS through
    the National Mesonet Program. Roughly 10-15 are installed over northern
    Alaska in the Brooks Range and the North Slope. All the stations are in
    the interior of Alaska, and mostly in areas with no other observation
    sources, so these remote stations provide valuable data that fill gaps
    in our observing capabilities, enhancing the NWS forecast and warning
    mission for Alaska, as well as supporting research to improve the
    understanding of weather patterns and pattern evolution.
        The ability to use these observations for climate monitoring will
    be dependent upon the long-term sustainment of the observation stations
    to be able to develop a climatology of the observations and to detect
    longer term trends.

        Question 2. On May 6, the Departments of the Interior, Agriculture,
    and Commerce, NOAA, and the Council on Environmental Quality released a
    preliminary report titled ``Conserving and Restoring America the
    Beautiful'' in response to President Biden's Executive Order (EO) on
    ``Tackling the Climate Crisis at Home and Abroad.'' The EO included
    direction for the above agencies to create a plan to conserve 30
    percent of U.S. lands and waters by 2030. They recommended a ``10-year,
    locally-led campaign to conserve and restore the lands and waters upon
    which we all depend.'' The report recommends the creation of an
    American Conservation and Stewardship Atlas that collects baseline
    information on the amount and types of lands and waters that are being
    managed for conservation and restoration purposes. The Council
    Coordination Committee of the U.S. Regional Fishery Management Councils
    has formed a subcommittee to work on an atlas of waters already managed
    for conservation under the Regional Fishery Management Council
    processes.

        2a.  As you know, there is a complex suite of existing laws
    providing the government authority to protect and allow sustainable use
    of our marine resources. In implementing this order from the President,
    how will you consider the input of Alaska's resource-dependent
    communities and prioritize the livelihoods of people who depend on
    fishing and resource development?

        Answer 2a. The America the Beautiful report to the Task Force is
    the first step in designing a process to solicit public and stakeholder
    input on a strategy for achieving ``30x30.'' Section 216(a)(i) of EO
    14008 directs NOAA, among other Federal agencies, to ``solicit input
    from State, local, Tribal, and Territorial officials, agricultural and
    forest landowners, fishermen, and other key stakeholders in identifying
    strategies that will encourage broad participation in the goal of
    conserving 30 percent of our lands and waters by 2030.'' Guided by the
    principles in the report, NOAA will continue to seek input from ocean
    and coastal stakeholders about how to implement and measure additional
    conservation.

        2b.  How does the Alaska National Interest Lands Conservation Act's
    (ANILCA) ``no more'' clause factor into the administration's decision
    to consider designations in Alaska?

        Answer 2b. NOAA defers to DOI on this question, as that is under
    their jurisdiction.

        2c.  How will you incorporate input from the Regional Fishery
    Management Councils in the American Conservation and Stewardship Atlas?

        Answer 2c. The America the Beautiful report acknowledges the great
    work of the regional fishery management councils, in collaboration with
    NOAA and U.S. fishermen, to transparently manage sustainable U.S.
    fisheries. NOAA Fisheries is currently briefing and taking input from
    all the Councils. In addition, in response to this effort, the Council
    Coordination Committee has developed a sub-committee to develop a
    report on area-based measures for marine fisheries in the United
    States. We look forward to that report and will continue to work with
    the Councils as we move forward in this process.

        Question 3. In the COVID-19 relief funding that was part of the
    Consolidated Appropriations Act of 2021, Congress provided the
    Department of Commerce's National Telecommunications and Information
    Administration (NTIA) $1 billion directed to Tribal governments for
    broadband deployment.

        3a.  There are 231 federally recognized Tribes in Alaska, out of
    574 federally recognized Tribes in the United States. The $1 billion
    provided to NTIA for a Tribal Broadband Connectivity Program could be
    incredibly beneficial to Alaska, which suffers from a severe broadband
    deficit across the State. I know that NTIA has been conducting very
    important Tribal consultations over the last several months, and I
    thank you for meeting with them and incorporating their input. I would
    like to hope that the unique situations in Alaska are being considered
    and will be included in the final grant program. Could you please
    provide an update on the stage the Program is in and what you expect
    next?

        Answer 3a. As you noted above and recognizing the special nature of
    the Nation-to-Nation relationship, early in the grant program
    development process, NTIA held three virtual Tribal Consultation
    sessions to hear from Tribal Leaders, which formed the design of the
    Tribal Broadband Connectivity Program (TBCP). NTIA published the TBCP
    Notice of Funding Opportunity on Grants.gov on Thursday, June 3, 2021.
    The application window will close on September 1, 2021.
        NTIA is committed to continuing a respectful and productive
    dialogue as the grant program is implemented. To date, NTIA has held a
    total of four Tribal Broadband Connectivity Program-specific webinars
    with a cumulative total of 1,415 registrants to help prospective
    applicants understand the grant program and to assist applicants in the
    preparation of high-quality grant applications. In addition, NTIA also
    intends to hold six more webinars for all interested applicants before
    the application window closes and release multiple rounds of Frequently
    Asked Questions based on questions received from interested applicants.
    NTIA will also conduct focused outreach and communications with Tribal
    leaders and Tribal stakeholder organizations. On June 30, 2021, NTIA
    presented the TBCP at the Alaska Regional Tribal Broadband Meeting
    hosted by the Denali Commission.
        Another significant part of NTIA's grant program development and
    execution is NTIA's work with the State Broadband Leaders Network on
    all three NTIA grant programs. Alaska's Senior Development Executive in
    the Department of Commerce, Community, and Economic Development has
    been involved in these meetings and discussions. NTIA has worked with
    him to ensure that both the Broadband Infrastructure Program and the
    TBCP will meet the State's broadband needs. In addition, the State of
    Alaska has signed a Joint Project Agreement with NTIA to access the
    data in the National Broadband Availability Map.
        Further, NTIA recognizes that there may be instances where a
    proposed technological solution may not directly meet all aspects of
    the definition of broadband as stipulated in the funding rules, in
    particular for latency. For example, in proposed service areas with
    challenging geography and topography, the only viable technology
    solution option may have higher latency than what is specified in the
    definition of qualifying broadband. Given these specific topographical
    and geographical challenges, which are certainly present in Alaska,
    NTIA will take that into consideration in its application review
    process.
        As a part of the application review process, NTIA will coordinate
    with the Federal Communications Commission (FCC) and Department of
    Agriculture (USDA), as required by the statute, and will also consult
    the National Broadband Availability Map, to understand whether past or
    current Federal broadband investments made in a particular area are
    already providing qualifying broadband service under the statutory
    definition. This will help NTIA to focus its grant investments on
    proposed projects for which qualifying broadband service is unavailable
    in proposed grant funded service areas, which would therefore be
    eligible for grant funding. NTIA is working with other Federal agencies
    to coordinate and to ensure that the most current information about the
    status of an awarded area is taken into consideration before making
    grant awards. On June 25, 2021, NTIA, USDA and the FCC announced that
    the three agencies had signed an interagency agreement committing to
    data-sharing and coordination. The agencies are meeting regularly to
    develop the processes required to implement the agreement.
                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question 1. Oysters are an essential part of the Chesapeake Bay
    habitat and economy. However, as a result of disease, overfishing, and
    degraded water quality, amongst other problems, just 1-2 percent of the
    historic native oyster population remains. Maryland has had success
    with shellfish aquaculture in the Bay, where it provides water
    filtering benefits and has helped in our efforts to increase the oyster
    population.
        The NOAA Chesapeake Bay Office, as part of the Chesapeake Bay
    Program, is working towards a goal to restore oysters to 10 Chesapeake
    tributaries by 2025. As of mid-2020, more than 800 acres have been
    restored around the Bay under this initiative, and to date, 98 percent
    of the reefs monitored 3 years after restoration meet the standards for
    a restored reef--an outstanding success rate. A number of recent
    studies have identified marine aquaculture as a climate-friendly method
    of producing animal protein for a growing population. Do you support
    the work NOAA is doing to increase sustainable U.S. aquaculture
    production as a way to support the administration's plans to mitigate
    climate change and restore devastated populations and habitats?

        Answer 1. I do support NOAA's work, in partnership with USDA and
    others, to encourage sustainable aquaculture. Marine aquaculture is
    among the most ``climate-smart'' forms of food production, for example
    producing significantly less greenhouse gas emissions and requiring
    less (or no) fresh water compared to other farming methods. In
    addition, shellfish and seaweed, whether farmed or wild, provide a
    range of ecosystem services that can help mitigate the impacts of
    climate change. In addition to producing healthy seafood, aquaculture
    is a key part of NOAA's strategy for habitat restoration and for the
    recovery of some depleted species.
        NOAA has pioneered research to characterize and operationalize the
    restorative benefits of shellfish and seaweed aquaculture. Through a
    broader effort to develop Ecosystem-Based Aquaculture Management, NOAA
    and partners led a recent global-scale analysis to identify where
    restorative aquaculture opportunities are greatest, indicating
    substantial potential for growth of bivalve shellfish and seaweed
    aquaculture along all coasts of the United States to provide
    restorative environmental and socioeconomic benefits. NOAA is currently
    serving on a working group led by The Nature Conservancy to define the
    ``Principles of Restorative Aquaculture'' alongside representatives
    from The World Bank, Global Environment Facility, World Wildlife Fund,
    WorldFish, U.N. Food and Agriculture Organization, and other
    multinational institutions. This includes research by the National
    Ocean Service and NOAA Fisheries to quantify the nutrient removal
    capabilities of oyster aquaculture, which has recently been used by the
    State of Maryland to develop a shellfish nutrient credit trading
    program to monetize nutrient removal services from farmed oysters.
    Further, the Northeast Fisheries Science Center has led cutting-edge
    research to understand potential wildlife habitat benefits of shellfish
    aquaculture for native and commercially important wild species.
        NOAA is a world leader in environmental modeling and marine field
    research to support sustainable aquaculture practices. We have
    developed a range of powerful science-based tools to support
    sustainable development of shellfish, seaweed, and finfish operations.
    We have developed tools to predict and avoid potential genetic impacts
    from escaped fish, and through grant funding have helped to develop
    stronger cage designs that reduce the likelihood of escapes. We work
    with the Environmental Protection Agency to develop and use predictive
    models to avoid impacts of finfish farming on water quality. We have
    developed spatial planning tools to inform siting and minimize user
    conflicts. We work with Naval Academy engineers to develop structural
    engineering guidelines for finfish cages and to explore engineering
    solutions to avoid entanglement risk. Our work with USDA and other
    partners to develop alternative ingredients has led to a dramatic
    reduction in the amount of forage fish in commercial fish feeds.
        NOAA's aquaculture research program supported through the NMFS
    Office of Aquaculture and Science Centers, OAR's National Sea Grant
    College Program, and NOS's National Centers for Coastal Ocean Science,
    provide robust scientific information to support confident regulatory
    decisions that ensure potential negative impacts from marine
    aquaculture are minimized. As marine aquaculture grows in the United
    States, there will be a need for additional research and development to
    further develop and deploy these and other science-based tools to
    inform the sustainable development of the sector.

        Question 2. NOAA is a vital partner in our efforts to restore our
    Nation's marine sanctuaries and habitats. I've recently learned that
    NOAA is planning on reprogramming and imposing additional corporate
    costs that would utilize funding intended for the Office of National
    Marine Sanctuaries (ONMS) programs. This will have detrimental effects
    on the newly designated Mallows Bay-Potomac River National Marine
    Sanctuary that will impact community programs, mission critical
    operations and initiatives, and reduce the sanctuary programs ability
    to respond to community and resource management needs.
        The Consolidated Appropriations Act of 2021 provides $56.5 million
    in NOAA's Operations, Research, and Facilities (ORF) funds and $4
    million in Procurement, Acquisition, and Construction (PAC) for
    sanctuaries budget--an increase of nearly $1 million in fiscal year
    2020. However, according to directives from the NOAA Office of the CFO,
    the ONMS funds will be levied with $1.2 million in reprogramming costs
    to cover other aspects of the NOAA budget. Will you work to protect the
    Office of National Marine Sanctuaries budget from these administrative
    costs, which will add to the nearly 20 percent of ONMS funding
    currently supporting other NOAA costs?

        Answer 2. NOAA does not take reprogrammings lightly and only seeks
    to reprogram funds from a program when there is an unanticipated,
    critical need elsewhere. These reprogrammed funds were used to support
    two mission-critical NOAA acquisition projects and prevent noticeable
    and significant impacts to both weather forecast and watch operations
    and the operations of the entire commercial weather enterprise. NOAA's
    mission would have been significantly compromised had no action been
    taken to address the emergent need. Although reprogrammings of that
    size are unusual, it is not uncommon for unanticipated costs to arise
    during the course of the fiscal year. To the greatest extent possible,
    NOAA seeks to mitigate such issues without imposing additional
    administrative burdens. In this case, savings from reduced travel in
    fiscal year 2020 due to COVID helped to offset the impact of these
    reprogrammings.

        Question 3. NOAA's Marine Mammal Health and Stranding Response
    Program (MMHSRP) coordinates emergency responses to sick, injured,
    distressed, or dead marine mammals on a national scale. Organizations
    that make up the Sea Turtle Stranding and Salvage Network (STSSN) are
    facing increasing demands to respond and rehabilitate federally
    protected sea turtles, and there is inadequate funding to support this
    work. Many of the institutions involved in sea turtle recovery do so on
    a voluntary basis, despite their participation in Marine Mammal
    Stranding Networks and eligibility for direct support via NOAA's
    Prescott Grant Program. Unfortunately, due to insufficient funding and
    the highly competitive nature of the grant, the STSSN is often left
    without sufficient resources to support response to and care for these
    federally protected marine species.
        An informal survey of eight of the largest sea turtle stranding and
    response programs on the eastern seaboard found a median annual cost
    for sea turtle stranding rehabilitation of more than $400,000 per
    institution. This level of ``voluntary'' contribution to Federal
    efforts to protect ESA-covered species is not sustainable. Will you
    support the creation of a pilot program to provide direct support to
    institutions who provide sea turtle stranding response and
    rehabilitation services in support of NOAA's stewardship
    responsibilities to these federally-protected endangered species?

        Answer 3. I would like to clarify that the Prescott Grant Program
    is authorized solely under the Marine Mammal Protection Act and
    administered by the Marine Mammal Health and Stranding Response Program
    (MMHSRP), which only covers marine mammals and not sea turtles (since
    sea turtles are reptiles). Therefore, the Prescott Grant Program would
    not be the appropriate way to provide funds for sea turtle emergency
    response. NOAA Fisheries coordinates the Sea Turtle Stranding and
    Salvage Network (STSSN) under the authority of the Endangered Species
    Act (ESA), separate and distinct from the MMHSRP. The STSSN includes
    permitted partners in States from Maine through Texas, Puerto Rico and
    the USVI, the U.S. west coast, and Hawaii. The STSSN responds to and
    documents both live and dead sea turtles that strand in coastal areas.
    Live stranded sea turtles are placed in permitted rehabilitation
    facilities for short and/or long-term care depending on their
    condition. NOAA Fisheries depends on these partners to care for these
    turtles and release them back to the wild when they are determined
    healthy. Should funds be appropriated to NOAA for such ESA programs as
    the STSSN, they could be administered similarly to how the MMHSRP
    administers the Prescott Grant Program, via a competitive process.

        Question 4. MBDA Business Centers, like the Baltimore and Capital
    Region Business Centers, are responsible for providing MBEs with access
    to procurement opportunities during the program year. We understand
    that while the Minority Business Development Agency once provided
    Business Centers with procurement research software, these software
    contracts weren't renewed with the service providers and Business
    Centers have not received an alternative resource in researching
    procurement opportunities for their clients. This has impacted the
    Business Centers' ability to identify procurement opportunities for
    MBEs.
        We appreciate that the President's fiscal year 2022 budget request
    calls for a 46 percent increase to MBDA's funding relative to the
    fiscal year 2021 enacted level (and note that the Fiscal Year 2022
    Congressional Bureau Justification for the Minority Business
    Development Agency has not yet been provided). Will you work to ensure
    that MBDA Business Centers have access to the procurement research
    software that they need to effectively serve their clients and carry
    out their missions?

        Answer 4. In fiscal year 2022, MBDA is committed to exploring
    options for deploying the latest technology and digital engagement
    tools that will allow the Business Centers to have access to public and
    private sector contracting opportunities.

        Question 5. We also understand that MBDA Business Centers used to
    have engagement with the Office of Business Development and the Capital
    Access Team with assigned MBDA staff, which they found to provide
    helpful engagement and guidance. Unfortunately, this practice has been
    removed and the Business Centers only have a light touch point of
    contact with the agency once a month during the national MBDA
    Stakeholders call. Does the MBDA have plans to provide Business Centers
    with additional staff outreach and engagement on a regular basis? If
    so, what types of additional engagement are contemplated going forward?

        Answer 5. Currently, MBDA's Office of Business Development (OBD)
    staff engages with the Business Centers on various business development
    and programmatic efforts including access to capital. MBDA has
    proposed, in its fiscal year 2022 President's budget submission, a $22
    million increase over its fiscal year 2021 budget appropriation and a
    staffing increase of 22 positions that will allow the Agency to improve
    and increase staff outreach and engagement with Business Centers on
    regular basis.
        With the proposed funding and staff increase in fiscal year 2022,
    OBD will develop, implement, and support partnerships that help
    Business Center clients grow in size and scale. OBD staff will also
    support business development initiatives offered by the Business
    Centers focused on contracting, financing, and exporting.

                              SUBCOMMITTEE RECESS

        This hearing is now adjourned.
        [Whereupon, at 3:08 p.m., Wednesday, May 26, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

                                  ----------

                            WEDNESDAY, JUNE 9, 2021

                                           U.S. Senate,
               Subcommittee of the Committee on Appropriations,
                                                        Washington, DC.

        The subcommittee met at 2:01 p.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair) presiding.
        Present: Senators Shaheen, Leahy, Feinstein, Reed, Coons,
    Manchin, Van Hollen, Moran, Murkowski, Collins, Graham,
    Boozman, Capito, Hagerty, and Braun.

                             DEPARTMENT OF JUSTICE

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. The Subcommittee on Commerce, Justice,
    Science, and Related Agencies will come to order. Good
    afternoon, Mr. Attorney General. We are delighted to have you
    back. And I want to begin by congratulating you and the
    Department on the recovery of much of the ransomware from the
    attack on the Colonial Pipeline. That was excellent work and I
    know everybody in the country really appreciates it. And
    hopefully it sends a message to those groups out there that
    would continue to hack our industries and our Government.
        The complex and often difficult work of the Department is
    vast. It ranges from National Security investigations to
    operating a national prison system, management of billions in
    grants to State and local entities, and this year, the
    President's fiscal year 2022 budget request for the Department
    of Justice is $36 billion, which is nearly 7 percent increase
    compared to fiscal year 2021. As enacted, this budget provides
    a renewed focus in critically important areas like the request
    for increased funding at the Civil Rights Division and
    Community Relations Service to provide for more attorneys and
    mediators. It also requests more funding and grant programs
    that will greatly assist our communities.
        I was particularly pleased personally to see nearly double
    the resources for the Office on Violence Against Women and
    appreciate the steady support for grant programs that address
    substance abuse. While I was pleased to see healthy increases
    nearly across the board for the Department's agencies and
    programs, I did have some concerns and I appreciated our
    conversation yesterday, Mr. Attorney General, and I shared some
    of these with you.
        The COVID-19 pandemic has affected everyone, but this has
    also been a dangerous time for those who have been locked at
    home with their abusers away from their jobs, friends and
    family, schools, and other outside assistance like child
    services visits. Survivors experienced increased levels of
    violence, including increased threat of lethality. Agencies
    providing support to domestic violence, sexual assault, and
    child abuse victims had to quickly pivot to online or
    telephonic only services as we halted in-person meetings. As
    pandemic restrictions are being lifted, it is expected that
    there will be even more of a demand for services like
    counseling and housing.
        And the Crime Victims Fund is often the primary source of
    Federal funding for thousands of victims service providers
    across the Nation, including programs serving victims of
    domestic violence, sexual assault, child abuse, and human
    trafficking. But due to decreasing receipts in the fund, this
    funding stream, which provides critical services to survivors,
    is really in jeopardy. And while I appreciate the increases
    proposed in your budget request for discretionary grant
    programs, the $1 billion for the Office on Violence Against
    Women grants in particular, this budget also proposes a release
    of nearly $2.7 billion from the fund without recognizing the
    reality of the dramatic drop in receipts to the fund.
        I am hoping to hear your thoughts on the Department's
    rationale for the spending level and the plan for bolstering
    the fund in the future. This budget request proposes modest
    increases to the Department's law enforcement components, with
    one exception, again something we talked about, the Bureau of
    Prisons. I understand that there is a drop in the inmate
    population, but there is still a need for both specialized
    staffing, like counselors and special education teachers, to
    meet the needs of the First Step Act, as well as the unique
    medical needs of an aging prison population. The Department
    also needs to keep safety in mind.
        This subcommittee has continually requested that the Bureau
    of Prisons work toward curtailing the reliance of augmentation
    and overtime, and we need reassurance that this request will
    allow continued hiring of corrections officers. Senator Moran
    and I both have Federal prisons in our States, and we hear very
    directly concerns from the corrections officers and employees
    there about staffing. In closing, I want to let the 115,000
    career employees of the Department of Justice, including law
    enforcement personnel and attorneys, know how much their work
    to keep Americans safe from crime and terrorism is appreciated,
    especially during this last year through the COVID pandemic and
    here in the Capitol in response to the attack on January 6.
        In particular, I appreciate the ongoing investigations by
    the FBI into this event and the peer counseling services that
    the Marshal Service provided for the Capitol Police. Mr.
    Attorney General, I look forward to your testimony and to the
    discussion today. I am sure you will have a lot of interest
    from the Members of this subcommittee. And with that, I will
    turn it over to my Ranking Member, Senator Moran.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Thank you very much, Senator Shaheen. Thank
    you for convening this hearing. This continues our practice of
    having the Attorney General before our subcommittee. And I
    appreciate the General Garland accepting our invitation. And I
    thank you for your outreach to me and my team since you became
    the General. Welcome to CJS subcommittee.
        I am pleased to hear and discuss with you today the
    President's budget request and the activities of the Department
    of Justice. Over the past few years, I have had the opportunity
    to meet many special agents, correctional officers,
    intelligence analysts, and attorneys that make up those 115,000
    employees that Senator Shaheen referenced. I am impressed by
    their professionalism, their integrity, their commitment to the
    Department's mission, and to our Nation.
        The Department of Justice is requesting $35.3 billion in
    fiscal year 2022. This is an increase of $1.9 billion or a 5.6
    percent increase above fiscal Year 2021 enacted levels. The
    overwhelming bulk of this increase is dedicated to DOJ grant
    programs, while DOJ law enforcement agencies, the FBI, the DEA,
    the U.S. Marshal Service, and ATF will only receive 2 percent
    increase overall. In a year in which the administration allowed
    agencies to request expansive budgets, the increase at the Drug
    Enforcement Agency is barely enough to cover inflation. I
    request--the request will do nothing to reverse the 13 percent
    decline in the number of special agents since 2010.
        The DEA is on the front lines against sophisticated and
    ruthless drug traffickers and cartels, and the methamphetamine
    and opioid crisis continues to wreak havoc and terrible damage
    on communities in Kansas and across the country. I am troubled
    by the lack of attention given to DEA in this budget request.
    Similarly, the Department requests an increase of only $40
    million to bolster the FBI's cyber capabilities. This is less
    than one half of 1 percent of the FBI's budget.
        As recently observed by Chris Krebs, the former--formerly
    the Government's top cybersecurity watchdog, we are in the
    midst of a ransomware pandemic, one that threatens our food
    supply and one that threatens our energy infrastructure. I
    question whether the Department is sufficiently investing in
    efforts to address these threats. Finally, I am disturbed by
    the proposals to dramatically expand the Department's authority
    to regulate the ownership of firearms by law abiding citizens.
    The administration has proposed repealing numerous provisions
    that were enacted in previous CJS bills that passed with
    overwhelming bipartisan votes.
        In the context of other recent actions by the White House
    and the ATF, it is difficult to see these proposals as anything
    but a broad assault on the Americans' second right amendment--
    excuse me, the Americans' Second Amendment rights--citizens
    more clearly. In the context of other recent actions by the
    White House and the ATF, it is difficult to see these proposals
    as anything but a broad assault on Americans Second Amendment
    rights. With that said, there are many areas of this budget
    request in which I believe we find agreement.
        I am pleased to see the Department has endorsed the new
    grant programs dedicated to improving police community
    relations that Senator Shaheen and I worked together to create
    last year. These programs include support for de-escalation
    training, training on responding to individuals facing mental
    health crisis, and support for local agencies to secure
    accreditation. Attorney General Garland, I look forward to
    working with you and with Senator Shaheen and my colleagues on
    this subcommittee as we work to craft the fiscal year 2022
    appropriations for the Department of Justice. And again, I
    thank you for your presence.
        Senator Shaheen. Thank you very much, Senator Moran. I will
    now turn it over to you, Mr. Attorney General, for your opening
    statement. And I don't think your mike is on.
    STATEMENT OF HON. MERRICK B. GARLAND, ATTORNEY GENERAL,
                DEPARTMENT OF JUSTICE
        Attorney General Garland. Good. Okay. Good afternoon,
    Chairwoman Shaheen, Ranking Member Moran, and distinguished
    Members of this subcommittee. Thank you for the opportunity to
    appear before you on behalf of the Department of Justice to
    discuss the President's budget for fiscal year 2022. Exactly 90
    days ago, I took the oath of office as Attorney General. On
    that day, I spoke to all the Justice Department employees, and
    I told them that all of us, ``are united by our commitment to
    protecting our country, as our oath says, from all enemies,
    foreign and domestic, and by our commitment to enforcing our
    country's laws and to ensuring the civil rights and the civil
    liberties of our people.''
        These commitments reflect the Justice Department's mission,
    and the Department's mission is reflected in our fiscal year
    2022 budget request. Our two top funding priorities are as
    follows. The first is keeping our country and our communities
    safe. This priority has three main elements. The first element
    is countering foreign and domestic terrorism. The Justice
    Department remains acutely aware of the threat posed by foreign
    terrorist organizations. This requires that we never take our
    eyes off the risk of another devastating attack on our country.
    At the same time, the United States has seen a troubling rise
    in domestic violent extremism. As a country's lead law
    enforcement agency, the Department of Justice is devoted to a
    broad scale approach to countering the threat of both foreign
    and domestic terrorism. The fiscal year 2022 budget request
    includes $9.4 billion--I am sorry, skipped a page.
        Our budget request includes more than $1.5 billion for our
    foreign and domestic counterterrorism efforts, an increase of
    more than 12 percent above the fiscal year 2021 enacted level.
    Keeping our country and communities safe also requires
    countering cyber threats from foreign and domestic actors,
    whether nation states, terrorists, or criminals, something that
    each of the two of you have already mentioned in your opening.
        The budget request for $1.1 billion would be the largest
    increase in cyber resources for the Justice Department in more
    than a decade. Finally, keeping our country and communities
    safe requires protecting them from the recent increase in major
    violent crimes and gun violence. The Department's recently
    announced violent crime reduction strategy harnesses all our
    relevant Departmental components to that end.
        The fiscal year 2022 budget request includes $9.4 billion,
    an increase of nearly 9 percent to support the Justice
    Department's law enforcement resources and grant programs. This
    includes law enforcement efforts to fight violent crime and
    grants that fund community violence intervention programs,
    improve background checks, and red flag laws. The Department's
    other top priority is reflecting--is protecting civil rights
    and civil liberties. The President's fiscal year 2022 budget
    requests more than $300 million for the Department's civil
    rights efforts. This includes the largest investment in a
    decade to reinvigorate the Justice Department's civil rights
    components and the largest ever increase in our civil rights
    division, totaling more than 15 percent.
        Our request reflects the reality that almost 65 years after
    its creation, the division's work remains vital to protecting
    the American dream by safeguarding voting rights, prosecuting
    hate crimes, and addressing unlawful discrimination. This
    additional support for our civil rights work would also allow
    us to reestablish the office for access to justice and would
    provide a much needed lifeline for our community relations
    service, which helps local communities mediate conflicts
    peacefully.
        The budget request also provides new funding for the
    Environment and Natural Resources Division to advance
    environmental justice and to tackle climate change. Promoting
    public trust between communities and law enforcement is
    critical both to making our communities safe and to ensuring
    the protection of civil rights. Our budget request for $1.3
    billion, an increase of $379.8 million, would provide grants to
    support reforms necessary for promoting that trust. The fiscal
    year 2022 budget also provides funding for other
    extraordinarily important grant programs. It proposes an
    investment of $1 billion to support Violence Against Women Act
    programs at DOJ, nearly twice the fiscal year 2021 level. It
    proposes to almost double the programs that provide training
    and technical assistance for State, local, Tribal, and
    territorial law enforcement in responding to hate and bias
    motivated crimes.
        And we are also focused on reducing the immigration court
    backlog. A 21 percent budget increase to the Executive Office
    for Immigration Review will help us on board 100 new
    immigration judges to reduce the nearly 1.3 million cases that
    were pending before the immigration courts when we took office.
    I ask for your support for our budget, as the Justice
    Department continues its commitment to adhering to the rule of
    law, to keeping our country and communities safe, and to
    protecting civil rights and civil liberties. Thank you.

        [The statement follows:]
                 Prepared Statement of Hon. Merrick B. Garland
        Good afternoon Chairwoman Shaheen, Ranking Member Moran, and
    distinguished Members of this subcommittee. Thank you for the
    opportunity to appear on behalf of the Department of Justice to discuss
    the President's budget request for fiscal year 2022.
        Exactly 90 days ago, I took the oath of office as Attorney General.
    In remarks to all Justice Department employees on my first day in
    office, I explained how I would approach my job:

            ``All of us are united by our commitment to the rule of law and
            to seeking equal justice under law. We are united by our
            commitment to protecting our country, as our oath says, `from
            all enemies foreign and domestic,' and by our commitment to
            enforcing our country's laws and to ensuring the civil rights
            and the civil liberties of our people.''

        This approach reflects the Justice Department's mission, and the
    Department's mission is reflected in our $35.3 billion fiscal year 2022
    budget request. Our top funding priorities are:
    1. Keeping our Country and Communities Safe.--This includes funds for:
              Countering Foreign and Domestic Terrorism.--The budget
            contains more than $1.5 billion to counter foreign and domestic
            terrorism--an increase of more than 12 percent above the fiscal
            year 2021 budget--which includes an additional $101.2 million
            to address domestic terrorism with a broadscale approach across
            the Department.

              Enhancing Cybersecurity and Fighting Cybercrime.--The budget
            includes $1.1 billion, a $150.7 million increase, for
            protecting our Nation from cyberattacks and cybercrime. This is
            the largest increase in cyber resources for the Justice
            Department in more than a decade.

              Combating Violent Crime and Gun Violence.--The budget also
            contains $9.4 billion, an increase of more than 8 percent, to
            combat violent crime and gun violence. This includes more than
            $1 billion in grants to support local, State, and Tribal law
            enforcement agencies and community organizations in their
            efforts to achieve safer communities.
    2. Protecting Civil Rights and Civil Liberties.--Another top Department
            priority is protecting civil rights and civil liberties. This
            includes:
              Reinvigorating the Department's Civil Rights Components.--The
            budget contains a total of more than $300 million to
            reinvigorate civil rights efforts across the Justice
            Department, including in the Civil Rights Division and the
            Community Relations Service, and to reestablish and expand the
            Justice Department's Office for Access to Justice. This budget
            marks the largest investment in civil rights in at least a
            decade and the largest-ever increase for the Department's Civil
            Rights Division, totaling more than 15 percent.

              Investing in Community Policing.--The budget contains a total
            of nearly $1.3 billion, with program increases of $379.8
            million, to support reforms designed to further strengthen
            relationships between law enforcement and the communities they
            serve. This investment is important both for keeping our
            communities safe and for protecting civil rights and civil
            liberties.

              Ending Gender-Based Violence.--The budget contains a total of
            $1.0 billion, an increase of $486.5 million, to address gender-
            based violence through the Office on Violence Against Women,
            nearly twice the fiscal year 2021 investment in this effort.

              Addressing Inequities in the Criminal Justice System.--A
            total of nearly $1.6 billion is requested to support reform in
            the criminal justice system and to continue critical investment
            in implementing the First Step Act of 2018. This request
            includes an increase of more than $550 million in grants that
            support efforts to reform State and local justice systems.

              Advancing Environmental Justice.The budget also contains new
            resources to advance environmental justice initiatives.

    Other areas of Departmental focus include:
    3. Ensuring Economic Opportunity and Fairness
              Reinvigorating Antitrust Enforcement.--This budget requests
            more than $200 million, an increase of 9 percent, for the
            Antitrust Division to reinvigorate antitrust enforcement.

              Combating Fraud and Protecting Consumers.--The Justice
            Department is committed to using every available Federal tool--
            including criminal, civil, and administrative actions--to
            protect consumers and combat and prevent fraud. As part of this
            budget request, additional funds would be available for three
            DOJ components--our United States Attorneys, the Criminal
            Division, and the Civil Division--to combat COVID-19 related
            fraud and bring to justice those who seek to profit unlawfully
            from the pandemic.

              Revitalizing Tax Enforcement.--An increase of nearly 5
            percent above fiscal year 2021 is requested for the
            Department's Tax Division to support its vital mission of
            enforcing our tax laws fully, fairly, and consistently. The
            integrity of our tax system is vital to maintaining public
            confidence and requires ensuring that all Americans pay the
            taxes they owe.
    4. Reducing the Immigration Court Backlog
              The budget also requests a total of $891 million, an increase
            of more than 20 percent, to reduce the immigration court
            backlog. This funding would strengthen our ability to apply the
            immigration laws justly, consistently, and in a timely fashion,
            while ensuring due process under the law.

                                    *  *  *

    Greater detail on all of these priorities is provided below:
    1. Keeping our Country and Communities Safe
              Countering Foreign and Domestic Terrorism.--Our budget
            supports the Justice Department's steadfast commitment to
            protecting our national security, while also protecting our
            civil liberties.
              As I testified before the full Senate Appropriations
            Committee last month, the United States has seen an
            unprecedented and troubling rise in domestic violent extremism.
            At the same time, the Justice Department and its law
            enforcement agencies remain acutely aware of the threat posed
            by foreign terrorist organizations. This requires that we never
            take our eyes off the risk of another devastating attack on our
            country by foreign terrorists. It also requires that we counter
            threats from foreign actors who conduct espionage, target
            Americans, including our service members and diplomats
            overseas, and violate the sovereignty and territorial integrity
            of our allies.
              As the country's lead law enforcement agency, the Department
            of Justice is devoted to a broadscale approach to counter the
            threat of both foreign and domestic terrorism. The request
            includes more than $1.5 billion for our foreign and domestic
            counterterrorism efforts, which represents an increase of more
            than 12 percent above the fiscal year 2021 enacted level.
              Alongside our request for resources to counter the threats
            posed to our security by foreign terrorism, the budget seeks an
            additional $101.2 million to address domestic violent extremism
            and terrorism. Our request includes increased funding for the
            Federal Bureau of Investigation (FBI) to conduct domestic
            violent extremism and terrorism investigations, and for the
            United States Attorneys to manage increasing caseloads in this
            area. The budget request supports additional response
            capabilities at the U.S. Marshals Service and research
            regarding the root causes of domestic radicalization at the
            National Institute of Justice.

              Enhancing Cybersecurity and Fighting Cybercrime.--Protecting
            our national security also requires countering cyber threats
            from foreign and domestic actors--whether nation states,
            terrorists, or criminals--who seek to conduct espionage, invade
            our privacy, attack our elections, steal our intellectual
            property, damage our critical financial and physical
            infrastructure, or extort ransom payments.
              These threats are grave and escalating, and we must keep pace
            with an ever-evolving threat landscape. A complete review of
            the Department's cybersecurity strategy is currently underway,
            and this budget--which would provide more than $1 billion to
            support cyber investigations and cybersecurity, including more
            than $150 million in cyber program enhancements--would help us
            to meet these threats. This is the largest increase in cyber
            resources for the Department in more than 10 years.

              Combating Violent Crime and Gun Violence.--Protecting our
            communities from the recent increase in major violent crimes
            and from the national epidemic of gun violence is among the
            most pressing challenges facing the Department of Justice. The
            Department's recently announced violent crime reduction
            strategy harnesses all our relevant components to that end,
            including the Department's U.S. Attorneys' offices, litigating
            divisions (including the Criminal Division), law enforcement
            agencies, and grantmaking offices. The fiscal year 2022 budget
            request includes $9.4 billion, an increase of more than 8
            percent above the 2021 enacted level, to support the Justice
            Department's law enforcement resources as well as grants that
            fund community violence intervention programs, improved
            background checks, and red-flag laws.
              A total of nearly $1.6 billion in base funding is requested
            for the Bureau of Alcohol, Tobacco, Firearms, and Explosives
            (ATF), an increase of $70 million or nearly 5 percent over
            fiscal year 2021, to oversee the safe sale, storage, and
            ownership of firearms and to support the Agency's other work to
            fight violent crime. A portion of this increase would both
            expand ATF's Crime Gun Intelligence through the National
            Integrated Ballistic Information Network (NIBN) and would
            nearly double ATF's capacity to investigate theft from Federal
            Firearms Licensees (FFLs). Every firearm stolen from an FFL
            poses a threat to community safety, as well as to our law
            enforcement partners.
              In addition, a total of $690 million is requested for the
            Drug Enforcement Administration to support the fight against
            violent drug gangs and cartels.
              This request would enable the Department's Office of Justice
            Programs to distribute more than $1 billion in grants to
            support local, State, and Tribal law enforcement agencies and
            community organizations in their efforts to achieve safer
            communities and combat the gun violence epidemic. Part of this
            requested funding would strengthen existing funding programs,
            including grants for States, local communities, and Tribes to
            improve criminal history record information and ensure
            effective nationwide implementation of background check
            systems.

              New programs are also proposed.--A highlight is $100 million
            for the Community Violence Intervention Initiative, to assist
            local communities in developing comprehensive violence
            prevention and reduction programs, through partnerships between
            community residents, law enforcement, local government
            agencies, and other community stakeholders. Using evidence-
            based solutions such as street outreach, violence interrupters,
            and hospital-based violence intervention services, the
            Community Violence Intervention Initiative invests directly in
            communities to address gang and gun violence.
              The budget request also includes funding that would allow the
            Department to establish innovative new grants for States that
            want to craft gun licensing and red-flag laws, which
            temporarily restrict access to firearms by individuals who are
            in crisis. A new pilot promotes the development, adoption, and
            use of programs designed to help communities address situations
            where people become legally prohibited from possessing firearms
            they own.
    2. Protecting Civil Rights and Civil Liberties
              Reinvigorating the Department's Civil Rights Components.--
            Protecting civil rights and civil liberties was a founding
            purpose of the Justice Department and is a top budgetary
            priority. Far too many still face discrimination in housing,
            education, employment, and the criminal justice system; and
            bear the brunt of the harm caused by pandemic, pollution, and
            climate change.
              The President's fiscal year 2022 budget requests an increase
            of more than $300 million to reinvigorate the Department's
            civil rights efforts. The Department requests a total of $183.2
            million, an increase of 15.8 percent, for the Civil Rights
            Division (CRT). This would fund 85 new positions--including 60
            attorneys--to increase CRT's capacity to protect voting and
            other statutory and constitutional rights, and to hold those
            who commit hate crimes accountable.
              Among other things, this request would also fund $90 million
            in grants to support the development, expansion, and
            improvement of services for victims of human trafficking and
            for the investigation and prosecution of trafficking offenses
            as part of a multidisciplinary approach.
              The President has called for, and the Justice Department is
            developing plans for, reconstituting the Department's Office
            for Access to Justice. The budget requests $6 million dollars
            for this purpose. One role of the Office will be to leverage
            grant opportunities throughout the Department aimed at
            increasing access to justice. The fiscal year 2022 request
            includes several grant programs that would improve access to
            justice for underserved groups, including grant programs to
            strengthen the vital work of public defenders, improve juvenile
            indigent defense, and ensure legal services for victims of
            domestic violence and sexual assault.
              For decades the Department's Community Relations Service
            (CRS) has been ``America's Peacemaker'' for communities in
            conflict. Its staff are trained to mediate disputes and enhance
            community capacity to prevent and resolve future conflicts
            independently. When I arrived at the Department, CRS had only a
            fraction of the conciliators needed at a time of heightened
            racial tensions and increased hate-based incidents. We are
            reviving CRS's capacity to improve police-community relations
            and support communities across the United States that are
            working to prevent and respond to bias incidents and hate
            crimes.
              In addition, a new grant program to advance civil rights
            would provide $20 million for law enforcement agency training
            on racial profiling, the duty to intervene, and de-escalation.

              Investing in Community Policing.--Creating strong, positive
            ties between law enforcement agencies and the communities they
            serve is critical both to making our communities safe and to
            rooting out inequities in the justice system. Providing
            resources to police departments to help them reform and gain
            the trust of communities is a priority of this Department and
            this administration. The budget total for programs that support
            community-oriented policing and address systemic inequities is
            nearly $1.3 billion, with program increases totaling $379.8
            million.
              This includes more than $513 million for the Edward Byrne
            Memorial Justice Assistance Grant (JAG) Program and a total of
            $651 million for the Department's Office of Community Oriented
            Policing Services (COPS). Among other things, the budget
            requests a total of $537 million--an increase of $300 million--
            for a critical hiring program administered by COPS. New
            priority preferences would ensure that resources are used to
            further policing reform efforts. The Department's budget
            addresses the need to further strengthen relationships between
            communities and police officers by providing grants for hiring
            local police officers and investing in racial sensitivity, hate
            crime, and implicit bias training.
              The fiscal year 2022 budget request includes a total of
            nearly $50 million to support the use of body worn cameras by
            law enforcement officers across America. For the first time,
            the budget requests $13.6 million to support the use of body-
            worn cameras by federally deputized task force officers. And an
            additional $35 million in grants for State and local body-worn
            camera systems included in this budget request would support
            the purchase and deployment of these important systems, assist
            in the development of infrastructure to support them, and scale
            up training and technical assistance to ensure their proper
            use.
              The fiscal year 2022 budget request also recognizes the
            pressing need for capacity-building within State, local,
            Tribal, and Territorial law enforcement to address hate crimes
            and violence against women. The budget proposes to almost
            double programs that provide training and technical assistance
            in responding to and investigating hate and bias-motivated
            crimes. And it would invest $80 million in programming aimed at
            treating domestic violence, dating violence, sexual assault,
            and stalking as serious violations of criminal law, through
            increased coordination between law enforcement, victim services
            providers, and non-governmental organizations.

              Ending Gender-Based Violence.--The President's budget request
            includes an historic investment to support the work of the
            Justice Department's Office of Violence Against Women (OVW).
            The COVID-19 pandemic has exacerbated gender-based violence and
            sexual assault for many women and girls who have been largely
            confined to their homes with their abusers. The fiscal year
            2022 request proposes an investment of $1 billion to support
            Violence Against Women Act (VAWA) programs at DOJ, nearly twice
            the $486.5 million enacted level for fiscal year 2021.
              The budget request includes substantial increases for
            longstanding VAWA formula programs that have shown success,
            including programs aimed at enhancing States' and territories'
            ability to finance coordinated community responses to domestic
            violence and sexual assault and enable rape crisis centers and
            other supporting nonprofit and nongovernmental organizations to
            serve tens of thousands additional victims each year.
              The budget also requests double the amount allocated for the
            Transitional Housing Program last year to meet the overwhelming
            demand, which has increased dramatically over the past year as
            a result of the COVID-19 pandemic.
              The request includes two new programs that meet special
            needs. The first would enable OVW to develop and maintain a
            National Deaf Services Line, which would provide virtual
            services to Deaf victims of all VAWA crimes, provide technical
            assistance to victim service providers working with Deaf
            victims, and pilot strategies to expand ``for Deaf, by Deaf''
            in-person services. The second program would address violence
            against women in Indian Country, by providing funding to cross-
            designate Tribal prosecutors as Tribal Special Assistant United
            States Attorneys.
              The fiscal year 2022 request would fund several other
            innovative new programs as well. Highlights among the funding
            requested for innovative new programs includes: $20 million to
            support underserved colleges and institutions to strengthen
            their responses to domestic and sexual violence and stalking;
            $2 million to support greater outreach to, and services for,
            transgender victims of domestic/dating violence, sexual
            assault, and stalking; and $25 million to enable OVW to study
            the efficacy of restorative justice programs in addressing
            underreporting of sexual assault, domestic violence, and dating
            violence by offering victims an option for accountability while
            responding to their concerns about how they will be treated by
            the criminal justice systems.
              Often, small community-based organizations miss out on
            Federal grants that could increase their effectiveness and
            reach. The fiscal year 2022 request designates $5 million to
            provide capacity-building training and technical assistance
            that would help community-based organizations apply for and
            successfully implement Federal grant awards in order to
            directly address this problem.
              In addition to expanded funding for OVW programs, the budget
            request also includes $120 million for the Sexual Assault Kit
            Initiative and a new Regional Sexual Assault Investigative
            Training Academies program to support efforts to eliminate the
            rape kit backlog. And an additional $112 million has been
            requested for the DNA Analysis and Capacity Enhancement
            Program, which assists with the processing of DNA samples in
            laboratories and law enforcement agencies across the country
            and would reduce the backlog in the processing of sexual
            assault kits.

              Addressing Inequities in the Criminal Justice System.--The
            Department's fiscal year 2022 budget invests nearly $1.6
            billion to support criminal justice reform, an increase of
            $669.3 million over fiscal year 2021 levels.
              Our budget request takes several additional steps to support
            criminal justice reform in the Federal system. It continues the
            historic investment of $409.5 million by the Federal Bureau of
            Prisons for First Step Act implementation. The Office of the
            Pardon Attorney is also seeking an increase to address the
            backlog of cases and better support the clemency program. And
            the Department is requesting additional funding to implement
            Executive Order 14006 and eliminate the use of privately-
            operated Federal criminal detention facilities by transferring
            those individuals who are in privately-operated Federal
            facilities to alternative Federal, State, and local facilities.
              The budget request also includes several reform-oriented
            grants for State, local, Tribal and Territorial entities
            distributed by the Office of Justice Programs. More than $450
            million increase in funding would be directed to programs
            focused on youth. Among other things, these grants would assist
            local communities in developing comprehensive youth-focused
            violence prevention and reduction programs, as well as
            effective alternatives to incarceration. To assist young people
            who are involved in the justice system, the Juvenile Justice
            Prosecution and Defense Process Improvement Program would grow
            to $40 million in fiscal year 2022, up from $2.5 million in
            fiscal year 2021. This funding would support training and
            technical assistance for public and appointed juvenile
            defenders. At the same time, this budget request includes a
            significant boost in the Department's Part B: Formula Grants
            program to increase prevention and intervention programs for
            youth, ensure appropriate accountability for delinquent
            behavior, and improve the juvenile justice system.
              Increases for programs targeted at adults, including programs
            under the Second Chance Act, would help State, local, and
            Tribal corrections and public safety agencies to implement and
            improve a variety of critical reentry services. The fiscal year
            2022 budget also requests an increase for the Justice
            Reinvestment Initiative, which would assist State and local
            justice stakeholders in developing and implementing innovative
            and research-based responses that address a range of criminal
            justice system programs.
              Our request also funds programs designed to divert
            individuals with drug addiction out of the criminal justice
            system, including through increased support for drug courts,
            mental health collaborations, and residential substance abuse
            treatment. The funding request includes a total of $418 million
            in grants under the Comprehensive Addiction and Recovery Act
            (CARA), which would, among other things, support system-wide
            initiatives that expand locally-driven responses to identify,
            treat and support those impacted by substance abuse.

              Advancing Environmental Justice.--The Department is committed
            to advancing environmental justice and supports the President's
            Executive Order 14008, ``Tackling the Climate Crisis at Home
            and Abroad.'' The Executive Order establishes a ``whole-of-
            government'' approach to addressing the climate crisis and
            formalizes the government's commitment to environmental
            justice.
              The fiscal year 2022 budget requests $44.0 million to advance
            environmental justice, tackle climate change, and enhance
            environmental sustainability. This includes increased funding
            for the Environment and Natural Resources Division to expand
            its affirmative authorities to advance environmental justice
            and to address the impact of climate change by reducing
            greenhouse gas emissions and other pollutants. It also provides
            funds for continuing defensive and other work related to
            climate change. In addition, with this support would allow the
            Bureau of Prisons to invest an additional $39 million energy-
            saving modernization and repair projects to replace aging
            equipment with energy efficient models.
    3. Ensuring Economic Opportunity and Fairness
              Reinvigorating Antitrust Enforcement.--America's antitrust
            laws are our country's charter of economic liberty. For more
            than a century, the Justice Department's Antitrust Division has
            been entrusted with their enforcement. The President's request
            to increase the Antitrust Division's budget by 9 percent to a
            total of more than $200 million reflects our commitment to that
            vital mission. Every year, the Justice Department's enforcement
            of our antitrust laws saves consumers millions and perhaps
            billions of dollars. The fiscal year 2022 budget request would
            allow the Department to onboard 90 additional personnel,
            including 49 attorneys, to advance these efforts to ensure
            economic opportunity, protect American consumers, and safeguard
            taxpayer dollars from collusion.

              Combating Fraud and Protecting Consumers.--The Justice
            Department is committed to using every available Federal tool--
            including criminal, civil, and administrative actions--to
            protect consumers and combat and prevent fraud. As part of this
            budget request, the Criminal Division and U.S. Attorneys'
            Offices would receive an additional $36.4 million to bolster
            efforts to prevent COVID-19 related fraud and bring to justice
            those who seek to profit unlawfully from the pandemic. And an
            additional $4.8 million is requested for the Civil Division to
            address increased workload associated with the COVID-19
            pandemic, including the pursuit of those who exploit this
            pandemic to take advantage of the government of their fellow
            Americans.

              Revitalizing Tax Enforcement.--The integrity of our tax
            system is vital to maintaining public confidence and requires
            ensuring that all taxes that are owed are paid. Honest
            taxpayers must be able to trust that they will not bear an
            undue share of the Federal tax burden. An increase of nearly 5
            percent is requested for the Department's Tax Division to fully
            fund its vital mission of enforcing our tax laws fully, fairly,
            and consistently with all available tools.
    4. Reducing the Immigration Court Backlog
              The fiscal year 2022 budget strengthens the ability of the
            Justice Department to apply the immigration laws justly,
            consistently, and in a timely fashion, while ensuring due
            process under the law. The $891 million budget request for the
            Department's Executive Office for Immigration Review includes
            more than $177 million in much-needed immigration-related
            program enhancements.
              At the beginning of this administration, there were nearly
            1.3 million outstanding cases before the immigration courts--
            the largest ever pending caseload. This budget would allow the
            Executive Office for Immigration Review to onboard a total of
            600 new staff, including 100 new immigration judges. This would
            bring the total number of immigration judges to 734, an
            increase of 16 percent. New modernization and efficiency
            measures would also help reduce the backlog.
              To help ensure due process in immigration proceedings, the
            Department's Office of Justice Programs would administer a $15
            million pilot program to provide access to legal representation
            for immigrant children and families who seek asylum and other
            forms of legal protection in the United States after entering
            at the borders.

                                    *  *  *

        I ask for your support for our budget as the Justice Department
    works to ensure adherence to the rule of law, to keep our country and
    communities safe, and to protect civil rights and civil liberties.

                Thank you.

        Senator Shaheen. Thank you very much. We will have 5 minute
    rounds for questions, and we will take senators in order of
    arrival. So I will begin, followed by the Ranking Member. As I
    said in my opening statement, Attorney General, I am very
    concerned about what happens to the level of support in the
    Crime Victims Fund.
        Senator Leahy and I sent you a letter in March on this
    issue after your confirmation as Attorney General. And I know
    we are both, as is the subcommittee, very interested in the
    steps that the Department has taken to address the level of
    funding in the Crime Victims Fund and how you see that moving
    forward.
        Attorney General Garland. So I appreciate both the letter
    and the questions that you and I were able to discuss
    yesterday. I have a personal commitment to that fund. That is
    the fund that provided the money for Oklahoma City victims, so
    I know full well how important it is to everyone who is a
    victim of this kind of crime or any crime. So I have looked
    into it, and I have been given to understand that given the
    receipts we expect to bring in this year and through fiscal
    year 2022, at the end of 2022, we should have about a $400
    million balance.
        That is, we do not expect the fund to run out and we expect
    to have a balance. Now, I also agree with you, we ought to
    build up that fund further. So we are going to be looking in
    the Department of Justice and the ways to do that. I understand
    there are some legislation pending, possibly adding additional
    crimes that would feed into the fund.
        And of course, we will look into also other issues that you
    raised about taking certain kinds of pleas and taking certain
    kinds of delayed pleas that might have not resulted in
    restitution. The most important thing in these matters is for
    there to be sufficient restitution for the victims.
        Senator Shaheen. And as the result of the pandemic, have
    there been more requests for assistance from the fund over the
    last year? Do you know the answer to that?
        Attorney General Garland. I don't know the answer. All I do
    know is that we expect that the receipts that we have received
    already to be sufficient to provide the $400 million. But I
    don't I don't know the answer. That is a very good question.
        Senator Shaheen. Perhaps you could find that out and share
    that with the subcommittee. That would be interesting to know.
        Attorney General Garland. Sure. My staff will get back to
    yours.
        Senator Shaheen. Thank you. The other question we discussed
    in our phone conversation was the request for the Bureau of
    Prisons. And as you know, the question--the practice known as
    augmentation is something that this subcommittee has been
    concerned about for a while. It is certainly something I hear
    about from prison employees in New Hampshire. And so can you
    tell us what the Department is doing to address and curtail
    augmentation?
        Attorney General Garland. Yes, I will have to admit that
    that was a word I had never heard of before I became Attorney
    General.
        Senator Shaheen. Yes, me either.
        Attorney General Garland. Okay, fair enough. So I have
    looked at this and I am, of course, concerned about this. It is
    protection of both the staff and the inmates that require that
    we have the right number of staff in the Bureau of Prisons. So
    what I understand is that we are currently at 95 percent of
    authorized positions filled. So there will always be a
    percentage because of attrition, etcetera, but they have made
    dramatic increases in the number of hires, to the point that
    BOP hired 900 net new staff, accounting for attrition, since
    last May and since the previous May, and 281 net new hires in
    this past month alone.
        Now, it will likely always be the case that we won't get up
    to the full numbers. But the idea with augmentation is that
    people who switch into guard work or protective work have
    already been trained in that. We are not going to be sending
    people who are without the training. We also expect, of course,
    that with the number of inmates reduced, that we will have less
    of a problem of the kind that you describe.
        Senator Shaheen. I certainly hope so. Can you--I know that
    vaccinations have been a concern and with some of the employees
    and corrections officers in our prison in New Hampshire. Do you
    have any idea if that has been an issue in other prisons around
    the country?
        Attorney General Garland. Yes, so it certainly was an issue
    everywhere around the country, and not only in prisons, but
    with--in the community as a whole. And I have looked into that
    as well. So with respect to inmates, 95 percent have been
    offered vaccines. Now, unfortunately, as with the community as
    a whole, not everyone accepts. But as of right now, at least 52
    percent have received at least one vaccine dose.
        With respect to the Bureau of Prisons staff, 100 percent
    have been offered vaccines. 51 percent are fully vaccinated.
    And another 661 have received--in addition to that, have
    received their first vaccine dose. So we are in the right
    direction here but there is the same problem that there is in
    the community at large, some resistance to this, which frankly,
    I do not understand. I rushed out to get my vaccine as soon as
    it was available. But right now we have enough vaccines for
    everybody who is willing to take it.
        Senator Shaheen. And is there any consideration around
    trying to better engage with staff and I assume inmates, but
    particularly staff around why this is important and the
    difference that it can make for them?
        Attorney General Garland. Absolutely. Education on this
    issue, as with the CDC's general effort to educate the general
    population, is ongoing and we don't want this to be a problem,
    obviously, for the protection of our staff and for our inmates.
    And so we are going to do everything we can to induce people,
    incentivize people to take the vaccines.
        Senator Shaheen. Thank you very much. Senator Moran.
        Senator Moran. Thank you, Senator Shaheen. General, shortly
    after the President's inauguration, the President issued an
    executive order on the renewal of DOJ contracts with privately
    operated criminal detention facilities. I believe that applying
    this executive order to the U.S. Marshals Service is a serious
    mistake. Unlike the Bureau of Prisons, which I assume the
    administration really was directing their attention to, I am
    not sure of that of course, the Marshals don't own any of their
    own facilities. They exclusively contract with the Bureau of
    Prisons, State and local prisons, and jails and private
    facilities. Closing private facilities will inevitably require
    Federal prisoners to be housed at facilities further from
    courthouses in which their cases are being considered. There
    are ethical and constitutional concerns with moving prisoners
    potentially far distances from their families and legal
    counsel.
        However, we are now also learning that this policy will
    cost hundreds of millions of dollars for U.S. taxpayers. The
    Department's budget request estimates that implementation of
    the executive order will cost the U.S. Marshal Service $75
    million in additional transportation housing costs, and that is
    just for fiscal year 2020. So my question, General, is, has the
    Department consulted with the White House about those costs,
    and what I think is unintended consequences of applying the
    executive order to the U.S. Marshal Service?
        Attorney General Garland. Thank you. Thank you for your
    question. There is a principle involved here, leaving aside the
    specifics of the issue you are raising about the Marshals. The
    administration's policy, and I believe to be the correct
    policy, is that prison is Government work. It is a Government
    function, and it contravenes sometimes the due process clause
    to be keeping people in privately owned areas which are not
    responsive to all of the requirements of Federal law, and which
    are not as easy for us to supervise as they would be if they
    were Federal employees. Now, that said, you put your finger on
    the correct distinction, which is relatively easy for us to
    have done this with respect to the Bureau of Prisons, because
    there was already a Bureau of Prisons space.
        With respect to Marshals, as you point out, this was
    contracted space. So we have a plan of phasing the Marshals
    part of this in over a somewhat longer period. The money is to
    move them from private space to State or local Government space
    so that we still are satisfying our concern that this be a
    Government function. You are right about the amount, but this
    is the amount necessary to transfer the people from one to the
    other. I don't think this will be a problem in the longer run.
        I also completely agree with you that it is important to
    have particularly detention areas near where somebody lives. It
    is important from the point of view of family connections and
    continuing connections to the community. And it is also
    important from the point of view of having appropriate legal
    representation and lawyers, defense lawyers not having to
    travel so far that they are unable to do that. So your concerns
    are my concerns.
        Senator Moran. I appreciate hearing that. And I would ask
    if you could share with me the outline of the plan for moving
    forward as it regards--in regard to the Marshals.
        Attorney General Garland. My staff will get back yours.
        Senator Moran. Thank you. Thank you, sir. The tragic death
    of Judge Esther Salas last July impressed on me and others the
    extraordinary threats that our Federal judges face. Last year,
    I worked to provide additional funding to the U.S. Marshal
    Service for judicial security operations. The Department's
    budget this year, it is for fiscal year 2022, includes a
    program increase of thirty $33.4 million to further enhance
    Marsha judicial security programs.
        I would expect you to be very knowledgeable of the
    circumstances that judges face in regard to their security. And
    I would expect you to have a well-informed perspective on this.
    General Garland, what can you tell us the subcommittee about
    the proposed program increases and the need for additional
    investment in Federal judge security?
        Attorney General Garland. Well, you have pointed your
    finger at the right person. I was on the Judicial Security
    Committee for many years when I was a judge, and I was also
    chair of the Executive Committee, which oversees the other
    committees, including the Security Committee. So I have dealt
    very deeply into this problem with respect to judicial
    security. And it is a big problem and there is a dangerous
    problem. And as we have a rise in domestic violent extremism,
    it is a serious threat. We are--this amount of money we believe
    will enable us to upgrade the home security systems and to
    provide Marshals intelligence for better tracking threats
    against judges. And you can be assured I take this one also
    quite personal.
        Senator Moran. Well, thank you for that. Thank you for
    recognizing the importance of security. From my perspective, it
    certainly security for the judges and their families, but it is
    also a threat against our system of Government. Judges need to
    be safe and secure, and the threats need to be addressed
    seriously, both protection and ultimate prosecution of
    perpetrators.
        Attorney General Garland. This is exactly right. You can't
    have a democracy with due process of law if judges are afraid
    to make the decisions.
        Senator Moran. I almost said democracy General, but every
    time I start to see democracy, I remember a republic and it
    confuses me as to how I am supposed to phrase these questions.
    So thank you for saying that we live in a democracy.
        Attorney General Garland. Republic is a representative
    democracy. I think that is what Hamilton meant.
        Senator Moran. Thank you for the clarification. My time has
    expired. I would indicate to you both to the Chairman and to
    you, General, that I also am the Ranking Member of the Senate
    Committee on Veterans Affairs that is meeting this afternoon.
    You will see me here intermittently. It is not by lack of
    interest in what you have to say.
        Attorney General Garland. Thank you.
        Senator Shaheen. Thank you very much, Senator Moran. I
    should have announced at the beginning that the witness has
    requested a brief recess, about 3:15 p.m. So we will take a
    short recess at 3:15 p.m. at his request. And when I said we
    were going to take people in order of arrival, I lied. I am
    actually going to take the Chairman of the Committee next,
    Senator Leahy, as is our custom. Senator.
        Senator Leahy. Thank you. I appreciate that and you may
    recall I did the same thing before as chairman but with others.
    It is good to see you, Attorney General. And I agree, Senator
    Moran that we want to have security for our courts and judicial
    personnel, just as I hope that we will finally get all the
    answers of what happened January 6. So we will have security of
    our, really the symbol of our democracy, the U.S. Capitol, the
    thousands of people who work here, the men and women, tourists
    and everybody else, and I hope that we will finally get the
    answers to everything behind that.
        Attorney General, in the past few weeks, your Department
    has endured some highly controversial positions taken by the
    former President's Justice Department. Many have expressed
    concerns about that. For example, the Trump DOJ removed from
    the State Court and the Federal court a defamation charge
    involving an assault allegation against Donald Trump by a
    woman.
        The release of the OLC memo on obstruction of justice
    conclusions and so on. How is this coming about? Are these
    criticisms valid or--what do you say about them?
        Attorney General Garland. Senator, I am grateful for you
    asking me the question, and I know about the criticisms. Look,
    the job of the Justice Department in making decisions of law is
    not to back any administration, previous or present. Our job is
    to represent the American people. And our job in doing so is to
    ensure adherence to the rule of law, which is the fundamental
    requirement of a democracy or a republic or a representative
    democracy. And the essence of the rule of law is what I said
    when I accepted the nomination for Attorney General, it is that
    like cases be treated like, that there not be one rule for
    Democrats and another for Republicans, that there not be one
    rule for friends and another for foes.
        Now, it is not always easy to apply that rule. Sometimes it
    means that we have to make a decision about the law that we
    would never have made and that we strongly disagree with as a
    matter of policy. But in every case, the job of the Justice
    Department is to make the best judgment it can as to what the
    law requires.
        Now, matters of policy, of course, are completely
    different, and that explains why we have reversed these
    policies of the previous administration many times over the
    last 3 months, and why we have initiated our own policies that
    are distinctly different from those of the previous
    administration. But this is an important issue, the distinction
    between law and policy, and it is at the center of ensuring
    adherence to the rule of law for which the Justice Department
    stands.
        Senator Leahy. Well, as you know, and you and I have had
    discussions on other matters. I think I have been first to say
    that there may be areas we agree or disagree with you, but
    follow the law, which is basically what I have said to every
    Attorney General, Republican or Democratic administrations
    since I was here. I am worried about another area.
        Our right to vote is under assault in dozens of States. You
    would think you are back in the old Jim Crow era to see some of
    the bills that come up. And trying to find a path to
    reintroduce an act, a bipartisan John Lewis Voting Rights
    Advancement Act. I want to restore the Department's
    preclearance powers, but that could take time. In the meantime,
    you now have Kristen Clarke at the helm of the Civil Rights
    Division. What is the Justice Department doing today to combat
    voter suppression schemes across the country?
        Attorney General Garland. Well, as I said, with respect to
    our budget request, we are asking for a considerable expansion
    in the number of--in the amount of money for the civil rights
    division and which will allow us to hire more attorneys. But on
    the specific question we are reviewing, as you would expect,
    allegations that come in with respect to voting. Voting is a
    fundamental element of our democracy.
        In fact, without it, without the right to vote, none of the
    other rights follow. And it was the founding purpose of the
    Justice Department during Reconstruction to ensure the right to
    vote of newly freed African-Americans who were under militant
    attack to prevent them from voting. And the Voting Rights Act
    in the 60s reaffirmed that concern and that is very much
    present on our mind now.
        Senator Leahy. Thank you. And I think you expect that
    Senator Shaheen, and I will continue to work with you on the
    Crime Victims Fund. You should also feel free if things come up
    in there, do not appear that the funds are coming the way you
    thought, let the two of us know.
        Attorney General Garland. We will. Thank you.
        Senator Leahy. Thank you.
        Senator Shaheen. Thank you, Senator Leahy. Senator Capito.
        Senator Capito. Thank you, Madam Chair. Thank you, Mr.
    Attorney General, for being with us today. I am the Ranking
    Member on the Senate Appropriations Committee for Homeland
    Security, and I followed closely CISA's work to respond to and
    mitigate cyber breaches and the ransomware attacks.
        FBI Director Wray recently compares current ransomware
    threat to the threats of 9/11. And there is some debate from
    both Congress and the White House as to whether or not to ban
    outright--to ban private companies from paying ransom when they
    become victims of cyber-attacks. As you know, this is an issue
    that we not just face here in the United States, but globally.
        So I asked the same question yesterday, wondering from the
    Secretary of State, and I would like to hear your perspective.
    Are you working with our allies diplomatically to try in, you
    know, in your--as chief law enforcement officer in other
    countries to try to figure out how we may stop this, be
    prevented from happening again, and where you see this going in
    the next near future?
        Attorney General Garland. I will start with the bottom
    question, which is not a happy answer, which is this is getting
    worse and worse, and we have to do everything we possibly can
    here. This is a very, very serious threat. You know, we saw
    what can happen with respect to a pipeline, with respect to a
    food processing company. You can imagine what could happen if
    we had multiple attacks at the same time on more--even more
    fundamental infrastructure.
        So I am very worried about it. And so is the
    administration. And that is why we have asked for such a large
    increase in our cyber budget. That is also why the
    administration has stood up a full process on this question in
    the National Security Council. And that is why the Justice
    Department has put up its own cyber security task force and
    particularly focusing on ransomware. And as you acknowledge, we
    have already had one pretty significant success. One
    significant success is not really going to be enough.
        This has to be a constant, you know, just the constant
    focus. And in each future year, it is going to be require more
    money. I think we have the right amount of money now, but fair
    warning, we are going to be coming back for more money after
    this. And the other question, specific question you asked about
    diplomatic, yes. So one advantage or one advantage of a sad
    situation of the pandemic is that I am able to meet with
    Attorneys General and home secretaries without having to travel
    to many different countries. And in my first few weeks, that is
    what I did. And I met with our four closest allies, and I also
    met with the E.U., each of the EU members. And I also
    communicated by telephone separately with a number of our
    allies on this question among others. So this is top of mind, I
    assure you.
        Senator Capito. Well, we certainly want to be extremely
    supportive of you and your efforts of Homeland Security as well
    and the Department of State, because I think what you have told
    us is what we all feel, that we are very, very concerned about
    this. I am going to switch topics here. Since the passage of
    the Fix NICS Act, which I was a proud co-sponsor of, we have
    seen continuous increases in the number of background checks
    run through the NICS system. In fact, this year we have seen
    record breaking numbers of checks run with some months reaching
    over 4 million.
        Those background checks were done, and Senator Manchin and
    I, in our home State of West Virginia. We are very proud of the
    effort that we are doing there and the way we are contributing.
    What steps will your Department take to support the NICS system
    and ensure that we are enforcing background check laws that are
    already on the books? And what are the funding needs--from time
    to time, we have really up the funding. Here is that--I looked
    through your things to see if there was something about that in
    your budget request. And I would invite you to visit the
    facility in West Virginia. It is quite something to see.
        Attorney General Garland. Just trying to get the number for
    the NICS system. So first of all, you are absolutely right,
    this is essential to the fight against violent crime and
    against gun violence. We have to keep guns away from people who
    are legally not permitted to have guns, which is the purpose of
    this system. And also, of course, it helps us to, when a bad
    event occurs, find if somebody has violated the law in
    obtaining a gun.
        So included in the anti-gun violence programs are State and
    local grants of $421 million, including NICS, which is an
    increase in 62 percent. So your concern about this is the same
    as our concern. Couldn't be more in line.
        Senator Capito. Great. Thank you so much. Thank you, Madam
    Chair.
        Senator Shaheen. Thank you, Senator Capito. Senator
    Manchin. We are going to West Virginia, all at the same time
    here.
        Senator Manchin. All the way. Thank you. Thank you, Madam
    Chairman. And thank you, Attorney General, for your service.
    Intelligence reports prior to January 6 warned Capitol Police
    that supporters of President Trump were actively promoting
    violence and targeting Congress itself. The Department of
    Homeland Security specifically notifying Capitol Police that
    they had identified a map of the Capitol Tunnel system and
    online messages between stopped Stop The Steal supporters and
    the FBI field office. And Norfolk also warned the Capitol
    Police.
        But however, the Capitol Police Inspector General also
    found a lack of consensus among key officials about whether
    these reports indicate a specific known threats. As you both
    know, it is impossible to prepare to respond unless--without
    much reliable information as possible. So my question would be,
    in your position so far, do you feel both your Departments have
    been sufficiently receiving and relaying threat information
    with each of the other Federal Departments?
        We seem to have a disconnect and sometimes that is very
    costly, as we have seen. And then a follow up would be, how do
    we increase the coordination within the Federal Government to
    respond more quickly?
        Attorney General Garland. Well, I can imagine, since I
    think I was nominated on January 7, that January 6 is very
    sharply engraved on my mind. I think the Department of Homeland
    Security and the Department of Justice, which are the two
    principal Departments for this purpose, are very well lashed up
    now. We have joint task forces along this whole area, and the
    National Security Council has engaged both of us in the
    involvement in the assessment of the domestic violent extremist
    threat. So, you know, there will always be problems, but I am
    reasonably confident that we won't have a problem like that
    again.
        Now, with respect to the Capitol Police and our
    relationship with them, to be honest, I am not--I don't know
    enough to know about that. This has certainly raised that
    issue. And I will go back again and speak with the FBI Director
    on exactly how that has been done. But I think there is no
    excuse at this point for that kind of clear connection not to
    be made.
        Senator Manchin. Do you know how many people have been
    arrested to date?
        Attorney General Garland. Do I know how many you have?
        Senator Manchin. Do you have a figure on that?
        Attorney General Garland. Like off the top of my head,
    within some margin of error it is about 456, something like
    that.
        Senator Manchin. And how--do you----
        Attorney General Garland. And there will be many. There
    will be more. I don't want--I was about to say many. I want to
    say that. You know, we have a very good method of finding the
    additional people who are inside the Capitol, and I would call
    it crowdsourcing, thanks to the omnipresent videos that
    everybody took. And even private citizens have posted.
        Senator Manchin. How many prosecutions we had so far?
        Attorney General Garland. We have charged 400.
        Senator Manchin. Has anyone been sentenced?
        Attorney General Garland. I don't think anybody has been
    sentenced. I think there has been one or two pleas so far and
    the other ones are all pending.
        Senator Manchin. On March 29, 2020, coronavirus aid,
    relief, and economic security, or the CARES Act was signed into
    law and provided $2 trillion economic relief to help Americans
    cope with the economic impact. Among other things, the CARES
    Act originally authorized up to $349 billion in forgivable
    loans to small businesses for job retention and certain other
    expenses to PPP payroll protection program.
        While the loans help millions of struggling businesses stay
    afloat during the pandemic, it also provide a unique
    opportunity for creative fraudsters to take advantage of
    Federal Government's generous terms. So I would go down quickly
    to say I think you know where I am going with this. And if you
    can explain to me how we are doing on that, because I have--
    some of the numbers I have seen has been unbelievable.
        That $250 million in taxpayer subsidized loans, funds to
    give to potentially ineligible recipients, then we had,
    according to a report there were $1.9 million in pending SBA
    transactions made to accounts outside the United States,
    another 3,000 suspicious transactions were $73 million that
    were flagged by financial institutions. Can you give me an
    update of where we are on that?
        Attorney General Garland. Yes. So this is a circumstance
    that I saw even coming in, even before the reports. Seemed
    obvious that, you know, my last go around in the Justice
    Department had to do with health care fraud being one of the
    top issues. And we stood up a task force which was very good at
    integrating information from all the relevant inspectors
    general and from the agencies together with our law enforcement
    and our prosecutors. At that time, we didn't have big data to
    make these evaluations. Now we do.
        And so we have stood up and I have issued a memorandum on
    standing up a COVID fraud task force, which has been stood up.
    It involves all of the relevant inspector generals from the
    different agencies cooperating with each other. It involves all
    of our relevant law enforcement agencies on both the Federal
    side components, on both the Federal side and the civil side,
    and our U.S. attorneys offices. And in our request, there is a
    $41.3 million request for new funding for the U.S. Attorney's
    Office for the Criminal Division and for the Civil Division,
    for specifically for COVID fraud.
        So I would say, maybe this is a bad metaphor, but this is a
    target rich environment. There is a lot of that fraud that
    happened in the past that we are going to go after. You have
    already probably seen our reports of major takedowns with
    respect. And we are hoping that this will be a deterrent of
    future fraud.
        Senator Manchin. The money--let me just finish up real
    quick. The money that you all received, retracked back for the
    United States, does that go to the Treasury or does it go back
    into circulation so we can get it to the people who need it the
    most?
        Attorney General Garland. That is--my question is, I guess
    following up with Senator Shaheen's question is does that go
    really into the Crime Victims Fund, might be a good way to ask
    that question. Do you we have the answer?
        Senator Manchin. Can you maybe--that is okay if you don't
    have it.
        Attorney General Garland. We will look into that. But the
    bottom line is, before it even goes into that fund, the first
    thing is restitution, and restitution to the specific companies
    or individuals who were defrauded as a private fraud. Yes.
        Senator Manchin. Right. Okay. Thank you, sir.
        Senator Shaheen. Thank you, Senator Manchin. And Mr.
    Attorney General, we are having a little trouble hearing you.
    Maybe you can pull the mic closer. You have to really speak
    directly into the mic.
        Attorney General Garland. Oh, I am sorry. Do you want me to
    start all over?
        Senator Shaheen. Maybe not. Alright. Thank you, Senator
    Collins.
        Senator Collins. Thank you, Madam Chairman. Welcome, Mr.
    Attorney General. The website Pro Publica has indicated that it
    has, ``obtained a vast trove of IRS data on the tax returns of
    thousands of the Nation's wealthiest people.'' The publication
    is not disclosing how it obtained the data. So we don't know
    whether the source for these materials was outside of the
    Federal Government or within the Federal Government. But we can
    be certain of one thing.
        These highly confidential personal documents were obtained
    illegally. Any taxpayers should be guaranteed that their
    privacy will be protected when they provide information and
    file their returns with the IRS. As we saw during Watergate,
    there is an incredible danger to private citizens and the
    credibility of the Federal Government if information is used
    for political or other purposes. Anything short of the highest
    degree of privacy protection for taxpayers' information could
    cause them to be far less willing to provide the information
    that is required by the IRS for full compliance.
        Does the Department of Justice have any information about
    the origin of this breach and what steps is the Department
    taking to investigate, identify, and apprehend those
    responsible?
        Attorney General Garland. Senator, I take this as seriously
    as you do. I very well remember what President Nixon did in the
    Watergate period, the creation of enemies lists and the
    punishment of people through reviewing their tax returns. This
    is an extremely serious matter. People are entitled, obviously,
    to the greatest privacy with respect to their tax returns. To
    be honest, I know nothing more than about this than what I read
    in the Pro Publica piece, which I also read and was astonished.
        Now, what I did read in that piece was that the Director of
    the IRS is on it. And he said that their inspectors were
    working on it. And I am sure that that means it will be
    referred to the Justice Department. And when I--this was on my
    list of things to raise after I finished preparing for this
    hearing, and I promise you will be at the top of my list.
        Senator Collins. Thank you. I am glad to hear that. The
    second issue that I want to raise with you are reports that I
    am hearing from police departments all over the country that
    they are having great difficulties in retaining and recruiting
    police officers. And in every single case where I have talked
    to police officers and police chiefs, they say that it is due
    to the fact that there has been this vilification of law
    enforcement rather than trying to strengthen and improve
    practices of police departments and that the ill-conceived
    defund the police movement has also led to significant
    problems. And this isn't just in our largest cities.
        We are seeing difficulties with recruitment and retention
    in rural Maine. For example, Van Buren, Maine, a small
    community in Northern Maine, has completely disbanded its
    police department because they can't hire officers. The town of
    Fort Kent, Maine, which has about 4,000 people and last year
    responded to 5,000 different calls, can't get enough officers
    and is considering disbanding its department as well.
        And at the same time in large cities, not fortunately in
    Maine, we are seeing an increase in crime, a substantial
    increase. Do you personally believe that efforts to vilify
    rather than improve our police departments, including the
    defund the police movement, have contributed to these
    recruitment and retention problems?
        Attorney General Garland. Senator, no one could look at the
    Justice Department budget that we put in front of you and think
    the Justice Department supports defunding the police. We have
    asked for, with respect to our grant programs, $651 million for
    the COPS program, which is a $265 million increase. This
    includes $537 million specifically for cops hiring, which is a
    $300 million increase. Likewise for the Byrne JAG grants, we
    have asked for $513.5 million, which is a $29.5 million
    increase. So no, as President Biden has made absolutely clear,
    we are not asking to defund the police.
        Now, a lot of what we are doing in addition to supporting
    hiring, is trying to support trust building between communities
    and police departments. Not to vilify anyone, but as I said in
    previous testimony, for police to do their work well and
    safely, they need to have the trust of the community and the
    community needs to have trust in the police department that
    their civil rights will be protected. This includes
    accountability for police officers who violate constitutional
    rights, but it does not have anything to do with vilifying
    whole departments or anything like that.
        The Justice Department has a responsibility under the
    statutes provided by Congress to pursue investigations where we
    believe constitutional rights have been violated. And we have
    announced, I think, two of those. And we also have
    responsibility to do pattern or practice investigations to
    determine whether there are police departments that have a
    pattern or practice of unconstitutional behavior. But that is a
    completely different question than where we are--than you are
    asking about.
        Senator Collins. Right.
        Attorney General Garland. These are two--you can hold both
    of these in your hands at the same time and not be inconsistent
    with each other.
        Senator Collins. But let me be very clear, I was not
    suggesting that the administration or the President or you were
    part of this effort. But the fact is it exists. And I know your
    efforts are to improve policing. And I am a strong supporter of
    the COPS program. In fact, I worked on it with the President
    years ago and the Byrne Justice Department grants. But I was
    trying to get your personal opinion on whether this effort,
    which you are not a part of, is contributing to the recruitment
    and the retention problems that are being experienced all over
    the country.
        Attorney General Garland. I have to say the answer to that
    question requires data that I just don't have. Requires all
    kinds of survey data, and I really don't--anecdotally, I have
    heard some things like you are saying, but I really don't have
    any data that I can confidently give you an answer to.
        Senator Shaheen. Thank you, Senator Collins. Before we go
    to Senator Reid, Senator Moran has--would like to make a
    correction for the record.
        Senator Moran. I think--thank you, Chairman. I think in my
    question to the Attorney General, I indicated the death of
    Judge Esther Salas rather than the death of her son. And if I
    did that, I want to make clear that I would like the record to
    reflect the tragedy that has occurred and have that stated in
    the factual basis.
        Senator Shaheen. Thank you very much, Senator. We will make
    sure that that correction is made. Senator Reed.
        Senator Reed. Thank you, Madam Chairman, and thank your
    Attorney General for not only being here, but for your service.
    Recently, we have observed an alarming increase of incidents on
    aircraft regulated--commercial aircraft regulated by the FAA.
    In fact, 2,500 reports this year about 20 times the average
    number, some of them involving very violent attacks on flight
    attendants and also indications that TSA agents are also being
    subject to abuse, to insult, and to worse. Can you discuss what
    DOJ's involvement may be in these cases? Are you prioritizing
    what incidents should be taken directly into the Federal
    attorney for prosecution, or are you allowing them to remain
    with the FAA?
        Attorney General Garland. So this is a good question as to
    which I don't know the complete answer. So assaults on these--I
    read the same about the assaults on those planes. They are
    extraordinarily dangerous, even if not intended to bring the
    plane down. You can imagine the kind of pandemonium on planes
    that we have seen in some of these videos that people have
    taken that can cause an incredibly dangerous accident. So we
    take them extremely seriously. The States have authority over
    these matters.
        To be honest, I am not sure whether it is the State they
    fly over or the State they land on. There is a conflicts of law
    question, which I think I may have skipped that course in law
    school, but there is clearly a State authority here. And I
    think most of these cases end up that way. But it is also a
    Federal crime to commit an assault like that on interstate
    commerce of the kind that we are talking about.
        I will go back and look more carefully to see whether TSA
    or FAA has referred any--what they referred us to here. But
    these strike me not as things for the FAA. These are not
    administrative matters, these are criminal matters.
        Senator Reed. Thank you. You indicated quite accurately
    that there are major threats of domestic violent extremist,
    homegrown violent extremists, and international extremists, and
    they are all using to coordinate social media encrypted
    transmissions. What tools and authorities and resources do you
    need to combat these terrorist groups and their use of social
    media and other forms of encrypted coordination?
        Attorney General Garland. Well, this also a very also a
    very hard question. You are very good at asking me very hard
    questions. The problem is severe because people talking on
    social media can incite people up to radicalization. This is
    what we all fear. And we have we have seen this in the in the
    foreign terrorist circumstance where people are, you know,
    watching jihadist websites that eventually move them and much
    more swiftly than ever before from mere involvement and
    interest to radicalization to action.
        We expect that the same is likely to occur with respect to
    domestic violent extremism, although likely different websites.
    But maybe not even. And this is a matter of serious concern. So
    where there is a threat of violence, where we have predication,
    a reasonable articulation, the bureau can go in and look at
    what is happening and find out what it can find out. And of
    course, as this escalates, the bureau has other mechanisms of
    doing the same. The reason I say it is a hard question as one I
    am sure you know, it is the First Amendment. And the question
    is, what do we do in earlier stages of this where there isn't
    yet violence, there is the kind of talk that maybe could lead
    to it.
        And this is a very hard problem. And I know that the
    Judiciary Committee and this subcommittee have asked us to
    think about what more tools we might need. And we are thinking
    about that. And certainly our experience on the January 6
    investigation will help us make those decisions. But in every
    case, we have to worry about the First Amendment issue on the
    other side and not making it difficult for people to say
    things, even hateful things, because even that kind of speech
    is protected.
        Senator Reed. Just as a suggestion. You don't have to
    comment on this. There might be an opportunity for Information
    Literacy Commission that could design programs where people
    become more aware of the disinformation rather than what they
    believe is true information. And that could be an effective way
    to counter some of these problems. But thank you very much,
    Jim.
        Attorney General Garland. I appreciate the suggestion.
        Senator Shaheen. Thank you, Senator Reed. Senator Boozman.
        Senator Boozman. Thank you, Madam Chair. And thank you so
    much for being here. We do appreciate your work. I am like
    Senator Moran, I have got to run in a second and go to Veterans
    Affairs. But I did want to follow up on Senator Collins
    question in regard to the seriousness of the breach of the IRS.
    And we have had other breaches there in the past. You know, it
    could have been somebody there. It could have been a hack. We
    don't know what has happened at all. They are talking about
    significantly lowering the reporting threshold, $10,000,
    significantly lower than that.
        Based on the fact that we have had problems in the past
    regarding hacking, other issues, and then two, the pipeline
    issue, the packing plant issue. Does it seem like a good idea
    to centralize that much information in an agency? Right now if
    you have an interest or the IRS has an interest, they can
    contact the local bank.
        But to pour through so much data and then be responsible
    for that data and be able to secure that, that is a huge job
    for the Federal Government and one that we don't do a very good
    job of. So could you comment on that?
        Attorney General Garland. Yes. Just particularly to respond
    on the suspicious transaction reports, I believe, and I will
    come back if I am wrong about this, I think we have a recent
    prosecution of somebody who leaked the information with respect
    to that matter. So it gives you an idea of how seriously we
    take this. On the bigger question, look this is the conundrum
    that the digital age has brought us to. We can distribute
    information and keep it on paper.
        And that is the perfect solution to hacking, if there is
    never a connection to the Internet. But it also means we can't
    use the information in a way that is useful for tracking
    terrorist behavior, for tracking child exploitation, for
    tracking espionage, for tracking bribery. And that is why we
    have the special transaction reports, so that it makes it
    easier for us, maybe even possible for us to do that.
        And I know that, I think I saw that the Treasury Department
    is suggesting something like that for cryptocurrency, which may
    also be essential as an ability to continue this particular
    instance we saw with the ransomware circumstance that is the
    way in which it is being paid.
        So, you know, my view would be we need to strengthen our
    cyber security, maybe keep systems separate. But the idea of
    distributing them in a way that we can't access them in some
    central way, that means it would be very difficult for us to
    make the kind of use that you want to, you know, to put to this
    very important information. So it is--the subcommittee here is
    filled with hard questions. This is a really hard question, and
    it puts two different principles which are dear to us in
    conflict sometimes.
        Senator Boozman. Right. Well, thank you very much. Thank
    you, Madam Chair.
        Senator Shaheen. Thank you, Senator Boozman. Senator
    Feinstein.
        Senator Feinstein. Thank you, Madam Chairman. I am very
    interested in hate crimes and there has been a very sharp
    increase in violence committed against Asian-Americans since
    the pandemic began. One database included over 2,800 reports of
    anti-Asian discrimination in the last 9 months of 2020.
        And the Center for the Study of Hate and Extremism at
    California State University, San Bernardino found that Asian
    hate crimes increased by approximately 150 percent last year.
    So the question is, what is the Department doing to address
    these hate crimes against Asian-Americans and how can we help
    support your efforts?
        Attorney General Garland. Well, I appreciate the question.
    One of the very first acts I took after becoming Attorney
    General--I am sorry, after becoming Attorney General was to ask
    for a 30 day review of this problem with respect to Asian-
    Americans and Pacific Islanders. And that that report has come
    back to me. And we have announced the establishment of a hate
    crime task force. As that report was coming back, the Congress
    passed the Hate Crimes Act, the two Hate Crimes Act, which were
    combined, which had a number of requests for the Department to
    do. We have accomplished all of the things that Congress asked
    us to do. And we put out an announcement.
        We have established a hate crimes coordinator in the
    Associate Attorney General's office, Deputy Associate Attorney
    General whose job will be to coordinate civil and criminal side
    law enforcement in this area, because most of the hate crime
    law enforcement comes from the Civil Rights Division, which is
    on under the supervision of the associate Attorney General. We
    have established in the civil rights division the chief of the
    criminal civil rights section, as the, I would say, expediters
    the best word.
        This was a requirement of the Hate Crimes Act to make sure
    that the U.S. Attorney's Offices and the Department as a whole
    are expediting our response to hate crimes. We are
    establishing--we have established a language service in the
    Department because this is obviously a very important part of
    that. And we have in this particular, in this request for hate
    crimes response training grants, at $9 million, which is an
    increase of $4 million over fiscal year 2022. So we take this
    very seriously. And you are absolutely right. There is a
    serious increase in hate crimes across the board.
        Senator Feinstein. Good. As you probably know, the Center
    for the Study of Hate and Extremist at California State
    University, San Bernardino, found that Asian hate crimes have
    increased by 150 in this country. And I believe we can't
    tolerate this. So whatever we can do to be helpful to you, I
    would be most happy to participate in. Let me move to the next
    question.
        Justice introduced model legislation for extreme risk laws.
    The model is very similar to legislation that I have
    introduced, which is called the Extreme Risk Protection Order
    Act, which would give grants to States to help them create and
    implement extreme risk laws. I think these are really important
    tools that empower family members and law enforcement to ask
    courts to keep guns out of the hands of dangerous people found
    to be dangerous. We have 19 States and the District of Columbia
    that have extreme risk laws now on the books.
        Can you explain why the Department, I agree with this,
    believes extreme risk laws can help reduce gun violence? And
    what would you tell us today about the need to pass legislation
    on this issue?
        Attorney General Garland. Right. So this--actually we just
    did this. What you are referring to, I think, was just maybe 2
    days ago or 3 days ago, I signed a memorandum in connection
    with the other rulemaking with respect to stabilizing armed
    braces at the beginning of this week. These are model extreme
    risk laws the States can adopt. We have in this budget $40
    million of grants which can be used by States for this purpose.
    The idea is, as you eloquently put it, is to make sure that
    people who are in extreme risk, either to themselves or to
    their loved ones, have the guns taken away temporarily while
    the matter is adjudicated.
        And if a judge concludes that is a risk, to keep the gun
    away for some specific amount of time specified in the State
    statutes. There are--you know, as we sadly know, gun deaths can
    occur when people and extremists--mental issues for themselves
    or personal crises put the gun on themselves or put the gun on
    somebody else. And we want to alleviate that cause of a
    terrible tragedy by both protecting the gun owners' due process
    rights but protecting the potential community victims from the
    risk of death.
        Senator Feinstein. Well, thank you very much. I am very
    concerned about this. I come from a big State, and it is many
    different people. I have seen a database included over 2,800
    reports of anti-Asian discrimination in the last 9 months of
    2020. So I would hope that your Department of Justice would be
    particularly sensitive right now about anti-Asian hate crimes,
    because I think the increase of 150 percent has been quite
    dramatic.
        Attorney General Garland. I quite agree with you and that
    is why I have spoken to a number of Pacific Islanders and
    Asian-American groups already.
        Senator Feinstein. Good. And if there is anything we can do
    to be helpful, very--oh, my time is up.
        Senator Shaheen. Yes. Thank you very much, Senator
    Feinstein. We will take Senator Coons, then we will take a
    brief break because we think we have a couple of Members on
    their way back. Senator Coons.
        Senator Coons. Great. Thank you, Chairwoman Shaheen. Thank
    you, Attorney General Garland, for joining us again and for
    your regular engagement with the Senate. In Delaware, the New
    Castle County Police Department and the Christiana Care Health
    System have jointly stood up a behavioral health unit that
    pairs mental health professionals with local law enforcement to
    respond to individuals going through a mental health crisis.
    And I have heard from elected officials, community advocates,
    and law enforcement leaders across the country, they would
    welcome these kind of correspondent models that allow for a
    more appropriately trained and equipped response to individuals
    going through mental health crises.
        Can you speak to the value of these models, the impact they
    have in benefitting communities and improving police community
    relations, and what sorts of investments you see making in
    providing better access to these kinds of models going forward?
        Attorney General Garland. You are exactly right. You know,
    sometimes we have crises that arise because the wrong people
    are responding. Police officers often are not equipped in terms
    of their experience and even their equipment to deal with a
    person who is having a problem--it is really not a criminal or
    violence problem, but a question of instability.
        And these can get out of hand. And police officers would
    like to have the assistance of mental health professionals in
    the co-responder circumstance that you are talking about, and
    this is better for the community and in the end, for the person
    in crisis. So we couldn't agree more.
        Our funding includes requests for grants, $40 million,
    which is $5 million increase for mental health collaborations,
    and $10 million, which is a $2.5 million increase for training
    to improve police based responses to people with mental
    illness.
        Senator Coons. So do you think that is a sufficient
    investment given the scope of the need? Has there been a
    thorough assessment of how many different communities and how
    many different public health serving agencies and law
    enforcement agencies might benefit from this kind of model?
        Attorney General Garland. So I think this, like, you know,
    many others of these kind of innovative interventions are works
    in progress and we have to evaluate them to see how they work.
    We want an evidence based approach that does work. And so this
    is, I think, a sufficient amount for us to get seriously
    involved in this, and then next year maybe I will come back and
    ask for more money.
        Senator Coons. My hometown of Wilmington, Delaware, and
    many other cities, both large and small across the country, has
    seen a significant rise in violent crime in recent years. I
    note the proposal of $100 million for a new community violence
    intervention initiative. We have a group violence intervention
    program to try and interrupt violence before it accelerates in
    Wilmington. I am wondering if you can describe in any more
    detail how you intend to implement this program and what sort
    of coordination it might include with other Federal agencies.
        Attorney General Garland. So this is a new program, and it
    has several possible approaches. I think that the Office of
    Justice Programs will have to figure out exactly what the best
    way, what kind of incentives to give and what kind of programs
    to give grants to. It is everything from proven violence
    interrupters, people who have been out on the street trying to
    get gangs to conciliate, to put down their guns, to hospital
    based intervention, where the interrupters go to visit somebody
    who has been shot and is in the hospital and try to conciliate
    and persuade them not to take vengeance and persuade their
    relatives not to take vengeance.
        So there are a series of these different methods of
    interruption, and many have been very successful. So, you know,
    as with all of our programs, we are going to try and give
    grants to those that have been shown successful and then to use
    those as examples to hold out for others to fulfill, and when
    they meet those requirements, they get the grants as well.
        Senator Coons. Thank you. I look forward to following up
    with you and with the Office of Justice Programs around these
    initiatives, as well as initiatives to expand access to body
    worn cameras in State and local law enforcement. I was
    encouraged to see the announcement you would mandate Federal
    law enforcement to wear body worn cameras. And I was encouraged
    to see a significant increase in the request for the Victims of
    Child Abuse Act programing and a new task force to combat
    trafficking and corruption in the Northern Triangle and Mexico.
    And look forward to working with you on all these different
    aspects of your budget proposal.
        Attorney General Garland. Thank you. We appreciate that.
    Thank you.
        Senator Shaheen. Thank you, Senator Coons. As I announced,
    we will have a 10 minute break. But if I could just ask,
    Senator Murkowski has requested a clarification on an earlier
    question before we break because she is not able to stay. So,
    Senator Murkowski.
        Senator Murkowski. Madam Chairman, thank you. And, Mr.
    Attorney General, thank you for the work that you are doing and
    your responses today. When Senator Shaheen had led her
    questioning with regards to the VOCA funds and a concern that
    we are seeing additional demand on those funds, certainly in
    Alaska we are. The increase to calls to the sexual assault
    hotlines have increased by 52 percent since the beginning of
    the pandemic. Shelters are experiencing overwhelming amounts of
    strain.
        And that 30 some odd organizations that we have in our
    State are facing this 35 percent cut to their VOCA funds, which
    is absolutely frightening everybody. But, as we look at the
    President's budget with a $2.65 billion cap for the funds, in
    2019, fiscal year 2019, Congress put the VOCA cap at $3.5
    billion. We have talked--we understand the structural issues
    relating to the deposit fund. We are going to--we are trying to
    address this through legislation.
        That is absolutely what has to happen. But in any case,
    what we have is this decreasing cap is going to impact the
    effect on the ground for victim services, if not for this year
    then absolutely for next year. So you have said to the chairman
    that there was $400 million surplus that you anticipate at the
    end of the year. The way I understand----
        Attorney General Garland. At the end of 2022.
        Senator Murkowski. At the end of 2022. Excuse me. Yes. At
    the end of 2022. But if I understand what we have coming into
    the fund versus the outlays, that will result in decreases, if
    again, not necessarily this year, next year, the next fiscal
    year. So I just want to make sure that we are not operating
    under the assumption that, in fact, we are going to be okay in
    this next fiscal year. Because right now, I think all the
    victim services in my State, and I think Senator Shaheen in
    yours are just desperately afraid of these cuts that are
    coming.
        And so I want to understand whether or not we are--whether
    there is any flexibility with additional funding that could be
    used to supplement so we don't have this hit again at a really
    difficult time for so many that are providing these important
    and vital services to victims of domestic violence, sexual
    assault, and the like.
        Attorney General Garland. I completely agree that the
    bigger this fund, the better, because there is in many ways an
    unending demand and appropriately so. Just to clarify what I
    said about the money, as of April, we have collected sufficient
    receipts to cover all the way through fiscal year 2022, fiscal
    year 2021 and 2022. We expect to end this fiscal year with $3
    billion, which will cover the $2.6 billion request. That is
    where my $400 million net at the end of that time comes from.
    Obviously, we would like to have a higher amount at the end,
    but the way we are now, that would require taking less money
    out of the fund, which is the opposite of what you want.
        Senator Murkowski. Right, that is not where we want to go.
    Yes.
        Attorney General Garland. Right. So I think that I am not
    an expert budgeteer, but it seems to me that what we need is to
    be able to put more money into this fund, which means
    expanding, the maybe in expanding the kind of crimes that flow
    into it, but also you know the prosecutors in the Justice
    Department need to take more attention to getting restitution
    that goes into this fund and not to be satisfied with other
    kinds of, you know, pleas, for example. So I don't know--it is
    hard to say that as an across the board question, but that is
    the best I can do at this point.
        Senator Murkowski. I think we are all trying to get to the
    same place, which is we don't want to see these significant
    cuts to our victims services. We have got to address
    legislatively, I think the construct of the VOCA funds. We will
    work on that but----
        Attorney General Garland. Let me ask my team to work with
    you.
        Senator Murkowski. I would appreciate that. Thank you.
        Attorney General Garland. I think this is very important.
        Senator Murkowski. Thank you very much. I appreciate your
    attention. And thank you for letting me jump in before the
    break.
        Senator Shaheen. Thank you. Senator Murkowski. As we
    promised, the witness will now take a 10 minute break.
        Attorney General Garland. Thank you.
        Senator Shaheen. I will now call the CJS hearing back to
    order, and call on Senator Graham.
        Senator Graham. Thank you very much, Madam Chairman. Can
    you hear me?
        Attorney General Garland. I can. Thank you.
        Senator Graham. Welcome, Mr. General. I think Senator Coons
    was mentioning some ideas about having some resources outside
    of traditional policing to deal with mental health issues.
    Didn't you all have a discussion about that, I think?
        Attorney General Garland. We did.
        Senator Graham. Count me in. I would like to help in that
    regard. So last year, the Senate Judiciary Committee, I was the
    Chairman, reported a bill out of the Committee, 13 to 9, that
    waived sovereign immunity, allowing Americans to sue China in
    Federal court. You have to prove causation and all the normal
    rules have to be followed for damage done by the coronavirus.
    Do you support that idea?
        Attorney General Garland. I have to say, I am not familiar
    with the bill, I am sorry.
        Senator Graham. I am going to send it to you. I would urge
    you to get back with me sooner rather than later. Do you agree
    with me if, in fact, this was a lab leak, the source of the
    virus came out of a Chinese lab because of negligence, China
    should pay somebody?
        Attorney General Garland. I really don't--I don't know
    enough about this. I know that the Government is beginning to
    evaluate that--reevaluate that----
        Senator Graham. I am just giving you a hypothetical. If the
    Chinese government, lied about the origins of the coronavirus
    and it, in fact, came from a lab leak in Wuhan, which they
    denied, do you agree that they should be held accountable and
    compensate the world in some fashion for the damage they have
    done?
        Attorney General Garland. I think this is a diplomatic
    issue and an issue for the State Department and the Executive
    branch. I don't think----
        Senator Graham. But you don't see a legal----
        Attorney General Garland. The way you put it, which you
    asked whether they should compensate the world in some manner,
    I think that doesn't fit in my----
        Senator Graham. Okay. That can be diplomatic, but we
    allowed victims of 9/11 to sue Saudi Arabia and other countries
    for their part, any part they may have played in 9/11. Do you
    think that model should be allowed for China?
        Attorney General Garland. Again, I think this is a policy
    question for the diplomats. I am just a poor lawyer.
        Senator Graham. Okay, alright. So I do believe there is a
    crime wave in the United States regarding violent crime.
        Attorney General Garland. I think there is a serious,
    significant rise in major violent crime beginning last year.
    Yes, I do.
        Senator Graham. Thank you. That shortened up these
    questions. You are dead right. Atlanta is 59 percent increase
    in homicides, Chicago, 56, Houston, 42, Portland, 800 percent,
    L.A. County, 127 percent--Atlanta, 63 percent. The numbers are
    pretty staggering. What do you think has caused that?
        Attorney General Garland. I know better, having lived
    through several crime waves, as both of us have, and both of us
    know that figuring out exactly what has caused a particularly
    a----
        Senator Graham. Is it possible that some of the rhetoric
    about defunding the police and actually reducing police
    capability has created some of the problems?
        Attorney General Garland. Just don't know. There are a lot
    of factors here, of course, the biggest one being the pandemic
    and I just don't know at this point how to----
        Senator Graham. So you think the pandemics is more of a
    root cause than declaring war on the police?
        Attorney General Garland. No, sir, I don't know. I honestly
    don't know.
        Senator Graham. Do you think that is a possibility that we
    have gone too far in reducing police capability? Is that a
    possibility?
        Attorney General Garland. I think I gave the answer to
    Senator Collins, and I give the same one, which I think it is,
    this Justice Department, this administration does not believe
    in defunding the police. We believe in supporting the police.
    We also believe that community policing is very important. And
    developing trust between the community and the police
    Department is essential to stop violent crime. And we also
    think that includes holding police accountable who violate----
        Senator Graham. I agree with all that.
        Attorney General Garland. I know you do.
        Senator Graham. I do want to work with you on police
    reform. But I guess, it is pretty obvious to me that there has
    been a push back to this defunding the police. It hasn't
    worked. That the effort to marginalize police forces has gone
    too far. And I think we are seeing the results of that. And if
    we don't change our rhetoric, in some parts of the country it
    is going to get worse. Let's talk a little bit about
    immigration. In the end of 2020, we had an historic 45 year low
    of illegal crossings into this country. Now we have historic
    highs of illegal crossings in this country. What do you think
    has happened in the last 6 months?
        Attorney General Garland. Well, once again, you are asking
    me a question I am no expert on. But there was a pandemic, and
    that makes a difference in this area. I am not willing to
    ascribe the difference to the pandemic, and I don't know the
    answer. There are a lot of factors going on here.
        Senator Graham. How many asylum claim backlogs do we have?
        Attorney General Garland. We have 1.5 million backlogs in
    the immigration courts as of the day I took office.
        Senator Graham. Would you agree with me that the asylum
    system in this country is completely broken?
        Attorney General Garland. I would agree that the
    immigration system as a whole is broken.
        Senator Graham. I am talking about asylum in general.
        Attorney General Garland. I don't know. We are evaluating
    how we deal with asylum now.
        Senator Graham. Well, how can you have a system where you
    have 1.5 million backlog in cases--you now have a catch and
    release program regarding asylum. It seems to me that it is
    beyond broken. Do you agree that we should revisit our asylum
    policies?
        Attorney General Garland. I think we need to get the
    backlog down. The backlog is from the preceding years, not from
    the new administration. I totally agree we need to get the
    backlog down. We need to streamline our processes.
        Senator Graham. And I don't mean to belabor the point, but
    the backlog is not the only problem. You are going to have a
    million and a half more if you don't change catch and release.
    Thank you very much.
        Senator Shaheen. Thank you, Senator Graham. I have--I would
    like to do a second round, and I know Senator Moran is
    interested in that as well. It has recently been disclosed that
    the previous administration's Justice Department seized phone
    records of reporters with The New York Times and The Washington
    Post, and the phone and email logs for a CNN reporter.
        This is particularly salient for me, having just returned
    from Ukraine and Georgia, where I met with reporters from Radio
    Free Europe and Radio Liberty who talked about the challenges
    they are facing in Belarus and Russia because of efforts to
    threaten reporters so that they won't do their jobs and
    actually provide information to the public. So I understand
    that the Department is no longer going to cease journalist's
    records when conducting leak investigations.
        And I would just ask, do you commit to ensuring freedom of
    the press and can you tell us what policies are in place or you
    expect to be in place to ensure that there are no additional
    efforts to seize phone and email records of journalists unless
    they are involved in legitimate criminal concern?
        Attorney General Garland. So this is a very important
    issue. The President has made clear his view about the First
    Amendment, and it coincides with mine. It is vital to the
    functioning of our democracy and that extends to the need for
    journalists to be able to go about their work disclosing
    wrongdoing in the Government. That is part of how you get faith
    in a democracy, is by having that level of transparency. What
    you were talking about, these were decisions that were made
    under a set of policies that have lasted.
        I don't--I am not casting blame when I want to be clear, as
    these were under a set of policies that have existed for
    decades that continuously with each new administration,
    ratcheted up greater protections. But going forward, we have
    adopted a policy which is the most protective of journalist's
    ability to do their jobs in history. And it is, as you
    describe, that we will not use compulsory process in leak
    investigations to require reporters to provide information
    about their sources when they are doing their job as reporters.
    That is going to be our policy. I am meeting with people within
    the Department.
        It has been reported that I will be meeting with people
    outside the Department, so I will leave that aside for right
    now, in order to figure out--but that is the basic policy that
    will be issued in some kind of memorandum, obviously, from me.
    You have a good point, which is in developing this policy, we
    have to distinguish between reporters doing their jobs and
    reporters committing crimes unrelated to the leaking--unrelated
    to the leaking. So there are some definitional questions, but I
    think they are quite resolvable and that is going to be our
    task over the next few weeks.
        Senator Shaheen. Well, thank you very much. I want to
    follow up on Senator Graham's questions about the backlog in
    our immigration courts. And I have a question first, which is
    more a clarification, because I was surprised there wasn't a
    budget request for the Legal Orientation Program. As you know,
    this is a program that provides basic legal information and
    explanations of court proceedings to those who are going
    through immigration courts. Can you tell me if the Department
    plans to continue this program and what the funding level will
    be?
        Attorney General Garland. Yes. Included in our request for
    the Executive Office of Immigration Review, $22.5 million would
    continue to support that Office's legal orientation program,
    which LOPS which thinks is what you are referring to. And in
    addition, we have requested $15 million--there will be $15
    million for a new pilot to provide access to legal
    representation for immigrant children. So you have our
    commitment that we are going to be continuing this process up
    to the--obviously up to the amount of money that is provided by
    the Congress.
        Senator Shaheen. Well, thank you very much. Having worked
    with Senator Moran several years ago when there was an effort
    within the Department of Justice to eliminate that program, I
    think it is very important that it continue. Given that the
    immigration courts are not independent, like the Federal court
    system, there are a lot of organizations like the Federal Bar
    Association who have argued that they should become Article 1
    courts. Do you support leaving them the way they are or would
    you advocate to make them a separate system?
        Attorney General Garland. This is an issue that I haven't
    thought about, with respect to the sort of the way in which to
    structure this. I do think that the court should be as
    independent as possible. I understand that was the reason in
    All Land Security Act that they were taken away from INS,
    Immigration and Naturalization Service, which went to Homeland
    Security, and the courts were left with the Justice Department.
        At one point they were all together at the Justice
    Department. And that was an effort for security--for
    independence. And I believe that immigration judges should be
    left alone to do their work. And they are, of course, subject
    to review. The question of whether they should be Article 1
    courts and completely independent is really a question for the
    Congress. I would be happy to think more about this, but
    obviously that would create even more independence. And so I
    just leave it at that. It is an issue of congressional policy.
        Senator Shaheen. Well, as you and Senator Graham in your
    back and forth, it is very clear that we have a backlog in our
    immigration courts. And even though Congress has provided more
    money in the last few years, at least since I have been on the
    Senate Appropriations Committee, we still have seen that
    backlog grow, not diminish. So I am not sure what the answer
    is, but I do wonder if we need a fundamentally different
    approach. We also need immigration reform, as you pointed out.
    So thank you very much. Senator Moran.
        Attorney General Garland. As long as we are making
    corrections, I have been advised that I kept saying at 1.5
    million person--case backlog is actually 1.3 million.
        Senator Shaheen. Yes, that is the number I have too. Thank
    you for that clarification. Senator Moran.
        Senator Moran. Attorney General, you are very good at
    making me feel comfortable having----
        Attorney General Garland. Well, I will give you another
    correction. I think as soon as I said Hamilton, I think it was
    probably Madison, but I will check the Federalist paper that I
    was thinking about and get back to you on that.
        Senator Moran. That is okay. Nobody is going to know the
    answer to that.
        Attorney General Garland. Unfortunately, I feel bad about
    this. I should know the answer to that.
        Senator Moran. General, just a couple more questions, and I
    think Senator Shaheen and I will conclude this hearing. I was
    on the border--this is perhaps a bit of an immigration issue,
    but more drugs, crime, cartels issue. So I was in McAllen,
    Texas, not too many weeks ago to see the nature of what is
    going on at the border, including the detention of juveniles
    and listening to Border Patrol agents. But I also met with law
    enforcement officials, Federal law enforcement officials to
    talk about the aspect of our borders and the necessity of them
    being secure for purposes of avoiding crime, criminal activity,
    drug trafficking, narcotics, sexual abuse.
        And I just am really concerned about the Mexican cartels. I
    think they are probably our greatest drug trafficking threat.
    They continue to supply most of the cocaine, methamphetamines,
    heroin, fentanyl. I am particularly concerned by the flood of
    methamphetamines. We have--this Senate spends lots of time on a
    variety of drugs, and I sometimes think methamphetamines is
    overlooked as we have moved on to others, other drugs.
        But 74 percent of all the drug seizures in Kansas are
    methamphetamine. And my question is, can you describe the
    threat that you see posed by Mexican cartels, in particular the
    cross-border trafficking of drugs? But I also would expand that
    question to see if you have any comments that can provide any
    knowledge about the terrorism aspect or the espionage aspect of
    crossing the border is related to the cartels.
        My understanding is the Chinese come to the United States
    really at every opportunity to steal our secrets, to ingrain
    themselves into our economy, our science, our universities. Is
    there knowledge about cartels and relationship with Chinese who
    come to infiltrate and steal our secrets and work at NASA and
    SpaceX and universities? Are you aware of that?
        Attorney General Garland. So I am not aware of, and I don't
    mean in any way to suggest that it is not true. I just don't
    have any information. I think this is the kind of thing I will
    have to get staffed and possibly from the FBI to come back to
    you. The connection that I do know about is that precursor
    chemicals coming from China are shipped to Mexico and then made
    into the narcotics that are then shipped into the United
    States. So there is that connection and I think that is pretty
    well known. But the question you are asking, I just don't know
    the answer.
        Senator Moran. Well, perhaps my question, which was overly
    wordy, but is really a statement about the need for the
    Department of Justice, Federal law enforcement in all arenas to
    increase the efforts at the border, to diminish the role that
    the cartels, Mexican cartels play in the United States.
        Attorney General Garland. I think they are extraordinarily
    dangerous. They have lethal weaponry, sometimes exceeds what
    the Mexican military has, as we have seen in some of the
    shootouts in Mexico.
        Senator Moran. Have you had--I can't remember you--I think
    you talked about visiting with Attorney Generals from other
    countries
        Attorney General Garland. With Mexico----
        Senator Moran. Including Mexico.
        Attorney General Garland. Yes. Yes. And----
        Senator Moran. A sense of cooperation.
        Attorney General Garland. Yes, I agreed on the need for
    cooperation. We had a very good talk. Yes.
        Senator Moran. My second, I think final question, Madam
    Chair, is before your confirmation, you and I spoke just a few
    days before, we spoke about the need to ensure that small and
    rural law enforcement agencies have a fair shot at DOJ grants.
    And in Kansas, a smaller--I just want to highlight this for
    you. In Kansas, a smaller rural Department may only have a
    handful, two or three or four sworn officers. They don't have
    the resources to hire a professional grant writer. They can't
    simply take one fifth of their force off the beat without
    putting public safety at risk.
        I would continue to believe it is essential that the
    Department consider ways to ensure that small and rural law
    enforcement agencies have access to the funding opportunities
    that the Department of Justice provides. And so, General
    Garland, I expect you would answer this question yes, but will
    you commit to making it a priority within the Office of Justice
    Programs and the COPS office to promote access for small, rural
    agencies?
        Attorney General Garland. Yes, and as I told you in our
    conversation, obvious to me, the problem that you point out. If
    you have five officers, you don't have anybody who runs the
    grant making Department or the grant application Department. We
    also have the same problem with respect to small community
    organizations that don't have the ability to do funding. And I
    think some of the funds we have available now for OJP is to
    make it more easy access to applications online. And it seems
    to me obvious that we should be able to transfer that kind of
    ability for police Departments as well, if that is not already
    in the train. But I will look into it for you.
        Senator Moran. Thank you. I think when we met on that day,
    I asked you if you would agree to come to Kansas and you said
    yes. But if I say yes to you, I have to say yes to every other
    Senator who asked me. So when no one is listening, I am going
    to ask you again.
        Attorney General Garland. That is fair. I--the Assistant
    Attorney General for the Office of--for the Justice Management
    Division pointed out that the money, I was thinking of $7
    million for rural law enforcement for this purpose.
        Senator Moran. Thank you for that. Thank you very much.
        Senator Shaheen. Thank you, Senator Moran. Senator Van
    Hollen.
        Senator Van Hollen. Thank you, Madam Chairman, Ranking
    Member Moran. And Mr. Attorney General, great to see you. First
    of all, I support many of the provisions in your budget and
    appreciate its overall framework. I especially want to mention
    the Community Violence Intervention Initiative. I look forward
    to working with you and the Department as you implement that.
    As you know, there are some programs that have been more
    successful than others. And I think you would agree, we want to
    focus on best practices. And I would like to share with you in
    the Department some that have been successful in Baltimore, if
    you would agree to that.
        Attorney General Garland. Absolutely.
        Senator Van Hollen. You have also talked about some funding
    to help States and local jurisdictions that want to move
    forward with red flag provisions or gun licensing laws, permit
    to purchase. Johns Hopkins University has studied this area
    carefully, especially with respect to permit to purchase
    requirements. And I hope you will consider putting out a model
    proposal for local jurisdictions that are interested for a
    permit to purchase, as I think you are suggesting you are going
    to do for the red flag laws. Is that something that you would
    consider doing?
        Attorney General Garland. Definitely. We did put out the
    red flag laws just this week or earlier this week, but that is
    definitely something to consider. And I hadn't thought about
    it.
        Senator Van Hollen. In terms of a model permit purchase--in
    fact, I have introduced legislation here. We would love to work
    with you to see if that is something that would be a good model
    going forward. You have probably seen some of the recent
    stories regarding accountability in Federal law enforcement
    officers. And a little over a year ago, I wrote to the FBI
    regarding implementation of the Use of Force database. The
    Washington Post reported that in 2019, only 27 percent of law
    enforcement agencies contributed information through that
    process, covering about 41 percent of officers. You know, in my
    discussions with law enforcement, they all agree that more
    transparency and more accountability is good for everybody.
        And I am assuming you agree with that premise. So we did
    recently see that while we encourage local jurisdictions to
    provide this information and it is voluntary, that not all
    Federal law enforcement agencies provide this information. I
    hope you would agree that we should lead by example. And I
    would just like to get your commitment here today that all
    Federal law enforcement agencies that come under your
    jurisdiction will report this data.
        Attorney General Garland. I didn't know we weren't
    reporting. This follows the same problem with respect to body
    worn cameras when I first got in and learned that we were not
    wearing them. I asked why not? And I directed our Deputy
    Attorney General to resolve that issue, and very prompt, and
    this week we did resolve that issue. So let me put that to her
    as well. And this will require a meeting of the various law
    enforcement agencies and we will get on that.
        Senator Van Hollen. I appreciate that. And it may not--it
    may also include Federal law enforcement agencies under the
    jurisdiction of other Departments. But as the Attorney General,
    if you could just agree that you will reach out to your other
    agents----
        Attorney General Garland. You want to authorize me to
    demand----
        Senator Van Hollen. I would like to deputize you to do
    that.
        Attorney General Garland [continuing]: As a statute you can
    add, that would be great.
        Senator Van Hollen. But I do think, you know, I think many
    of us clearly wrongly assume that since the Federal Government
    was asking State and local jurisdictions just that, we already
    were doing it within the Federal Government. So I think it is
    really important we do. You mentioned the body cameras. Let's
    make sure we do it with the data as well. The other thing I do
    want to mention, we are we are having ongoing discussions
    between the House and Senate, Democrats and Republicans about
    the George Foy Justice and Policing Act. But one of the things
    that I think is we have seen on a bipartisan basis is there are
    many times when somebody calls 911, one where a law enforcement
    response is neither justified or appropriate.
        In many cases, as you begin to look at 911 calls, involve
    mental health situations where there is no crime involved,
    substance use situations. And, you know, I know you have
    proposed better training for police in terms of behavioral
    health. That is fine. But a number of us have proposed creating
    alternative responses to those many, many cases that involve
    mental health situations and allow law enforcement, therefore,
    to focus on those situations where, you know, a use of force
    may be required. Could you work with us to create those
    alternative response mechanisms?
        Attorney General Garland. Yes, the answer is yes. I
    completely agree with you that alternative response mechanisms
    can decrease the risk of a violent confrontation when none is
    necessary and lead to death. We do have $40 million in this
    budget for the purpose of mental health collaborations and
    another $10 million for training a police based response to
    people with mental illness. So we have a basis for grants for
    this kind of program.
        Senator Van Hollen. I appreciate that. Congresswoman Karen
    Bass and I have introduced legislation last Congress and we are
    going to reintroduce it shortly. So we look forward to working
    with you on that. Thank you. Thank you.
        Senator Shaheen. Thank you, Senator Van Hollen. We will go
    to Senator Braun next. I am sorry, Senator Hagerty, he beat you
    here.
        Senator Hagerty. I will stay long enough, don't worry.
        Senator Braun. Thank you, Madam Chair. Mr. Attorney
    General, over the past 3 months, I think the FBI has done a
    diligent job in pursuing those that breached the Capitol,
    including to the extent of, I think, visiting their homes,
    tracking phone records, and all of that. Curious, we had that
    incident occur that was horrific to anybody but what has been
    done in a similar light where you look at Antifa, BLM activists
    that were, you know, active in so many places across the
    country this past summer. Has that same diligence and effort
    been applied there? And I think when you add up the number of
    individuals involved, it would be a lot. I am just curious to
    see what your approach is there and what you are thinking is
    there.
        Attorney General Garland. I think that is a perfectly fair
    question. The events that you are talking about all took place
    long before I was at the Justice Department. So I was not there
    for the purpose of organizing the response, supervising the
    response, figuring out how many people should be involved in
    the response. As far as I understand, in terms of the arrests
    and the investigations, they are largely completed. And long
    before I got--before I got here. The January 6 event occurred
    the day I think before my nomination. And as you can imagine,
    it is burned on my mind. And I promised that I would focus on
    that.
        And I have and so I can account for my behavior. With
    respect to the way we organize the January 6 response, I am
    sure that the Justice Department last summer was equally
    diligent with respect to the response to the civil unrest. At
    that time, I am advised that we have spent $48 million in FBI,
    DOP, Marshals, and ATF during that period, not counting the
    January 6 expenditure.
        Senator Braun. In other words, related to the riots and so
    forth across the country----
        Attorney General Garland. I am going to describe it as
    civil unrest because it has a legal connotation, but yes.
        Senator Braun. And how many arrests were made?
        Attorney General Garland. I don't know the answer----
        Senator Braun. If you could get back to our office.
        Attorney General Garland. Absolutely.
        Senator Braun. I think many would want to make sure a fair
    response in both endeavors.
        Attorney General Garland. Not a problem. Would be happy to
    get back to you.
        Senator Braun. I am Ranking Member on the Ledge Branch
    subcommittee, where we have got to figure out resources that we
    are going to devote to securing the capital, making sure that
    Capitol Police are getting the resources they need. On the
    building itself, we spoke to the Architect of the Capitol that
    said they were close to $30 million in damages done. That seems
    like a lot because especially in relation to something that
    came out of the Justice Department. In an article at The
    Washington Post, they tabbed it $1.5 million. Are you aware of
    that?
        Attorney General Garland. I saw that number. I was also
    surprised. I don't know what they were calculating that as a
    basis of. I guess this had something to do with what the
    restitution for our individuals might be. But I don't know--I
    don't have any reason to doubt the larger number that that you
    mentioned.
        Senator Braun. Those are two very large figures.
        Attorney General Garland. Yes they are and I will when I
    get back to the office, see if we can figure out----
        Senator Braun. I appreciate finding out what your official
    version is and then we will compare it to that.
        Attorney General Garland. Very good.
        Senator Braun. The declassified intelligence report on the
    domestic violence extremism released by the DNI in March
    identified abortion related violent extremists as a principal
    threat. To me, this seemed like kind of a wild attack on the
    pro-life community, did not list groups like BLM and Antifa who
    have had a clear recent record of violent acts. So can you
    explain what that was about, why there would have been focus on
    that? And has there been a rash of incidents related to it?
        Attorney General Garland. So I am going to have to refresh
    my recollection about the report. It wasn't, you know--what the
    report described as the leading threats were racially
    motivated, ethnically motivated violent extremists. That was,
    and particularly white supremacists, that was the number one
    threat. I think that the anti-abortion is, you know, an area I
    don't have any, to be honest, I don't know what the, you know,
    where that fits in a threat matrix as to how high it is at this
    point. It is not my understanding that it is one of the ones
    that was listed at the high end of threat. But we can get back
    to you on where that----
        Senator Braun. If you would, please. And I think the point
    being that if it seems like there is a disproportionate
    interest or emphasis on one category and not the other, it is
    going to raise some eyebrows. And then also bring into the
    question of is that effort being applied fairly across the----
        Attorney General Garland. Yes. And so in addition to the
    category of racially or ethnically motivated violent
    extremists, there is a separate category of anti-Government or
    anti authority violent extremists. And this would be where some
    of the anarchists that you were just talking about would fall
    into that bucket. And that is another--an area of focus of the
    FBI.
        Senator Braun. Thank you.
        Senator Shaheen. Thank you, Senator Braun. Senator Hagerty.
        Senator Hagerty. Chair Shaheen, thank you, and looks like
    Ranking Member Moran has left, but General Garland, I
    appreciate your staying for a little bit longer. And thank you
    for being here to testify today. I would like to follow up on
    just a bit of your discourse with Senator Moran for a moment. I
    would like to follow up on something that you discussed with
    Senator Shaheen. But with respect to Senator Moran and your
    conversation about working with your counterparts, the
    Attorneys General in Mexico, I was last month with the foreign
    minister of Mexico.
        I went there to examine the situation on the ground. He was
    very clear as well that they would like to cooperate with us on
    law enforcement, sharing technology. They need help
    interdicting the fentanyl and fentanyl precursors that are
    coming in from China. They have real problems there. And I
    applaud any efforts that you might undertake to work with their
    law enforcement to help them and in particular in border
    security.
        We went through that as well, and I think our technology
    and our capabilities could be helpful there. I would like to
    turn to a different subject, though, and that was that gets
    back to the backlog that you are experiencing and perhaps the
    need for a new approach. And as Attorney General, your
    Executive Office for Immigration Review is charged with
    adjudicating claims for asylum. Human smugglers in Central
    America and Mexico, known as coyotes, are using our country's
    generous asylum laws as advertisements to draw people into a
    very dangerous journey, a journey that often results in them
    losing their lives or becoming victims of crime.
        To this end, a recent Los Angeles Times report states that,
    ``Mexican coyotes deposit migrants at the Rio Grande and
    instruct them to give themselves up to U.S. Border Patrol
    agents to claim asylum.'' This is what the coyotes are
    marketing, go across the border, claim asylum. That is the
    secret password to get in, asylum, fear. That seems to be the
    key to enter our country. General Garland, do you agree that
    human smugglers are taking advantage of our asylum system?
        Attorney General Garland. Well, I think there is no doubt
    that human smugglers and human traffickers are taking advantage
    of the people who they are smuggling. That is the reason we
    have just stood up a new task force, anti-human smuggling and
    anti-human trafficking. It will involve all the main agencies
    of we call it Task Force Alpha, which just announced this week,
    includes cooperation with homeland security. We are also
    putting people into the Northern Triangle countries where the
    smuggling originates to try to interdict it there. We are also
    introducing anti-corruption units to assist those countries in
    ending the corruption that often leads to people going to these
    smuggling entities.
        Senator Hagerty. And no doubt the coyotes are taking
    advantage of the people there. But are they taking advantage of
    our system, our generous system of asylum?
        Attorney General Garland. I don't--there are a lot of
    motivations for people coming out of the Northern Triangle,
    some of which we can fix and some of which we can't and which
    we are trying very hard to fix. You know, we have an obligation
    under our law and under international law to provide refuge
    under the categories that Congress has set forth for us. And
    people are entitled to process, to seek asylum under what
    Congress has authorized and required.
        Senator Hagerty. Well, the problems with our asylum laws
    that you are acknowledging, I think are clear. I applaud you
    are acknowledging that because we do need to address that. And
    I look forward to working to do that. But let's come back to
    the messaging that the coyotes are using to attract people into
    this dangerous process. Just this week in Guatemala, Vice
    President Harris sent a message to those that were perhaps
    contemplating coming to our country illegally, ``do not come.''
    Is that a message that you can deliver, the Attorney General
    sitting right there, a message to these people, do not come to
    our country?
        Attorney General Garland. Look, I think that Vice President
    Harris has been very deeply involved in the kind of law
    enforcement and other requirements that we are looking to set
    up. She was instrumental in moving us to establish part of this
    joint task force to de-incentivize and to reduce traffic from
    the Northern Triangle countries down through Mexico and into
    the United States. So there are a lot of different messaging
    kind of issues involved. And some of them involve getting at
    the root causes of why people are leaving in those countries.
        Senator Hagerty. Well, messaging is one of these root
    causes. And I think it would be incredibly important to hear
    from our top law enforcement officer in America that these
    people should not come.
        Attorney General Garland. I don't want people to make that
    very difficult and dangerous trip with coyotes that you are
    talking about. There is no doubt about that. This leads to
    human tragedy.
        Senator Hagerty. Well, if these people enter our country
    illegally, are you willing to say that they will be deported?
        Attorney General Garland. So the question of asylum is one
    that our law permits them to make claims of asylum and to have
    an opportunity to show whether they have the grounds for it or
    not. If they are not entitled to asylum, then they are
    deported. I want to be clear that element is for the Department
    of Homeland Security. It is not for the Justice Department.
    What we do is adjudicate the asylum claim.
        Senator Hagerty. Well, I will come back and say this.
    According to the data on the Justice Department website, 90
    percent plus of the people that come here under the claim of
    asylum are found to be invalid claims. And in that
    circumstance, would you be willing to say if a person comes
    here, goes through the asylum process and it is found that
    their claim is invalid and they should be removed, that they
    will be deported?
        Attorney General Garland. The Department of Homeland
    Security is responsible for that issue. They have--because of
    the large numbers that you are talking about, they, I
    understand, have a series of priorities. First and most
    important are deportation of people who are at risk for
    National Security to the United States and for public safety. I
    think--and lastly, they are trying to deport recent arrivals in
    order to send the message that you are talking about that
    people not come.
        Senator Hagerty. So I was with you and Secretary Mayorkas
    when we went through this prioritization before. I am shocked
    at what he said, because the number of people coming across our
    border illegally has massively increased yet the number of
    deportations has gone way down. So I am not buying that
    argument.
        What I would love to hear you say is our Nation's top law
    enforcement official in a way that would instruct the
    Department of Homeland Security is that it is illegal to cross
    the border into this country. That if somebody is found to have
    failed in their claim for asylum, which 90 percent of the
    people do, that they will be deported. That is the message that
    people in these countries need to hear. Not that ``well, don't
    come,'' but if you do, there is nothing going to happen to you.
        Attorney General Garland. It is a misdemeanor to cross the
    border without the appropriate documentation. That is correct.
    And the question of rights to apply for asylum is also correct.
    That is an element of our law. The determination of how to
    deport and what priorities, that is up to the Department of
    Homeland Security. And I don't think it useful for me to get
    into their business with respect to their--any more than I
    would expect them to get into our business with respect to our
    law enforcement priority.
        Senator Hagerty. Well, I would hope for a clear
    determination that when someone is found to be applying for
    asylum here in an invalid fashion, that they should leave this
    country and that they will be deported. The fact you are not
    able to say that clearly today and send that message to the
    Department of Homeland Security is shocking.
        Attorney General Garland. If they have been adjudicated to
    not be entitled to asylum, then they should be deported, yes.
        Senator Hagerty. I appreciate you saying that. I applaud
    that because that is the message that needs to be conveyed.
        Attorney General Garland. Right. I am sorry. Maybe I didn't
    understand the question, but of course, once they have been
    adjudicated, then, of course, there--they should be deported.
        Senator Hagerty. And I think we need to be very clear about
    that. Thank you.
        Senator Shaheen. Thank you, Senator Hagerty.
        Senator Hagerty. Thank you, Chair.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. Your time has expired. If there are any
    further questions for the record, senators have until June 16
    to submit those, and we would request that the Department
    respond within 30 days. Thank you very much, Attorney General
    Garland, for appearing today and for your willingness to take
    all of our questions. Let me also announce that we will stand
    in recess until Tuesday, June 15, when we will hold a hearing
    on NASA's budget request.
        [The following questions were not asked at the hearing, but
    were submitted to the Department for response subsequent to the
    hearing:]
                 Questions Submitted to Hon. Merrick B. Garland
                  Questions Submitted by Senator Patrick Leahy
        Question 1. The Crime Victims Fund is an essential component of our
    Federal Government's support for victims of crime. This Fund provides
    compensation and support for victims of crime through grant awards to
    States, local governments, individuals, and other entities. The Fund is
    projected to reach a 10-year low by the end of this year. I am a proud
    original cosponsor of the bipartisan VOCA (Victims of Crime Act)
    deposits fix legislation, which would help to sustain the Fund. You
    recently responded to a letter from Senator Shaheen and myself about
    this issue.

        1a.  Your budget requests that $2.65 billion be released from the
    Fund this year, which you estimate will have a balance of only $1.4
    billion at the end of fiscal year 2022. What can the Department do now,
    without congressional action, to help ensure the Fund will exist beyond
    this fiscal year?

        Answer. The Crime Victims Fund has collected $457 million in
    receipts this year as of June 21, 2021. The Department's Justice
    Management Division has assessed both that these receipts, when
    combined with the end of year fund balance, will provide enough funding
    to pay for the obligation caps for through fiscal year 2022 and that
    the Fund's balance at the end of fiscal year 2022 will be $1.448
    billion to support future programs beyond this fiscal year.
        The Justice Department is committed to ensuring that the
    Department's policies and practices promote victim assistance and
    compensation. This commitment is reflected in Departmental guidance and
    policies, including the Attorney General Guidelines for Victim and
    Witness Assistance and key sections of the Justice Manual, including
    Sections 9-27.230(8) and 9-27.620(4).

        1b.  Your budget is silent on the issue of expanding the types of
    deposits going into the Crime Victims Fund. Would you support Congress'
    effort to enact reforms that would expand the deposits going into the
    Fund?

        Answer. The Justice Department strongly supports efforts to further
    strengthen the Crime Victims Fund. I would very much like to work with
    you on this effort and would welcome the opportunity to talk with you
    about ways that Congress could expand the types of deposits that go
    into the Fund.

        1c.  Your budget request estimates nearly $1 billion from fines,
    penalties and forfeitures will be deposited into the Fund during fiscal
    year 2022, nearly double the amount that was deposited in fiscal year
    2020. How does your Department account for this increase in deposits?

        Answer. The President's fiscal year 2022 budget estimates that $1
    billion from fines, penalties and forfeitures will be deposited into
    the Crime Victims Fund during fiscal year 2022 on the basis of an
    average-based analysis of monthly deposits into the Fund across a 5-
    year period. The Department's Justice Management Division advises that
    the amount was then rounded down in order to offer a more conservative
    projection in light of recent trends in receipts and that the analysis
    excluded certain outlier months with exceptionally high or low receipt
    levels.

        Question 2. The Bureau of Alcohol, Tobacco, Firearms, and
    Explosives (ATF) remains at the forefront of protecting our communities
    from violent criminals and the illegal use and trafficking of firearms.
    One critical role the ATF plays in solving crimes and preventing gun
    violence is through effective crime gun tracing. The ATF's National
    Tracing Center is currently home to millions of gun sales records.

        2a.  How important is it for the ATF to be able to quickly trace
    crime guns in order to reduce gun violence in our country?

        Answer. The ability to quickly trace crime firearms is vital to
    reducing gun violence for a number of reasons, including because quick
    firearms tracing is critical to law enforcement in their efforts to
    link suspects to firearms in criminal investigations and to detect
    illegal firearms traffickers.
        ATF is the only Federal agency that can trace firearms used in
    crimes. ATF's National Tracing Center (NTC) traces firearms used or
    suspected to have been used in crimes in order to provide investigative
    leads to law enforcement. The NTC traces firearms annually for more
    than 8,500 Federal, State, local, and international law enforcement
    agencies. In fiscal year 2019, the NTC processed 452,047 firearms trace
    requests. In fiscal year 2020, the NTC increased the number of trace
    requests by 8.6 percent to a total of 490,844 trace requests.
        The demand for timely and accurate trace data will continue to grow
    as a key investigative tool to quickly identify and apprehend the most
    violent firearms offenders.

        Question 3. At your confirmation hearing before the Senate
    Judiciary Committee, you expressed concern about the death penalty, and
    particularly the disparate impact it has on Black Americans and
    communities of color.

        3a.  When do you expect the Justice Department to reinstate its
    previous policy, under which the Federal Bureau of Prisons would not be
    ordered to schedule any Federal executions?

        Answer. On July 1, 2021, I issued a memorandum imposing a
    moratorium on all Federal executions while a review of the Department's
    policies and procedures is pending.

        Question 4. Earlier this year, I joined Senator Durbin in
    reintroducing the Federal Death Penalty Prohibition Act of 2021,
    bicameral legislation to prohibit the use of the death penalty at the
    Federal level and require re-sentencing of those currently on death
    row.

        4a.  Will you commit to working with Congress to ensure this
    legislation is passed and enacted into law?

        Answer. The serious concerns that have been raised about the
    continued use of the death penalty across the country--including the
    apparent arbitrariness in its application, its disparate impact on
    people of color, and the number of innocent people wrongfully convicted
    and sentenced to death--deserve careful study and evaluation by both
    the Justice Department and Congress. I would welcome the opportunity to
    work with you and other Members of Congress to ensure that everyone in
    the Federal criminal justice system is treated fairly, humanely, and
    afforded the rights guaranteed by the Constitution and laws of the
    United States.

        Question 5. In 2018, the Supreme Court held that tracking
    individuals' movements using cell phone data requires a warrant.
    However, many government agencies purchase location information from
    data brokers to circumvent that requirement.

        5a.  To what extent does the Justice Department purchase location
    information from data brokers? Please provide a detailed explanation--
    including any governing memoranda or guidance--outlining when, and
    under what circumstances, the Justice Department purchases location
    information.
        5b.  How much has the Justice Department spent over the fiscal
    years following the Supreme Court's 2018 decision purchasing cellphone
    location data? Please provide as much detail as possible about amounts
    expended.

        Answer. Consistent with the Supreme Court's 2018 Carpenter decision
    and Justice Department guidance, as a general matter, the Department's
    law enforcement components advise that they do not purchase location
    information from third party vendors or data brokers without a warrant.
        ATF advises that the Bureau acquired the use of Fog Data Science
    (FOG), a company that tracks location information via user Advertiser
    ID information without identifying the person associated with the user
    Advertiser ID. FOG is a commercial service generally used by companies
    for direct marketing purposes. ATF first used the service in late May
    2020 to assist with a high-profile arson investigation and acquired a
    contract for a portal in July 2020. During 6 months of use, FOG was
    used in less than 20 investigations, and ATF allowed the contract to
    expire in December 2020 because the information provided was ultimately
    not useful in our investigations. While FOG was initially used for
    approximately 30 days without seeking a warrant because the data was
    publicly available, out of an abundance of caution ATF developed and
    used guidelines requiring a warrant for its use.

        Question 6. At your confirmation hearing, you spoke about the need
    for agencies to ``generously'' interpret the text of the Freedom of
    Information Act (FOIA). The Justice Department is responsible for
    enforcing FOIA compliance across the Federal Government.

        6a.  How does the Department plan to ``generously'' interpret the
    Freedom of Information Act with respect to FOIA requests made to the
    Justice Department? Does it have adequate resources to meet that goal?
        6b.  How will the Department ensure that other Federal agencies
    will also ``generously'' interpret the text of FOIA in responding to
    FOIA requests and generally complying with the statute?

        Answer. Without accountability, democracy is impossible. And
    democratic accountability requires the kind of transparency that FOIA
    makes possible.
        That is why the Justice Department takes its special role in
    overseeing and encouraging government-wide compliance with FOIA very
    seriously and will continue to build on our efforts to ensure the
    faithful and effective implementation of the law both within the
    Department and across the Federal Government.
        To these ends, the Justice Department's Office of Information
    Policy (OIP) develops policy guidance for Executive Branch agencies on
    FOIA, provides legal counsel and training to agency personnel on the
    procedural and substantive aspects of the Act, and oversees agency
    compliance with the law.
        The Department works hard to ensure that all agencies apply the law
    with the presumption of openness that is at the core of our FOIA
    Guidelines and that has since been codified in FOIA itself. OIP assists
    agencies with implementation of the requirements of the through the
    guidance, training, and legal counsel it provides, including its a
    comprehensive legal treatise on FOIA entitled The United States
    Department of Justice Guide to the Freedom of Information Act. The
    Guide includes detailed discussions of FOIA's procedural requirements,
    nine exemptions, litigation considerations, and detailed analysis of
    the key judicial opinions issued on the FOIA. OIP updates each chapter
    of the Guide on a rolling basis as significant new developments in FOIA
    occur.
        In addition, OIP has sponsored a series of ``best practices''
    training so that agencies can learn from one another what FOIA
    strategies are the most successful. In addition, the Department will
    continue to keep agencies accountable in their administration of FOIA
    by requiring agency Chief FOIA Officers to report on five key areas of
    FOIA administration: (1) applying a presumption of openness, (2) having
    effective systems in place for processing requests, (3) increasing
    proactive disclosures, (4) using technology, and (5) improving
    timeliness and reducing backlogs. In addition to the above efforts, OIP
    will continue to work with agencies both directly and as part of the
    Chief FOIA Officers Council to promote best practices and leverage
    resources for the benefit of governmentwide FOA administration.
        Both within the Department and government-wide, the demands FOIA
    imposes on government offices is significant. In fiscal year 2020
    alone, the Department received 86,729 requests and overall, the
    government received 790,688 requests. FOIA requests require careful
    time and attention so that appropriate information is released while
    exempt information is withheld. OIP is currently undertaking efforts to
    leverage technological advances to increase the efficiency of FOIA
    processing.
        I believe the President's fiscal year 2022 budget request will
    enable us to maintain our commitments under FOIA.

        Question 7. When using cell site simulators in foreign intelligence
    matters in the United States, does the Justice Department always do so
    pursuant to a warrant from a FISA judge, absent an emergency? Please
    provide a detailed explanation for when, and under what circumstances,
    the Justice Department uses cell cite simulators without a warrant from
    a FISA judge in the absence of an emergency.

        Answer. The Department of Justice uses cell-site simulator
    technology to help fulfill its mission to ensure public safety,
    including by apprehending fugitives, locating kidnapping victims, and
    assisting in drug investigations. The Department has put into place a
    number of procedural safeguard to ensure this technology is used
    responsibly and consistent with the all of the requirements and
    protections of the Constitution and applicable statutory authorities.
        On September 3, 2015, the Department announced a policy (the
    ``Policy'') regarding its use of cell-site simulator technology
    designed to enhance transparency and accountability, improve training
    and supervision, establish a higher and more consistent legal standard,
    and increase privacy protections. The Policy covers all four DOJ law
    enforcement components that use CSS technology--namely, the Federal
    Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms
    and Explosives (ATF), the Drug Enforcement Administration (DEA), and
    the U.S. Marshals Service (USMS). Each of DOJ's law enforcement
    components has instituted standard operating procedures and/or
    protocols to fully implement the Policy.
        As the Policy states, ``When acting pursuant to the Foreign
    Intelligence Surveillance Act, Department of Justice components will
    make a probable-cause based showing and appropriate disclosures to the
    court in a manner that is consistent with the guidance set forth in
    this policy.'' And as the Policy makes clear, the general requirement
    is that ``law enforcement agencies must now obtain a search warrant
    supported by probable cause and issued pursuant to Rule 41 of the
    Federal Rules of Criminal Procedure (or the applicable state
    equivalent).''
        In accordance with this Policy, to the extent that the Department
    has sought, or will seek, to use cell-site simulator technology to
    acquire foreign intelligence information, absent an emergency, the use
    of that CSS must be authorized pursuant to a showing of probable cause.
        Since the issuance of the Policy in 2015, the Department's National
    Security Division advises that the Department has not used cell-site
    simulator technology to acquire foreign intelligence information
    without a warrant issued by a judge of the Foreign Intelligence
    Surveillance Court.
                                     ______

                  Questions Submitted by Senator Jeff Merkley
        Question 1. The City of Portland has been party to a settlement
    agreement since 2014 for excessive use of force. The Department of
    Justice evaluated more than 6,000 use of force incidents related to
    demonstration activity in the summer of 2020 just for the Portland
    Police Bureau alone. This use of force to engage with civilians is
    commonplace across the country, what more can the Department of Justice
    do to curb excessive use of force in police bureaus, particularly when
    engaging with crowds?

        Answer. With regard to the Justice Department's settlement
    agreement with the City of Portland, we have filed periodic reports
    assessing the City's compliance with the agreement and providing
    guidance for achieving full compliance. The Department's most recent
    compliance report, filed in February 2021, found that the City had
    regressed in a number of significant areas, including use of force,
    training, accountability, and community engagement. The Department is
    currently negotiating with the City to determine how to resolve our
    compliance concerns.
        On April 21, 2021, the Department of Justice opened a civil pattern
    or practice investigation into the Minneapolis Police Department and
    the City of Minneapolis. On April 26, 2021, the Department announced a
    pattern or practice investigation into the Louisville/Jefferson County
    Metro Government and the Louisville Metro Police Department. The
    Department opened both investigations under the Violent Crime Control
    and Law Enforcement Act of 1994, 34 U.S.C. Sec. 12601 (Section 12601).
    This statute prohibits law enforcement agencies from engaging in
    patterns or practices of conduct that deprive people of their rights
    under the Constitution or Federal law. In both investigations, the
    Department will investigate whether police officers in Minneapolis and
    Louisville are engaging in a pattern or practice of excessive force,
    among other things. The Department is also investigating whether police
    officers in each city are using excessive force against people engaged
    in activities protected by the First Amendment, including protests or
    demonstrations. If the Department determines that police in either city
    are engaged in a pattern or practice of excessive force, including
    excessive force during demonstrations or protests, Section 12601
    authorizes the Attorney General to file a lawsuit to obtain equitable
    or declaratory relief to address the pattern or practice. Since the
    passage of Section 12601 in 1994, the Department has investigated more
    than 70 law enforcement agencies to ensure that constitutional and
    Federal rights, including the right to be free from excessive force,
    are upheld.
        Additionally, through the Department's grant programs, the Office
    of Justice Programs, Bureau of Justice Assistance (BJA) and the
    Community Oriented Policing Service (COPS) promote de-escalation
    principles. BJA recently developed a new training series for State,
    local, and Tribal officers entitled ``Crisis to C.A.L.M.'' The training
    emphasizes how to remain calm in difficult or stressful situations
    while protecting the constitutional rights of all. A summary of some of
    the other training and technical assistance that BJA and COPS offers to
    support agencies in developing effective practices and policies with
    regard to engaging with civilians, including large-scale events
    involving crowds, include:

        Additional Departmental efforts and resources include:

      --The COPS Office Collaborative Reform Initiative Technical
            Assistance Center (CRI-TAC) program provides critical and
            tailored technical assistance resources to State, local,
            territorial, and Tribal law enforcement agencies on a wide
            variety of topics. It features a ``by the field, for the
            field'' approach while delivering individualized technical
            assistance using leading experts in a range of public safety,
            crime reduction, and community policing topics. CRI-TAC is a
            public service and offered at no-cost to agencies. CRI-TAC
            brings together the 10 leading law enforcement stakeholder
            associations to the table to assist in implementing this
            technical assistance. The program provides assistance in a wide
            variety of areas including de-escalation, community engagement
            and use of force. Collaborative Reform Initiative for Technical
            Assistance Center | COPS OFFICE (usdoj.gov)

      --The COPS Office has produced guidance documents for agencies on
            responding to mass protest events. These include an after
            action assessment of Ferguson Police Department's COPS Office:
            Grants and Resources for Community Policing (usdoj.gov) and
            Minneapolis Police Departments COPS Office: Grants and
            Resources for Community Policing (usdoj.gov) handling of
            protests in the wake of high profile incidents. These resources
            offer lessons learned and recommendations for best practices in
            protest policing and mass demonstration responses.

      --The COPS Office is currently soliciting for applications for
            funding to support agencies in their de-escalation training and
            implementation efforts Community Policing Development: De-
            escalation Training Solicitation | COPS OFFICE (usdoj.gov).
            Funding will be provided to national training providers and
            directly to agencies in order to develop and implement
            comprehensive de-escalation training and programs for law
            enforcement agencies.

      --De-escalation efforts and programs should not be viewed in
            isolation from efforts to build community trust in law
            enforcement. The wide variety of COPS Office programs,
            services, and resources are oriented towards building that
            trust. COMMUNITY PARTNERSHIPS | COPS OFFICE (usdoj.gov) and
            BUILDING TRUST | COPS OFFICE (usdoj.gov) among other programs
            and materials.

        Question 2. In the course of the Department of Justice's work on
    pattern and practice investigations that occasionally arrive at consent
    decrees or settlement agreements for civil rights violations, is it
    standard practice to investigate ties between that law enforcement
    jurisdiction and extremist groups? What training does the Department of
    Justice currently offer to State, local, Tribal, or territorial law
    enforcement entities to identify extremist groups that attempt to
    infiltrate law enforcement ranks?

        Answer. If facts came to light during any of the Department's
    investigations of law enforcement agencies that officers were working
    in concert with criminal extremist groups, or that such groups had
    infiltrated a law enforcement agency, the Department would use all of
    the tools at its disposal to address this serious problem. Such conduct
    may contribute to a pattern or practice of conduct that deprives
    individuals of their constitutional or Federal statutory rights.
        The Department is authorized by statute to address such patterns or
    practices through its enforcement of the Violent Crime Control and Law
    Enforcement Act of 1994, 34 U.S.C. Sec. 12601. Depending on the
    circumstances, officers working in concert with criminal extremist
    groups may also run afoul of numerous Federal criminal laws, including:
    the deprivation of rights under color of law, 18 U.S.C. Sec. 242;
    conspiracy to injure, threaten, or intimidate a person in the exercise
    or enjoyment of their rights, 18 U.S.C. Sec. 241; or Federal hate crime
    laws, such as 18 U.S.C. Sec. Sec. 245, 247, and 249, and 42 U.S.C.
    Sec. 3631.
        In addition, the Department of Justice is currently enforcing 16
    settlements with law enforcement agencies, including 12 consent
    decrees, as well as two post-judgment orders, related to findings by
    the Department that these agencies were engaged in a pattern or
    practice of conduct that deprived individuals of their rights under the
    Constitution or Federal law. These law enforcement agencies typically
    have policies that prohibit officers from discriminating against
    protected groups, associating with known criminals, or engaging in on-
    or off-duty conduct that would tend to bring disrepute to the law
    enforcement agency. These policies prohibit officers from working, on-
    or off-duty, in concert with criminal extremist groups. Through its
    consent decrees, settlements, and post-judgment orders, the Department
    ensures that law enforcement agencies enforce these policies.
        The BJA State and Local Anti-Terrorism Training (SLATT) courses
    educate State, local, Tribal, and territorial law enforcement officers
    with regard to domestic terrorism and address ``extremist groups''
    consistent with the Director of National Intelligence's (DNI)
    unclassified summary assessment of Domestic Violent Extremism.
    Attendees are provided definitions, oversight, signs of these types of
    groups and possible behaviors of their members. Having this basic
    information assists law enforcement, at all levels, to identify
    attempts at agency infiltration by extremists.
                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question 1. What are the ATF and DOJ doing to strengthen the
    oversight of gun dealers and prevent stolen guns from being trafficked
    into the illegal market?

        Answer. The goal of ATF's illegal firearms trafficking enforcement
    efforts is to reduce violent crime by stemming the flow of firearms to
    violent criminals. ATF identifies, investigates, and arrests
    individuals and organizations that illegally supply firearms to
    prohibited individuals. This effort includes ATF's oversight of Federal
    Firearms Licensees (FFLs) and its investigation of burglaries and
    robberies of FFLs, which is why the fiscal year 2022 budget proposes a
    significant program increase of $12,736,000 and 84 new positions
    (including 79 Industry Operations Investigators).
        On June 23, 2021, the Department announced further steps that ATF
    would take to address the illegal trafficking of firearms and to keep
    guns out of the wrong hands. For example, absent extraordinary
    circumstances, ATF will initiate proceedings to revoke the license of
    dealers that willfully violate the law by failing to conduct required
    background checks, falsifying records, failing to respond to trace
    requests, refusing to permit ATF to conduct inspections, or
    transferring firearms to persons who are prohibited from owning them.
    ATF is also taking steps to formalize a data-driven approach to
    prioritizing inspection resources; improve information sharing with
    State, local, Tribal, and Territorial partners; and crack down on gun
    traffickers through five new cross-jurisdictional strike forces that
    will focus on addressing significant trafficking corridors that fuel
    violence.

        Question 2. Is the Department developing a concrete plan to ensure
    that prosecutors and the Department reflect our nation's diversity?

        Answer. The Department maintains comprehensive outreach efforts to
    support the recruitment of attorneys who reflect our Nation's rich
    diversity.
        Those efforts include broad dissemination of available attorney
    vacancies to diversity organizations and law schools across the
    country, and regular participation in events and programs sponsored by
    public interest organizations and national diversity bar associations
    including, but not limited to, the Hispanic National Bar Association,
    National Asian Pacific American Bar Association, National Bar
    Association, National Black Prosecutors Association, National LGBT Bar
    Association, and the South Asian Bar Association of North America.
        The Department's recruitment strategy also includes fostering
    relationships with all law schools, including regular presentations to
    law students encouraging them to intern at the Department and
    connecting students with current Department Attorneys through the
    Attorney Ambassador Program that provides law students with the
    opportunity to learn more about the Department or a particular
    component by talking one-on-one with a DOJ attorney. Department
    components may engage in additional outreach efforts beyond those
    undertaken by the Department's Office of Attorney Recruitment and
    Management (OARM).
                                     ______

                Questions Submitted by Senator Susan M. Collins
        Question 1. Our country is experiencing a drug overdose crisis.
    Indeed, Maine had 502 overdose deaths in 2020, an increase of 32
    percent over the 380 Mainers who died from a drug overdose in 2019. In
    a statistic that shocked and saddened me, Maine saw more drug-related
    deaths in 2020 than deaths from COVID-19. The average age of those who
    died was just 43 years old.
        The preliminary data for this year looks even worse. In my opinion,
    that is a tragedy, and the Maine Attorney General has noted that this
    is at least in part due to ``alterations in the illicit drug supply.''
    In Maine and nationally, the high number of fatal overdoses continues
    to be driven by illicit, non-pharmaceutical fentanyl and fentanyl
    analogs, and the majority of fatalities in Maine involved two or more
    drugs.

        1a.  According to a fact sheet released by the Department of
    Justice, the President's budget requests $480.9 million in resources to
    bolster drug enforcement and related efforts. How would these funds
    help address the drug overdose crisis in this country?

        Answer. The Drug Enforcement Administration (DEA) will continue to
    use all of the tools at its disposal--administrative, civil, and
    criminal--to help reduce the number of overdoses in the United States.
    In addition, DEA will expand education, outreach, and prevention
    efforts to counter our Nation's drug threats.
        Operation Engage is one of DEA's hallmark drug prevention
    initiatives and is an example of what can be accomplished when law
    enforcement and our community outreach partners join forces. This
    prevention program builds upon the DEA 360 Strategy by allowing DEA
    Field Divisions to address the top illicit drug that presents the
    greatest threat to a community, even if it is not opioids. Operation
    Engage is currently deployed to 11 of DEA's 23 field divisions,
    including the New England Division. In fiscal year 2022, DEA is
    requesting $3.75M to expand Operation Engage to all DEA Field
    Divisions. These resources will fund a Community Outreach Specialist
    for each DEA Field Division as well as operational funding to support
    travel and other outreach expenses. Having Community Outreach
    Specialists across the country will increase DEA's ability to
    collaborate with local community stakeholders and implement tailored
    education and prevention strategies. Through Operation Engage, DEA will
    expand partnerships with local law enforcement and community-based
    groups to combat the supply and demand sides of specific drug threats
    and combat the Nation's overdose crisis.
        Many problems associated with drug abuse are the result of
    legitimately made controlled substances being diverted from their
    lawful purpose into illicit drug traffic. According to the 2019
    National Survey on Drug Use and Health, 9.7 million people misused
    prescription pain relievers, 4.9 million people misused prescription
    stimulants, and 5.9 million people misused prescription tranquilizers
    or sedatives in 2019. The survey also showed that a majority of misused
    prescription drugs were obtained from family and friends, often from
    the home medicine cabinet. Under Federal law, all businesses that
    import, export, manufacture, or distribute controlled substances; all
    health professionals licensed to dispense, administer, or prescribe
    them; and all pharmacies authorized to fill prescriptions must register
    with the DEA. There are over 1.9 million DEA Registrants across the
    country. Training and outreach programs, supported by the Diversion
    Control Program, play an important role in educating Registrants and
    the public about the growing problem of diversion of pharmaceutical
    controlled substances throughout the U.S. Funding for the Diversion
    Control Fee Account will be used to help address the overdose crisis by
    improving education and outreach to the public and to DEA Registrants,
    and by supporting efforts to destroy prescription drugs outside of the
    existing National Take-Back Initiative framework.
        The President's budget request also seeks a total of $190 million
    to support system-wide initiatives that expand comprehensive, locally
    driven responses to opioids, stimulants, and other substances through
    the Comprehensive Opioid, Stimulant, and Substance Abuse Program
    (COSSAP), which was developed as part of the Comprehensive Addiction
    and Recovery Act (CARA) legislation. COSSAP's purpose is to provide
    financial and technical assistance to States, units of local
    government, and Indian Tribal governments to develop, implement, or
    expand comprehensive efforts to identify, respond to, treat, and
    support those impacted by illicit opioids, stimulates, and other drugs
    of abuse. COSSAP aims to reduce the impact of opioids, stimulants, and
    other substances on individuals and communities, including a reduction
    in the number of overdose fatalities, as well as mitigate the impacts
    on crime victims by supporting comprehensive, collaborative
    initiatives.
        Our efforts described above are just part of the Department's
    broader $480.9M request to address the opioid crisis.

        Question 2. During your May 12, 2021, appearance before the full
    Appropriations Committee, I commended you and the Department of Justice
    for seeking to identify and prosecute the individuals responsible for
    the events of January 6, 2021. I also asked you about the Department of
    Justice resources being committed to identify and prosecute the
    individuals responsible for the violence last summer that was aimed at
    government institutions like courthouses and police stations. You
    agreed during the hearing to provide me with additional information,
    but I have yet to receive that information.

        2a.  Since that hearing, have you been briefed on the Department's
    efforts to identify and prosecute the individuals responsible for the
    violence last summer?

        Answer. As I explained in written responses that I submitted to you
    on June 24, 2021 answering your Questions for the Record, the Justice
    Department has dedicated substantial investigative and prosecutorial
    resources from components across the Department and in dozens of
    jurisdictions nationwide to bring charges in numerous cases in
    connection with violence during the summer and fall of 2020 that was
    aimed at government institutions. In particular, the Department's
    Justice Management Division advises that Investigative resources
    totaling more than $48 million, including thousands of DOJ personnel,
    have been deployed from the Department's law enforcement components,
    including the Federal Bureau of Investigation (FBI), the United States
    Marshals Service (USMS), the Bureau of Prisons (BOP), the Bureau of
    Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Drug
    Enforcement Administration (DEA).
        The Justice Department has and will continue to aggressively pursue
    those who engage in violent criminal activity such as the destruction
    of property and violent assaults on law enforcement. The Department is
    committed to working with Congress regarding its ongoing reviews of
    these events and identifying areas for improvement and greater
    cooperation in law enforcement responses.

        2b.  What is the status of the Department's efforts to identify and
    prosecute these individuals?

        Answer. Justice Department investigations and cases to identify and
    prosecute individuals in connection with violence aimed at government
    institutions during the summer and fall of 2020 are ongoing. The
    Department continues to review information and hold accountable those
    who violated the law.
        In order to protect the integrity of all investigations, as a
    general practice, the Department does not comment on the details of
    particular investigations beyond the charging and other public
    documents, and does not comment on the existence or status of any
    potential investigative matter.

        2c.  Has the Department's approach to investigating and prosecuting
    crimes associated with this violent activity changed in any way since
    last summer?

        Answer. I am not aware of any Departmental guidance that has been
    issued since I became Attorney General on March 11, 2021 addressing the
    Justice Department's approach to investigations and prosecutions
    stemming from violence that occurred during the summer and fall of
    2020.
        On January 29, 2021, on the subject of the Justice Department's
    general charging and sentencing policy, the Department rescinded a
    directive entitled Department Charging and Sentencing Policy (May 10,
    2017) and reinstated the guidance articulated in Department Policy on
    Charging and Sentencing (May 19, 2010) to ensure that decisions about
    charging, plea agreements, and advocacy at sentencing are based on the
    merits of each case and reflect an individualized assessment of
    relevant facts.
        In addition, the Department issued guidance to all Federal
    prosecutors on March 8, 2021 emphasizing the need for coordination and
    consistency in prosecutions involving domestic violent extremism and
    imposing new requirements for identifying and tracking such matters.
                                     ______

                  Questions Submitted by Senator Brian Schatz
        Question 1. Project HOPE/HOPE Institute: In fiscal year 2020, how
    many entities were awarded funding through BJA's Project HOPE
    Opportunity Probation with Enforcement (HOPE) model replication
    program--the Swift, Certain, and Fair (SFC) Supervision Program?

        1a.  Of the awardees, how many entities asked for and received
    grants intended for States with multiple sites of implementation?
        1b.  How many asked for and received funding for local
    implementation only? Have any Federal funds gone to State or local
    agencies that seek to expand HOPE principles beyond community
    corrections--e.g., into prisons? If not, does the Department plan to
    expand funding for such projects in the future?

        Answer. BJA received seven applications in fiscal year 2020, of
    which six were for local implementation at the county or city level.
        Up to and including the fiscal year 2021 solicitation, BJA has
    funded the application of the HOPE principles to community supervision
    systems and populations only.
        BJA is open to expanding the application of the HOPE principles to
    prison systems and populations.

        1c.  Please provide an update on the HOPE Institute, and
    specifically the Department's transition of the SCF Resource Center
    into the HOPE Institute.

        Answer. BJA solicited applications for the HOPE Institute seeking a
    training and technical assistance (TTA) provider to provide
    information, resources, and TTA to State, local, and Tribal community
    supervision agencies seeking to develop and test new or enhanced
    applications of the SCF principles using a data-driven, collaborative
    process that is informed by research and responsive to local
    circumstances. The competitive solicitation was posted online on May
    14, 2021 and applications were due on July 13, 2021.

        1d.  Will the HOPE Institute also compile and share research, in
    addition to training and best practices?

        Answer. Yes. The fiscal year 2021 solicitation, entitled Applying
    the Principles of Swiftness, Certainty, and Fairness, states that the
    selected applicant will ``[a]dvance the state of knowledge regarding
    best practices and lessons learned from SCF implementations and
    evaluations,'' including by ``[m]aintain[ing] and update[ing] a website
    to serve as a clearinghouse of information and resources on relevant
    best practices and lessons learned'' and reviewing the results of any
    new research and disseminating key findings for the field.

        1e.  If a designated funding mechanism were to be created for
    research and evaluation of HOPE/SCF programs, what agency would be
    best-positioned to manage related grants?

        Answer. The National Institute of Justice (NIJ) would be best
    positioned within the Office of Justice Programs to manage HOPE/SCF
    research and evaluation grants, as they have done in the past.
        More information is available online about NIJ's evaluation of the
    HOPE Demonstration Field Experiment.

        1f.  What effort has been made to collect and disseminate research
    on HOPE/SCF programs that have not received Federal funding?

        Answer. The SCF Resource Center is currently responsible for
    scanning, synthesizing, and making publicly available any new research
    on this model including research on non-federally funded efforts.

        Question 2. Prison Rape Elimination Act: The Prison Rape
    Elimination Act (PREA) of 2003 mandates that the Bureau of Justice
    Statistics (BJS) ``shall carry out, for each calendar year, a
    comprehensive statistical review and analysis of the incidence and
    effects of prison rape.'' BJS reports are key to efforts to address
    sexual abuse in our juvenile facilities, jails and prisons. In a recent
    mandated report on sexual abuse in detention, BJS withheld critical
    data about characteristics of perpetrators and victims and about
    dynamics surrounding abuse in detention. Failing to release this
    critical information severely limits efforts to prevent, detect, and
    respond to sexual abuse in detention.

        2a.  Will you ensure that BJS timely releases all data collected
    from all mandated data collections and reports regarding sexual abuse
    in detention?

        Answer. Since 2009, BJS has released a formal annual report by the
    end of June each year that describes BJS's activities to collect data
    on prison rape as required in the Prison Rape Elimination Act. The most
    recent report, PREA Data Collection Activities, 2021 was released June
    29, 2021. These reports summarize BJS's data collection, analysis
    activities, and release of substantive reports each year.
        Currently, BJS has three data collections for PREA: the National
    Survey of Youth in Custody, the National Inmate Survey, and the Survey
    of Sexual Victimization.
        Each of these collections is an independent effort and follow the
    standard statistical procedures for collecting reliable and high-
    quality data. BJS is committed to releasing publications and datasets
    from these programs, while ensuring data quality, timeliness, and
    confidentiality. BJS limits access to PREA data only as necessary to
    protect confidentiality of respondents.
        In general, BJS has experienced delays in releasing publications
    due to limited resources. BJS plans to publish additional analysis from
    the PREA datasets going forward.

        2b.  One recent BJS report reveals that, although prisoners have
    more effective methods for reporting sexual abuse inside corrections
    facilities, meaningful investigations are not regularly occurring. How
    will the Department improve investigations of sexual abuse reported by
    incarcerated people?

        Answer. The Justice Department recognizes the significant
    challenges associated with investigations of sexual abuse and sexual
    harassment in confinement facilities.
        In response to these challenges, the Department is currently
    working with its partners at the National PREA Resource Center to
    develop a practical, user-friendly training that targets practitioners
    across the country who are responsible for these types of
    investigations. A primary goal of this unique training is to develop
    skills necessary to conduct these investigations effectively, as
    required by the PREA standards. To increase the reach and impact of
    this resource, it will be offered virtually. And after a pilot of the
    training in 2022, it will be made widely available across the country.

        2c.  PREA also requires the Department to establish a Review Panel
    on Prison Rape that shall hold public hearings every year with selected
    corrections officials to understand and identify ``common
    characteristics of prisons and prison systems with a high incidence of
    prison rape, and the identification of common characteristics of
    prisons and prison systems that appear to have been successful in
    deterring prison rape.'' Will the Department ensure that the required
    public hearings occur every year?

        Answer. Last year, the Justice Department appointed all new members
    to the Review Panel on Prison Rape (Panel). The duty of the Panel is to
    hold annual public hearings concerning the operations of the three
    prisons with the highest incidence of sexual victimization and the two
    prisons with the lowest incidence of sexual victimization in each
    category of facilities identified in data gathered by the Bureau of
    Justice Statistics (BJS). The new Panel plans to hold hearings this
    year based on BJS's National Survey of Youth in Custody, 2018.

        The BJS has published the following three products based on this
    survey:

      --Sexual Victimization in Juvenile Facilities Reported by Youth in
            Juvenile Facilities, 2018 (December 11, 2019)
      --Sexual Victimization Reported by Youth in Juvenile Facilities,
            2018--Supplemental Tables (June 2020)
      --Sexual Victimization Reported by Youth in Juvenile Facilities,
            2018--Supplemental Tables (November 2020).

        2d.  Congress amended PREA in late 2018 by enacting significant
    protections to ensure the quality of PREA audits and PREA auditors. The
    amendment tasks the PREA Management Office of the Bureau of Justice
    Assistance with additional, robust oversight functions, including
    evaluating all auditors and audits for adherence to quality standards
    and decertifying auditors who fall short. The PREA Management Office
    has not yet complied with its new audit oversight duties to establish
    and administer a system for assigning auditors to all Federal, State,
    and local correctional facilities due to insufficient funding. Will you
    review the resource and staffing needs of the PREA Management Office
    and commit to ensuring that they have the support they need to fulfill
    their congressionally mandated duties, in addition to their existing
    functions? Will you commit to continuing grant funding for support to
    States and local jurisdictions for PREA implementation work?

        Answer. The Department remains steadfastly committed to preventing,
    detecting, and responding to sexual abuse and sexual harassment in
    confinement facilities nationwide.
        DOJ and its PREA Management Office continue to work hard to
    leverage the annual PREA appropriation to successfully carry out DOJ's
    many legal requirements, as defined in the PREA statute and the
    national PREA Standards.
        The PREA Management Office advises that it has seen a strong
    commitment from Governors to move their States towards PREA compliance.
    In 2020, twenty-one governors submitted certifications of full
    compliance with the PREA standards for State-operated facilities,
    including prisons. Twenty-nine governors submitted assurances to DOJ
    indicating that they will use portions of certain DOJ grants to come
    into compliance in the future. In addition, the Department will commit
    to reviewing the resource and staffing needs of the PREA Management
    Office.

        2e.  Incarcerated survivors of sexual abuse are some of the most
    isolated and underserved survivors of interpersonal violence. They are
    also a population that mainstream service providers struggle to serve.
    The PREA standards require that survivors of sexual abuse in detention
    have access to many of the same kinds of services to which all victims
    of crime are entitled. A national hotline--one number that a person in
    a prison or jail could call from every State and territory--would both
    ensure that incarcerated survivors have the most basic of services and
    signal that we, as a nation, affirm that rape is not part of the
    penalty. I introduced bipartisan legislation on this issue, the Sexual
    Abuse Services in Detention Act. Would the Department support such a
    national hotline? Do I have your commitment to work with me on my bill?

        Answer. The Department of Justice welcomes the opportunity to work
    with Congress on legislation to create a national sexual abuse hotline
    and supports the overarching goal of providing increased resources to
    victims of sexual abuse and sexual harassment in detention for
    counseling, healing, and incident reporting. The Bureau of Justice
    Assistance and the Office on Violence Against Women are partnering to
    determine how best to create and implement a national service line for
    incarcerated victims of sexual abuse. This includes an in-depth
    planning process to identify the scope of services to be provided,
    training requirements for service line staff, and security constraints
    for correctional facilities, should a service line be authorized and
    appropriated.
        Since March 2021, Justice Department staff have engaged with your
    and Senator Cornyn's offices to discuss the pending legislation. The
    Department looks forward to continuing to work with Congress to ensure
    that proposed legislation is informed by efforts already underway.

        Question 3. BOP Transgender Guidance: In 2018, I sent a letter to
    then-BOP Director Hugh Hurwitz regarding the agency's decision to
    change their Transgender Offender Manual. Under these changes, BOP
    would use a person's ``biological sex'' to determine initially where a
    person will be housed. The revised manual also states that assigning a
    person to a facility based on the person's identified gender is
    appropriate ``only in rare cases.'' I expressed concerns that these
    changes put transgender people in Federal prison at a higher risk of
    sexual abuse, and was in contravention of PREA. Transgender people in
    prison are already more likely to experience sexual abuse than the
    cisgender prison population. In my letter, I urged Director Hurwitz to
    reverse this policy. Unfortunately, he did not. Do I have your
    commitment to reverse this harmful policy and ensure the safety of
    transgender people in prison, including PREA's requirement that housing
    decisions for transgender people be made on a case-by-case basis?

        Answer. Executive Order 13988, signed by the President on January
    20, 2021, calls for every person to be treated with respect and dignity
    without being subject to discrimination based on their gender identity
    or sexual orientation. \1\ Department of Justice components are
    reviewing currently all existing orders, regulations, guidance
    documents, policies, programs, or other agency actions for compliance
    and consistency with the Executive Order. As part of this effort, the
    Bureau of Prisons is in the process of reviewing the Transgender
    Offender Manual.
    ---------------------------------------------------------------------------
        \1\ Exec. Order. No. 13988, 86 Fed. Reg. 7023 (January 25, 2021).

        Question 4. Correctional Education: In 2016, the Department began
    its ``Roadmap to Reentry'' effort to enhance Federal reentry practices.
    This, in part, led to the proposed creation of a unified school
    district within the Federal Bureau of Prisons (BOP). While the previous
    administration scrapped these plans, I introduced legislation to ensure
    that adequate access to education programming can be found in all BOP
    facilities, and to collect and share the research and best practices on
    correctional education. Do I have you commitment to work with me on my
    bill, the Promoting Reentry through Education in Prisons Act, to
    ---------------------------------------------------------------------------
    support efforts to improve prison education programming within BOP?

        Answer. The Justice Department strongly supports efforts to improve
    educational opportunities for inmates in Federal custody, and I would
    welcome the opportunity to talk with you about the Promoting Reentry
    through Education in Prisons Act.

        Question 5. Marijuana Research: In a 2019 response to me, National
    Institutes of Health (NIH) Director Francis Collins and Acting Food and
    Drug Administration (FDA) Commissioner Norman Sharpless supported
    efforts to approve additional entities to supply marijuana for
    research. In addition, NIH and FDA supported ``enabling researchers
    holding Schedule I licenses for marijuana to obtain products from State
    authorized dispensaries.'' While I am pleased that the Drug Enforcement
    Administration (DEA) has announced efforts to approve new manufacturers
    for marijuana research, more can be done by the agency.

        5a.  Do I have your commitment to work with Senators Feinstein and
    Grassley, and me on our marijuana research bill--the Cannabidiol and
    Marihuana Research Expansion Act (S. 253)?

        Answer. Yes. The Justice Department welcomes the opportunity to
    work with you and Senators Feinstein and Grassley on this and any other
    legislation.

        5b.  Does the Department plan to approve the estimated full number
    of licensed manufacturers of marijuana for research--15, as noted in
    DEA's final rule, ``Controls To Enhance the Cultivation of Marihuana
    for Research in the United States''--to provide an adequate and
    uninterrupted supply?

        Answer. DEA has approved five licenses to date. DEA evaluates
    registrants on a case-by-case basis subject to the requirements of the
    Controlled Substances Act (CSA) and is currently reviewing several
    additional pending applications.

        5c.  Does the Department support efforts to enable researchers
    holding Schedule I licenses for marijuana to obtain products from State
    authorized dispensaries?

        Answer. The Justice Department continues to prioritize efforts to
    expand access to marijuana for research purposes. To this end, on May
    14, 2021, DEA announced that it expects it will soon register
    additional manufacturers to cultivate marijuana for research purposes.
    The Justice Department stands ready to work with you and other Members
    of Congress to increase opportunities for medical and scientific
    research.

        5d.  Will the Department work across the administration to restart
    interagency coordination efforts to address issues of marijuana control
    and research?

        Answer. Yes. The Department is currently engaged in interagency
    discussions on this subject and would welcome the opportunity to
    discuss these matters further with you and your colleagues.

        Question 6. State Courts: State courts handle the vast majority of
    all cases in our justice system--over 83 million cases per year. As
    such, they are often the laboratories of innovation when it comes to
    issues such as mental health and substance abuse diversion, eviction
    diversion, fines and fee alternatives, juvenile delinquency and child
    welfare, and the development of other innovative ways to improve the
    delivery of justice nationwide. State courts have traditionally not
    received programmatic support or been given a seat at the table on
    criminal justice reform issues that will largely be dealt by State
    courts across the country.

        6a.  Will the Department work with State court leaders and leverage
    Federal investments to assist in the development of innovative and
    supportive programs to assist in the administration of Justice across
    the States and the Nation?

        Answer. Yes, the Department is committed to working with State
    court leaders to address these critical issues. First, we can ensure
    our State court leaders are aware of what funding opportunities they
    are eligible for and conduct targeted outreach to State court leaders
    when these opportunities become available.
        Examples of eligible funding opportunities include the
    Comprehensive Opioid, Stimulant and Substance Abuse Program (COSSAP),
    the Adult Drug Court Program, and the Justice and Mental Health
    Collaboration Program (JMHCP).
        In addition, in coordination with the State Administering Agencies,
    the Office of Justice Programs will ensure that State court leaders are
    aware of funding opportunities at the State level under the Justice
    Assistance Grant program.
        Moreover, through many of our training and technical assistance
    programs, we provide assistance to State leaders to conduct criminal
    justice strategic planning. We can ensure State court leaders are at
    the table during these critical priority discussions.

        Examples of how BJA has supported innovative approaches to support
    State and local criminal courts include the following:

      --BJA offers technical assistance and support for strategic planning
            related for State Administering Agencies (SAA) that oversee
            BJA's Justice Assistance Grants, which give States autonomy to
            identify and nurture innovation. This year, BJA began a
            coordination meeting to identify and support the needs to
            States, especially courts, to address the requirements of the
            Sixth Amendment in pandemic, exploring innovative approaches
            that States can use to support courts and to prepare for
            reopening.
      --In COSSAP, States can develop State led approaches to enhance
            treatment, support overdose response and deflection from the
            system to treatment and diversion by law enforcement and courts
            & prosecutors, and deepening treatment and recovery support
            services to courts across the States.
      --Under the Adult Drug Court program, BJA meets regularly with State
            drug court coordinators to identify issues and needs, to
            partner and leverage training capacity of States and support
            fidelity audits and collection and analysis of data about
            program activity and efficacy.

        6b.  Do I have your commitment to work more closely with State
    court leadership on the development and implementation of many of the
    criminal justice reforms and improvements that this administration
    seeks to advance?

        Answer. Yes, you have my commitment to work with State court
    leaders on the development and implementation of the criminal justice
    reforms and improvements we are working to advance. For example, OJP
    intends to invite State court leaders to listening sessions and conduct
    other open sessions to gather information and insight from the field.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. The hearing is adjourned.
        [Whereupon, at 4:14 p.m., Wednesday, June 9, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

                                  ----------

                             TUESDAY, JUNE 15, 2021

                                           U.S. Senate,
               Subcommittee of the Committee on Appropriations,
                                                        Washington, DC.

        The subcommittee met at 2:07 p.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chairwoman)
    presiding.
        Present: Senators Shaheen, Manchin, Van Hollen, Moran,
    Boozman, Capito, Kennedy, and Braun.

                 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. At this time I would like to call the
    Subcommittee on Commerce, Justice, and Science and Related
    Agencies of the Senate Appropriations Committee to order.
        Good afternoon. As I said, we hope that we will be joined,
    as soon as the caucuses are ended, by some of the other Members
    of the subcommittee, but for now, I am pleased to be joined by
    my Vice Chair, Senator Moran, and for the hearing with the new
    NASA Administrator, Bill Nelson, who we are so pleased to be
    able to welcome back to the Senate.
        Now since in his previous capacity, Administrator Nelson
    represented the State of Florida and did a very good job of
    pointing out the importance of Florida to our space program.
        I would like to begin by being a little parochial and
    talking about the fact that my home State of New Hampshire is
    also a space State. We had the first U.S. man in space, was
    from New Hampshire, Alan Shepard, and of course our teacher in
    space, Christa McAuliffe was also from New Hampshire. New
    Hampshire made parts that provide communications, thermal
    protection, fluid transfer, and more, for NASA missions
    operating in deep space. We still build and operate major
    instruments on NASA satellites to study solar physics, the
    Moon, and the Earth. We are very pleased that at the University
    of New Hampshire we have one of the most expansive and best-
    regarded heliophysics programs in the country.
        We are very ready in New Hampshire to contribute across the
    board to the exciting science exploration and aeronautics
    included in NASA's $24.8 billion budget request, this
    represents $1.5 billion or 6.7 percent increase above the
    fiscal year 2021 level.
        Now there is a lot to like in this budget request, it
    includes a $20 million increase for NASA's Office of STEM
    Engagement, which we know is critical to our future. The
    funding will allow more students to contribute to NASA's
    mission with hands-on learning so they can join a diverse
    science and engineering workforce in the future.
        Of course, as we think about what we have got to do in the
    future, we have to address climate change. Climate change, as
    we know, is an existential threat that is already compromising
    our environment, public health, transportation, infrastructure,
    economies, and even military installations. I know the
    administrator appreciates that because he has seen what has
    happened in Miami, and the fact that we have got to address the
    changes in our climate.
        What this budget does is step up our commitment to NASA's
    world-class Earth Science Research so we can better understand
    our changing planet, and also to sustainable aviation so we can
    meaningfully cut aircraft emissions. I am also pleased to see
    the other investments in science, enabling ongoing missions to
    continue, and providing funds needed due to the impacts of the
    COVID-19 pandemic on NASA centers and its commercial and
    academic partners.
        With respect to Artemis, NASA's missions to send the first
    woman and the first person of color to the Moon, there has been
    a lot of discussion of NASA's decision to select only one
    contractor for the Human Landing System Demonstration Mission
    to land on the Moon as early as 2024, I want to just point out
    that NASA's rhetoric blaming Congress and this subcommittee for
    the decision to do just one contractor really rings hollow. I
    hope we can get to this in our questioning, because in fiscal
    year 2021, NASA projected that it would need $4.4 billion for
    landers in fiscal year 2022. Instead, the budget before us
    requests only $1.2 billion for the HLS Program.
        I am interested in how NASA intends to stimulate
    competition while continuing progress towards its planned
    program that will use the Gateway as a basis for excursions to
    the Moon. Now, I know that you are not going to be able to
    answer some of these questions because of the ongoing GAO
    protest of NASA's decision. However, I hope we can discuss
    where competition is really critical to bring the best value to
    government.
        NASA at its best inspires us, and we certainly needed some
    joy and inspiration over the last year. We soared with Bob and
    Doug as SpaceX Demo-2 mission became the first mission to
    launch astronauts from U.S. soil since 2011. We crossed our
    fingers through Perseverance's 7 minutes of terror, and we
    exhaled when the rover landed safely and precisely. It has
    continued to amaze us with the sounds of Mars, and the flights
    of the Ingenuity Helicopter.
        I am looking forward to what we will see in the coming year
    as NASA continues to make spectacular discoveries, fly the X-57
    electric aircraft, and see long awaited launches for Boeing
    Starliner, the James Webb Space Telescope, and the Artemis I
    Mission. There is a lot on your plate, Mr. Administrator, we
    are ready to work with you. We look forward to that.
        I will now recognize the Ranking Member, Senator Moran.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chairwoman Shaheen, thank you very much.
    Administrator Nelson, welcome to this subcommittee. We look
    forward to fruitful conversations today and into the future. I
    am just, on a personal level, excited about the country being
    led by you as a NASA Administrator, and personally for you, I
    cannot imagine another capstone to a distinguished career that
    could bring more meaning and significance to your life.
        Our last time together was your nomination hearing, and
    that occurred at the Commerce Committee. I hope that you are
    settling in at NASA. I say that so I can remind you, as you did
    earlier, that I am not only an authorizer but an appropriator.
    We look forward to being a partner and an ally in advancing the
    cause of space for our country.
        You have the opportunity to lead an organization that is
    known throughout the world and serves as an instrument of
    discovery and inspiration for both young and old. I am reminded
    about the inspiration and how it can affect people, I would
    highlight the story of Clyde Cessna and the effects he had on
    Kansas that last even till today.
        Clyde was a farmer in Rago, Kansas, with a knack for
    mechanics who attended an air exposition in 1911 and became
    determined to build a plane and fly it within his grasp. For 5
    years he worked on his designs, ultimately starting production
    in 1916 in Wichita, Kansas, to build airplanes, and ever since
    Cessna's name has been associated with civilian aircraft. Today
    partnerships can be found between NASA and Kansas utilizing our
    State's aerospace strength while working to advance NASA's
    toward their future goals.
        NASA's proposed fiscal year 2022 budget is $24.8 billion,
    an increase of $1.5 billion over the current budget, within
    this budget exists a number of inspirational opportunities that
    will certainly be the spark that leads to a future that we
    cannot imagine today. We are creating more Clyde Cessnas every
    day because of NASA.
        I have seen the Artemis I rocket in action, the Orion
    capsule and the flight hardware being built for returning to
    the Moon, and there is no question that seeing our astronauts
    return to the lunar surface will have a lasting impact on the
    lives of future scientists and engineers. The Perseverance
    Rover and Ingenuity Helicopter are bringing us new and exciting
    events from the surface of Mars, and NASA will soon be flying
    an experimental aircraft that will enable hypersonic flight in
    ways that were not ever before possible.
        I am pleased to see that STEM Engagement is back in the
    budget for NASA. It has been an issue for this subcommittee and
    our full committee for a long time. NASA has the opportunity to
    capitalize on its missions to encourage students across the
    country, no matter where they live to pursue activities in
    STEM, the Nation needs these activities to maintain and grow
    our capabilities for the future.
        As other nations began to make strides in space
    exploration, we must, we must maintain our lead and leadership
    in space. The proposed budget presents a vision of what NASA is
    capable of in these unique times.
        I thank you for coming today, Administrator Nelson, I look
    forward to our conversations not only today, but in the future
    on how NASA can accomplish its goals. Thank you, sir.
        Senator Shaheen. Thank you very much, Senator Moran.
        We are delighted to hear your testimony.
    STATEMENT OF HON. BILL NELSON, ADMINISTRATOR, NATIONAL
                AERONAUTICS AND SPACE ADMINISTRATION
        Mr. Nelson. Madam Chair, Senator Moran, returning to these
    halls brings almost a catch in my throat, because it was one of
    the greatest honors of my life to serve with you all in this
    institution and, indeed, basically a lifetime of public
    service. I must admit I am like a kid in a candy shop now, and
    every day has just been one excitement after another. This
    morning, very early, I went to Russia and I came back,
    participating in a global space conference that was held in St.
    Petersburg, Russia; followed up later in the morning with a
    call with the President of Roscosmos, talking about our mutual
    interest.
        I certainly made a note of the fact for him to remember
    that, two nations that, while on terra firma, have had some
    difficulty with each other, both as a Soviet Union and now
    Russia, and the United States. Ever since 1975 we have
    cooperated, and we have not only cooperated, we have worked and
    lived together in space ever since General Tom Stafford and
    General Alexei Leonov rendezvoused and docked.
        Those two crews in the midst of the Cold War, and our
    difficulties with the Soviet Union, and yet they demonstrated
    what can be done if you will reach beyond the politics. That
    has continued. Example, the Russians have built the
    International Space Station with us. You think about the
    station, think about going to the football game from one
    goalpost, to the other goalpost, to the end of the end zones,
    from end zone to end zone, that is how large the space station
    is right now on orbit. We have cooperated with a dozen nations
    as we are carrying out all the research, the activities, the
    space walks, and particularly our partners that helped us build
    the station.
        Now I am mindful of your time, because I have heard
    witnesses that drone on and on, and I am not going to. I want
    to leave it for you to ask questions. My opening statement
    could have been the remarks that the two of you have already
    made.
        Let me just point out a couple of stories. This, which is
    in most everybody's pocket, it has become almost essential to
    us every day. When we see something that we like we take a
    picture of it. That is a spinoff of space technology, because
    NASA developed a camera on a chip that is basically in every
    one of our cell phones. That is the kind of spinoff we have.
    You get on an airplane, now that COVID is loosening up, look
    out the window and look at the wing and you will see that wing
    turn up. That was as a result of NASA Aeronautics Research.
        What they found is, you can save fuel and indeed you can
    get to altitude quicker. Look at Senator Moran is talking about
    aeronautics that is, by the way, the first A in NASA, look at
    the research that we have going on now. We are going to fly at
    the end of this year an all-electric experimental aircraft to
    see if, as we develop it further, if we can cut down on
    pollution as well as fuel consumption.
        Just recently NASA conducted an experiment at the Charlotte
    Airport, and this particular experiment because of air traffic
    control on the ground, as well as in the air, in the period in
    which the study was conducted, they saved over a million
    gallons of fuel in a short period of time. Ultimately, you all
    are going to see that in our air traffic control, what we would
    call the next generation of air traffic control. Get from point
    A to point B, by going in a straight line, instead of the
    routes that we often have to take on a ``dog leg''. With our
    present radar system this can direct us and you can have
    instant situational awareness in the cockpit.
        Now I have just scratched the surface on what NASA does.
    Madam Chair, I want to stop there. There are some very
    important decisions that have to be made about us getting to
    the Moon and landing safely in the goal of 2024, and all along
    be mindful of what a very aggressive space competitor is doing.
        I am talking about China. When they landed on Mars, the
    second nation to land on Mars with a rover, successfully, it
    makes no difference that we did it back in the 1970s first. It
    does make a difference that they are very technologically
    advanced, and tomorrow afternoon there is going to be an
    announcement out of this global conference in St. Petersburg
    between the Russians and the Chinese. It will be interesting to
    be tuned into that because the primacy of our space program, as
    cooperative as we have been, it is going to be important for us
    to be landing on the surface of the Moon with the first woman
    and the first person of color before our competitors do.
        With that, I would turn it over to you for whatever I might
    try to answer, Madam Chair.

        [The statement follows:]
                     Prepared Statement of Hon. Bill Nelson
        Chairwoman Shaheen and Members of the subcommittee, I am pleased to
    have this opportunity to discuss NASA's fiscal year 2022 budget request
    of $24.8 billion. This request represents an increase of $1.6 billion,
    or 6.6 percent, above the fiscal year 2021 enacted level.
        But first, I would like to thank you for your ongoing support for
    NASA. This funding aligns closely with administration priorities,
    including expanded climate change research; continued investment in
    human spaceflight through the International Space Station (ISS) and
    Artemis Programs that enhance global engagement and diplomacy;
    investments in cutting-edge research and development that fuel
    innovation, create high-paying jobs, grow the economy, and improve life
    on Earth; advancement of the U.S. aviation industrial base to build a
    green aviation system; and strengthening of a diverse Science,
    Technology, Engineering, and Math (STEM) workforce that inspires future
    generations.
        NASA is more than the world's premier space exploration
    organization. NASA is a uniquely powerful source of national
    inspiration and international leadership. Over the past year, the NASA
    team has demonstrated remarkable resilience, overcoming COVID-19
    challenges to press forward with a series of outstanding successes,
    including the historic first flight on another planet. NASA's landing
    of Perseverance on Mars is emblematic of an Agency, and a Nation, that
    can overcome challenges, to achieve whatever goals we set. To quote the
    President on a phone call to NASA Jet Propulsion Laboratory (JPL):

            ``We can land a rover on Mars. We can beat a pandemic. And with
            science, hope, and vision, there's not a damn thing we can't do
            as a country.''

        With the resources entrusted to us by Congress and the American
    people, and the dedicated efforts of our commercial partners, we have
    returned human spaceflight to American soil on American rockets.
    Adapting what we have learned from these efforts, we are moving rapidly
    to return Americans to the surface of the Moon as quickly as we can
    safely do so. We are committed to landing the first woman and the first
    person of color on the Moon. We will use all of this Nation's capacity
    for innovation to develop the experience and capability around the Moon
    that will send Americans on to Mars. We are building the Space Launch
    System (SLS) and the Orion crew vehicle, to make deep space exploration
    possible, and we will soon launch the first, uncrewed mission in the
    Artemis lunar exploration program. During this flight, targeted for
    this year, the spacecraft will fly farther than any spacecraft built
    for humans has ever flown.
        The budget request includes funding for the development of the
    Block lB variant of SLS as well as funding for construction of a second
    Mobile Launcher, both of which will help support a robust Moon to Mars
    program.
        On April 16, 2021, NASA announced it had selected SpaceX to
    continue development of the first commercial human lander that will
    safely carry the next two American astronauts to the lunar surface. The
    firm-fixed price, milestone-based contract total award value is $2.89
    billion, out of total requested 5-year Human Landing System (HLS)
    funding of $7.8 billion. This HLS contract award is under protest as of
    this time. While the human landing demonstration award is under
    protest, NASA is continuing to prepare for competition for the follow-
    on landings to the lunar surface. These services will provide human
    access to the lunar surface using the Gateway on a regularly recurring
    basis beyond the initial crewed demonstration mission. By taking a
    collaborative approach in working with industry and international
    partners while leveraging NASA's proven technical expertise and
    capabilities, we will return American astronauts to the Moon's surface
    once again, this time to explore new areas for longer periods of time.
        For over 20 years, NASA has maintained a continuous human presence
    in Earth orbit, developing technology, skills, and knowledge needed for
    human exploration of the Moon and Mars. The budget request ensures that
    there will be no gap in human presence in Low Earth Orbit (LEO) by
    continuing to invest in commercial LEO destinations and services. The
    coming year will see a second commercial partner demonstrate crew
    transportation and begin regular crewed flights to the ISS. This
    regular cadence of crew rotation missions will contribute to the
    foundation of a more affordable and sustainable future for American
    human spaceflight. In addition, this will allow more capacity and
    resources for research and development projects on ISS, which are
    improving life on Earth and proving out the viability of a LEO economy.
        NASA is on Mars now and studying the planet more intensively than
    ever before. The request includes funding to develop the mission that
    will return samples from Mars to Earth. With the successful landing of
    the Perseverance rover, we are now operating two rovers, a lander, and
    a helicopter on the surface of Mars, supported by an array of orbiting
    spacecraft. We continue to operate a constellation of spacecraft
    exploring the solar system while developing new missions to Earth's
    Moon and Jupiter's moon Europa, as well as a mission dedicated to
    detecting potentially hazardous Near-Earth Objects (NEOs). Later this
    year, we will launch the Lucy mission to explore the Trojan asteroids
    in the vicinity of Jupiter, to be followed in 2022 by the Psyche
    mission to a metallic asteroid. These asteroids are thought to be
    remnants of the primordial material that formed the outer planets. NASA
    recently announced a major return to our nearest planetary neighbor,
    Venus, selecting not one but two missions that will be run out of the
    Planetary Missions Program Office at Marshall Space Flight Center. The
    first mission, DAVINCI+, will measure the composition of Venus'
    atmosphere to understand how it formed and evolved, as well as
    determine whether the planet ever had an ocean. The second mission,
    VERITAS, will map Venus's surface to determine the planet's geologic
    history and understand why it developed so differently than Earth.
        NASA is a critical piece of the administration's efforts to
    understand and address global climate change. The request supports the
    continued development of high-priority missions including Plankton,
    Aerosol, Cloud, ocean Ecosystem (PACE); Climate Absolute Radiance and
    Refractivity Observatory (CLARREO) Pathfinder; and Landsat 9, while
    also supporting acquisition of Earth Science observation data for
    commercial SmallSat constellations. In a major step forward for Earth
    Science, we have initiated a mission concept for NASA's Earth System
    Observatory, a new architecture for deploying and integrating next-
    generation spaceborne Earth observation systems. The Observatory
    includes development of four core strategic missions for launch this
    decade, and will provide the world an unprecedented understanding of
    the critical interactions between Earth's atmosphere, land, ocean, and
    ice processes. These processes define how the changing climate will
    play out at regional and local levels, and on near- to long-term time
    scales. The Earth System Observatory builds on NASA's Earth Science
    Division's current observations of Earth on a global scale, a fleet of
    16 major Earth observatories plus six Earth observation instruments on
    the ISS, SmallSats, CubeSats, and missions flown by piloted and
    unpiloted aircraft.
        Later this year, NASA will launch the James Webb Space Telescope
    (Webb), the largest and most complex space science observatory ever
    built. Webb is an infrared telescope designed to observe the farthest
    objects, broadening and transforming our understanding of the early
    universe. It will see the light from the first galaxies that formed in
    the early universe after the Big Bang, and observe the birth of stellar
    systems, as well as explore distant worlds and study the atmospheres of
    planets orbiting other stars--known as exoplanets--searching for
    chemical fingerprints of habitability. Webb will join a constellation
    of operating astrophysics observatories including the Hubble Space
    Telescope, Chandra X-Ray Observatory, and seven other operating
    missions. The request supports the development of the Nancy Grace Roman
    Space telescope, designed to unravel the secrets of dark energy and
    dark matter, and to search for and image exoplanets.
        Supporting all of these efforts, NASA is developing new
    technologies ranging from robotic servicing technology to extend the
    life of orbiting spacecraft to laser communications for space.
    Launching this year, the Laser Communications Relay Demonstration will
    showcase the unique capabilities of optical communications to radically
    increase the volume of information a signal can carry. In fiscal year
    2022, NASA will deliver the Polar Resources Ice Mining Experiment-1 to
    Intuitive Machines, who will transport this first-of-its-kind, in situ
    resource utilization demonstration to the Moon. This experiment will
    robotically sample and analyze ice from below the surface and study the
    drill cuttings for water and other chemical compounds to help
    scientists understand the potential of using resources found on the
    Moon. The Low-Earth Orbit Flight Test of an Inflatable Decelerator will
    complete fabrication of its flight hardware for an fiscal year 2022
    demonstration of space braking technology that will enable a variety of
    proposed NASA missions to destinations such as Mars, Venus, and Titan,
    as well as return to Earth. The On-orbit Servicing, Assembly, and
    Manufacturing-2 project is working toward a late 2022 launch to build,
    assemble, and deploy its own operational solar arrays in space. NASA is
    continuing to spur a vibrant space economy through a new Industry and
    Commerce Innovation opportunity that will invest in technologies needed
    by commercial space stakeholders.
        NASA's aeronautics research will make significant contributions to
    the national effort to address global climate change, through vehicle
    technology development and advanced airspace operations, as well as
    serving as a vital source of innovation for the country's leading
    export industry, commercial aviation. The request increases funding for
    planned green aviation initiatives across these programs and supports
    the continued development of the X-59 Low Boom Flight Demonstrator, as
    well as early designs of a Sustainable Flight Demonstrator. This year,
    we will fly the first test flight of the X-57 Maxwell, NASA's first
    all-electric X-plane--a major step forward in efforts to develop a more
    sustainable aeronautics industry.
        For the first time in many years, NASA's budget request includes
    funding for its Office of STEM engagement. With a significant increase
    over recent appropriated funding, the budget request for STEM
    engagement will increase investment in the Nation's next generation of
    scientists, engineers, technologists, mathematicians, and explorers.
        NASA is uniquely positioned to support administration priorities.
    The Agency is helping to restore America's global standing,
    demonstrating the power of a diverse, unified democracy to overcome
    challenges and achieve great goals. As a source of innovation, and by
    directly promoting the growth of space and aeronautics industries, NASA
    plays an important supporting role in creating skilled, high-paying
    jobs. We are critical to the administration's efforts to expand climate
    research and investment in innovative sustainable technologies. In
    addition, NASA is accelerating efforts to further diversity, equity,
    and inclusion. NASA has long understood that diversity, equity, and
    inclusion is not simply a matter of justice or fairness, but rather a
    source of strength and innovation and critical thinking.
                                   conclusion
        The fiscal year 2022 request demonstrates the President's
    commitment to NASA and the people across the Agency and its partners
    who have worked so hard this past year under the most difficult
    circumstances and achieved unprecedented success. The NASA workforce
    and the American people should be encouraged by what they see in this
    budget request. It is an investment in our future, and it shows
    confidence in the broad array of benefits this Agency delivers for the
    Nation.
        Madam Chair, I would be pleased to respond to your questions and
    those of other Members of the subcommittee.

        Senator Shaheen. Thank you very much, Administrator. As you
    point out NASA is important not just for research and what that
    can provide to our other innovative discoveries and commerce.
    It is also important in terms of the competition where we are
    no longer the only actor there. We have to ensure that we
    continue to be competitive.
        I want to go back to the issue that I raised in my opening
    statement that we discussed briefly when we had our phone
    conversation, which I very much appreciated, and that is the
    issue of one provider for the human landing system. As we have
    seen from commercial cargo and commercial crew, having multiple
    providers can keep the cost of services down and ensure that
    when a problem comes up with one provider, it does not shut
    down the whole International Space Station.
        What is the best approach for ensuring competition for
    Lunar Lander Services? Do we ultimately need two demonstration
    missions? Or can we ensure competition in a sustainable phase?
        Mr. Nelson. Yes, ma'am, we do need to. Competition is good,
    it brings the best cost and the most efficient route, the fact
    is that before you were kind enough to confirm me in this
    position NASA had requested $3.4 billion in this current year
    in order to get this competition going. There were three major
    competitors. At the end of the day the appropriation was $850
    million, approximately $400 million of that was used as the
    kick start to the initial competition.
        Dynetics bid about $8.5, $9 billion, and these were fixed-
    price contracts, Blue Origin bid about $6 billion, SpaceX bid
    $3 billion. Before I arrived on the scene, NASA did a Source
    Selection and the Board decided that they did not have enough
    money in what was the run-out on the budget, in order to have a
    sustained and qualified real competition. Although each had
    their own technical proficiency, and yet, you see where the
    fixed-price bids had come in. That was the Source Selection
    Board's decision.
        What I would propose to you, Madam Chair, and Senator
    Moran--Senator Braun, good to see you,--is that you all
    consider additional monies for ensuring that there is the
    competition. Now we are in this never-never land right now
    until August 4 because of the GAO protest. Of course that
    decision will have a bearing on this, but going forward we are
    going to have, one way or another, competition for a lot of
    landings on the Moon over the next decade-and-a-half. In which
    case, this country boy from Florida thinks that you ought to
    have competition.
        Now, there are many different ways to skin a cat, as you
    all know. That is, you have got a jobs bill coming along, and
    there is, in one form, a recommended R&D component in that jobs
    bill, aside from just straight infrastructure. By the way, in
    infrastructure NASA has a lot of buildings that are
    deteriorating. If you have a space center in your various
    States, they will know, the senators will know about that
    because of the deteriorating condition.
        For example, the big building down in New Orleans that puts
    together the core of the big rocket, it has holes in the roof,
    and they need some money to repair that. The jobs bill is a way
    that you could fund NASA's needs not only for infrastructure,
    but also for this additional money to try to give us the
    competitive proposition over--so that we can then select two
    landers at least, let them compete, and ultimately have the
    Source Selection Board decide on one.
        Senator Shaheen. Well, just so I am clear about what you
    are saying with respect to this mission. As I understand what
    you are saying is that there are lots of opportunities for
    competition in the future. We are going to get a resolution
    from the GAO at some point this summer, and so for this mission
    you see only one contractor.
        Mr. Nelson. Well, the decision was that for the first
    demonstration landing, there was only enough money to award
    one, but we are not going to the Moon to have one demonstration
    landing with humans. We are talking about utilizing the
    properties of the Moon to get ready to go to Mars. That is
    going to require many landings and those need to be competed,
    now that is if the GAO upholds the NASA Selection Board
    decision.
        Senator Shaheen. I understand that.
        Mr. Nelson. If they throw it out, then we go back to the
    beginning and restart it. There, of course, is where we would
    need resources to do a vigorous competition.
        Senator Shaheen. Again, just so I understand. In that case
    what you are suggesting is if the GAO throws out the bid that
    NASA would be coming back to this subcommittee to request
    additional funding for competition?
        Mr. Nelson. No, because I am requesting that right now, and
    suggesting that a way to do that is the jobs bill.
        Senator Shaheen. Okay.
        Mr. Nelson. For that additional funding.
        Senator Shaheen. Unfortunately, this subcommittee will not
    make the decision on the jobs bill. That would be nice if we
    could expand our ability to do that, but.
        Mr. Nelson. It would be. As a matter of fact, you all may
    be making that at the 11th hour and the 59th minute.
        Senator Shaheen. Well thank you. I will turn it over to
    Senator Moran for his questions at this point.
        Senator Moran. Chair, thank you. I guess I just will try to
    put a cap on what this conversation has entailed. There is
    nothing in this budget request, the administration's budget
    requests that asks for this subcommittee and the Full
    Appropriations Committee to fund an additional competitor in
    this process. Is that true?
        Mr. Nelson. That is correct. It is a very robust request,
    but the hard reality is that if we want to do competition on
    down the line of all the landings that need to get started
    right now, there is going to need to be more money. I am
    suggesting that the jobs bill is a way that you could do that.
        Senator Moran. Administrator, I am not trying to create
    banter here, but you are having to do the same thing we have to
    do, which is prioritize our spending. Let me ask about the
    Artemis landing date. I have seen what you have said in public.
    The budget request does not contradict or propose a different
    date from the previous 2024 goal, as far as I can tell. I know
    that these ambitious goals and timelines often spur motivation
    as well as provide a mechanism to incite decisiveness in
    decisionmaking.
        The calendar says 2021, and there is a lot still to be done
    in order to land our astronauts on the Moon. If NASA receives
    exactly the budget that is being requested for Artemis from--in
    the appropriations process, when do you believe we will land
    astronauts, that first woman, that first person of color, on
    the Moon?
        Mr. Nelson. I wish I could give you a precise answer; the
    fact is that 2024 is the goal. Space is hard. If you look at
    the history of development of spacecraft and rockets, you often
    run into situations in which--in fact, there is some unknown
    that occurs and you see delays. We have to be soberly realistic
    about this, but the goal is 2024.
        Senator Moran. The budget that you are requesting meets
    that goal? Assuming that the assumptions that are made today,
    that your budget would meet that goal of 2024.
        Mr. Nelson. Unless you want competition. I have suggested a
    way in which to do that. Senator, may I add one other
    complicating factor?
        Senator Moran. Please.
        Mr. Nelson. I think--this is my personal opinion--that I
    think you are going to see a very aggressive China. You are
    going to see a Chinese Government that understands all the
    value of the success in space. We have already seen how they
    are glowing in the afterglow of their landing on Mars with a
    rover. I think you are going to see an aggressive program of
    them landing on the Moon. I am stating what is out there
    already in the press.
        I think that is going to become a question for you all as
    policymakers. What is the value to the United States that we
    get back to the Moon first, and get on with this program in
    preparation to go to Mars?
        Senator Moran. What transpired with the landing by China on
    the Moon, did it change any calculations as to what we are
    doing at NASA, or formulate any additional ideas about
    technology?
        Mr. Nelson. It certainly has my attention. I have suggested
    to you, and landing on Mars is no small feat, which they did.
        Senator Moran. Yes, I misspoke. Thank you for correcting
    me.
        Mr. Nelson. I think you are seeing statements being made by
    the Chinese Government that they don't want to wait around
    until the 2030s to land on the Moon with humans; and tomorrow,
    as I mentioned, in this global conference in St. Petersburg,
    Russia, we are expecting a statement being made jointly by
    China and Russia as to what their plans are. Let us see what
    that is.
        Senator Moran. You and I had a conversation just briefly
    before this hearing started. I was highlighting for you
    something that I was pleased to know that you already knew.
    Last December, the Kansas Department of Transportation and the
    Federal Aviation Administration finalized an agreement to
    establish the Kansas SuperSonic Transportation Corridor for use
    in testing non-military aircraft that fly faster than the speed
    of sound.
        As the first and only such commercial SuperSonic flight
    test route in the Nation, in our Interior, we would welcome
    NASA to utilize the 770 nautical-mile-long corridor within our
    State to further NASA's SuperSonic efforts. NASA moves forward
    in their X-59 testing, can I assume that you will keep me and
    my staff updated on the selection of flight paths for that X-59
    and ask you that this opportunity that Kansas has helped to
    create, be utilized by NASA?
        Mr. Nelson. Of course. Senator, Kansas is to be commended
    that they are forward-thinking enough to realize that there is
    the advance of technology. As we are developing this X-59 so
    that you could fly SuperSonic and do it over land, as well as
    over the ocean, what you all are saying is, you want that
    SuperSonic aircraft to say: Boom, over that corridor that you
    have created.
        What this research is, is to develop that SuperSonic
    aircraft, that does not go the big boom when it breaks the
    sound barrier, but that it is a much more muffled sound that
    does not become a problem in flying SuperSonic over populated
    areas.
        Senator Moran. Mr. Administrator, thank you and just ask
    you to allow me the opportunity to highlight for you that
    capability, in Kansas, for the X-59 testing.
        Thank you, Chairwoman.
        Senator Shaheen. Thank you, Senator Moran.
        Senator Kennedy.
        Senator Kennedy. Thank you, Madam Chair.
        Mr. Administrator, congratulations.
        Mr. Nelson. Thank you, Senator.
        Senator Kennedy. I think the President has chosen well, and
    I am so pleased that we will get to continue to work together
    and I mean that, Bill.
        Mr. Nelson. Well, it is my privilege.
        Senator Kennedy. Your budget, your budget request includes
    $390 million for, ``Construction and environmental compliance
    and restoration''. Now we need, as you probably know, about
    $174 million to restore and repair Michoud and Stennis. Is that
    included in your budget request?
        Mr. Nelson. Well, it is going to be, if you will help us.
        Senator Kennedy. We will help you.
        Mr. Nelson. Senator, before you came in, I have already
    named Michoud.
        Senator Kennedy. That is what ``Bubba'' was telling me.
        Mr. Nelson. Pointed out, there are holes in that roof where
    we are putting together the first core, the first stage of the
    rocket before it is shipped to the Stennis Space Center, where
    then the engines are tested with the live fire and not only at
    Michoud and at Stennis, but every NASA center, 10 of them, and
    10 facilities, and there is crumbling infrastructure, and we
    desperately need it.
        I will tell you, one of the things you could do with this
    infrastructure bill coming along, we can only squeeze out so
    much in the President's budget, but you have a wonderful
    opportunity, as conservative estimate, NASA needs about $5
    billion to address its infrastructure needs.
        The chairman of the--the Ranking Member of the full
    committee, Senator Shelby has pointed out to me on a number of
    occasions that he has an administration building, a
    headquarters building at his Center, Marshall Space Flight
    Center, that has to be torn down.
        Senator Kennedy. Yes.
        Mr. Nelson. It is just in terrific disrepair. We really
    have these infrastructure needs.
        Senator Kennedy. Let me ask you. Let me switch gears here
    slightly. The SLS heavy-lift rocket, as you know, is being
    built for Artemis missions so our astronauts can return to the
    Moon, beyond the planned Artemis crew missions, what will be
    the role for SLS in the next decade as you see it? Can it be
    used, or will it be used for cargo-only missions in support of
    staying on the Moon, or our journey to Mars? Or will we use it
    to launch scientific missions? What are your thoughts?
        Mr. Nelson. All of the above, Senator. The first three
    missions are with regard to--and by the way--I wish, Madam
    Chair, that you all might consider doing a CoDel at the end of
    the year to come down for the launch of the most powerful
    rocket in the world. The Space Launch System, SLS, with its
    spacecraft on the top called Orion, and it will----
        Senator Kennedy. That is a great idea, great idea,
    Administrator.
        Mr. Nelson [continuing]. It will launch uncrewed. It will
    go way out beyond the Moon, come back, the capsule will land in
    the ocean. If all goes well, then within 2 years we will have
    the first crew. This is Artemis II, to go out beyond the Moon,
    maybe do a cislunar orbit, and then come back.
        Artemis III, which is the one, Madam Chair, that we are--
    the goal is 2024. Then it goes and rendezvous in lunar orbit
    with the winner of the competition for the first demonstration
    landing, the lander takes the crew down to the surface. They do
    their activities, come back, marry up with Orion and bring the
    crew home safely.
        Then Artemis IV, and you had asked about that as did the
    chair, Artemis IV has an enhanced upper stage because now it
    has a bigger load, not only the spacecraft on top, but the
    first component of the so-called space station that will go in
    lunar orbit called the Gateway, which will be built with our
    international partners, and will serve as a way station as we
    build and develop the technologies to go to Mars.
        Senator Kennedy. Wow. Well, I am out of time, but let me
    say it again, Mr. Administrator, I am very grateful you are
    willing to continue to share your good judgment, and your
    experience, and your expertise with the American people. I am
    so pleased we will continue to work together. Thank you for
    giving so much.
        Mr. Nelson. Bless you. Thank you.
        Senator Kennedy. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Kennedy.
        Senator Van Hollen.
        Senator Van Hollen. Thank you, Madam Chairwoman, Ranking
    Member Moran.
        Mr. Administrator, it is great to see you. Look forward to
    working with you on the important mission that you have before
    you. You know well that your own State of Florida is a major
    center for space activities and exploration. I know you also
    know that Maryland has a major footprint when it comes to
    space, including the Goddard Space Flight Center, including,
    APL, the Applied Physics Laboratory and their Hopkins Space
    Center Institute--Space Telescope Institute. Wallops, which is
    not physically located in Maryland, but majority of the great
    people who work there live and work in Maryland.
        I just want to, again, renew the invitation from Senator
    Cardin and myself. To come with us to visit Goddard, as well as
    Wallops. Are you still up for that?
        Mr. Nelson. I am expecting to be at Goddard in the next two
    weeks, and it is my understanding that the Vice President wants
    to go and wants me to tag along. I think that would be a great
    time for you and Ben Cardin to come as well.
        Senator Van Hollen. I appreciate that. We will definitely
    follow up with you on that. Thank you, Mr. Administrator. In
    the prior administration we had a challenge getting them to
    budget for important missions related to space, fortunately,
    this scientific subcommittee on a bipartisan basis recognized
    the importance of those missions.
        I am pleased to see that the Biden administration budget,
    your budget includes funding for PACE, for OSAM-1, for Europa
    Clipper, so grateful that that is included already in the
    budget. I mentioned the Wallops Flight Center, and that is a
    center that is critical to our space and Earth Science
    missions, it is a hub for unmanned flight. It is a supplier to
    the International Space Station, and it is home to NASA's
    Balloon Program.
        One item missing from the budget that was submitted by the
    administration is the 21st Century Launch Complex Program. We
    will be working again on a bipartisan basis, I hope, to make
    sure that we fund that important program. I understand that you
    intend to request a $5.4 billion for infrastructure in support
    of upgrading NASA's facilities. I think I may have overheard
    some of the conversation. Is that part of the annual
    appropriations; or you said that is part of the American Jobs
    Plan?
        Mr. Nelson. That is the jobs bill.
        Senator Van Hollen. All right. Well, let me just say
    Goddard and Wallops both have a number of shovel-ready
    projects, including when it comes to Wallops, something called
    the Wallops Island Causeway Bridge, it is the single access
    point to the Wallops Complex, and it is 60 years old and
    overdue for replacement. Could you agree that we will continue
    to work together to make those investments as well as
    investments through the 21st Century Launch Program?
        Mr. Nelson. As a matter of fact, Senator, your bridge is
    number one on the list and, absolutely. Of course the President
    proposes that you dispose, and so this is a partnership, and as
    I had said to the chair, there are more ways to skin a cat than
    one. The jobs bill is an opportunity, not only for
    infrastructure but for R&D as well, which is desperately needed
    if we are going to have the competition for the human lander
    that we have been talking about previously in this hearing.
        Senator Van Hollen. Appreciate that. As you know, and I
    know you agree that we are strongest when we put all of our
    talent on the playing field and that is of course true in the
    area of STEM, and Maryland has a number of terrific HBCUs and
    MSIs that are leaders in this area. Morgan State is among the
    top four colleges in the country, graduating Black engineers.
    It is one of 11 HBCUs that has an R2 Doctoral Research
    University status.
        Bowie State is the first university to receive a satellite
    collaboration with NASA, and University of Maryland, Baltimore
    County, has recently been awarded an extended support by NASA
    for its Center for Research and Exploration in Space Science
    and Technology. Look forward to working with you on that. I
    think, Mr. Administrator, this is a priority of yours in terms
    of making sure that all of these universities are part of the
    NASA's efforts to strengthen STEM. Is that right?
        Mr. Nelson. Yes, sir. The President's budget is very robust
    in STEM. It is a significant increase. By the way, this has a
    relationship to each of your States because the Space Grant
    goes into every State. For example, Minority University
    Research and Education Projects are another way to enable a
    greater opportunity to reach out to minority students.
        I think you just look at: What are we confronting? Okay, go
    back 50 years ago. We were going to the Moon. It was the great
    space race with the Soviet Union. We did this tremendous
    successful feat of landing humans on the Moon and returning.
    What did that do to education, in science, and technology, and
    engineering, and mathematics? For a whole two generations that
    excitement about space flight rippled through those
    generations. We saw the effect of that on our country, the
    economic renaissance that occurred as a result of the increased
    technology that had come out of that more highly STEM-educated
    workforce.
        I believe that is what is going to happen here, as we go
    back to the Moon and on to Mars, I think it is going to excite
    another couple of generations of students. As a result, we, the
    United States, as well as Planet Earth, are going to be the
    beneficiaries.
        Senator Van Hollen. Thank you, Mr. Administrator.
        Senator Shaheen. Thank you.
        Senator Boozman.
        Senator Boozman. Thank you, Madam Chair.
        It is good to see you, very much. I want to publicly thank
    you, Administrator Nelson, for your decision to continue to
    serve the country and in a field that we all know you have a
    great passion for. Your experience as an astronaut and
    legislator makes you an ideal advocate for NASA's priorities. I
    know you will do a great job, I know you will do an excellent
    job, and look forward to supporting you in any way that we can,
    as you lead NASA into the future of space exploration and
    scientific research. Again, congratulations, very, very much.
        The President's budget request includes NASA funding for
    its Office of STEM Engagement, important funding like this
    helps organizations like Arkansas' Space Grant Consortium,
    educate undergraduate and graduate students on aerospace
    science and research. This program also inspires K through 12
    students in STEM-related fields. I know from your time on The
    Hill, you championed funding in STEM education. What is your
    plan for the Office of STEM Engagement? Will you continue to
    support organizations like Arkansas Space Grant Consortium?
        Mr. Nelson. Senator, you said it as good as I can say it.
    Every State gets a space grant, and STEM grants are often
    distributed through universities. There is an emphasis also on
    minority outreach universities as well, as well as the HBCUs.
    There is a robust budget that is proposed in this budget. It is
    $147 million. I might point out that over the past few years
    there were attempts to zero that out, but you all always
    restored the STEM budget, I thank you for that.
        This particular budget has a $20 million plus-up, I hope
    that you all will consider this recommendation and I would like
    to come to your State, and I would like----
        Senator Boozman. We would love to have you.
        Mr. Nelson [continuing]. To visit one of your universities
    and to talk about the STEM grant that goes to that university.
        Senator Boozman. Very good. Thank you very much. The
    International Space Station is responsible for some of the most
    ground-breaking scientific research and technology
    breakthroughs in the last few decades. Currently the U.S. will
    cease operations with the International Space Station in 2024.
    You have pushed to extend that authorization until 2030 so the
    Commercial Space Station could replace it. Can you briefly
    discuss how this plan ensures that NASA will maintain a
    continuous human presence in low-Earth orbit? Also, how will
    NASA work with these commercial partners to continue its great
    scientific research?
        Mr. Nelson. Thank you, Senator. Several years ago when Ted
    Cruz and I were leading the Space Subcommittee of the Commerce
    Committee, we proposed that the date of 2024 be extended to
    2030 for exactly the reasons that you just articulated. That
    passed the Senate last year. It did not pass the House at that
    time. However, the Commerce Committee has just come forth last
    week with a NASA Authorization Bill, it was part of that
    pioneer bill, and it has an extension of the International
    Space Station to 2030.
        Now it might be of interest to you because you have seen
    some commentary in the news about the Russian Space Program
    saying, well, they are not sure that they are going to stay
    around after 2024. Let me remind you that they are just about
    to launch another major component of the space station. If
    those press speculations were true, I don't think we would see
    that, but I bring to you two conversations with Dmitry Rogozin
    as of this morning when I participated in this panel of global
    space organizations that is being held in St. Petersburg,
    Russia, and he was very bullish about cooperation.
        I would just, in passing, point out that no less in Keir
    Simmons' NBC interview of Putin in the last few days, Putin
    actually, President Putin actually talked very favorably about
    the cooperation with U.S. in space.
        Senator Boozman. Very good. Thank you. Thank you, Madam
    Chair. Again, congratulations.
        Senator Shaheen. Thank you, Senator Boozman. We are going
    to keep the Administrator very busy because he is now committed
    to go to New Hampshire, Kansas, Maryland, and Arkansas.
        Mr. Nelson. All 50 States, Madam Chair.
        Senator Shaheen. Good.
        Senator Manchin.
        Senator Manchin. Thank you, Madam Chairwoman.
        Administrator Nelson, so good to have you sitting there,
    and the position you are in, and we are feeling a lot better. I
    can tell you that.
        Every NASA mission relies on a team of scientists and
    engineers to design, manufacture, and verify that these
    spacecraft can indeed reach their intended target. You cannot
    just point a rocket at the sky and light the fuse. You have to
    verify that your trajectory reaches its destination and
    validate through complex calculations that it will work. In the
    1960s those were done by hand, and for our most important
    flights, it was Katherine Johnson, a West Virginia Native that
    did them.
        Today we use software to make those calculations. The
    NASA's Independent Verification and Validation Facility in
    Fairmont, West Virginia, bears her name and proudly carries her
    tradition, by ensuring that this software is safe, reliable,
    and can be trusted to ensure our missions are completed, and
    get home safely. Safety costs money as you know, and the IV&Vs
    budget has been flat for over a decade, flat for over a decade.
        To address gaps in funding in the past few years, NASA has
    required its mission directorates to pay a portion of IV&V's
    funding. That is just a kind of an if-and-and situation. I
    think the most logical solution is to increase the IV&V's
    budget so that NASA's mission, their directorates are not
    forced between their budgets and safety. Everybody is robbing
    Peter to pay Paul. I didn't know if it was on your radar
    screen. If you could look into that, try to be considerate and
    help us on that, sir.
        Mr. Nelson. I will certainly look into that, Senator. If I
    might, tell you a story----
        Senator Manchin. Okay.
        Mr. Nelson [continuing]. About Katherine Johnson; if you
    all happen to see the movie ``Hidden Figures''.
        Senator Manchin. That was the greatest.
        Mr. Nelson. It is an exact true story about how John Glenn,
    the first to climb into that Atlas rocket that had a 20 percent
    chance of failure, and it was the first time that they were
    using a computer on the trajectory. He did not want to rely on
    that. He wanted----
        Senator Manchin. A back up?
        Mr. Nelson [continuing]. A back up of Katherine Johnson to
    make her mathematical calculations by hand, to verify. That
    tradition, that legacy has now extended to what is in your
    State of West Virginia, the independent verification.
        Senator Manchin. Well, if you could help us on that, just
    so they have their independent funding, because they are
    relying on other sources just to survive.
        Mr. Nelson. Let's go visit that together.
        Senator Manchin. Okay. You are not that far. I can take you
    and, you and your lovely bride, and we will go enjoy a nice
    week.
        Mr. Nelson. Are you flying the airplane?
        Senator Manchin. I can if you want me to.
        Mr. Nelson. I had better check.
        Senator Capito. I would be careful about that. I am not
    sure we want that.
        Senator Manchin. In 2018 I was honored to--as you talk
    about Ms. Johnson--in 2018, Administrator, I was honored and
    had the privilege to meet Katherine Johnson and her family
    before her passing during a dedication ceremony for a statue of
    Ms. Johnson at West Virginia State University. It is a
    historically Black university in Charleston, West Virginia.
    That was her alma mater, she went there when she was 14.
        It is my hope that the students who pass by the statue
    every day are going to be reminded of her legacy and inspired
    to keep their passion for knowledge alive. After her passing
    last year, at 101, I led my colleagues in unanimously passing a
    resolution honoring the life and achievements of Katherine
    Johnson. That represents the very best of us breaking down the
    barriers of race, gender, ensuring safety of astronauts on
    countless missions during her decades, which you just
    mentioned, one of the most famous, John Glenn.
        Unfortunately, NASA today is still underrepresented by
    women of color, particularly in its most senior levels. I would
    ask how many Katherine Johnsons have we missed over the years?
    How many young women, people of color and others, from rural
    areas like West Virginia, could we have brought hidden figures
    like Katherine into the limelight?
        I know you are just coming on, and putting your staff
    together, and all of your ideas that you want to accomplish. I
    guess I would ask: What is NASA intending to, or doing to
    continue to encourage diversity, not just in NASA itself, but
    the STEM education of young children and students around the
    country?
        Mr. Nelson. This is very important to the President. It is
    very important to me. When I participated in the Space Shuttle
    Program, we saw the first effort, by the way, by an African-
    American woman to help NASA bring diversity into the Astronaut
    Corps. It was in the Class of '78, first Space Shuttle
    astronaut class. The lady who played Lieutenant Uhura on Star
    Trek, the original Star Trek television series, Nichelle
    Nichols, after she had been an actress, she was approached by
    NASA to go out and recruit minority candidates and women.
        That is reflected in that first astronaut class, where it
    had--the astronauts basically had been test pilots, all White
    males before, and qualified women and qualified minorities did
    not even know that they would have a chance. They would not
    apply. She was successful in doing that. We see the results all
    throughout the Astronaut Corps.
        A lot of this goes back to STEM. You have got to provide in
    all communities, Science, Technology, Engineering, and
    Mathematics education. In your universities, you will have
    Space Grants, Senator, in West Virginia, and they come directly
    out of this program.
        Senator Manchin. We are going to reach out to you with
    that, and where we have WVU, and other universities there that
    have some--a little bit of activity there. I think it can be a
    lot more too. But look forward to working with you. I am so
    glad that you are settled back in, and back on The Hill with
    us. Thank you, sir.
        Mr. Nelson. Thank you.
        Senator Manchin. Thank you, Senator.
        Senator Shaheen. Thank you, Senator Manchin. We will do
    another round at least one more round, maybe two, for those
    people who want to stay. I would like to go back to climate
    science, Mr. Administrator, because as you know NASA is the
    biggest funder of climate science, and the government, but of
    course it is not the only one. NOAA, Energy, EPA, there are
    many other agencies that address the climate crisis. One of the
    challenges is how those agencies all work together to address
    climate, the research and what we can do to respond, can you
    talk to NASA's role in climate science, and how you see NASA
    working with those other agencies?
        Mr. Nelson. Senator, you have put your finger on the fact
    that people do not realize how inextricably entwined NASA is on
    all matters having to do with climate. You initially think of
    it as NOAA, the National Weather Service, which is a part of
    NOAA, the fact is that the spacecraft are designed, they are
    built, they are launched by NASA, and NOAA operates the
    spacecraft, looking for all the subtle changes, differences,
    weather reports, et cetera.
        You would be perhaps surprised to learn that two-thirds of
    NOAA's budget is paid to NASA, two-thirds of its total budget
    because of this uniqueness of us building and launching these
    spacecraft. The assets that are up there on orbit that have so
    helped us refine our weather reports, our predictions of
    disasters, of warning people to get out of the way of storms,
    of telling them about droughts, of telling them about floods,
    that is all there. But we are taking it to another level.
        For over the next 10 years, this was the President's
    announcement about two weeks ago in the press conference that
    occurred at FEMA, at the onslaught of the hurricane season,
    NASA is building five great observatories. Over this decade,
    they are going to be put up, and they all talk to each other,
    and they produce a 3D result by getting very, meticulous data
    from the land, the sea, the ice, and the atmosphere, and all of
    that is correlated to give us a 3D composite of what is
    happening to our atmosphere.
        When I say that word, I suddenly, in my mind's eye, flash
    back to floating in front of that spacecraft window, looking at
    the rim of the Earth and seeing that thin little film, which is
    the atmosphere that sustains all of life. That is what we want
    to know what is happening so that we can take corrective
    action.
        Senator Shaheen. I mentioned the fact that the University
    of New Hampshire is one of the leading research institutions
    with respect to heliophysics, which we know has a real impact
    on our weather patterns and what happens on Earth. Obviously
    continuing to support heliophysics is going to be very
    important as we are looking at climate science.
        Again, how does NASA plan to support future investments in
    space weather, and including that heliophysics and how does
    NASA interact with NOAA? You pointed out the really symbiotic
    relationship between NASA and NOAA, but do they share all that
    information when you talk about getting that picture of what is
    happening on Earth with respect to climate? Is that shared with
    NOAA with all the other agencies that are also doing climate
    research?
        Mr. Nelson. Yes, ma'am, and that is enhanced with a
    special--I don't know what it is called--but in effect a
    committee in the White House that makes sure that all of these
    environmental agencies that have data are sharing it with each
    other so that we know more precisely exactly what is happening
    to the planet.
        That, for example, that we can warn farmers that a drought
    is coming, or that we have got the ability to look down with
    these highly-sensitive instruments from space that can tell
    that farmer that there is a disease in the crop, or to look at
    that forest and say that there is a disease in that forest
    that, otherwise, we earthlings might not have known, but which
    was caught on the instruments in space.
        Yes, ma'am, that coordination is occurring. Our former
    colleague, John Kerry, is more involved in the international
    aspects of looking at that, but there is this attempt to
    coordinate all the agencies that do that. Of course, NASA is a
    main component of it because of what I just mentioned, even
    though people don't realize that. You think of NASA as space.
        Senator Shaheen. Thank you.
        Senator Capito.
        Senator Capito. Thank you, Madam Chair.
        It is good to see you. I am sorry. I missed your
    confirmation hearing. I hope it was not too tough on you there.
    I think you kind of breezed through that one pretty, pretty
    well, but it is nice to see you.
        Mr. Nelson. I was fortunate.
        Senator Capito. I am pleased to see that what was formerly
    the Restore-L which is the OSAM-1, which is the funding level
    for $227 million in the budget request, there is great work
    being done in my home State, in West Virginia, at the West
    Virginia Robotic Technology Center. This is where you are
    working on restoring satellites in space, instead of just
    letting them, you know, drift off. It makes a whole lot of
    sense. I don't know if you can elaborate on that, and how that
    is going and why you feel that is a high priority for NASA?
        Mr. Nelson. Yes, ma'am. When you put up a highly-
    sophisticated instrument, and it has a glitch, or say it starts
    running out of fuel, and here is this multi-million dollar
    spacecraft, we are now developing the technology that you can
    send out, basically, what the Hubble Rescue Mission did with
    astronauts to repair the Hubble defective lens, in this case to
    go robotically to the spacecraft that needs this mechanical
    fix, this additional gas in order to have the fuel that it
    needs to continue its life, or whatever repair is there. That
    is being done.
        The sophistication of spacecraft that can do this at a
    point way up there on orbit and you can rendezvous robotically,
    and fix that spacecraft. And that is what the project is that
    you are speaking about.
        Senator Capito. Right. As I said, some of that work is
    being done in West Virginia, and you read in the paper quite a
    bit, and it seems like more and more, that space debris is
    becoming a problem. I am sure with the OSAM-1, obviously since
    you can repair in space and elongate the life of a satellite,
    or something, obviously could help address some of that issue.
    I just want you to comment on that.
        Mr. Nelson. Yes ma'am. In this budget of the President,
    there is $227 million there for this project.
        Senator Capito. Right. I know Senator Manchin mentioned the
    IV&V Center in our State as well. We are very proud of the
    workforce there. They do a lot of internships with West
    Virginia University and Fairmont State. I think they still have
    capacity there to help across, really, all parts of government
    to do the verification that they do.
        I would just encourage the emphasis that you all at NASA
    put on that facility to increase the footprint, and utilize the
    workforce there. Because I mean, it is not like they are not--
    they have got plenty to do, but they have some more capacity, I
    think, where they could do more. Keep that----
        Mr. Nelson. Yes, ma'am. I said to him that I hope the two
    of you will invite me to come. I would like to go with you. I
    want to see it.
        Senator Capito. Yes.
        Mr. Nelson. Then I told him a story about Katherine
    Johnson.
        Senator Capito. She was an amazing, amazing woman. Which
    brings me to my last thing I wanted to ask you, we had Peggy
    Whitson who was a very famous female--is a very famous female
    astronaut who, interestingly, is going be the pilot for one of
    the private ventures into space. I saw her name listed, and she
    was such an--I took her to classrooms--and such an inspiration
    to our youngest generation of particularly young women, girls.
    That's when she told the story that she became inspired by
    seeing somebody walk on the Moon when she was in second grade;
    that is when she decided she wanted to try to be an astronaut.
        We have also--did a remote with a female astronaut who was
    actually American who was in Russia at the time. I think I told
    you this on the phone. There again, to that next generation of
    dreamers and aspirational young women, is this a big area of
    influence for NASA in terms of trying to diversify the
    workforce in a lot of different ways? I am specifically asking
    about women. I know there is going to be one going to the Moon.
    I am excited about that.
        Mr. Nelson. Absolutely. I go back in my history, I have
    already recounted for the subcommittee that the first real
    breakthrough on astronauts in diversifying was the class of
    1978, the first Space Shuttle group of astronauts. A lot of it
    came from NASA having a contract with a former actress who
    played Lieutenant Uhura on Star Trek.
        Senator Capito. Oh, yes.
        Mr. Nelson. She went out and recruited women and
    minorities. That was quite a diverse class that broke the mould
    of the test pilot who could only be so high, and had to weigh
    so much, in those early space days. Now we have a very diverse
    Astronaut Corps. Same with the employees at NASA, we are being
    very mindful to diversify. This I believe is directed for the
    entire executive branch of government. I take it very, very
    seriously, as I did as Senator. We had--I think we had a
    percentage of more women in my Senate staff than only one other
    Senator. I take this very seriously.
        Senator Capito. Thank you. Thank you for being here with us
    today. Thank you.
        Mr. Nelson. Yes, ma'am.
        Senator Shaheen. Thank you, Senator Capito.
        Senator Moran.
        Senator Moran. Chairwoman, thank you very much.
        Mr. Administrator, two tracks I think they are out there
    when it comes to the Moon. The first is to get to the Moon and
    demonstrate that it can be done safely. Then the second is to
    plan and be prepared for a sustained presence, or reoccurring
    presence, perhaps, on the Moon. I understand NASA is preparing,
    and engaged in a sustainability study. What can you tell me
    about that? Can we expect to be briefed on what that is? Does
    anything that comes from that sustainability study change any
    of the appropriations requests for this fiscal year, the one we
    are talking about?
        Mr. Nelson. At the moment, no. However, everything is on
    hold until the GAO makes their announcement on the competition
    for the first demonstration lander. Shortly thereafter, we will
    produce the sustainability study. In part, that will lay out
    for you what is the realistic cost as we are going forward with
    all of these landers that we are going to be doing on the Moon
    in preparation for the Mars mission. The activity is on the
    Moon as well.
        It will demonstrate, what is it going to take to sustain
    this for us to be serious about going to Mars. Now, presently
    our technology to go to Mars is that it is going to take 10
    months or so to get there under conventional propulsion or even
    nuclear electric propulsion that we are starting to research.
    Once you get there, you are going to have to stay on the
    surface for at least a year, if not 2 years, because of the
    alignment of the planets, so that Mars and Earth get closer so
    that you can get back within that timeframe.
        If we had a breakthrough propulsion technology that we
    could sprint to Mars and get there, as some of the research
    being done, in 39 days, then you could be on the surface for a
    few weeks and then return. That technology has not been
    developed yet. These are the kinds of things: How are we going
    to protect astronauts from getting fried by a solar explosion.
    Earlier, one of the senators had mentioned about--well you,
    Madam Chair--heliosphere, that is this study of the Sun.
        Of course one of the things that we had to be concerned
    about is a nuclear explosion on the Sun, which is a solar
    explosion, and it sends out all of this radiation going all
    over space. If you don't have your astronauts protected then
    you can imagine. As a matter of fact, we just missed it on the
    Moon back in Apollo, a few weeks after we had landed on one of
    the missions there was a solar explosion, and there would have
    been some irradiated astronauts had we been exposed.
        When we are thinking about a long trip to Mars, or when we
    are thinking about having some kind of habitat on the Moon in
    preparation to learn about having a habitat on Mars, then that
    is another technology that we are going to have to create. We
    know lead does it, we know water does it, but those things are
    heavy. We are trying for a breakthrough. This is just another
    example of some of the technologies that we are going to have
    to develop as we venture further out into the cosmos.
        Senator Moran. Senator--Administrator, you highlight or
    point out that the trip to the Moon is certainly more than a
    trip to the Moon. It is related to future space exploration, at
    the moment generally focused on Mars. I mean, I would
    encourage, we want to make sure that our visit to the Moon is
    not just a visit, it is not just a planting a flag, or the
    bragging rights, that it lends itself to more on the Moon, on
    Mars and beyond.
        I assume that takes a balancing act in trying to figure out
    what it is we do today in preparation for tomorrow. And you
    have described that. Is there anything else I should know about
    that, or----?
        Mr. Nelson. The reason we want to use the Moon in
    preparation to go to Mars, is that the Moon is 3 days away, and
    Mars is months and months away. We can use the properties of an
    airless vacuum on the Moon with one-sixth gravity in
    preparation for long-duration space flight and habitation on
    the surface of Mars, one-third gravity.
        It is going to get--it is going to get very technically
    complicated to do that. I look forward to getting educated on
    it, and bring some of those smart people to this subcommittee
    to tell you about what all we are going to have to do. In a
    spacecraft, for example, if it took us 10 months to Mars, and
    suddenly they land and they are in one-third gravity, what is
    that long trip in zero gravity? Can we start some kind of
    cylindrical spacecraft that will rotate with centrifugal force
    that would create an artificial gravity that would make that
    long duration space flight more palatable?
        We are seeing what long-duration space flight does in the
    Space Station. It is one of the reasons for having the Space
    Station right now in low-Earth orbit. See what that does to the
    human body.
        Senator Moran. I appreciate your suggestion of bringing
    those scientists and experts, not intending to speak for the
    chair, but I think we would both be very interested in that
    kind of opportunity. My final, concluding question--my
    concluding question, James Webb Telescope, are we behind--are
    the challenges that have delayed us for so long, seemingly
    behind us?
        Mr. Nelson. I certainly hope so, and I believe so. The most
    recent report that you have heard that there is a delay this is
    very minor, and it has nothing to do with the spacecraft or the
    rocket. It has to do with the preparation of the rocket by the
    Ariane folks, and it is the Ariane rocket, because they have
    only got one vehicle assembly building, and they have got two
    Ariane rocket launchings before the Telescope launching.
        It has only been moved from October 31, two weeks later, to
    the middle of November. That is another Co-Del that you all may
    want to consider going to.
        Senator Moran. What is the launch date?
        Mr. Nelson. This November.
        Senator Moran. November?
        Mr. Nelson. This November. By the way, once that is up
    there, this will just blow your mind. The universe is 13.5
    billion years old. This telescope is going to look back in time
    to the first 150 million years since the big bang and capture
    the light from that time. In other words, it is going to look
    back in time, 13.35 billion years. What it is going to show us
    is: What did it look like? What was the composition at the very
    formation of the first galaxies?
        That is going to be revolutionary what we find out about
    astrophysics and astronomy. You know that we are picking up
    exoplanets already with the Hubble Space Telescope. We are
    seeing conditions around other--Sun, stars, where they have
    planets that revolve about them. It is thought that we are
    discovering other worlds that could be like our own. As we
    explore our own solar system, we are going to Venus, and we are
    going to see why does that have such a thick prohibitive
    atmosphere that heats it up so that it will melt lead on the
    surface.
        It is: Sun, Mercury, Venus, Earth, a habitable planet, then
    Mars an uninhabitable planet that has a very thin atmosphere, 1
    percent of Earth's atmosphere. Why is that like that? Are there
    elements in Venus and Mars that in these billions of years of
    development of what we know as our solar system, that there
    might have been the elements of life there that will give us
    the clues about all of these other solar systems in these other
    galaxies. It is going to be an exciting time. That is what the
    Webb Telescope is going to do for us.
        Senator Moran. Administrator, thank you for your brevity.
    Yes, thank you for your smile. I saw the Perseverance landing
    at the Jet Propulsion Laboratory, and at that point in time
    also visited the Webb, James Webb Telescope just before it was
    folded up and ready to be moved for transport. It is an
    exciting circumstance and a great opportunity for knowledge and
    practicality.
        Chairwoman, thank you. Thank you, Mr. Administrator.
        Senator Shaheen. Well, thank you very much. I have just one
    more area that I would like to pursue. Mr. Administrator, the
    direction of this subcommittee, as I am sure you are aware, the
    GAO, the Government Accountability Office, analyzes the cost
    and schedule performance of major NASA projects, anything more
    than--costs more than $250 million, and they found that for the
    fifth year in a row, both costs and schedule deteriorated.
    While I know that COVID contributed in the last year, the
    decline over those 5 years cannot be attributed to COVID alone.
    Can you tell us what you are doing to improve project
    management, particularly in those high-risk, high-cost
    projects?
        Mr. Nelson. Yes, ma'am. Think back to what I said, space is
    hard, and when you develop very sophisticated things often you
    get delays, and if it is not a fixed-price contract, like we
    made the landing on the Moon with humans, that is fixed price,
    and you often get these cost overruns. I am committed to
    continue to try to improve NASA's acquisition management
    discipline. I think there is a lot still to be done on that.
        Senator Shaheen. Clearly.
        Mr. Nelson. I am going to try. GAO has recognized that NASA
    has made significant progress in their latest 2021 iteration of
    their high risk--in their high-risk report, and specifically
    NASA was credited for improvement in two of five criteria
    areas; leadership commitment, and monitoring, that GAO
    considers as they determine NASA's future standing on their
    high-risk report. But, you know, more has to be done.
        Senator Shaheen. Thank you. I appreciate your commitment to
    addressing this. I guess my final question is: Do you think
    that 2024 is a realistic date for a return to the Moon?
        Mr. Nelson. It is our goal. Space is hard, as I just said.
    When you are pressing the edge of the envelope often you get
    delays and you get technical things that happen that you did
    not anticipate. The goal is still 2024.
        Senator Shaheen. I will take that as a maybe.
        Mr. Nelson. Yes, ma'am.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. Well, thank you very much for your
    testimony this afternoon. If there are no further questions,
    senators have until June 22 to submit additional questions for
    the record, and we expect and request that NASA would respond
    to those questions within 30 days.
        [The following questions were not asked at the hearing, but
    were submitted to the National Aeronautics and Space
    Administration for response subsequent to the hearing:]
                    Questions Submitted to Hon. Bill Nelson
                Questions Submitted by Senator Joe Manchin, III
       a review of the fiscal year 2022 budget request for the national
                      aeronautics and space administration
        Question 1. Located just down the road from the Katherine Johnson
    IV&V Facility, the West Virginia Robotics Technology Center (WVRTC) has
    been the lead academic partner for NASA's Restore-L satellite servicing
    mission since 2009.
        Two years ago, NASA made the decision to combine the Restore-L
    satellite servicing mission with the Space Infrastructure Dexterous
    Robot (SPIDER), which will demonstrate manufacturing and assembly of a
    communications antenna in space. Both of these programs will be
    launched onboard the On-Orbit Servicing, Assembly, and Manufacturing 1
    (OSAM-1) spacecraft.
        I applaud NASA and its industry partners like Maxar for thinking
    outside the box to achieve cost-savings and ensure these critical
    programs move forward.

        A. Can you tell me how that program is progressing?

              Answer. In fiscal year 2021, OSAM-1 continued the development
            of the spacecraft bus and completed the spacecraft propulsion
            module integration. Seven subsystem critical design reviews
            were successfully conducted. The SPIDER payload held its
            Critical Design Review in February 2021 and initiated payload
            and integration activities. The project also completed
            construction of the Mission Operations Center at Goddard Space
            Flight Center (GSFC). Psionic LLC was awarded a non-exclusive,
            commercial license for the OSAM-1 Kodiak Lidar to enhance their
            capabilities for precision navigation.
              OSAM-1 successfully completed an integrated flight
            demonstration mission Critical Design Review in February 2022
            and the Servicing Payload integration will commence. The
            spacecraft mechanical and electrical integration is in progress
            and the spacecraft bus and the SPIDER pallet will be integrated
            in fiscal year 2022. OSAM-1 will continue to leverage
            Technology Transfer mechanisms and pursue partnerships with
            interested U.S. companies through Space Act Agreements to
            transfer knowledge and capabilities to industry.

        B. Is the current budget of $227 million sufficient to keep the
    launch on track?

              Answer. The $227 million requested in NASA's budget is
            sufficient for fiscal year 2022. Due to COVID-19, the project
            has been experiencing cost, technical and schedule issues,
            forcing the project to replan. The project recently completed
            its replan efforts to incorporate COVID-19 impacts. A breach
            notification was sent to Congress on February 14, 2022.

        Question 2. Programs like NASA's Established Program to Stimulate
    Competitive Research, known as EPSCoR, are critically important for
    building research capacity in my state. EPSCoR in particular is aimed
    at increasing research capacity in States that have traditionally
    received lower amounts of research funding from the Federal Government.
    As someone from an EPSCoR State, you understand the value of this
    program in ensuring that States like West Virginia get continued
    research infrastructure funding so that they can make meaningful
    contributions to NASA moving forward.
        In West Virginia, NASA funding allowed students and researchers to
    continue with various research projects in the areas of advanced
    materials and robotics.

        A. Do you believe that sustained funding for programs like NASA
    EPSCoR will be sufficient for the growing demands for STEM?

              Answer. EPSCoR is one of many government-funded programs that
            are supporting STEM. Specific to West Virginia, the state
            continues to be a recipient of EPSCoR funds. The WV EPSCoR site
            is located at West Virginia University. OSTEM/EPSCoR currently
            has an investment of $4,949,997 in active research awards in
            West Virginia. This year (fiscal year 2022) West Virginia has
            participated in the Research Infrastructure Development (RID)
            solicitation resulting in a $1,000,000 award with a 5-year
            period of performance, and thus far they submitted two
            proposals to the Rapid Response Research solicitation
            (currently in review).

        Question 3. West Virginia isn't just helping validate the software
    and design the robotics for our space programs, West Virginia
    manufacturers are also key suppliers for the Artemis program's return
    to the Moon.
        For example, the Constellium plant in Ravenswood, West Virginia
    provides the aluminum plating and material for Boeing's Space Launch
    System (SLS), ULA's Vulcan Centaur, Blue Origin's New Glenn, and the
    Space X Falcon vehicles. They are working with Lockheed on the Orion
    vehicle and the Artemis Gateway Habitat. I couldn't be more proud that
    aluminum manufactured in West Virginia and made by West Virginians will
    form the very basis of the spacecraft that will take Americans to the
    moon and beyond.

              Answer. Motion Industries, Inc., of Huntington, West
            Virginia, supplies fasteners to Boeing for the Space Launch
            System rocket.
              Constellium is still an Artemis provider, supporting NASA's
            Space Launch System rocket and Orion spacecraft, the vehicles
            that will ultimately send humans farther into deep space than
            ever before. Both programs use Constellium's innovative
            aluminum-lithium alloy solution, Airware. Constellium has the
            unique capability to produce very wide and thick plates for
            space modules. Airware's inherent low density, high-specific
            stiffness, strength and excellent mechanical properties provide
            the high-performance characteristics required especially during
            the demanding launch and landing phases.
                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question 1. The James Webb Space Telescope will build on Hubble's
    discoveries, allowing us to see back in time 13.5 billion years to
    explore the creation of galaxies and stars. NASA Goddard has led the
    work on this mission, and the Space Telescope Science Institute will
    lead mission operations after its launch. It has also has served as an
    example of international collaboration, with NASA working with the
    European Space Agency and the Canadian Space Agency.
        With the recent concerns regarding Ariane 5 that may impact the
    launch date of Webb, how is NASA working with the European Space Agency
    to ensure an on-schedule and successful launch?

              Answer. NASA worked closely with partners at the European
            Space Agency and Arianespace to ensure a successful launch of
            the James Webb Space Telescope on December 25, 2021. Webb is
            currently undergoing commissioning at its final location in
            space and is expected to produce the first scientific images in
            summer of 2022.

        Question 2. The Roman Telescope is expected to revolutionize our
    understanding of deep space with unprecedented detail and will
    dramatically increase the speed in which scientists have access to data
    on some of our universe's greatest mysteries. In 2010, the Roman
    Telescope was the top priority for the next decade of astronomy by the
    National Research Council Decadal Survey committee on Astronomy and
    Astrophysics.
        Does the Roman Telescope remain an important priority for NASA?

              Answer. Roman remains a top priority for NASA's Science
            Mission Directorate, and its fiscal year 22 funding by Congress
            will allow the project to keep making progress toward a May
            2027 launch readiness date.

        Question 3. In 2017, PFAS were detected in Wallops Flight Facility
    and the Town of Chincoteague drinking water wells, and I have voiced my
    concerns to the previous administration over this issue. I understand
    NASA is conducting groundwater testing and had been installing a
    groundwater treatment system for the Town of Chincoteague.
        What is NASA doing to continue monitoring the environmental safety
    of WFF and the surrounding communities?

              Answer. NASA continues to conduct groundwater testing of the
            Wallops Flight Facility (WFF) and the Town of Chincoteague's
            drinking water and its supply wells. NASA's WFF stopped using
            two drinking water supply wells on the WFF Main Base when PFAS
            were detected below the Environmental Protection Agency's
            Lifetime Health Advisory levels in 2017 and 2019. In February
            2022, NASA installed a new replacement well and began
            construction to connect the new well to the WFF Main Base
            drinking water system. As of February 28, 2022, the groundwater
            treatment system for the Town has treated over 34 million
            gallons of water, and ongoing testing continues to show the
            system is effectively removing PFAS to below detection levels.

        Question 4. I believe it is important that the Planetary Science
    program protect the timelines and funding for Discovery and New
    Frontiers. These programs provide taxpayers and scientists with
    missions that address key questions about our solar system, using fewer
    resources and shorter development time. Mission proposals are led by
    scientists, can include contributions from industry, universities, and
    government labs, and are assessed for selection through a competitive,
    peer review process. In 2019, the Applied Physics Laboratory's
    Dragonfly, which will explore Saturn's moon Titan, was selected as the
    New Frontiers program's fourth mission. Earlier this month, NASA
    announced its 2019 Discovery program competition selections--Goddard's
    DAVINCI+ and the Jet Propulsion Laboratory's VERITAS--to go to Venus.
        Can you commit to protect the selection process and timelines so
    that New Frontiers maintains two selections per decade, as the
    Planetary Science Decadal Survey recommends, and Discovery makes a new
    announcement of opportunity approximately every 2 years, the
    expectation when both programs were created by Congress more than two
    decades ago?

              Answer. NASA strongly concurs with the importance of the New
            Frontiers and Discovery cadence recommended by the Planetary
            Science Decadal Survey, but also needs to take into account the
            ability of the Planetary Science budget to support any selected
            missions from a new Announcement of Opportunity (AO) and
            funding needs from missions already in development such as the
            Dragonfly mission. NASA has proceeded cautiously given COVID-19
            impacts and continued to support previously selected missions.
              NASA's Discovery 2019 AO in planetary science remained on
            schedule, despite COVID-19, leading to the selection of DAVINCI
            and VERITAS in June 2021. NASA had to announce last year,
            however, that the final New Frontiers-5 (NF5) AO would need to
            be delayed by approximately 2 years and move to fall 2024.
              NASA is pleased to announce that the fiscal year 2023
            President's budget request would advance the final NF5 AO
            release date forward to no earlier than 2023. The next
            Discovery AO would follow this NF5 call. This timing would
            allow the agency to respond to recommendations in the new
            Planetary Science and Astrobiology Decadal Survey for 2023-2032
            and identify priorities for these opportunities.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. The subcommittee now stands in recess
    until Wednesday, June 23, when we will hold a hearing on the
    budget request of the Federal Bureau of Investigation. Thank
    you.
        [Whereupon, at 3:32 p.m., Tuesday, June 15, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

                                  ----------

                            WEDNESDAY, JUNE 23, 2021

                                           U.S. Senate,
               Subcommittee of the Committee on Appropriations,
                                                        Washington, DC.

        The subcommittee met at 2:06 p.m., in room 192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chairman)
    presiding.
        Present: Senators Shaheen, Leahy, Feinstein, Reed, Coons,
    Moran, Graham, Boozman, Capito, Kennedy, Hagerty, and Braun.

                        FEDERAL BUREAU OF INVESTIGATION

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. Good afternoon. I apologize again for
    being late. I am delighted to open this Commerce, Justice and
    Science Appropriations subcommittee hearing with FBI Director
    Christopher Wray. We are very pleased to have you here and look
    forward to our conversation. I will just point out before we go
    into the hearing that we are going to take Members and anybody
    who arrives after the gavel in order of arrival and that
    everyone is appearing in person, we are not having anybody
    appear remotely. So thank you all very much for joining us this
    afternoon and we will begin.
        Director Wray, the FBI continues to be the gold standard
    for law enforcement agencies worldwide. We count on the more
    than 35,000 men and women of the FBI to protect our country
    from violent criminals, terrorists, and foreign agents who mean
    us great harm. I want to thank them, and of course you as their
    leader for their dedication and service to the Nation, and in
    particular for their response to the attack on the Capitol on
    January 6 and their ongoing investigations into this
    insurrection attempt.
        The work of the FBI as we will hear today is vast, but it
    is critical. It covers key investigations into
    counterterrorism, intelligence, child exploitation, and
    financial and health care fraud, as well as the operation of
    the National Instant Criminal Background Check System, the
    system that checks available records to ensure people
    purchasing firearms can legally own them. This year's budget is
    a request of $10.3 billion, and it reflects the need to support
    the important missions of the FBI. For the FBI salaries and
    expenses, this request is an increase of $465 million above
    fiscal year 2021 enacted.
        And I would just--it struck me as I was going through the
    briefing on the budget that your request calls for hiring over
    150 new personnel. And I am going to be interested in hearing
    if you have any concerns about actually finding people, given
    some of the other challenges that I know we are having with
    workforce in other parts of the country. But, of course, the
    FBI faces newer challenges almost daily. We all saw one of
    those challenges, ransomware, front and center in the news last
    month as the Colonial Pipeline shutdown. That was followed by
    an attack on the systems of meat processor, JBS. Now,
    thankfully, both companies were able to get their systems back
    online and the FBI even helped to track down and return nearly
    half of the ransom Colonial Pipeline pay. So congratulations to
    you and all the agents who are involved in that effort, of
    course.
        Unfortunately, not everyone has success with unlocking
    their IT systems. And it is not just large companies that are
    being targeted by hackers. It is also smaller hospital and
    education systems, small businesses, and even police
    departments as we saw recently with the Metro D.C. Police
    Department. The New Hampshire Insurance Department has just
    issued a warning to insurers on June 11 of possible ransomware
    attacks with a few best practices to protect IT infrastructure
    and data. So I am interested in hearing your thoughts on this
    problem, how the FBI can help, and how we can try to get better
    reporting on these kinds of crimes.
        I have also been deeply concerned, as I know the other
    Members of this subcommittee are, by the reported directed
    energy attacks in Cuba, China, and other locations on our
    Government personnel. These attacks have left American public
    servants and their families suffering alone for years with
    mysterious brain injuries, without full transparency or
    guarantee of treatment. Fortunately, we are seeing improvement
    in that area. And I was pleased that the Senate passed the
    Havana Act on June 7.
        I hope the House also quickly acts to pass in. This bill
    would allow the CIA Director, the Secretary of State, and
    leadership at other Federal agencies to provide injured
    employees with additional financial support for brain injuries.
    I will have some questions for you today on the FBI's ongoing
    investigation into these attacks and how you are working with
    other agencies within the Government.
        So I look forward to your testimony today, Director Wray,
    as I know we all do, and to our discussion. With that, I would
    like to now turn to subcommittee Ranking Member Senator Moran
    for his remarks.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chair Shaheen, thank you for convening this
    hearing. And Senator Shaheen convened a classified hearing with
    the Director in March of this year. However Director, this is
    the first hearing with you in the CJS subcommittee since May of
    2019, so welcome back. Before turning to the FBI budget, the
    FBI's budget request for this fiscal year, I want to express my
    condolences at the loss of agents Laura Schwartzenberger and
    Daniel Alfin in February of this year. Shortly after their
    deaths just a few days, I met with special agents and staff of
    the FBI Miami's field office, and it was apparent to me that
    both of those individuals were highly regarded. They were
    considered friends and family.
        And so I expressed my deepest sympathies to the entire FBI
    bureau family. Laura and Daniel are heroes, and our country
    should always remember them as such. In regard to the budget
    that is before us Director, the FBI is requesting $10.2 billion
    for salaries and expenses in fiscal year 2022. This amount is
    $465 million, or about 4.8 percent above the fiscal year 2021
    that was enacted. However, more than two thirds of that amount
    is for inflationary costs. Perhaps I am making a statement that
    you want known. It includes employee benefits and rental space.
        The FBI is only requesting $151 million in programing
    increases. These are for initiatives that will actually bolster
    the FBI's capacity to execute its mission. And while employees
    and staff and space are important, there are a lot of
    initiatives that I think the FBI needs to be fully engaged in.
    In the news, we--the FBI's efforts to protect the United States
    from terrorist attacks, from counterintelligence threats, from
    Governments like China, to neutralize threats from cyber
    criminals, ransomware gangs, they are apparent. However, the
    FBI budget also supports critical law enforcement, public
    safety matters, including $492 million to combat international
    drug cartels and violent gangs, $62 million to investigate and
    prevent human trafficking, and $223 million to address crimes
    against children.
        Kansans, like most Americans, are deeply committed to
    public safety and strongly support law enforcement. This
    hearing is an opportunity for you, Director, for the Bureau, to
    explain how it is putting taxpayer dollars to good use, to
    benefit the good use to benefit the safety of our public.
        And I look forward to working with you, and Senator
    Shaheen, and Members of this subcommittee, the subcommittee, as
    we work to craft the fiscal year 2022 appropriations bill for
    the Federal Bureau of Investigation. Thank you. Thank you,
    Senator Shaheen. Thank you, Director.
        Senator Shaheen. Thank you, Senator Moran. Director Wray.
    STATEMENT OF HON. CHRISTOPHER WRAY, DIRECTOR, FEDERAL
                BUREAU OF INVESTIGATION
        Director Wray. Well, good afternoon, Chairwoman Shaheen,
    Ranking Member Moran, Members of the subcommittee. I want to
    first thank you all for the support that you have provided to
    the FBI in the past and for inviting me here today to talk
    about the Bureau's fiscal year 2022 budget request. In many
    ways, the men and women of the bureau are busier today than we
    have ever been. In fact, I will tell you that hardly a day goes
    by when I am not struck by some inspiring demonstration of
    courage and sacrifice on the part of our workforce for the
    American people. You know, the depth and the breadth of their
    impact on a remarkable volume of threats is just extraordinary.
        I mean, just within the past couple of years, we have
    thwarted potential terrorist attacks in places like Las Vegas,
    Tampa, New York, Cleveland, Kansas City, Miami, and elsewhere.
    In a single month recently, we arrested over 600 violent gang
    members. That is 1 month. Every 10 to 12 hours, we are opening
    a new China counterintelligence investigation. You all both
    mentioned ransomware. We are now investigating over 100
    different types of ransomware, and each of those types has
    scores and scores of victims. We have opened hundreds and
    hundreds of COVID fraud investigations.
        We performed a record high last year, 40 million NICS
    firearms background checks. Every single day, every single day,
    we receive thousands of tips to our national threat operations
    center, our NTOC, many of which involve imminent threats to
    life that require swift action by our field offices and our
    partners. And many of those threats involve harm to children.
    And just over the last year or so, our folks arrested over
    1,400 of the worst child predators, saving hundreds of kids
    from sexual exploitation. And the list goes on and on. Now,
    keep in mind, this work happened right in the teeth of the
    global pandemic because, of course, the FBI kept coming to work
    every single day. And it is also happening despite the
    troubling upsurge in attacks against law enforcement officers
    throughout the country.
        So far this year, the number of officers murdered on the
    job is far surpassing last year's pace, and it is about two
    officers murdered per week. Tragically, that includes the loss
    of two members of the FBI family, as Senator Moran mentioned,
    special agents Laura Schwartzenberger and Daniel Alfin, both
    shot and killed down near Miami in February. And we honor Dan
    and Laura's memory every day through our work, work which has
    unfortunately not gotten any easier given the diverse array of
    threats we face as a country.
        And that is why I appreciated having a candid conversation
    with all of you during the classified roundtable back in March.
    And I wish that I could tell you that we have got all the
    resources we need to carry out our mission to protect the
    American people and uphold the Constitution. But the funds that
    we are requesting will go a long way towards doing just that.
    And before we turn to your questions, I do want to spend a few
    minutes talking about some of the enhancements that we are
    requesting. So first, terrorism, terrorism remains the FBI's
    top priority, as you know.
        With our partners, the FBI has already made over 500
    arrests in connection with the Capitol attack to date, which is
    an extraordinary undertaking, and there is more work and more
    charges sure to come. Unfortunately, January 6 was not an
    isolated event. Domestic terrorism has been and continues to be
    a top concern for the FBI. So much so, so much so that over the
    past 3 years, we doubled our domestic terrorism investigations
    and arrests. And that is in no small part because of the rise
    in racially and ethnically motivated violent extremists, which
    I elevated to our highest threat priority level back in 2019.
        And because of the rise in violence from a whole range of
    anti-Government, anti-authority actors over the past year,
    including last summer and in different ways, of course, on
    January 6 itself. I have repeatedly highlighted the severity of
    the threat more than a dozen times in testimony since starting
    in this job, and it is why we are requesting a $45 million
    enhancement for additional personnel and tools to investigate
    the domestic terrorism threat and more easily share information
    with our partners.
        Second, cyber, cyber is another of our top priorities, and
    it is easy to see why with intrusions like the Colonial
    Pipeline, and Solar Winds hacks, and the Hafnium compromise of
    Microsoft Exchange servers becoming all too common. While
    dealing with those, we are also contending with hundreds of
    other cyber threats from Nation, state, and criminal actors
    alike. And our $40 million enhancement request is an important
    step towards ensuring that we have got the right people and
    tools in place to address the evolving threats by some very
    sophisticated cyber adversaries. We are also asking for an
    enhancement of a little over $15 million to improve our own
    cyber security. Those funds will help us secure our
    infrastructure and limit vulnerabilities that threaten the
    FBI's mission.
        And we are requesting funding to address our dramatically
    expanded jurisdiction over crimes committed on Tribal land
    following the Supreme Court's McGirt decision. That $25.5
    million enhancement will fund our increased operational needs
    in the State of Oklahoma while Federal, State, and Tribal
    authorities work on a more long term solution. Of course, these
    things that I just listed off are far from our only challenges.
        On top of all these things, we also face an unrelenting
    counterintelligence threat from China, Russia, Iran, and North
    Korea, and the full spectrum of criminal threats from hate
    crimes and other civil rights abuses to violent crime spikes in
    a whole bunch of cities across this country, to human
    trafficking and crimes against children, just to name a few.
        The funding you provide will help us address all these
    areas. So thank you again for making sure the FBI has the
    resources we need to stay ahead of our adversaries and keep the
    American people safe. I look forward to your questions.

        [The statement follows:]
                 Prepared Statement of Hon. Christopher A. Wray
        Good morning, Chairwoman Shaheen, Ranking Member Moran, and Members
    of the subcommittee. I am honored to be here, representing the men and
    women of the FBI. Our people--nearly 37,000 of them--are the heart of
    the Bureau. I am proud of their service and their commitment to our
    mission. Every day, they tackle their jobs with perseverance,
    professionalism, and integrity--sometimes at the greatest of costs.
        Earlier this year, two of our agents made the ultimate sacrifice in
    the line of duty. Special Agents Dan Alfin and Laura Schwartzenberger
    left home to carry out the mission they signed up for--to keep the
    American people safe. They were executing a Federal court-ordered
    search warrant in a violent crimes against children investigation in
    Sunrise, Florida, when they were shot and killed. Three other agents
    were also wounded that day. We'll be forever grateful for their
    commitment and their dedication--for their last full measure of
    devotion to the people they served and defended. We will always honor
    their sacrifice.
        Despite the many challenges our FBI workforce has faced, I am
    immensely proud of their dedication to protecting the American people
    and upholding the Constitution. Our country has faced unimaginable
    challenges this past year. Yet, through it all, whether it was coming
    to the aid of our partners during the Capitol siege and committing all
    of our resources to ensuring that those involved in that brutal assault
    on our Democracy are brought to justice, the proliferation of terrorist
    violence moving at the speed of social media, abhorrent hate crimes,
    COVID-19 related fraud and misinformation, the increasing threat of
    cyber intrusions and state-sponsored economic espionage, malign foreign
    influence and interference, the scourge of opioid trafficking and
    abuse, or human trafficking and crimes against children, the women and
    men of the FBI have unwaveringly stood at the ready and taken it upon
    themselves to tackle any and all challenges thrown their way.
        Today, I appear before you on behalf of the men and women who
    tackle these threats and challenges every day. I am extremely proud of
    their service and commitment to the FBI's mission and to ensuring the
    safety and security of communities throughout our Nation. On their
    behalf, I would like to express my appreciation for the support you
    have given them in the past, ask for your continued support in the
    future, and pledge to be the best possible stewards of the resources
    you provide. I would like to begin by providing a brief overview of the
    FBI's fiscal year 2022 budget request, and then follow with a short
    discussion of key threats and challenges that we face, both as a Nation
    and as an organization.
                        fiscal year 2022 budget overview
        The fiscal year 2022 budget request proposes a total of $10.28
    billion in direct budget authority to carry out the FBI's national
    security, criminal law enforcement, and criminal justice services
    missions. The request includes a total of $10.21 billion for Salaries
    and Expenses, which will support 36,149 positions (13,414 Special
    Agents, 3,216 Intelligence Analysts, and 19,519 professional staff),
    and $61.9 million for Construction. The request includes six program
    enhancements totaling $160.73 million. These enhancements are proposed
    to meet critical requirements and close gaps in operational
    capabilities, including: $45.0 million for additional personnel and
    tools to investigate the threat posed by Domestic Violent Extremists
    (``DVEs''), receive and process tips from the public, and perform
    watchlisting and screening activities; $40.0 million to enhance cyber
    investigative capabilities; $18.8 million to mitigate threats from
    foreign intelligence services; $25.5 million to support the expansion
    of Federal jurisdiction for crimes committed on Tribal lands in
    response to the McGirt Supreme Court case; $6.2 million to support
    infrastructure needs related to Federal Task Force Officer (``TFO'')
    use of Body Worn Cameras; $15.23 million to enhance the FBI's
    cybersecurity posture and protect internal networks; and $10.0 million
    to maintain facilities on the FBI's Quantico campus.
                           key threats and challenges
        This Committee has provided critical resources for the FBI to
    become what it is today--a threat-focused, intelligence-driven
    organization. Our Nation continues to face a multitude of serious and
    evolving threats ranging from homegrown violent extremists to hostile
    foreign intelligence services and operatives; from sophisticated cyber-
    based attacks to Internet-facilitated sexual exploitation of children;
    from violent gangs and criminal organizations to public corruption and
    corporate fraud. Keeping pace with these threats is a significant
    challenge for the FBI. As an organization, we must be able to stay
    current with constantly evolving technologies. Our adversaries--
    terrorists, foreign intelligence services, and criminals--take
    advantage of modern technology, including the Internet and social
    media, to facilitate illegal activities, recruit followers, encourage
    terrorist attacks and other illicit actions, and to disperse
    information on building improvised explosive devices and other means to
    attack the U.S. The breadth of these threats and challenges are as
    complex as any time in our history. And the consequences of not
    responding to and countering threats and challenges have never been
    greater.
        The support of this Committee in helping the FBI do its part in
    facing and thwarting these threats and challenges is greatly
    appreciated. That support is allowing us to establish strong
    capabilities and capacities for assessing threats, sharing
    intelligence, leveraging key technologies, and--in some respects, most
    importantly--hiring some of the best to serve as Special Agents,
    Intelligence Analysts, and professional staff. We have built and are
    continuously enhancing a workforce that possesses the skills and
    knowledge to deal with the complex threats and challenges we face
    today--and tomorrow. We are building a leadership cadre that views
    change and transformation as a positive tool for keeping the FBI
    focused on the key threats facing our Nation.
        Today's FBI is a national security and law enforcement organization
    that uses, collects, and shares intelligence in everything we do. Each
    FBI employee understands that, to defeat the key threats facing our
    Nation, we must constantly strive to be more efficient and more
    effective. Just as our adversaries continue to evolve, so, too, must
    the FBI. We live in a time of acute and persistent terrorist and
    criminal threats to our national security, our economy, and indeed our
    communities. These diverse threats underscore the complexity and
    breadth of the FBI's mission: to protect the American people and uphold
    the Constitution of the United States.
                               national security
    Capitol Violence
        First and foremost, I want to assure you, your staff, and the
    American people that the FBI has deployed our full investigative
    resources and is working closely with our Federal, State, local,
    Tribal, and territorial partners to aggressively pursue those involved
    in criminal activity during the events of January 6, 2021. We are
    working closely with our Federal, State, and local law enforcement
    partners, as well as private sector partners, to identify those
    responsible for the violence and destruction of property at the U.S.
    Capitol building who showed blatant and appalling disregard for our
    institutions of government and the orderly administration of the
    democratic process.
        FBI Special Agents, Intelligence Analysts, and professional staff
    have been hard at work gathering evidence, sharing intelligence, and
    working with Federal prosecutors to bring charges against the
    individuals involved. As we have said consistently, we do not and will
    not tolerate violent extremists who use the guise of First Amendment-
    protected activity to engage in violent criminal activity. Thus far,
    the FBI has arrested hundreds of individuals with regards to rioting,
    assault on a Federal officer, property crimes violations, and
    conspiracy charges, and the work continues.
        Overall, the FBI assesses that the January 6th siege of the Capitol
    Complex demonstrates a willingness by some to use violence against the
    government in furtherance of their political and social goals. This
    ideologically motivated violence underscores the symbolic nature of the
    National Capital Region and the willingness of some Domestic Violent
    Extremists to travel to events in this area and violently engage law
    enforcement and their perceived adversaries. The American people should
    rest assured that we will continue to work to hold accountable those
    individuals who participated in the violent breach of the Capitol on
    January 6, and any others who attempt to use violence to intimidate,
    coerce, or influence the American people or affect the conduct of our
    government.
    Top Terrorism Threats
        As has been stated multiple times in the past, preventing terrorist
    attacks, from any place, by any actor, remains the FBI's top priority.
    The nature of the threat posed by terrorism--both international
    terrorism (``IT'') and domestic terrorism (``DT'')--continues to
    evolve.
        The greatest terrorism threat to our Homeland is posed by lone
    actors or small cells who typically radicalize online and look to
    attack soft targets with easily accessible weapons. We see these
    threats manifested within both Domestic Violent Extremists (``DVEs'')
    and Homegrown Violent Extremists (``HVEs''), two distinct threats, both
    of which are located primarily in the United States and typically
    radicalize and mobilize to violence on their own. Individuals who
    commit violent criminal acts in furtherance of social or political
    goals stemming from domestic influences--some of which include racial
    or ethnic bias, or anti-government or anti-authority sentiments--are
    described as DVEs, whereas HVEs are individuals who are inspired
    primarily by global jihad but are not receiving individualized
    direction from Foreign Terrorist Organizations (``FTOs'').
        Domestic and Homegrown Violent Extremists are often motivated and
    inspired by a mix of socio-political, ideological, and personal
    grievances against their targets, and more recently have focused on
    accessible targets to include civilians, law enforcement and the
    military, symbols or members of the U.S. Government, houses of worship,
    retail locations, and mass public gatherings. Selecting these types of
    soft targets, in addition to the insular nature of their radicalization
    and mobilization to violence and limited discussions with others
    regarding their plans, increases the challenge faced by law enforcement
    to detect and disrupt the activities of lone actors before they occur.
        The top threat we face from DVEs continues to be from those we
    categorize as Racially or Ethnically Motivated Violent Extremists
    (``RMVEs''), largely those who advocate for the superiority of the
    white race, who were the primary source of lethal attacks perpetrated
    by DVEs in 2018 and 2019. It is important to note that we have also
    recently seen an increase in fatal DVE attacks perpetrated by Anti-
    Government or Anti-Authority Violent Extremists, specifically Militia
    Violent Extremists and Anarchist Violent Extremists. Anti-Government or
    Anti-Authority Violent Extremists were responsible for three of the
    four lethal DVE attacks in 2020. Also, in 2020, we saw the first lethal
    attack committed by an Anarchist Violent Extremist in over 20 years.
        Consistent with our mission, the FBI does not investigate First
    Amendment-protected speech or association, peaceful protests, or
    political activity. The FBI holds sacred the rights of individuals to
    peacefully exercise their First Amendment freedoms. Non-violent
    protests are signs of a healthy democracy, not an ailing one.
    Regardless of their specific ideology, the FBI will aggressively pursue
    those who seek to hijack legitimate First Amendment-protected activity
    by engaging in violent criminal activity such as the destruction of
    property and violent assaults on law enforcement officers that we
    witnessed on January 6th and during protests throughout the U.S. during
    the summer of 2020 and beyond. In other words, we will actively pursue
    the opening of FBI investigations when an individual uses--or threatens
    the use of--force, violence, or coercion, in violation of Federal law
    and in the furtherance of social or political goals.
        The FBI assesses HVEs are the greatest, most immediate IT threat to
    the Homeland. As I have described, HVEs are located in and radicalized
    primarily in the United States, who are not receiving individualized
    direction from global jihad-inspired FTOs but are inspired largely by
    the Islamic State of Iraq and ash-Sham (``ISIS'') and al-Qa'ida to
    commit violence. An HVE's lack of a direct connection with an FTO,
    ability to rapidly mobilize without detection, and use of encrypted
    communications pose significant challenges to our ability to
    proactively identify and disrupt them.
        The FBI remains concerned that FTOs, such as ISIS and al-Qa'ida,
    intend to carry out or inspire large-scale attacks in the United
    States. Despite its loss of physical territory in Iraq and Syria, ISIS
    remains relentless in its campaign of violence against the United
    States and our partners--both here at home and overseas. To this day,
    ISIS continues to aggressively promote its hate-fueled rhetoric and
    attract like-minded violent extremists with a willingness to conduct
    attacks against the United States and our interests abroad. ISIS'
    successful use of social media and messaging applications to attract
    individuals seeking a sense of belonging is of continued concern to us.
    Like other foreign terrorist groups, ISIS advocates for lone offender
    attacks in the United States and Western countries via videos and other
    English language propaganda that have at times specifically advocated
    for attacks against civilians, the military, law enforcement and
    intelligence community personnel.
        Al-Qa'ida maintains its desire to both conduct and inspire large-
    scale, spectacular attacks. Because continued pressure has degraded
    some of the group's senior leadership, in the near term, we assess al-
    Qa'ida is more likely to continue to focus on cultivating its
    international affiliates and supporting small-scale, readily achievable
    attacks in regions such as East and West Africa. Over the past year,
    propaganda from al-Qa'ida leaders continued to seek to inspire
    individuals to conduct their own attacks in the United States and other
    Western nations.
        Iran and its global proxies and partners, including Iraqi Shia
    militant groups, continue to attack and plot against the United States
    and our allies throughout the Middle East in response to U.S. pressure.
    Iran's Islamic Revolutionary Guard Corps-Qods Force (``IRGC-QF'')
    continues to provide support to militant resistance groups and
    terrorist organizations. Iran also continues to support Lebanese
    Hizballah and other terrorist groups. Lebanese Hizballah has sent
    operatives to build terrorist infrastructures worldwide. The arrests of
    individuals in the United States allegedly linked to Lebanese
    Hizballah's main overseas terrorist arm, and their intelligence
    collection and procurement efforts, demonstrate Lebanese Hizballah's
    interest in long-term contingency planning activities here in the
    Homeland. Lebanese Hizballah Secretary-General Hasan Nasrallah also has
    threatened retaliation for the death of IRGC-QF Commander Qassem
    Soleimani.
        As an organization, we continually adapt and rely heavily on the
    strength of our Federal, State, local, Tribal, territorial, and
    international partnerships to combat all terrorist threats to the
    United States and our interests. To that end, we use all available
    lawful investigative techniques and methods to combat these threats
    while continuing to collect, analyze, and share intelligence concerning
    the threat posed by violent extremists, in all their forms, who desire
    to harm Americans and U.S. interests. We will continue to share
    information and encourage the sharing of information among our numerous
    partners via our Joint Terrorism Task Forces across the country, and
    our Legal Attache offices around the world. The FBI's fiscal year 2022
    request includes 179 positions (including 80 Special Agents, 43
    Intelligence Analysts, and 56 professional staff) and $45.0 million to
    counter terrorism and the increasing acts of domestic terrorism
    occurring across the United States.
    Lawful Access
        The problems caused by law enforcement agencies' inability to
    access electronic evidence continue to grow. Increasingly, commercial
    device manufacturers have employed encryption in such a manner that
    only the device users can access the content of the devices. This is
    commonly referred to as ``user-only-access'' device encryption.
    Similarly, more and more communications service providers are designing
    their platforms and apps such that only the parties to the
    communication can access the content. This is generally known as ``end-
    to-end'' encryption. The proliferation of end-to-end and user-only-
    access encryption is a serious issue that increasingly limits law
    enforcement's ability, even after obtaining a lawful warrant or court
    order, to access critical evidence and information needed to disrupt
    threats, protect the public, and bring perpetrators to justice.
        The FBI remains a strong advocate for the wide and consistent use
    of responsibly-managed encryption--encryption that providers can
    decrypt and provide to law enforcement when served with a legal order.
    Protecting data and privacy in a digitally connected world is a top
    priority for the FBI and the U.S. Government, and we believe that
    promoting encryption is a vital part of that mission. But we have seen
    that the broad application of end-to-end and user-only-access
    encryption adds negligible security advantages. It does have a negative
    effect on law enforcement's ability to protect the public. What we mean
    when we talk about lawful access is putting providers who manage
    encrypted data in a position to decrypt it and provide it to us in
    response to legal process. We are not asking for, and do not want, any
    ``backdoor,'' that is, for encryption to be weakened or compromised so
    that it can be defeated from the outside by law enforcement or anyone
    else. Unfortunately, too much of the debate over lawful access has
    revolved around discussions of this ``backdoor'' straw man instead of
    what we really want and need.
        We are deeply concerned with the threat end-to-end and user-only-
    access encryption pose to our ability to fulfill the FBI's duty of
    protecting the American people from every manner of Federal crime, from
    cyber-attacks and violence against children to drug trafficking and
    organized crime. We believe Americans deserve security in every walk of
    life--in their data, their streets, their businesses, and their
    communities.
        End-to-end and user-only-access encryption erode that security
    against every danger the FBI combats. For example, even with our
    substantial resources, accessing the content of known or suspected
    terrorists' data pursuant to court-authorized legal process is
    increasingly difficult. The often-online nature of the terrorist
    radicalization process, along with the insular nature of most of
    today's attack plotters, leaves fewer dots for investigators to connect
    in time to stop an attack--and end-to-end and user-only-access
    encryption increasingly hide even those often precious few and fleeting
    dots.
        In one instance, while planning and right up until the eve of the
    December 6, 2019, shooting at Naval Air Station Pensacola that killed
    three U.S. sailors and severely wounded eight other Americans, deceased
    terrorist Mohammed Saeed Al-Shamrani communicated undetected with
    overseas al-Qa'ida terrorists using an end-to-end encrypted app. Then,
    after the attack, user-only-access encryption prevented the FBI from
    accessing information contained in his phones for several months. As a
    result, during the critical time period immediately following the
    shooting and despite obtaining search warrants for the deceased
    killer's devices, the FBI could not access the information on those
    phones to identify co-conspirators or determine whether they may have
    been plotting additional attacks.
        This problem spans international and domestic terrorism threats.
    Like Al-Shamrani, the plotters who sought to kidnap the Governor of
    Michigan late last year used end-to-end encrypted apps to hide their
    communications from law enforcement. Their plot was only disrupted by
    well-timed human source reporting and the resulting undercover
    operation. Subjects of our investigation into the January 6 Capitol
    siege used end-to-end encrypted communications as well.
        We face the same problem in protecting children against violent
    sexual exploitation. End-to-end and user-only-access encryption
    frequently prevent us from discovering and searching for victims. In
    particular, providers can send us vital tips that can lead to the
    rescue of a child only when those providers themselves are able to
    detect and report child exploitation being facilitated on their
    platforms and services. They cannot do that when their platforms are
    end-to-end encrypted. For example, while Facebook Messenger and Apple
    iMessage each boasts over one billion users, in 2020, the National
    Center for Missing and Exploited Children (``NCMEC'') received over 20
    million tips from Facebook,\1\ compared to 265 tips from Apple,
    according to NCMEC data and publicly available information. Apple's use
    of end-to-end encryption, which blinds it to child sexual abuse
    material being transmitted through its services, likely plays a role in
    the disparities in reporting between the two companies. We do not know
    how many children are being harmed across the country as a result of
    this under-reporting by Apple and other end-to-end providers.
    ---------------------------------------------------------------------------
        \1\ Facebook is planning to move its Facebook Messenger platform to
    end-to-end encryption as a default in the near future. This will result
    in the loss of most of these tips.
    ---------------------------------------------------------------------------
        When we are able to open investigations, end-to-end and user-only-
    access encryption makes it much more difficult to bring perpetrators to
    justice. Much evidence of crimes against children, just like many other
    kinds of crime today, exists primarily in electronic form. If we cannot
    obtain that critical electronic evidence, our efforts are frequently
    hamstrung.
        This problem is not just limited to Federal investigations. Our
    State and local law enforcement partners have been consistently
    advising the FBI that they, too, are experiencing similar end-to-end
    and user-only-access encryption challenges, which are now being felt
    across the full range of State and local criminal law enforcement. Many
    report that even relatively unsophisticated criminal groups, like
    street gangs, are frequently using user-only-access encrypted
    smartphones and end-to-end encrypted communications apps to shield
    their activities from detection or disruption. As this problem becomes
    more and more acute for State and local law enforcement, the advanced
    technical resources needed to address even a single investigation
    involving end-to-end and user-only-access encryption will continue to
    diminish and ultimately overwhelm State and local capacity to
    investigate even common crimes.
    Cyber
        In 2020, nation-state and criminal cyber actors took advantage of
    people and networks made more vulnerable by the sudden shift of our
    personal and professional lives online due to the COVID-19 pandemic,
    targeting those searching for personal protective equipment, worried
    about stimulus checks, and conducting vaccine research.
        Throughout the last year, the FBI has seen a wider-than-ever range
    of cyber actors threaten Americans' safety, security, and confidence in
    our digitally connected world. But these threats will not disappear
    when the pandemic ends. Cyber-criminal syndicates and nation-states
    keep innovating ways to compromise our networks and maximize the reach
    and impact of their operations, such as by selling malware as a service
    or by targeting vendors as a way to access scores of victims by hacking
    just one provider.
        These criminals and nation-states believe that they can compromise
    our networks, steal our property, and hold our critical infrastructure
    at risk without incurring any risk themselves. In the last year alone,
    we have seen--and have publicly called out--China, North Korea, and
    Russia for using cyber operations to target U.S. COVID-19 vaccines and
    research. We have seen the far-reaching disruptive impact a serious
    supply-chain compromise can have through the SolarWinds intrusions,
    conducted by the Russian SVR. We have seen China working to obtain
    controlled defense technology and developing the ability to use cyber
    means to complement any future real-world conflict. We have seen Iran
    use cyber means to try to sow divisions and undermine our elections,
    targeting voters before the November election and threatening election
    officials after.
        As dangerous as nation-states are, we do not have the luxury of
    focusing on them alone. In the past year, we also have seen cyber
    criminals target hospitals, medical centers, and educational
    institutions for theft or ransomware. Such incidents affecting medical
    centers have led to the interruption of computer networks and systems
    that put patients' lives at an increased risk at a time when America
    faces its most dire public health crisis in generations. And we have
    seen criminal groups targeting critical infrastructure for ransom,
    causing massive disruption to our daily lives.
        We are also seeing dark web vendors who sell capabilities in
    exchange for cryptocurrency increase the difficulty of stopping what
    would once have been less dangerous offenders. What was once a ring of
    unsophisticated criminals now has the tools to paralyze entire
    hospitals, police departments, and businesses with ransomware. It is
    not that individual hackers alone have necessarily become much more
    sophisticated, but--unlike previously--they are able to rent
    sophisticated capabilities.
        We have to make it harder and more painful for hackers and
    criminals to do what they are doing. That is why I announced a new FBI
    cyber strategy last year, using the FBI's role as the lead Federal
    agency with law enforcement and intelligence responsibilities to not
    only pursue our own actions, but to work seamlessly with our domestic
    and international partners to defend their networks, attribute
    malicious activity, sanction bad behavior, and take the fight to our
    adversaries overseas. We must impose consequences on cyber adversaries
    and use our collective law enforcement and intelligence capabilities to
    do so through joint and enabled operations sequenced for maximum
    impact. And we must continue to work with the Department of State and
    other key agencies to ensure that our foreign partners are able and
    willing to cooperate in our efforts to bring the perpetrators of
    cybercrime to justice.
        An example of this approach is the international takedown in
    January 2021 of the Emotet botnet, which enabled a network of cyber
    criminals to cause hundreds of millions of dollars in damages to
    government, educational, and corporate networks. The FBI used
    sophisticated techniques, our unique legal authorities, and, most
    importantly, our worldwide partnerships to significantly disrupt the
    malware.
        A few months ago, cybersecurity companies including Microsoft
    disclosed that hackers were using previously unknown vulnerabilities
    related to Microsoft Exchange software to access email servers that
    companies physically keep on their premises rather than in the cloud.
    These ``zero day'' vulnerabilities allowed the actors to potentially
    exploit victim networks, engaging in activities such as grabbing login
    credentials, installing malicious programs to send commands to the
    victim network, and stealing emails in bulk. The FBI first put out a
    joint advisory in partnership with the Department of Homeland
    Security's Cybersecurity and Infrastructure Security Agency (``CISA'')
    to give network defenders the technical information they needed to
    mitigate the vulnerability. However, while many infected system owners
    successfully removed the web shells others were not able to do so. That
    left many systems vulnerable to adversaries who could continue to steal
    information, encrypt data for ransom, or potentially even execute a
    destructive attack. In response, through a court-authorized operation
    in partnership with the private sector, we were able to copy and remove
    malicious web shells from hundreds of vulnerable computers in the U.S.
    running Microsoft Exchange Server software. This is another example of
    how the FBI used its unique authorities, in this case, court-issued
    legal process, and its partnerships with the private sector to have
    tangible, real-world impact on the problem.
        We took upwards of 1,100 actions against cyber adversaries last
    year, including arrests, criminal charges, convictions, dismantlements,
    and disruptions, and enabled many more actions through our dedicated
    partnerships with the private sector, foreign partners, and at the
    Federal, State, and local entities.
        We have been putting a lot of energy and resources into all of
    those partnerships, especially with the private sector. We are working
    hard to push important threat information to network defenders, but we
    have also been making it as easy as possible for the private sector to
    share important information with us. For example, we are emphasizing to
    the private sector how we keep our presence unobtrusive in the wake of
    a breach; how we protect information that companies, and universities
    share with us, and commit to providing useful feedback; and how we
    coordinate with our government partners so that we are speaking with
    one voice. But we need the private sector to do its part, too. We need
    the private sector to come forward to warn us--and warn us quickly--
    when they see malicious cyber activity. We also need the private sector
    to work with us when we warn them that they are being targeted. The
    recent examples of significant cyber incident--SolarWinds, HAFNIUM, the
    pipeline incident--only emphasize what I have been saying for a long
    time: The government cannot protect against cyber threats on its own.
    We need a whole-of-society approach that matches the scope of the
    danger. There is really no other option for defending a country where
    nearly all of our critical infrastructure, personal data, intellectual
    property, and network infrastructure sits in private hands.
        In summary, the FBI is engaged in a myriad of efforts to combat
    cyber threats, from improving threat identification and information
    sharing inside and outside of the government to developing and
    retaining new talent, to examining the way we operate to disrupt and
    defeat these threats. We take all potential threats to public and
    private sector systems seriously and will continue to investigate and
    hold accountable those who pose a threat in cyberspace. The fiscal year
    2022 request includes 155 positions (including 52 Special Agents, 57
    Intelligence Analysts, and 46 Professional Staff) and $40.0 million to
    enhance cyber information-sharing abilities and increase cyber tools
    and capacities. The Request also includes 22 positions and $15.23
    million to help protect internal FBI networks.
    Foreign Influence
        Our Nation is confronting multifaceted foreign threats seeking to
    both influence our national policies and public opinion, and cause harm
    to our national dialogue. The FBI and our interagency partners remain
    concerned about, and focused on, the covert and overt influence
    measures used by certain adversaries in their attempts to sway U.S.
    voters' preferences and perspectives, shift U.S. policies, increase
    discord in the United States, and undermine the American people's
    confidence in our democratic processes.
        Foreign influence operations--which include subversive, undeclared,
    coercive, and criminal actions by foreign governments to influence U.S.
    political sentiment or public discourse or interfere in our processes
    themselves--are not a new problem. But the interconnectedness of the
    modern world, combined with the anonymity of the Internet, have changed
    the nature of the threat and how the FBI and its partners must address
    it. Foreign influence operations have taken many forms and used many
    tactics over the years. Most widely reported these days are attempts by
    adversaries--hoping to reach a wide swath of Americans covertly from
    outside the United States--to use false personas and fabricated stories
    on social media platforms to discredit U.S. individuals and
    institutions.
        The FBI is the lead Federal agency responsible for investigating
    foreign influence operations. In the fall of 2017, we established the
    Foreign Influence Task Force (``FITF'') to identify and counteract
    malign foreign influence operations targeting the United States. The
    FITF is led by the Counterintelligence Division and is comprised of
    agents, analysts, and professional staff from the Counterintelligence,
    Cyber, Counterterrorism, and Criminal Investigative Divisions. It is
    specifically charged with identifying and combating foreign influence
    operations targeting democratic institutions and values inside the
    United States. In all instances, the FITF strives to protect democratic
    institutions; develop a common operating picture; raise adversaries'
    costs; and reduce their overall asymmetric advantage.
        The FITF brings the FBI's national security and traditional
    criminal investigative expertise under one umbrella to prevent foreign
    influence in our elections. This better enables us to frame the threat,
    to identify connections across programs, to aggressively investigate as
    appropriate, and--importantly--to be more agile. Coordinating closely
    with our partners and leveraging relationships we have developed in the
    technology sector, we had several instances where we were able to
    quickly relay threat indicators that those companies used to take swift
    action, blocking budding abuse of their platforms.
        Following the 2018 midterm elections, we reviewed the threat and
    the effectiveness of our coordination and outreach. As a result of this
    review, we further expanded the scope of the FITF. Previously, our
    efforts to combat malign foreign influence focused solely on the threat
    posed by Russia. Utilizing lessons learned since 2018, the FITF widened
    its aperture to confront malign foreign operations of China, Iran, and
    other global adversaries. To address this expanding focus and wider set
    of adversaries and influence efforts, we have also added resources to
    maintain permanent ``surge'' capability on election and foreign
    influence threats.
        These additional resources were also devoted to working with U.S.
    Government partners on two documents regarding the U.S. Government's
    analysis of foreign efforts to influence or interfere with the 2020
    Election. The reports are separate but complementary. The first
    report--referred to as the 1a report and authored by the Office of the
    Director of National Intelligence--outlines the intentions of foreign
    adversaries with regard to influencing and interfering in the election
    but does not evaluate impact. The second report--referred to as the 1b
    report and authored by the Department of Justice, including the FBI,
    and Department of Homeland Security, including the CISA--evaluates the
    impact of foreign government activity on the security or integrity of
    election infrastructure or infrastructure pertaining to political
    organizations, candidates, or campaigns.\2\
    ---------------------------------------------------------------------------
        \2\ These reports are required by sections 1(a) and 1(b) of
    Executive Order 13,848.
    ---------------------------------------------------------------------------
        The main takeaway from both reports is there is no evidence--not
    through intelligence collection on the foreign actors themselves, not
    through physical security and cybersecurity monitoring of voting
    systems across the country, not through post-election audits, and not
    through any other means--that a foreign government or other actors
    compromised election infrastructure to manipulate election results.
        While the 2020 election is over, the FBI will not stop working with
    our partners to impose costs on adversaries who have or are seeking to
    influence or interfere in our elections.
        The fiscal year 2022 request includes 28 positions (including 7
    Special Agents, 4 Intelligence Analysts, and 17 Professional Staff) and
    $18.8 million to help combat the threats posed by foreign, and
    potentially hostile, intelligence services and other foreign government
    actors.
                                criminal threats
        We face many criminal threats, from complex white-collar fraud in
    the financial, healthcare, and housing sectors to transnational and
    regional organized criminal enterprises to violent crime and public
    corruption. Criminal organizations--domestic and international--and
    individual criminal activity represent a significant threat to our
    security and safety in communities across the Nation.
    Violent Crime
        Violent crimes and gang activities exact a high toll on individuals
    and communities. Many of today's gangs are sophisticated and well
    organized, and use violence to control neighborhoods and boost their
    illegal money-making activities, which include robbery, drug and gun
    trafficking, fraud, extortion, and prostitution rings. These gangs do
    not limit their illegal activities to single jurisdictions or
    communities. The FBI is able to work across such lines, which is vital
    to the fight against violent crime in big cities and small towns across
    the Nation. Every day, FBI special agents work in partnership with
    Federal, State, local, and Tribal officers and deputies on joint task
    forces and individual investigations.
        Similar to the FBI's work combatting gangs, the FBI also
    investigates the most serious crimes in Indian Country--such as murder,
    child sexual and physical abuse, violent assaults, drug trafficking,
    public corruption, financial crimes, and Indian gaming violations. As
    you are aware, there are 574 federally recognized American Indian
    Tribes in the United States, and the FBI has Federal law enforcement
    responsibility on nearly 200 Indian reservations. This Federal
    jurisdiction is shared concurrently with the Bureau of Indian Affairs
    (``BIA''), Office of Justice Services; the FBI works very closely with
    BIA and other Federal, State, and Tribal partners across the United
    States on crimes in Indian Country.
        Recently, the FBI's work in Indian Country in Oklahoma increased
    significantly due to the July 9, 2020, Supreme Court ruling in McGirt
    v. Oklahoma, which determined that the territorial boundaries of the
    Muscogee Creek Nation (``MCN'') fall under Federal Indian Country
    jurisdiction, making the FBI the responsible law enforcement agency for
    offenses committed by or victimizing a Tribal member. The principles of
    the McGirt decision also apply to the status of the Cherokee,
    Chickasaw, Choctaw, and Seminole Tribal territories in Oklahoma.
    Combined, all five reservation territories encompass approximately
    32,000 square miles, or 45 percent of the State of Oklahoma. The total
    population within the combined borders is roughly 1.9 million, of which
    approximately 420,000 are enrolled Tribal members.
        This increase in FBI jurisdiction poses significant and long-term
    operational and public safety risks given the challenges associated
    with the increased number of violent criminal cases now under Federal
    jurisdiction within Oklahoma's IC territory. Since this decision, the
    FBI's Oklahoma City Field Office (``OC'') has seen a drastic increase
    in the total number of Indian Country investigations and now has the
    FBI's largest investigative responsibility. From July 9, 2020 to March
    23, 2021, FBI OC opened nearly 1,000 Indian Country investigations
    (most of them adopted from previous State actions), prioritizing cases
    involving the most violent offenders who pose the most serious risk to
    the public. As a point of comparison, the FBI's other 55 Field Offices
    opened a combined total of 1,255 IC investigations during the same
    period, with FBI Minneapolis, the next largest Indian Country office
    behind FBI OC, opening over 300 cases. This workload data primarily
    represents the cases from the MCN reservation alone; this workload is
    expected to increase substantially given the additions of the Cherokee
    and Chickasaw reservations in mid-March and the Choctaw and Seminole
    reservations in April. The FBI is anticipating 2,500 new cases next
    year and approximately 5,000 adopted cases from previously adjudicated
    in Oklahoma State courts which were overturned either by McGirt or
    subsequent Oklahoma court decisions applying McGirt.
        To effectively conduct these investigations, the FBI has conducted
    temporary duty (``TDY'') rotations of 140 Special Agents, Investigative
    Analysts, Victims Specialists and other professional staff to the
    Muskogee and Tulsa RAs, the offices most impacted by the decision. The
    FBI has also expanded State, local, and Tribal participation on task
    forces to 230 Task Force Officers from 32 agencies to assist with
    initial response and investigative efforts. The U.S. Attorney's Offices
    in the Eastern District of Oklahoma and the Northern District of
    Oklahoma also increased their staffing. In order to support the U.S.
    Attorneys' effective prosecution of these crimes, the FBI must have the
    capability to sustain an enhanced presence in FBI OC. As such, the
    fiscal year 2022 request includes $25.5 million to support the surge in
    personnel to meet the immediate need, as the situation on the ground
    continues to evolve. In addition, the fiscal year 2022 request includes
    $6.2 million to fulfill the Department of Justice's October 2020,
    policy on Use of Body-Worn Cameras by federally Deputized Task Force
    Officers.
                                   conclusion
        Finally, the strength of any organization is its people. The
    threats we face as a nation have never been greater or more diverse and
    the expectations placed on the FBI have never been higher. Our fellow
    citizens look to the FBI to protect the United States from all of those
    threats, and the men and women of the FBI continue to meet and exceed
    those expectations, every day. I want to thank them for their dedicated
    service.
        Chairwoman Shaheen, Ranking Member Moran, and Members of the
    subcommittee, thank you for the opportunity to testify today. I am
    happy to answer any questions you might have.

        Senator Shaheen. Well, thank you very much. You pointed out
    that both Senator Moran and I raised the ransomware attacks in
    our opening remarks. It wasn't clear to me, looking at your
    budget request, exactly where that was covered and whether you
    feel like you have the resources that you need in order to
    address this kind of activity. Can you just be specific about
    where you are looking to get the resources and what you are
    going to need?
        Director Wray. Right. So our budget request, the
    enhancements we requested include 155 positions and $40 million
    for cyber. And a huge part of that will be going very much to
    the ransomware campaign that we are working on. We did about
    1,100 different kinds of disruption actions against cyber
    adversaries last year, talking about arrests, criminal charges,
    convictions, dismantlement, and disruptions. And I think on the
    ransomware piece specifically, our strategy is to go after the
    entire criminal ecosystem that exists there.
        So not just the people demanding the ransomware, but all
    the people who helped facilitate it. You know, the--we are
    trying to go after the actors. We are trying to go after the
    helpers. We are trying to go after their infrastructure. We are
    trying to go after the money. You mentioned our efforts to
    recover the cryptocurrency that was paid in ransom, so things
    like that, but it has to be a cross the Government effort. Our
    National Cyber Investigative Joint Task Force brings together
    about 30 different agencies, all co-located together with an
    effort to try to have more joint sequenced operations to
    maximize impact.
        We have got to take a little bit of our page out of the
    counterterrorism strategy book, everybody working together,
    focusing on prevention and disruption. And that is what we are
    trying to do.
        Senator Shaheen. Well, two related questions. There are
    some people who suggest that we should outlaw payment for
    ransomware attacks. Do you agree with that? And second, how do
    we go after groups like in the Colonial Pipeline case where we
    think they are operating out of Russia with full knowledge of
    the Putin administration in Russia?
        Director Wray. So our guidance to industry is not to pay
    the ransom. And there is a whole host of reasons for that, but
    the most important thing, the most important thing, because I
    understand it is a difficult decision for victims to make. The
    most important thing is that they reach out and connect with
    law enforcement, with us as quickly and transparently as
    possible. It is a little bit like the example--you know, we
    encourage people when there is kidnappings of humans not to pay
    the ransom. But you want to have, in effect, the cyber
    equivalent of the FBI agent sitting there with the person
    talking to the hostage taker, because there is all kinds of
    things we can do to help ensure a happy ending to the
    investigation if we are engaged early and transparently.
        So that is the most important thing. But in general, we
    would discourage paying the ransom because it encourages more
    of these attacks, and frankly, there is no guarantee whatsoever
    that you are going to get your data back, among other things.
        Senator Shaheen. So do we need to think about changes,
    legislative changes to address authorities for law enforcement
    and the FBI on hacking incidents and ransomware incidents? I
    remember several years ago we had proposed legislation that
    never went anywhere that would have required reporting by
    companies. Should we be looking at something like that again?
        Director Wray. Well, I obviously don't want to get out in
    front in terms of a specific legislative proposal. But I will
    say that if we don't solve the riddle of how to get the private
    sector promptly and transparently working with us, and more and
    more companies, I should say, are doing that all the time. But
    if we don't make that sort of the norm, we are going to have a
    heck of a time winning this conflict, if you will. And so
    anything that helps provide more incentive for that to happen,
    I think is a step in the right direction.
        Senator Shaheen. Good. I mentioned in my opening comments,
    and we have discussed this before, what has been called the
    Havana's syndrome. How involved is the FBI in the cooperative
    effort in the administration to take a look at what's happening
    with these attacks? Do you think--can these be classified as a
    crime? And if so, how do we go after either the perpetrators or
    allow victims to get restitution for what they have suffered?
        Director Wray. So we are very much involved. We are working
    closely under the auspices of the NSC with our interagency
    partners, especially the CIA, DOD, the State Department and
    others, and bringing what we can bring to the table. Our
    highest priority, of course, is the protection and well-being,
    the health and well-being of U.S. Government personnel.
        We are making progress for sure, but we are not yet at a
    point where we know the cause of the incidents and whether it
    was an attack and if so, who did it, etcetera. I will tell you
    that we are trying to be aggressive, and we are viewing all of
    the U.S. Government personnel who have these symptoms, from our
    perspective, they are victims. And we want to treat them as
    potential victims. And they are our colleagues in the Federal
    Government, so we care deeply about them.
        Senator Shaheen. Thank you. Senator Moran.
        Senator Moran. Chairman, thank you. Director, I recently
    visited McAllen, Texas, where I met with your special agent in
    charge of the San Antonio field office. He was able to brief me
    on the counterintelligence threats to the area, specifically to
    mainstream companies with a National Security or innovation
    focus such as SpaceX. What I heard was disturbing, terribly
    threatening, in my view, to the well-being of Americans and to
    our economy. Director Wray, are you aware of those threats? And
    what can you tell us in this unclassified setting about this
    topic?
        Director Wray. Well, I am very pleased that you were able
    to meet with SCC Combs. It is a very high performing office
    down there and they are dealing with some very challenging and
    complex threats. And, of course, I have spoken in the past
    about the very serious counterintelligence threats that I think
    we face from our adversaries. And we have been very focused on
    working with the private sector, specifically on the
    counterintelligence front.
        And as the U.S. moves more and more towards the private
    sector in terms of space exploration, we need to support those
    companies in much the same way, for example, we would support
    NASA. And I think beyond that, it would probably be better for
    me to arrange, you know, some kind of classified briefing for
    you because I can't get in a whole lot more detail in an open
    setting.
        Senator Moran. Perhaps if it is okay with you, I will look
    for a time for me to come to see you.
        Director Wray. Okay, great. Thank you.
        Senator Moran. Over the last two weeks, Axios has
    extensively reported on massive fraud within the unemployment
    insurance programs. The numbers are staggering. Experts suggest
    that criminals may have stolen as much as half of the
    unemployment benefits distributed over the last year,
    fraudulent claims could reach $400 billion.
        Alarmingly, the bulk of these funds appear to have been
    stolen by foreign criminal syndicates, making this, Axios
    observes, not just theft, but a matter of National Security.
    Director, what is the FBI's best assessment of the extent of
    unemployment insurance fraud over the last year, and how much
    is believed to have been stolen by foreign criminal
    organizations?
        Director Wray. So we obviously share your concern. We have
    seen a huge spike, huge spike in unemployment fraud cases and
    investigations from COVID. By last count, and this is a rough
    number, but by last count, I think we had about 800
    unemployment fraud investigations and the vast majority of
    those have some tie to the pandemic. As far as foreign criminal
    involvement, we certainly are aware of a number of schemes and
    scams, but I don't know that I have any kind of estimate of how
    much of the overall loss comes from those kinds of actors. But
    it is something that we are keenly attuned to.
        And, of course, we are trying to take advantage of both all
    56 of our field offices here, but also working with our legal
    offices overseas, because they may be able to work with foreign
    partners to help us pursue, you know, bad actors elsewhere and
    their involvement.
        Senator Moran. Director, thank you. I hope to have maybe
    additional conversation in this regard as well. In September,
    the FBI will release its annual data set on violent crimes in
    the United States. That report will show what you have already
    acknowledged publicly, a spike in serious violent crime in a
    number of American cities, including significant increases in
    murder and aggravated assaults. Kansas, unfortunately, has not
    been immune.
        The city of Wichita reported 59 homicides in 2020, the
    highest total since 1993, and about one every 6 days. According
    to Wichita Police Chief Gordon Ramsay, this trend has continued
    into 2021. In your speech to the International Association of
    Chiefs of Police last year, you acknowledge the FBI can play a
    critical role in reducing that violent crime, including by
    surging agents and other FBI resources to affected cities by
    working together with State and local partners.
        Director Wray, what is the FBI doing to address these
    serious spikes in violent crime? And would you consider further
    surges of personnel and resources to those affected
    communities?
        Director Wray. So we absolutely are concerned about the
    rise in violent crime, specifically the most dangerous type of
    violent crime, namely the homicide rate all over the country.
    And key to that is partnership. We are bringing our resources
    to bear through our 170 or so safe streets task forces, our 50
    or so violent crime task forces. So you are talking about 500,
    give or take, you know, FBI agents plus task force officers.
    You know, I think we did 6,500 violent crime arrests amidst the
    worst of the pandemic.
        So you are talking about 14 a day. You know, we are also
    trying to contribute in other ways through NICS, making sure
    that guns don't get in the hands of the people legally
    prohibited from having them. Our tip line, our lab supporting
    State and locals. And we have, to your point about surging
    resources, we have recently created a new violent crime rapid
    deployment team, at headquarters, the purpose of which--run out
    of headquarters, I should say, the purpose of which is to be
    able to surge to sort of crisis situations.
        I know that in Kansas City in that--I don't mean Kansas
    City, the city, but the division, we had 140 gang arrests and
    200 something violent crime arrests last year. And I remember I
    think we spoke once about the, in Wichita, there was a gang,
    the junior boy violent gang that, you know, that one takedown
    largely dismantled a long running a gang in Wichita, you know,
    20, say 25 arrests, seizing guns, drugs, money and so forth. So
    we are going to be trying to do more and more of that wherever
    we can.
        Senator Moran. Director, I thank you and the Kansas City
    FBI bureau for their attention to Kansas communities, Kansas
    City and Wichita in particular. My time has expired. I would
    just say to the Director, I also am the Ranking Member of the
    Senate Committee on Veterans Affairs. It is meeting at the same
    time. My absence from time to time today will not be a
    reflection on my lack of interest in what you have to say.
        Senator Shaheen. Thank you, Senator Moran. Senator
    Feinstein.
        Senator Feinstein. Thanks very much, Madam Chairman. I
    watched the CNN show Sunday night on January 6, and it has been
    nearly 6 months since the capital was attacked, and I think we
    still lack a clear picture of the FBI's understanding of the
    threat in the days leading up to the attack. The Post reported
    in January that dozens of individuals listed in the terrorist
    screening database traveled to Washington before the Capitol
    attack. The FBI's Washington field office, I understand, stated
    that the bureau disrupted the travel of a number of individuals
    who were planning to travel to D.C., ``with intentions to cause
    violence.''
        It is my understanding that you testified last week to the
    House Oversight Committee that, ``none of those people had
    indicated an intention to attack the Capitol.'' As you look at
    this now in perspective, Director Wray, could you clarify for
    us what the FBI knew and what it didn't know before the attack
    took place?
        Director Wray. Well, I guess the first thing I would say
    about the facts leading up to January 6 is because of all the
    investigations we are doing right now, we are continuing to
    learn all sorts of things post January 6. And sometimes there
    gets to be a little bit of conflation about information that we
    are developing through those hundreds of cases with information
    that we had before. So I just want to put that out there in
    front, because I am sure there will be, continue to be news
    coverage of different sorts as we move forward. I think what I
    would say is that before January 6, we were, to my knowledge,
    aware that there would be large numbers of individuals coming
    to D.C. to participate in protests, protests, and that we had
    some information that gave us concerns about the potential for
    violence more generally. There is, of course, this Norfolk
    report, which has gotten a lot of attention, which was a one
    piece of information that was raw and unverified and
    unattributed.
        And we passed that three different ways as quickly as
    possible shortly after getting it. What we did not have, to my
    knowledge at least, is intelligence indicating that hundreds
    and hundreds of people were going to breach the Capitol
    complex. That to my knowledge, we did not have that. You
    mentioned these individuals that we interviewed or disrupted
    before January 6. I think there is a little bit of garble in
    maybe some of the news reporting. So I can't speak to the
    specific article that you were citing, but just in general,
    what we are talking about there are a handful of small number
    of individuals who were previously predicated subjects of
    investigations who were approached in one way or another,
    interviewed or in some other way disrupted from traveling.
        I want to be clear, though, there is a big difference
    between people indicating that they might travel to D.C. and
    people indicating they might travel to D.C. to commit a violent
    attack, much less a violent attack against the Capitol, which
    is not my understanding of what those individuals revealed
    beforehand.
        Senator Feinstein. I think many of us are trying to
    understand and not to criticize as much as to be able to
    correct our systems. The number of people, and if you watch the
    CNN show Sunday night, which went on and was very graphic,
    there was no question when you really had pictures of who was
    there and what they were doing, that people came with an intent
    to do what they did. And I have never really been able to get a
    clear picture of what is--what was known and what wasn't known,
    because what I saw on television Sunday night was something I
    have never seen before in this country like that. And it was
    shocking.
        Director Wray. Well, we consider the whole event shocking
    and appalling, and we are absolutely determined to make sure
    that we do our part to make sure it never happens again. So I
    want to be crystal clear on that. I think you know something--
    one thing that gets a little bit lost sometimes is that even
    though we have had hundreds and hundreds of domestic terrorism
    investigations ongoing, actually very, very few, almost none of
    the people who we have arrested since January 6, for January 6
    were people----
        Senator Feinstein. How many people did you arrest--have
    been arrested?
        Director Wray. I think we have got around well, I think it
    is a little over 500 arrests now, once you include, and there
    are a few that have been done by some of our partners as well.
    So the FBI's arrests are close to 500. And then when you add in
    the partners, it is a little over 500. And I want to be clear,
    we have got hundreds more investigations still ongoing.
        And we expect in many cases we will have even more serious
    charges against some of the people we already have charged. So
    this is far from over. And with each arrest and each case we
    bring, not only are we driving towards accountability for the
    attack, but we are also learning more about what was out there
    beforehand so that we can use that to get better going forward.
        Senator Feinstein. Well, it was pretty clear from the
    footage I saw Sunday night that a lot was out there. They came
    with intent now proving it is another story, but this was an
    eye opener for me as I watched that show, and I think it is
    really important that we understand not to criticize it is
    over, but to know what to do to prevent that from ever
    happening again.
        Director Wray. Well, I agree that absolutely we want to do
    our part and I haven't seen the particular CNN show that you
    are talking about, but certainly we are looking at things like
    how can we develop better sources? How can we get better with
    data analytics for the volumes of information that we get? How
    can we deal with the encryption issue, which I know is
    something you and I have spoken about in the past? And that is
    very much a phenomenon with this threat, because a lot of the
    most significant and revealing communications between these
    actors, and we saw it related to the January 6 people now that
    we are investigating, and we saw it over the summer with some
    of the attackers in those events, it is through encrypted
    messaging communications. And we have got to figure out a
    solution to that.
        Senator Feinstein. Thank you.
        Senator Shaheen. Thank you, Senator Feinstein. Senator
    Graham.
        Senator Graham. Thank you, Directory Wray. And please pass
    on all of our respect for what you and your agents and support
    personnel do. It seems to me you got a pretty full plate. Is
    that fair to say?
        Director Wray. It certainly feels full.
        Senator Graham. Okay. If Senator Moran is right, which I am
    sure he is, when you look at personnel cost increases and
    generally cost of doing business, most of the increases
    requested about 65 percent go to that and $150 million left for
    new programs. Do you agree with that, new capabilities?
        Director Wray. Well, I think sometimes I have a little bit
    of a hard time in this format tracking all the numbers. I think
    one of the, one of the challenges is that last year's budget
    had a significant number of enhancements, but at the same time,
    also a bunch of reductions to the base. So it is like giveth
    with one hand, taketh away with the other.
        Senator Graham. If the subcommittee decided to say increase
    by $100 million your budget, could you spend it wisely?
        Director Wray. I can assure you that any money that this
    subcommittee thinks sees fit to give, I promise it will be put
    to good use.
        Senator Graham. Good. I believe you. So there is a record
    number, in certain jurisdictions and really a trend all over
    the country, of retirements by police officers and recruiting
    problems. Are you familiar with this?
        Director Wray. Very much so.
        Senator Graham. What do you think is causing this?
        Director Wray. I think this is a very, very challenging
    time for the law enforcement.
        Senator Graham. Have you ever known a more challenging time
    since you have been in the business?
        Director Wray. I have not.
        Senator Graham. Okay, what can we do to deal with it?
        Director Wray. I think it starts with a recognition that it
    takes an incredibly special person to get up in the morning and
    put his or her life on the line for a total stranger. And then
    when you stop and think about how few people are willing to do
    that, think about how many people are willing to do that every
    single day for an entire career. And so I think it starts with
    a level of gratitude and respect for those people.
        Senator Graham. Is this a fair statement that police
    reform, I think, is necessary, better training, better
    standards, more exposure to departments for the conduct of the
    officers legally, but at the same time a deeper appreciation
    for the job that police officers do? Do you agree that those
    two things are not inconsistent?
        Director Wray. I would. I would agree with that.
        Senator Graham. Okay. And I hope we can deliver there. In
    terms of the crime wave that we are facing, increase in murders
    particularly, the administration is going to announce a five
    point program today to deal with the rise in crime. Were you
    consulted by the administration in that program?
        Director Wray. Well, we--yes, we are working with the
    Justice Department through our piece of it. I am not--I haven't
    seen the announcement itself, but the----
        Senator Graham. Do you know what the five point plan is?
        Director Wray. I don't--I know our part.
        Senator Graham. Okay. What is your part?
        Director Wray. So we are working with the Department on
    something called Project Safe Neighborhoods, which is a revival
    of an effort that you may remember from the Bush
    administration, frankly. And it is a multipoint plan geared
    towards attacking gun violence all across the country. And so
    the FBI working with all of our partners on that.
        Senator Graham. Do you believe that one of the reasons
    crime is on the rise is that certain jurisdictions have
    basically eliminated bail? You catch them on Monday morning,
    and they are out on the streets Monday afternoon?
        Director Wray. Well, I do think there are a lot of causes,
    but I think one of the causes of the violent crime spike are
    certain kinds of prosecution practices----
        Senator Graham. We are not prosecuting enough people and we
    are sending a signal that maybe you can rob or loot a store and
    get away with it and it sort of escalates. Is that fair to say?
        Director Wray. Well, I guess I would put it this way. I
    think there is nothing more disheartening to a law enforcement
    officer to see somebody that you worked hard to arrest promptly
    back out, committing a crime again. There is enough people to
    go after the first time, without the same person over and over
    again.
        Senator Graham. I totally agree. That is the problem. I
    hope we will deal with it. When it comes to Russia, Dark Side
    is supposedly responsible for the Colonial Pipeline attack and
    Revil--Ravil, the attack on JBS meat processing attack. Both
    these are Russian speaking criminal organizations. Do you
    believe it is possible that they could operate in Russia
    without Putin's Government knowing about it?
        Director Wray. So many things I would like to say.
        [Laughter.]
        Senator Graham. This is the chance to say it.
        Director Wray. Yes, well--well, let me say this. You
    mentioned Darkside. The other organization you are talking
    about is, goes by the name are R-Evil.
        Senator Graham. Yes, I am sorry.
        Director Wray. Aptly named. I think what I would say is
    this, over and over again----
        Senator Graham. We are policy makers, I know my time is up,
    we have got to make a decision eventually, how to respond to
    Russia. We have had to cyber terrorism attacks emanating from
    Russian speaking criminal enterprises. I think all of us
    believe it is impossible for these people to operate in Russia
    without some acknowledgment by the--some support by the
    Government or at least a lack of action on their part. We got
    to make a decision. Would we be irresponsible in assuming that
    Putin is giving cover these groups and the only way things will
    change is for him to pay a price for giving that cover? Or is
    that illogical on our part?
        Director Wray. I think the Russian government has a lot of
    room for improvement on this subject. Let me just leave it at
    that.
        Senator Shaheen. Thank you, Senator Graham. Very
    diplomatic, Director Wray. Senator Reed.
        Senator Reed. Thank you very much, Madam Chairman, and
    thank you, Director, for your service and the service and
    sacrifice of so many of your men and women in the FBI. January
    6 was a disheartening moment. And I am wildly understating
    that. There was an ad hoc response which relied a great deal on
    the National Guard and other police elements. We are looking
    forward now, as we should, to a more coherent response if the
    situation occurs again.
        And as an alternative to the National Guard, I think and I
    like your comments, if we could put together a Federal, State,
    local law enforcement group that is trained as integrated, is
    compensated, and is coordinated for such an event with the
    participation of the Bureau in key areas, would that be more
    effective than summoning the Guard from everywhere?
        Director Wray. Well, I certainly would say it this way. I
    certainly understand the attraction of having a law enforcement
    kind of ready to deploy type of force. We have worked very well
    with the National Guard, but there are challenges that they
    face, you know, in their ability to deploy. Not on the FBI
    side, just to be clear. You know, we don't and really never
    have in our 113 year history really done crowd control or
    static defense or things like that. So we don't really have the
    skills, the training, and the equipment to do that part of it.
    What we do have are overseen by our critical incident response
    group.
        We have things like our hostage rescue team which can
    deploy in certain situations. We have crisis negotiators. We
    have aerial surveillance in certain instances, you know, things
    like that that we can lend to the effort. But I think most of
    what you are talking about would ultimately be more on the
    shoulders of other agencies. I want to be careful not to speak
    for them.
        Senator Reed. No, but I think you have critical elements
    that you could engage, and they would have to rehearse,
    practice, etcetera. So I don't--I think one of the lessons is,
    ad hoc is not that good when you are facing a mob of folks. The
    other aspect here too is, just for the record, the National
    Guard still waiting to get paid hundreds of millions of
    dollars, which could affect their training this summer. So for
    all my colleagues, if you could urge everyone to pay the
    National Guard that would be useful. One of the most difficult
    issues that you face in your intelligence capacity is trying to
    recognize, respect First Amendment rights to communicate freely
    with your responsibility to monitor what is going on the web.
    Can you give us an idea of how you make that call? I presume
    you have active--well, let me not presume, do you have active
    sort of intelligence agents that are going through the web and
    trying to identify?
        Director Wray. So this is a complicated topic. I will try
    to do my best to give sort of a shorthand version. But there
    may be nuances that get lost in the description. So what we--
    there are long standing policies that go back, you know, 10, 15
    plus years, the Attorney General guidelines, as implemented by
    something called the DIAG, which are all designed to tell us
    what we can and cannot do, especially when it implicates civil
    liberties and so forth, and that--there is parts of it that
    deal with social media.
        And so what we can do depends on whether or not we have
    got--what level of predication we have and whether we have got
    an authorized purpose. We do get all kinds of tips and leads
    from the public, from partners of all shapes and sizes, some of
    which include things on social media. And we pursue those in
    whatever way we can under those policies. What we don't do, and
    some people, I think are confused about this, what we don't do
    is just have people sitting there, at least without proper
    predication and an authorized purpose, just kind of monitoring
    somebody's, you know, Internet traffic and trying to see if
    there is something there just in case. That we don't currently
    do.
        Now, in theory, somebody could look at the policies and
    decide that the balance needs to be struck a little
    differently. There is all kinds of considerations that go into
    that. But to give a really fulsome answer to your question
    would probably require a much longer discussion.
        Senator Reed. I think it probably would require a law
    review article at least. Thank you, Madam Chairman.
        Senator Shaheen. Thank you, Senator Reed. Senator Hagerty.
        Senator Hagerty. Thank you, Madam Chair. Director Wray, I
    want to thank you for your long service to our Nation. Very
    much appreciate it. The first topic I would like to cover with
    you has to do with the morale of the FBI. I had the great honor
    of serving and working with a great FBI team in my previous
    position as ambassador to Japan. Your rank and file are
    patriotic and honorable men and women who I am certain wake up
    every day looking at how they can best serve the United States
    of America. But over the past 5 years, I think the reputation
    of the FBI has really come under challenge. We have seen a
    presidential candidate spied upon in 2016. We have seen
    headquarter investigators using blatant political bias as they
    pursue investigations.
        And I think that really has called into question America's
    confidence in the agency. I know it is disheartening to the men
    and women that serve at the FBI who came to serve their Nation,
    not to pick sides in a presidential battle. I am interested in,
    and I know you are working hard on this, but what are you
    doing, what are you undertaking to restore America's confidence
    and the confidence of the men and women that work for you in
    the agency as a nonpartisan, and an unbiased, nonpolitical
    institution?
        Director Wray. So I have a lot to say on this subject.
    First, I will stack our workforce up against any workforce,
    anywhere, any time. A lot of the press coverage and discussion
    has been based on essentially two investigations over about an
    18 month period involving a small number of people. And we are
    an organization of 37,000 people. It has been around for 113
    years doing thousands and thousands of investigations every
    year. And what I see, what I hear from the American people
    themselves is a resounding, even consistent appreciation and
    respect for what our folks do. The hundreds of--we speak,
    through our work, to hundreds of kids we have saved, the
    terrorist attacks we have disrupted, the scores of violent
    gangs, COVID fraudsters, Chinese spies, etcetera. And I say
    that from having visited all 56 of our field offices, most of
    them more than once, met with law enforcement partners from all
    50 States and over 50 countries, spoken with judges,
    prosecutors, private sector leaders, community leaders,
    victims, and their families. And the refrain I get is very
    different from what is in a lot of the news coverage.
        Now, I will give you a bright spot, because I know you care
    about our workforce. Our attrition rate is 0.4 percent. And you
    would be hard pressed to find an organization out there, public
    or private, with an attrition rate that low. Second, our
    recruiting, that is the number of Americans all across this
    country, including every State represented in this
    subcommittee, applying to be special agents, so expressing
    their view of the FBI through their feet by trying to sign up
    and put their lives on the line, working with us for an entire
    career has tripled, triple what it was when I started this
    show.
        Senator Hagerty. That is very encouraging.
        Director Wray. And that is through the pandemic. And to me,
    that speaks volumes about what Americans everywhere actually
    think about the FBI.
        Senator Hagerty. And I think, you know, that this
    subcommittee stands behind you as well. And we want to see this
    budget deployed in a way that continues to support the morale
    and the patriotic men and women that work for you. And I think
    that speaks volumes, the statistics that you went through. And
    like you, I have a lot to say and feel about this as well,
    because I think it is a great agency that you run. And I want
    to see the pristine image of the agency restored once again and
    appreciate your leadership in that direction. If I could turn
    right now to another area, this is having to do with a
    significant increase in crime that we saw in 2020. And again,
    another surge in crime that is underway right now. Homicide
    rates up 30 percent last year, another 25 percent this year.
    Back in 2020, Operation Legend was put into play.
        Sadly, Operation Legend was named for a 4 year old boy who
    was killed by a stray bullet in Kansas City. That operation led
    to the arrest of some 6,000 criminals, the confiscation of 17
    kilos of fentanyl that are killing our kids every day. In light
    of the surge that is underway yet again in crime, why is it
    that Operation Legend was brought to an end in December of
    2020?
        Director Wray. I can't--you know, Operation Legend was
    something that was run by the Justice Department, so I probably
    would leave that part to the Justice Department. Certainly I
    agree with you that I think it was a big success. It probably
    was not a sustainable effort, you know, in perpetuity, given
    the way in which we were all--such a surging resources from all
    over. We are I mentioned, I think, in response to Senator
    Moran's question, that on our end, we have recently created
    this violent crime rapid deployment team, which is an effort to
    take a little bit of the idea behind Legend and make that
    available.
        But that is really--that is not going to be a complete
    answer in its own right. And I think you are exactly right that
    this is a topic that cannot be overlooked in the middle of
    everything else that is going on, because I think most
    Americans right now, the security threat they are most
    concerned about is violent crime.
        Senator Hagerty. Yes. Well, thank you for leadership in
    that direction, Director Wray. Thank you, Madam Chair.
        Senator Shaheen. Thank you. Senator Leahy, and Chairman of
    the Appropriations Committee.
        Senator Leahy. Thank you very much. Director, always good
    to see you. And thank you for being here. I think we could all
    talk about how much we appreciate what the men and women of the
    FBI do and truly mean it. Several of your predecessors worked
    with me and worked with the FBI both in Vermont and down here,
    and I do appreciate their skill and dedication. With all these
    wild conspiracy theories going on about the insurrection on
    January 6, all of which have tried to portray the attack on the
    Capitol as anything but a violent assault by domestic
    extremists on the heart of democracy, even though everybody who
    was here saw that is exactly what it was. You have debunked
    some of these theories when we last spoke in March when you
    testified in the Judiciary Committee.
        It seems a new crop of excuses and conspiracy theories have
    come up since you testified before the House Oversight
    Committee. So let me give you another opportunity to discredit
    the dangerously bogus claims have been floating around about
    the January 6 attack, particularly those that are relating to
    the FBI's involvement in the attack.
        Let me just ask you directly, did anyone in the Trump White
    House ever encourage or direct you or anyone in your staff to
    downplay the potential threat of violence in January 6, when
    Congress was scheduled to take our constitutionally mandated
    presidential vote count?
        Director Wray. No.
        Senator Leahy. I will take that elaborate answer as a no,
    and I appreciate it. The FBI is responsible for investigating
    Federal election crimes such as voter suppression that
    intentionally target minority protected classes.
        The growing wave of voter suppression laws in dozens of
    States raise serious concerns. What are you doing with the FBI
    to prepare for the upcoming elections in which many of us
    expect to see unprecedented level of voter suppression?
        Director Wray. So we are doing a few different things. We
    have election crime coordinators in every field office, and of
    course they focus on the full manner of types of election
    crimes. And they are all well connected with each other and
    through our criminal investigative division. Voter suppression
    specifically when we get involved is more through our civil
    rights program. And so we work closely with the Justice
    Department, both the Civil Rights Division and the U.S.
    Attorney Offices on that. In addition, you may remember from
    our past engagements that we created, I created the Foreign
    Influence Task Force early on in my tenure. And although that
    is focused on foreign influence, of course, we are concerned
    about foreign influence, malign foreign influence that could in
    turn have a sort of surreptitious effect on voter suppression.
    So we are coming out at that piece of it as well.
        Senator Leahy. And as you know, I supported you when you
    formed that. Do you need further resources? Now here is your
    chance. It is not only--asking you, I am asking you as Chairman
    of the Committee, do you need further resources in this area?
        Director Wray. We are busier than we ever have been. And I
    can assure you that if the Congress sees fit to send us more
    resources on this, I can--I am quite confident that it will be
    put to good use.
        Senator Leahy. I thought that was probably so. My last
    question is on NICS, the national incident criminal background
    check. Last year, you processed nearly 40 million firearm
    background checks, only about 20 million so far this year.
    Congress provided you $179 million in emergency funding to help
    address the increased workload of gun background checks. How is
    that been utilized? Is it enough?
        Director Wray. So we have been able to put it to use and we
    are very grateful for it. Because of the uptick in the
    operational tempo out there to hire more personnel and to make
    system improvements, that funding was, as I recall, essentially
    a 2 year funding, which explains why we didn't have more of
    that in this budget request. But make no mistake, the pace that
    we are on, we will be needing more of that in the future for
    sure, because right now we are having to pull personnel from
    other critical functions to help out and do things like pay
    mandatory overtime just to be able to kind of triage the
    situation. So long term, we are absolutely going to need more
    resources, both for personnel out there and for systems
    improvements.
        Senator Leahy. Thank you. Thank you, Madam Chair.
        Senator Shaheen. Thank you. Senator Capito.
        Senator Capito. Thank you. Thank you, Director Wray. And
    thank you to all of your--those in the FBI. We thank them from
    the bottom our hearts for everything that they do every day.
    And I want to thank Chairman Leahy for teeing me up for this,
    because when you said out there, out there is in Clarksburg,
    West Virginia, where they run the background checks at--on the
    NICS system. And one of the statistics, Senator Leahy, said
    almost 20 million already this year, but we had the highest May
    ever of 3,222,105 background checks, which is an amazing--so I
    am happy to hear, and I want to be as supportive as we possibly
    can be through this Committee to help you with the resources
    that you need.
        So I am going to ask a different question rather than tout
    what a great job they do out in Clarksburg, because we both
    know that. And we have heard about the rise in crime over the
    last 2 years, particularly this summer, seems to be
    particularly troublesome. What do you--do you correlate any of
    that with the rising number of firearm purchases? What--how do
    you all analyze that at the FBI, the rising number of
    background checks that are being performed in terms of
    purchases?
        Director Wray. Well, I don't know that we have been able
    to--settle on one specific factor, but certainly there have
    been a number of factors that drive, I think, the spike in
    violent crime. So COVID had a huge impact. You are talking
    about everything from trial backlogs, early releases, you know,
    unemployment, et cetera.
        We have more juveniles committing violent crime and there
    is all kinds of challenges in our legal system for dealing with
    them. I mentioned response to, I think, Senator Graham's
    question, certain prosecution practices and decrease sentences.
    I think that has an effect. The prevalence of firearms in the
    wrong hands is certainly an issue as well, especially gun
    trafficking across State lines. And things like--these are all
    things that I think collectively contribute to the problem.
        Senator Capito. Yes, I mean, I think the rise also is
    obviously, if you are going to legally purchase and go through
    a background check, it is probably in response to a rising
    criminal element for a defense. I mean, more people are feeling
    defenseless, more people are home more and feel like there may
    be making those purchases to protect them and their families.
    So I thank you for making sure those are getting safely into
    those hands. I want to talk about cyber-attacks. I asked the
    same question to Secretary Blinken and Attorney General Garland
    about ransomware. It is a particularly interesting to me
    because it is a semi-new phenomenon and none of it is--it is
    every article you read, it is not really sure or know how to
    handle it and what to do, and that it is a global issue as
    well.
        And so I am interested to know if you are working with your
    global partners on how to address ransomware. And then you read
    from time to time what the different advice is. Pay the ransom,
    don't pay the ransom. Are you--how are you all addressing that?
    I mean, is that something that you--I don't know that you give
    advice, but you would, you know, for a large breach like the
    Colonial Pipeline, certainly have to be involved with that. And
    how you are seeing ransomware. We know it is going to get
    worse. And so I suppose that is why the cyber part of your
    budget is going to be increased, and that would be the area
    that you would look at the ransomware issue. Am I correct in
    assuming that?
        Director Wray. Certainly the part of the cyber enhancement
    request, ransomware, is a huge component of that. It is going
    to go to all the different kinds of cyber intrusions, or
    certain nations. You know, something like Solar Winds would
    also be the kind of thing that would be addressed through that
    enhancement. But ransomware, I think, has become particularly
    challenging because we have seen the total volume of money
    paid, I think triple, you know, over the last year or so.
    Higher and higher ransoms, more sophisticated attacks.
        We are talking about ransomware as a service, which the
    Colonial Pipeline case illustrated, where sophisticated
    developers of ransomware then basically outsource it to less
    sophisticated actors, which just expands the problem and the
    availability of the technique. And they are also now more and
    more engaging in sort of a mix of both the locking up of the
    system and the exfiltration and leaking or extortion that way
    as well. As far as guidance to victims, our guidance is, don't
    pay the ransom. But let me say this, I understand that it is a
    hard decision for a company or a municipal Government or
    whatever it happens to be the make. And the one thing that I
    think is most important by far is that whether they pay or
    don't pay, they get in touch with us right away early on.
    Because when they do, there is all kinds of things that we can
    do. In the Colonial Pipeline case, for example, we were, as has
    been reported, able to essentially seize and confiscate some of
    the ransom, a lot of the ransom and to hit the bad guys right
    where it hurts.
        In other cases, it is not all the time, but it does happen,
    sometimes through other work we have done, we might have the
    decryption key and be able to help the company unlock their
    data without having to pay the ransom. Best of both worlds. So
    there is a lot of things we can do. But we can't do as much if
    we are not coordinated with early.
        But our strategy has to be whole of Government working with
    the private sector, working with foreign partners, as you
    mentioned, because invariably these actors are overseas. Going
    after the actors, going after their helpers, going after their
    infrastructure, going after their money. So it is a
    comprehensive type of approach.
        Senator Capito. Well, we want to be, again, as supportive
    as we can because this is a growing problem. Thank you.
        Director Wray. Thank you.
        Senator Shaheen. Thank you. Senator Capito. Before I call
    on Senator Braun, we just had a vote called. My intent, unless
    someone else shows up for the subcommittee, is to go ahead and
    ask Senator Braun and Senator Kennedy for their questioning and
    then to end the hearing. So just so everybody understands where
    we are going. Senator Braun.
        Senator Braun. Thank you, Madam Chair. In court
    submissions, the FBI has noted that it had--trouble. That is
    Okay. FBI had prior knowledge that there were going to--might
    be trouble on that day, and some of it was pretty stark. My
    question is, was there any plan that you were going to
    implement based upon that information being out there prior to
    what occurred on the 6? Was there a plan in place that you had
    ready to go should things unfurl the wrong way?
        Director Wray. Well, we had a couple of things. We had
    prepositioned tactical response unit, SWAT teams from the
    national capital region to be available, if called upon by our
    partners who are responsible for the security of the Capitol
    complex, or attacks elsewhere in the national capital region.
    Because we didn't have, as I said before, intelligence to my
    knowledge that indicated that they were going to be hundreds
    and hundreds of people trying to storm and siege the Capitol.
    So we had prepositioned tactical resources. We had command
    posts that we stood up both in the Washington field office and
    at headquarters in our SIOC that we were running the day before
    to--and the purpose of those, the reason those are important
    because you have got all these other agencies and partners with
    people there too, and the idea is to make sure that everybody
    is getting the same information, you know, as quickly as
    possible, and that is the goal of that.
        So those are some of the things that we were doing
    beforehand. And we, of course, had put out different kinds of
    intelligence products, essentially bulletins and things like
    that over the course of the year leading up to January 6. So
    those are a few of the things that we were doing.
        Senator Braun. Did you share all that information with the
    Capitol Police along the way and especially leading up to when
    you started to see more traffic online?
        Director Wray. Well, I am not aware of any pertinent
    information we didn't share, but I know that we--these
    intelligence products I was listing, of course, those would
    have gone not just to the Capitol Police, but to MPD and all
    the other partners as well. The--to the extent that we had sort
    of late breaking raw information, there has been a lot of
    discussion about this information from our Norfolk Field
    office, that was something that we passed on to our partners,
    including and in particular the Capitol Police, in three
    different ways. Now, that was raw, unverified information.
        But in the abundance of caution, we thought we would better
    get it to people as quickly as possible. And then this command
    post part of it is so important because that is where having
    been in these command posts, you know, every 30 minutes there
    is a briefing where every agency is quickly going through, here
    is what we are hearing, and here is what we are seeing. And
    they are all there and it is all being shared. And that is the
    point of it, to be able to do it in a nimble, agile,
    transparent way.
        Senator Braun. And in retrospect, would you have done
    anything differently?
        Director Wray. Well, certainly we have now arrested, you
    know, close to 500, little over 500, if you include our
    partners, people. And so if we had known that those people were
    going to do what they did, there is all kinds of things we
    would have done differently. We are more broadly trying to look
    at, can we develop better sources to anticipate things like
    this? Can we develop better data analytics to deal with the
    deluge, the terabytes and terabytes of information to separate
    the wheat from the chaff, as it were? We are looking at the
    encryption issue because a lot of the communications between
    the domestic terrorists are happening through encrypted
    platforms that we don't have a ready-made lawful access
    solution to. And of course, we are going to be looking at how
    we review and evaluate open source information, you know,
    social media, that kind of thing.
        Senator Braun. So does that mean you think it was maybe
    more spontaneous than planned? Or would you have--if it had
    been that obvious in terms of the planning of it, probably
    would have done more?
        Director Wray. Well, I think it is a little complicated to
    answer. The reason I say that is because you--in terms of the
    people committing crimes on January 6, you kind of have two
    buckets of people. You have one group of people who clearly
    committed crimes, including violence and destruction, in a more
    spontaneous way. But you also had some other people that we now
    know, we now know from investigative work we are doing after
    January 6, that were particularly bad actors who had
    infiltrated and were more organized among themselves. That is a
    smaller group. But they you know, they are the most dangerous
    ones.
        Senator Braun. One final question. Capitol surrounded by a
    non-scalable fence. To me, in being here, obviously, ever
    since--day since then, hadn't seen any credible threats. You
    may know of more. Do you think that fence needs to remain up or
    can we take it down? Because to me, I think there needs to be a
    good argument that something is impending or likely or either
    it needs to come down not only for the look, but for the cost
    of it to boot. What is your recommendation?
        Director Wray. Yes, I am not sure I could really weigh in
    on that. I mean, we as I mentioned in response to one of the
    earlier questions, we really don't have expertise in static
    defense and physical security in that sense. So that is a
    question really better directed to the people who have that.
        Senator Braun. And have you gotten any cues for any other
    impending incidents that might require you to keep it up? I
    mean, does the intel show that there is an imminent threat of
    anything, or does it show the opposite?
        Director Wray. Well, again, without reference to any
    fencing issue, I don't think, at least to my knowledge, we are
    not tracking any specific or credible threats to the Capitol.
        Senator Braun. Sounds like a good reason to take the fence
    down. Thank you.
        Senator Shaheen. Senator Coons.
        Senator Coons. Thank you, Chairwoman Shaheen, Ranking
    Member Moran. FBI Director Wray, it is great to be with you
    again. And I just want to thank you and the 37,000 men and
    women of the FBI who do the hard and difficult and demanding
    work of keeping us safe each and every day. I am mindful always
    of the sacrifices of law enforcement at the Federal, State, and
    local level. And I join you in grieving the loss, the line of
    duty, death of special agent Daniel Alfin and Laura
    Schwartzenberger earlier this year. I am always conscious of
    the ways in which the safety of the men and women in law
    enforcement is one of the paramount concerns you carry day in
    and day out.
        We also have an obligation to make sure that law
    enforcement is conducting itself in a way that is transparent
    and respectful and appropriate. And I am enthusiastic about the
    president's commitment to have Federal law enforcement now
    deployed with body worn cameras and look forward to hearing
    from you as that is implemented going forward. Back in March,
    when I think I last saw you, I asked for an assurance that the
    FBI as an organization would be as responsive as possible to
    requests from Members of the Judiciary Committee regarding
    outstanding requests for information.
        Senator Whitehouse just spoke to this earlier this week.
    And he and I have requests that are now 2 years old and have
    gone without any response. Will you commit to working with us
    to get appropriate and responsive answers for these outstanding
    questions now from the last Congress?
        Director Wray. I am not tracking the specific piece of
    correspondence, but certainly I will have my staff follow up
    with yours and see how we can be more timely and helpful.
        Senator Coons. Please, because it is something that, you
    know, I think has significantly agitated Senator Whitehouse and
    a number of other Members of the Judiciary Committee about
    responsiveness and transparency. And I would love to work with
    you to get this resolved. We have seen a spike in violent crime
    in a lot of places around the country. My hometown of
    Wilmington is one of them. The President speaking to this
    today.
        And I think we need to ensure that Federal, State, and
    local law enforcement work collaboratively to address this
    uptick. The FBI can be particularly helpful by providing
    training and resources. The county police was associated with
    for a decade, nothing was more desired than a period at the FBI
    Academy, both as a professionalization tool and to build out a
    network of professional colleagues. How does the FBI plan to
    continue to strengthen partnerships with State and local law
    enforcement in cities like Wilmington and in counties like New
    Castle, Delaware?
        Director Wray. So I completely agree that partnerships are
    critical really across everything we do, but especially on
    violent crime. And in fact, one of my four pillars for the
    organization has been partnerships. And my message to our folks
    has been, we want every partner to be able to say there is no
    better partner than the FBI. Now, you mentioned a couple of
    ways in which we do that. The National Academy at Quantico,
    where we train sort of the stars of the future and sort of
    middle, upper middle management in State and local police
    departments that was something we are very proud of. It has
    been around for decades. It was stalled somewhat during the
    pandemic for obvious reasons.
        But I am very excited that it is starting back up again
    soon, and we expect to be all in on that. Now, locally, we try
    to do it through task forces where we try to have our two, the
    FBI's two plus our partners to equal more than four, make it
    five, six, seven. And there have been some great examples of
    that, including in Wilmington. I know there was a gang, I think
    it was like the g-shine gang or something like that, where I
    think there were close to 40 arrests. But what was interesting,
    the reason I bring that one up is that during the pandemic,
    Federal grand juries were largely on hold in a lot of places,
    including in Delaware.
        But our folks were able to basically take our investigative
    work, working with our State and local partners. And so most of
    the arrests ended up being local arrests, but with an FBI
    investigation to support them. So it is a great example of the
    point you are making.
        Senator Coons. Well, I look forward to that continued
    partnership and to strengthening and deepening it. On the body
    worn cameras, the directive that they be deployed, ATF, FBI,
    DEA, marshals, I support--does your budget fully support that
    deployment and implementation or do you need additional funding
    to fully implement that?
        Director Wray. It is a good question. We will need--right
    now the budget request that we have is geared not towards the
    FBI agents and body worn cameras, but towards our task force
    officers. And again, not the cameras themselves, but through
    all the pretty significant expense associated with the storage
    of the footage. On the FBI side we are--as you referenced,
    there is a phased in plan that includes a pilot in a couple of
    field offices for us. And then it will go from there. And we
    will certainly need, you know, potentially quite significant
    resources to be able to cover the costs for all of our
    personnel if not just the storage, but from their case, the
    cameras themselves.
        Senator Coons. Well, I look forward to getting an updated
    request from you in that regard. When it comes to NICS
    background checks, last year there was a 40 percent increase in
    NICS background check requests compared to the previous year.
    That pace may simply increase again this year. And given the
    current rules, if the NICS system doesn't return a result
    within 3 days, buyers are permitted to proceed. Has the NICS
    been able to keep pace with this steadily increasing workload
    or are there more guns now being sold after a background check
    wasn't completed within that 3 day window? And are you planning
    to request increase resources for NICS?
        Director Wray. So the good news is that our workforce at
    NICS is extraordinary and very hard working. And even with the
    40 million record breaking number of checks we had last year,
    they were still able to process 95 and 96 percent of the
    requests within the 3 days. But as you mentioned, the pace is
    increasing even this year. As far as whether we have enough
    resources for it, the supplemental that we got covered us for
    essentially 2 years in terms of increases, which is why we--you
    didn't see more of it in the 2022 budget request. But, but we
    absolutely will need more resources for NICS following that,
    because otherwise it is just a short term fix.
        Senator Coons. My last question, Mr. Temporary----
        Senator Moran. Well, this is a question for Senator
    Kennedy, who was cut--was held the exact time in the other
    subcommittee. May I continue to recognize Senator Coons and
    then recognize you, Senator Kennedy?
        Senator Coons. Last question with forbearance of Senator
    Kennedy. Deeply appreciated. I think all of us are concerned
    about steadily increasing efforts by China in espionage, in
    trade secret theft, and some of the ways in which we have seen
    both state, non-state actors recently engaged in a variety of
    expensive, complex, and difficult attacks. Does the FBI need
    additional resources to protect the private entities who lack
    the resources to resist sophisticated State sponsored cyber-
    attacks?
        Director Wray. Well, we are essentially asking for more
    resources, a lot of it which would be going to that mission
    both through the counterintelligence enhancement that we
    requested and through our cyber enhancement. But there is no
    question that there is no counterintelligence threat greater
    than the threat posed by China, and we are opening a new, as I
    mentioned in my opening new investigation, every 12 hours, 10
    to 12 hours. And it is about a 13 percent economic espionage
    investigation increase over the last decade. And so this is a
    challenge that dwarfs in many ways the resources we have. So
    anything that the Congress can send our way to help with this
    will be put very much too good use.
        Senator Coons. Well, thank you very much, Director. And
    thank you for your forbearance, Senator Moran and Senator
    Kennedy.
        Senator Moran. Senator Kennedy is recognized.
        Senator Kennedy. I am going to follow up, Mr. Director, on
    a point made by Senator Leahy. He talked about the massive
    voter suppression that he is expecting in 2022. Do your
    intelligence reports show they are going to be--there is going
    to be massive voter suppression in 2022?
        Director Wray. I don't believe I characterized the voter
    suppression threat as massive, and I am not aware of any
    intelligence assessment we have done that quantifies it.
    Certainly, voter suppression is a concern. It is something we
    investigate, something we pursue.
        Senator Kennedy. Okay. On the NICS database, where do you
    get--where do you get the information for?
        Director Wray. For the NICS database? So a lot of sources,
    but most of the information is coming from State and local law
    enforcement.
        Senator Kennedy. Are they all sending in all the
    information they are supposed to?
        Director Wray. We are continuing to improve that. The Fix
    NICS Act that Congress put in place has been a big help in that
    regard. And every year we are increasing the completeness of
    the NICS database. But there is still room for improvement.
        Senator Kennedy. But there is still a lot of holes in it,
    aren't there?
        Director Wray. There are, yes.
        Senator Kennedy. Yes. And the truth is, I mean, for some I
    don't want to paint with too broad a brush, but my
    understanding is that for some at the State and local level, it
    is just not a priority. It is not that they are sitting around
    watching Netflix. They just have got--they are busy doing other
    stuff. Would that be a fair statement?
        Director Wray. Well, I understand why you would describe it
    that way. I have got to be a little bit careful to characterize
    our partners as, you know, distracted. But I will say that, I
    mean, I have gone out to NICS and put on the headset and sat
    there with the operator, listen to the calls and see how it
    works. And, you know, some of these things, especially when you
    start getting into, you know, misdemeanor, domestic violence
    offenses, and things like that, it can get kind of complicated.
        And if the records out in whatever jurisdiction aren't
    ready at hand or clear, it can become a real challenge. And
    that was magnified during the pandemic, you know, because a lot
    of departments, local departments, you know, were not at work.
    And so that----
        Senator Kennedy. Well, I just--I hear--I read about the
    President and others saying, well, the problem is we need to
    expand background checks. And it just seems to me that a big
    part of our problem, nothing is perfect, of course, but a big
    part of our problem is that the current system we have is only
    as good as the information inputted and all the information
    isn't being inputted. It is just not. And I think Fix NICS did
    help. And I think it is better, but I don't think it is well.
    And it would seem to me that that would be a logical place to
    start. Is my thinking faulty?
        Director Wray. I don't think your thinking is faulty. I
    think we all share the goal of keeping guns out of the hands of
    those illegally prohibited from having them, which should be
    the table stakes in this endeavor. And that is what the NICS
    system is designed to do. To the extent that the holes that you
    identified are holes in different agencies and departments, you
    know, a patchwork around the country, you know, I would be
    remiss if I didn't point out that some of them may need, you
    know, grant funding or resources to help them because it may be
    a resource issue for them.
        Senator Kennedy. I am not suggesting they are just sitting
    around watching Netflix. They are working. They have been
    'cussed and discussed and accused of everything in the world,
    and their budgets has been cut. And then we wonder why crime
    goes up. So I am not criticizing them. I am just pointing out
    that it seems to me that the system is only good as the data
    that is been put into it. Let me ask you a final question. I
    just want your opinion on this. Why do you think Chicago has
    become the largest outdoor shooting range in the world?
        Director Wray. Well, I mean, I think I have referenced a
    lot of the factors from a national perspective. I don't know
    that I can sit here right now give you a Chicago specific
    explanation, but certainly some of the same trends that I
    described nationally would undoubtedly be at play in Chicago. I
    know that, you know, over the past year, we have had, you
    know--this is just the FBI now, you know, 270 gang arrests in
    Chicago, 150 maybe violent crime arrests. And that is just in
    the past year or so. And I know that our partners there. We
    have some great partners in Chicago, you know, police
    department, among other agencies, and they are all stretched
    pretty thin.
        Senator Kennedy. Thank you, Mr. Director.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Moran. Senator Kennedy, thank you. If there is no
    further questions to be asked this afternoon, Senators have
    until June the 29 to submit additional questions for the
    subcommittee's official hearing record. We request that the FBI
    respond within 30 days. The subcommittee stands in recess.
        [The following questions were not asked at the hearing, but
    were submitted to the Federal Bureau of Investigation for
    response subsequent to the hearing:]
                  Questions Submitted to Hon. Christopher Wray
                  Questions Submitted by Senator Patrick Leahy
        Question 1. Last fall, Vermont was the first State to pass a bill
    that prohibits police from using facial recognition technology without
    the express consent of the legislature. I am proud of Vermont for
    leading the way on guarding Vermonters' civil liberties against this
    often inaccurate technology. Body worn cameras with facial recognition
    technology create such a significant risk of misidentification that
    even body camera vendors are shifting away from this technology. The
    FBI's fiscal year 2022 budget includes $6.2 million to provide software
    and video storage for body worn cameras of federally deputized Task
    Force Officers.

            a.  Does the FBI utilize body worn cameras with built-in facial
            recognition technology? What concrete steps will the FBI take
            to protect Americans' civil liberties from widely known risks
            of misidentification by facial recognition technology?

        Answer. The FBI's body worn cameras, currently implemented in one
    field office, do not have any facial recognition technology.

            b.  How does the FBI plan to safeguard stored body camera
            footage from improper access and use?

        Answer. The storage environment for BWC metadata and recordings
    will be encrypted in transition and at rest. The FBI's storage
    environment will be governed and validated automatically by the
    Sentinel case authentication services REST Application Programming
    Interface. Files will contain a refence to the unique hash value of the
    contents for every recording. The Department of Justice will soon
    release additional information and guidance regarding the use of body
    worn cameras.

        Question 2. When I asked you whether additional resources from
    Congress to combat voter suppression and other Federal election crimes
    would be helpful, you responded that ``we're busier than we ever have
    been'' and that ``if Congress sees fit to send us more resources on
    this . . . I'm quite confident that it will be put to good use.''

            a.  What is your assessment for why the FBI is busier than it
            has ever been with respect to combatting Federal election
            crimes? Has there been a significant uptick in alleged Federal
            election crimes? Is there a discernible pattern regarding who
            exactly are allegedly committing these crimes--for example,
            State level officials?

        Answer. The FBI is the primary agency responsible for investigating
    illegal cyber activity against election infrastructure, malign foreign
    influence operations, and election-related crimes, like voter fraud and
    voter suppression or intimidation. At the FBI, we work closely with our
    intelligence community partners, as well as other Federal, State,
    local, Tribal, and territorial partners, to share information, bolster
    security, and identify and disrupt any threats.
        Because of the expanded foreign influence operations we have
    witnessed, we broadened and significantly added resources to our
    Foreign Intelligence Task Force (FITF) and not just to efforts related
    to Russia, but also to add China and Iran, because those countries are
    looking for different ways to take a page out of the malign foreign
    influence playbook that they've seen elsewhere.
        At the State and local level, the FBI has Election Crimes
    Coordinators (ECCs) in each field office to assess allegations of voter
    fraud, civil rights violations, campaign finance crimes, and other
    potential threats to primaries and general elections. The FBI worked
    closely throughout the 2020 electoral process with local and State
    officials, public representatives, and USIC partners to educate,
    prepare, and facilitate a whole-of-society response to any and all
    election-related matters.

            b.  If Congress is able to provide you with additional
            resources to combat Federal election crimes, what exactly would
            those resources be utilized for? Please list the key areas of
            the FBI's efforts combatting Federal election crimes that could
            be bolstered or expanded given additional resources from
            Congress.

        Answer. The FBI, along with its Federal, State, local, Tribal,
    territorial, non-governmental and private-sector partners nationwide,
    work together in unprecedented ways to combat foreign interference
    efforts and support election officials, political organizations,
    campaigns, and candidates in safeguarding their infrastructure.
    Certainly, additional resources would support these efforts.
        In an effort to increase the FBI's ability to identify, initiate,
    and investigate election crime matters, the FBI established the
    Campaign Finance and Ballot Fraud Initiative. This initiative
    designated Special Agents as Election Crimes Coordinators in each FBI
    field office and also assigned intelligence personnel to support
    efforts to combat these crimes. These personnel are the points of
    contact for all election-related issues within the agency, including
    those related to public corruption, civil rights, cyber crimes, and
    terrorism incidents, and they liaise as necessary with State and local
    election officials, State/local law enforcement agencies, and the U.S.
    Attorney's Offices.
        As performed in the lead-up to the 2020 election, the FBI
    investigates so-called ``dark money'' schemes, through which donors to
    political spending or campaign contributions by groups are not
    disclosed and the source of the contributions are unknown. Many times,
    these dark money groups are used to mask illegal activities such as
    foreign contributions, bribes, or quid pro quo arrangements. The FBI
    will also continue to investigate instances of voter and ballot fraud,
    voter intimidation/suppression, cyber hacks, and PAC/Super PAC
    violations.
        In addition, in the fall of 2017, the FBI established the Foreign
    Influence Task Force (FITF) to identify and counteract malign foreign
    influence operations targeting the U.S. The FITF is led by the
    Counterintelligence Division and is comprised of agents, analysts, and
    professional staff from the Counterintelligence, Cyber,
    Counterterrorism, and Criminal Investigative Divisions. This cross-
    programmatic approach allows the FBI to identify connections across
    programs, to aggressively investigate as appropriate and--importantly--
    to be more agile. Coordinating closely with our partners and leveraging
    relationships we have developed in the technology sector, we regularly
    relay threat indicators that those companies use to take swift action,
    blocking budding abuse of their online platforms. Following the 2018
    midterm elections, we reviewed the threat and the effectiveness of our
    coordination and outreach. As a result of this review, we further
    expanded the scope of the FITF to confront foreign malign operations
    not only of Russia, but also of the People's Republic of China (PRC),
    Iran, and other global adversaries.

        Question 3. We are fewer than 3 months away from the 20th
    Anniversary of the September 11 attacks, and yet there is still hidden
    information about that horrific day that the American people deserve to
    know. Appearing before the House Judiciary Committee two weeks ago, you
    committed to working with the Director of National Intelligence to
    ensure greater declassification of documents related to Saudi Arabia's
    involvement in the September 11 attacks.

            a.  Is that conversation ongoing? When can we expect to see a
            full declassification review of all aspects of the FBI's
            investigation into Saudi Arabia's role in 9/11?

        Answer. The FBI recognizes the public importance of documents
    related to 9/11 and we have worked diligently to produce over 10,000
    pages of related records.
        The FBI, Department of Justice, and other agencies continue to work
    to satisfy the requirements of Executive Order 14040. Pursuant to the
    Executive Order, since September 11, 2021, the FBI has released newly
    declassified documents related to the attacks, including releases on
    September 11, 2021, November 3, 2021, December 30, 2021, and March 2,
    2022.

        Question 4. During previous appearances before Congress, you
    mentioned that end-to-end encryption across devices and social media
    platforms threatens the FBI's ability to manage threats, particularly
    when it comes to domestic terrorism. You suggested that you believed
    that this was a policy judgement Congress should make but that instead
    it was being made by private companies.

            a.  Please describe, as specifically as possible, the biggest
            issues related to end-to-end encryption from the FBI's
            perspective that you believe this Committee should be aware of
            when considering the balancing of civil liberties with law
            enforcement surveillance.

        Answer. The FBI remains a strong advocate for the wide and
    consistent use of responsibly-managed encryption--encryption that
    providers can decrypt and provide to law enforcement when served with a
    legal order. Protecting data and privacy in a digitally connected world
    is a top priority for the FBI and the U.S. Government, and we believe
    that promoting encryption is a vital part of that mission. But we have
    seen that the broad application of end-to-end and user-only-access
    encryption adds negligible security advantages. What we mean when we
    talk about lawful access is putting providers who manage encrypted data
    in a position to decrypt it and provide it to us in response to legal
    process. We are not asking for, and do not want, any ``backdoor,'' that
    is, for encryption to be weakened or compromised so that it can be
    defeated from the outside by law enforcement or anyone else.
    Unfortunately, too much of the debate over lawful access has revolved
    around discussions of this ``backdoor'' straw man instead of what we
    really want and need.
        The FBI is deeply concerned with the threat that end-to-end
    encryption (E2EE) and user-only-access encryption pose to our ability
    to fulfill the FBI's duty of protecting the American people from every
    manner of Federal crime, from cyber-attacks and violence against
    children to drug trafficking and organized crime. Even with our
    substantial resources, accessing the content of known or suspected
    terrorists' data pursuant to court-authorized legal process is
    increasingly difficult. The often-online nature of the terrorist
    radicalization process, along with the insular nature of most of
    today's attack plotters, leaves fewer dots for investigators to connect
    in time to stop an attack--and end-to-end and user-only-access
    encryption increasingly hide even those often precious few and fleeting
    dots.
        This problem spans international and domestic terrorism threats. We
    face the same problem in protecting children against violent sexual
    exploitation. End-to-end and user-only-access encryption frequently
    prevent us from discovering and searching for victims. When we are able
    to open investigations, end-to-end and user-only-access encryption
    makes it much more difficult to bring perpetrators to justice. If we
    cannot obtain that critical electronic evidence, our efforts are
    frequently hamstrung.
        This problem is not limited just to Federal investigations. Our
    State and local law enforcement partners have been consistently
    advising the FBI that they, too, are experiencing similar end-to-end
    and user-only-access encryption challenges, which are now being felt
    across the full range of State and local criminal law enforcement. As
    this problem becomes more and more acute for State and local law
    enforcement, the advanced technical resources needed to address even a
    single investigation involving end-to-end and user-only-access
    encryption will continue to diminish and ultimately overwhelm State and
    local capacity to investigate even common crimes.

        Question 5. In 2020, the National Center for Missing and Exploited
    Children's (NCMEC) CyberTipline received more than 21.7 million reports
    regarding online exploitation of children--almost 4 million more
    reports than in 2019. NCMEC also received almost twice as many reports
    in 2020 of online enticement of children than it did in 2019.

            a.  Please describe, in as much detail as possible, the steps
            the FBI is taking to combat this disturbing rise in the
            exploitation of children online, particularly on social media
            and online gaming platforms.

        Answer. The FBI's Crimes Against Children and Human Trafficking
    program provides rapid, proactive, and intelligence driven
    investigative response to the abuse to, and exploitation of, children
    when those crimes fall under the authority of the FBI. Currently, the
    FBI leads 86 Child Exploitation and Human Trafficking Task Forces
    across the Nation, which focus on investigating and prosecuting crimes
    against children in partnership with Federal, State, local, and Tribal
    counterparts. The FBI also works with non-governmental entities such as
    Thorn and NCMEC to identify emerging technologies used by child sex
    offenders.
        Over the past 2 years, the FBI has remained focused on protecting
    children from exploitation and abuse in all forms, from interactions on
    a social media platform to hands-on abuse by a trusted adult. In fiscal
    year 2020 and fiscal year 2021, the FBI arrested over 4,100 child sex
    offenders (over 1,650 of whom were contact offenders) and located over
    320 missing or abducted children. The FBI also partnered with
    international law enforcement, including INTERPOL and EUROPOL, to
    identify child predators around the world and bring them to justice.

            b.  Please describe the resources the FBI is providing to
            educate parents about the issue and to help prevent their
            children from online exploitation, particularly with more
            children online during the pandemic.

        Answer. The FBI collaborates with domestic and foreign law
    enforcement agency partners, as well as several non-governmental
    organizations, to identify and address the effects of the COVID-19
    pandemic on child sexual exploitation tradecraft and online
    victimization. For example, since December 2019, the FBI's Criminal
    Investigative Division (CID) has released five public service
    announcements (PSAs) to warn parents, educators, caregivers, and
    children about the dangers of online CSE and the signs of child abuse.
    Specifically, the PSAs included recommendations on how to safeguard
    children from sexual exploitation the dangers of sextortion and online
    extortion, the risks posed by online video games, and how to report
    victimization. The FBI also provides information about online risks and
    resources to parents and children, such as the Safe Online Surfing
    Internet Challenge (https://www.fbi.gov/fbi-kids) and the information
    available at https://www.fbi.gov/scams-and-safety/protecting-your-kids.

            c.  Does the FBI have all of the resources it needs as part of
            this program to meet this growing challenge?

        Answer. As the Committee is aware, every year, thousands of
    children become victims of crimes--whether it is through online
    predators, sexual abuse, violent attacks, human trafficking, or
    kidnappings. The FBI is uniquely positioned to work with Federal,
    State, local, Tribal, and international law enforcement partners to
    identify, investigate, and deter individuals and criminal networks from
    exploiting children. These partnerships are essential because the
    number of violent crimes against children is far greater than what the
    FBI is resourced to address on its own.
        The FBI has several programs in place to arrest child predators and
    to recover missing and endangered children. To this end, the FBI funds
    or participates in a variety of endeavors, including our Innocence Lost
    National Initiative, the Innocent Images National Initiative, the 85
    Child Exploitation Task Forces, and the Violent Crimes Against Children
    International Task Force, which comprises 69 officers from 48
    countries. The FBI also works with non-governmental organizations like
    Thorn and NCMEC, as well as numerous community outreach programs, to
    educate parents and children about safety measures they can follow.
        Finally, the FBI also leverages the Child Abduction Rapid
    Deployment (CARD) Teams, which are rapid-response teams stationed
    across the country to quickly respond to abductions (including
    abductions where the victim met their abductor online). Investigators
    bring to this issue the full array of forensic tools, such as call data
    and cell tower data analysis, behavior analysis, cellular DNA analysis,
    trace evidence, impression evidence, and digital forensics. Through
    improved communications, law enforcement also has the ability to
    quickly share information with partners throughout the world, and these
    outreach programs play an integral role in prevention.
        Employing these tools is expensive but successful. The FBI makes
    every effort to ensure that resources are used efficiently, while
    safeguarding endangered children. The FBI commends the committee's
    dedication to these efforts and appreciates the resources provided to
    combat these horrific acts.
                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question 1. Will you share the specific duties and responsibilities
    of the FBI's Chief Diversity Officer with my office?

        Answer. In April 2021, Director Wray formally appointed Scott
    McMillion as the FBI's first-ever Chief Diversity Officer. Mr.
    McMillion leads the Office of Diversity and Inclusion (ODI), which the
    FBI established in 2012. As part of its mission, ODI oversees our nine
    Diversity Advisory Committees, which advocate for underrepresented
    groups within the workforce. The efforts of these groups have
    culminated in policy changes, innovative projects, and a deeper sense
    of community for minorities, women, and others within the FBI. ODI also
    works to ensure that diversity, equity, and inclusion are key
    components in recruitment, hiring, retention, and promotion efforts as
    well as other processes and programs within the FBI.

        Question 2. Is there a reason the Chief Diversity Officer does not
    report to you directly but reports to an executive two levels below
    you?

        Answer. Director Wray has named Building a High-Performing,
    Diverse, and Inclusive Workforce as one of his three Director's
    Priority Initiatives and, as referenced above, Director Wray formally
    appointed the FBI's first-ever Chief Diversity Officer. The CDO
    position is among the FBI's senior leadership, which provides direction
    and support to all 56 field offices, about 350 resident agencies,
    several specialized field installations, and more than 60 legal
    attaches in other countries.
                                     ______

                 Questions Submitted by Senator Lisa Murkowski
        Question 1. We know from the little data available, that Alaska has
    one of the highest rates of human trafficking in the country,
    specifically affecting our homeless youth and Alaska Native population.
    I am grateful to the phenomenal agents at the FBI field office in
    Anchorage who have been providing training and outreach on this issue
    in Alaska. However, throughout the State there is still a great need
    for comprehensive training and resources on human trafficking in our
    communities. The FBI is an ideal stakeholder with the correct expertise
    to provide this training.

            a.  What additional funding has the Department of Justice
            proposed for the FBI to increase access to training for rural
            communities on human trafficking?

        Answer. The FBI defers to the Department of Justice on proposed
    funding increases; however, the FBI has realigned existing resources
    specifically to address human trafficking and missing and murdered
    indigenous persons (MMIP) in Alaska. In addition, the FBI provides
    between 12-24 training venues on human trafficking and MMIP. The FBI
    also offers access to several national-level conferences, including the
    DOJ-sponsored National Law Enforcement Training on Child Exploitation
    and the Dallas Crimes Against Children Conference, and access to
    virtual webinars covering topics related to human trafficking. In
    addition, in 2020, the U.S. Attorney's Office stood up the Alaska MMIP
    Working Group to address the complexities that arise in these types of
    cases in Alaska. The group is a multi-disciplinary team involving the
    collaboration and coordination of Tribal representatives, Federal,
    State, local and Tribal law enforcement, and social and victim service
    providers.
        In January 2022, the Department of Justice issued its National
    Strategy to Combat Human Trafficking. This document is available online
    at https://www.justice.gov/opa/press-release/file/1467431/download. The
    strategy is a Department-wide effort that lays out a multi-year plan to
    combat all forms of human trafficking. Chapter I of the strategy
    identifies strategies for detecting human trafficking crimes and
    identifying victims and survivors. Additional chapters address topics
    like protection, prosecution, and prevention. Each chapter identifies
    numerous concrete actions intended to be executed within approximately
    1 year. Training is a key part of the strategy, and it includes
    training efforts in rural and Tribal communities.
        The FBI has been very open to surging resources to various parts of
    the country to address emerging threats and will continue to do so.

            b.  We know that survivors of human trafficking need
            specialized services to enter recovery. What additional funding
            has the Department of Justice proposed to support victim
            specialists within the FBI, who are able to connect survivors
            of human trafficking to vital services in the community?

        Answer. The FBI defers to the Department of Justice on specific
    funding requests; however, the FBI takes a victim-centered, trauma-
    informed approach to investigating these cases and strives to ensure
    that the needs of victims are fully addressed at all stages. To
    accomplish this, the FBI works in conjunction with other law
    enforcement agencies and victim specialists on the local, State,
    Tribal, and Federal levels, as well as with a variety of vetted non-
    governmental organizations. Even after the arrest and conviction of
    human traffickers, the FBI often continues to work with partner
    agencies and organizations to assist victims in moving beyond their
    exploitation.

        Question 2. In April 2021, the FBI executed a search warrant on the
    home and business of a couple living in Homer, Alaska. This search
    warrant was related to investigations surrounding January 6. We know
    that the wife was identified using pictures and tips. The couple is
    adamant that this was a case of mistaken identity. I think it is
    important that we get all of the answers about what happened on January
    6, and I am supportive of the FBI in their efforts. At the same time,
    we are also in a moment where public trust in law enforcement is
    fragile and under heavy scrutiny.

            a.  How is the FBI working to ensure that investigations
            respect the constitutional rights of Americans?

        Answer. The FBI has the dual mission of protecting the American
    people and upholding the Constitution. The FBI is committed to
    protecting Constitutional rights, including the First Amendment's
    freedoms of association and assembly. The Attorney General's Guidelines
    for Domestic FBI Activities (AGG-DOM) establish a set of basic
    principles that serve as the foundation for all FBI mission-related
    activities.
        As described in the relevant, unsealed, and redacted search warrant
    affidavit, the search that took place in Homer, Alaska, is related to
    one or more of the hundreds of investigations related to the January 6,
    2021, attack on the U.S. Capitol. Although the search warrant affidavit
    has been unsealed, pursuant to longstanding Department of Justice and
    FBI policy and practice, the FBI cannot provide further information or
    discuss an open investigation. This policy, which has been applied
    across administrations, is designed to preserve the integrity of all
    FBI investigations and the privacy of individuals or entities
    potentially involved in an investigation.

            b.  What efforts has the FBI taken to ensure that that public
            trust in law enforcement is maintained during the course of the
            investigations into the events of January 6?

        Answer. The FBI has deployed our full investigative resources and
    is working closely with our Federal, State, local, Tribal, and
    territorial partners to aggressively pursue those involved in criminal
    activity during the events of January 6, 2021. FBI special agents,
    intelligence analysts, and professional staff have been hard at work
    gathering evidence, sharing intelligence, and working with Federal
    prosecutors to bring charges against the individuals involved.
        We used tip lines and web resources for members of the public to
    provide information to assist in identifying individuals who were
    involved in the violence and other criminal activity. These resources
    allowed the public to submit any images, videos, or other multimedia
    files related to possible violations of Federal law. The FBI has
    arrested hundreds of individuals with regards to rioting, assault on a
    Federal officer, property crimes violations, conspiracy, and other
    charges.
        The FBI has the dual mission of protecting the American people and
    upholding the Constitution. It is important to emphasize that we
    investigate and prosecute individuals for their criminal acts, not for
    their beliefs or based on their associations. We respect the
    Constitutional rights of freedom of speech, association, and assembly
    of all Americans. We open cases based on suspected criminal violations,
    not ideologies, and hold sacred the rights of individuals to peacefully
    exercise their First Amendment freedoms. The FBI may not, and does not,
    open investigations solely on the basis of First Amendment-protected
    activity.

        Question 3. In recent weeks, there has been a dramatic increase in
    the number of reported anti-Semitic incidents across the United States.
    The Anti-Defamation Leagues' Center on Extremism reported that the
    number of anti-Semitic incidents in the U.S. for the month of May
    increased by 115 percent over the number of reports for May of last
    year. These reported incidents varied from assault to vandalism. The
    Alaska Jewish Museum in Anchorage, Alaska was also vandalized in late
    May. A man was reported placing swastika stickers which said the words
    ``We are everywhere'' in bold, black letters. There is absolutely zero
    place for this kind of hatred in Alaska or anywhere else in the United
    States. The FBI has reported that one of the greatest threats to the
    Homeland today is from domestic violent extremists (DVEs) and homegrown
    violent extremists (HVEs). We know that DVEs and HVEs have and likely
    will continue to pose a very real threat to the Jewish Community.

            a.  What efforts is the FBI taking to address the rise in
            antisemitism?

        Answer. To address the intersection of the FBI counterterrorism and
    criminal investigative missions to combat domestic terrorism, and to
    provide justice to those who are victims of hate crimes, the FBI
    formally created the Domestic Terrorism-Hate Crimes Fusion Cell in
    April 2019. This Fusion Cell creates more opportunities for
    investigative creativity, provides multi-program coordination, helps
    ensure seamless information-sharing, and enhances investigative
    resources to combine the domestic terrorism (DT) threat. The Fusion
    Cell has already been helpful in the FBI's efforts to address the rise
    in antisemitism. For example, in November 2019, the work of the Fusion
    Cell resulted in the arrest of Richard Holzer, a Colorado man who
    ultimately pleaded guilty and was sentenced to over 19 years in prison
    for Federal hate crime and explosives charges for plotting to blow up a
    synagogue in Pueblo, Colorado.

            b.  How does the FBI's fiscal year 2022 budget address these
            and other hate crimes, such as the ones perpetrated against
            Asian Americans?

        Answer. The FBI's fiscal year 2022 request includes resources to
    help counter the increasing acts of domestic terrorism occurring across
    the United States. To do this, the FBI has developed advanced methods
    to detect, prevent, and disrupt threats using human resources,
    information, and technology. Specifically, resources requested in the
    fiscal year 2022 budget will be used to: increase the FBI's
    investigative capacity to combat domestic terrorism threats; implement
    technical tools to better screen and analyze threats; and enhance the
    National Threat Operations Center's ability to intake threats from the
    public. These capabilities will help the FBI protect against all
    domestic terrorism threats, including those perpetrated against the
    Jewish and Asian American communities.
        With respect to civil rights and hate crimes, the fiscal year 2022
    request sustains FBI resources, including the Domestic Terrorism Hate
    Crimes Fusion Cell. During fiscal year 2020 and fiscal year 2021, the
    FBI conducted training and liaison events for the Asian American
    Pacific Islander (AAPI) community and plans to continue to communicate
    potential threats and encourage reporting of potential hate crimes.
                                     ______

                Questions Submitted by Senator Joe Manchin, III
        Question 1. We have spoken several times regarding the FBI police,
    and I would like to touch on this again to demonstrate the importance
    of it to my State. First, I want to highlight the exemplary work of the
    75 police officers assigned to the site in Clarksburg, West Virginia
    and the 173 other officers serving at sites in Washington, DC,
    Quantico, VA, and New York City. As you know, because of an inadvertent
    error committed while drafting the legislation, the FBI police force
    are not receiving the pay and benefits in which they are entitled. As a
    result, turnover is high, as officers tend to leave the force for other
    better-paying jobs with other agencies once they receive the proper
    training and security clearances. I know the FBI is has started a
    working group to address the issue, but I would like to, once again,
    receive your commitment to working on this in a timely manner as more
    and more FBI Police leave the force due to pay and benefit
    deficiencies.

            a.  Can you give me a status update on the work of the working
            group on the FBI Police pay and benefit issue?
            b.  When do you believe the working group's work on the issue
            will be completed?

        Answer. The FBI continues to evaluate the needs of FBI Police and
    will continue to work with the Department of Justice, the Office of
    Management and Budget, the Office of Personnel Management, and Congress
    as it assesses possible actions to address identified needs. We
    appreciate Congress' shared interest in FBI Police human capital and
    resourcing needs.

        Question 2. Intelligence reports prior to the January 6 riot warned
    Capitol Police that supporters of President Trump were actively
    promoting violence and targeting Congress itself. The Department of
    Homeland Security specifically notified Capitol Police that they had
    identified a map of the Capitol's tunnel system in online messages
    between ``Stop the Steal'' supporters, and the FBI field office in
    Norfolk also warned the Capitol Police. However, the Capitol Police
    Inspector General also found a lack of consensus among key official
    about whether these reports indicated specific known threats. As you
    know it's impossible to prepare or respond to a threat without as much
    reliable information as possible, and we certainly saw what happens
    when threat information isn't handled effectively on January 6th. This
    brings up a larger issue that I've grown more concerned about during my
    time on the Cyber Subcommittee for Armed Services. Which is how
    potential threats, both physical and cyber, are shared within the
    Federal Government.

            a.  In your capacity, do you feel both your Bureau has been
            sufficiently receiving and relaying threat information with
            other Federal departments, and are you aware if that
            information can then be shared with a specific private industry
            partner if we identify a specific threat toward them?

        Answer. The FBI's intelligence operations span our field offices
    and Headquarters divisions, and we work closely with our partners in
    the intelligence, law enforcement, private sector, and academic
    communities through, for example, the JTTFs and the Domestic Terrorism-
    Hate Crimes Fusion Cell, described above. In addition, the FBI's Office
    of Private Sector exists to enhance the FBI's understanding of the
    private sector's risks and needs, increases collaboration and
    information-sharing between the Bureau and the private sector, and
    mitigates threats through longstanding, mutually beneficial
    partnerships between the private sector and the FBI.
        Throughout 2020, the FBI authored approximately 12 intelligence
    products for our Federal, State, local, Tribal, and territorial law
    enforcement partners disseminating trends we saw in threat reporting
    and criminal activity involving domestic violent extremism. Over the
    preceding year, we observed activity that led us to assess that there
    was potential for increased violent extremist activity at lawful
    protests taking place in communities across the United States.
    Accordingly, in June 2020, we, with our partners at the Department of
    Homeland Security (DHS), issued two separate joint intelligence
    bulletins highlighting the potential for increased violent extremist
    activity at such demonstrations and noting that likely targets would
    include law enforcement and government personnel. More recently, in
    late August 2020, we published an analytical report informing our
    partners that DVEs with partisan political grievances likely posed an
    increased threat related to the 2020 election. In that product, we
    noted that DVE responses to the election outcome might not occur until
    after the election and could be based on potential or anticipated
    policy changes. In December 2020, we contributed to a DHS Intelligence
    In-Depth product, which advised our partners that the threat posed by
    the diverse DVE landscape would probably persist due to enduring
    grievances.
        In the weeks and months leading up to electoral certification, the
    FBI collected and shared intelligence; coordinated and communicated
    among Federal, State, and local law enforcement partners; and
    positioned Federal resources for potential deployment. Through these
    measures, the FBI worked in close coordination with the U.S. Capitol
    Police, the Metropolitan Police Department of Washington D.C., and
    other law enforcement partners leading up to the Joint Session of
    Congress and the planned demonstrations scheduled for January 6, 2021.
    The FBI and our Federal, State, and local partners collected and shared
    intelligence and relevant public safety-related information in
    preparation for the various planned events.

            b.  In your own opinion how do we increase the coordination
            within the Federal Government to respond more quickly and in a
            uniformed way no matter the threat?

        Answer. As a member of both the law enforcement and intelligence
    communities, with domestic and international reach, the FBI is focusing
    our unique authorities, and our ability to engage with international
    law enforcement, domestic victims, and key technology service
    providers, to identify and disrupt cyber adversaries before they
    compromise U.S. networks, and hold them accountable when they do.
        Key to the FBI's strategy is using the information and insight we
    develop through our investigations to support our full range of public
    and private-sector partners. There are many countries, companies, and
    agencies that play roles in defending networks, sanctioning
    destabilizing behavior, collecting cyber threat intelligence, and
    conducting cyber effects operations. We seek to work with all of them,
    in the belief that our collective actions to combat cyber threats are
    most impactful when they are planned jointly and sequenced for maximum
    impact.
        The National Cyber Investigative Joint Task Force (NCIJTF) is
    comprised of over 30 partnering agencies--from across law enforcement,
    the intelligence community, and the Department of Defense--and has the
    primary responsibility to coordinate, integrate, and share information
    in support of cyber threat investigations; supply and support
    intelligence analysis for community decision-makers; and provide value
    to other ongoing efforts in the fight against cyber threats to the
    Nation. In coordination with our partners, the FBI has successfully
    disrupted numerous cybercriminal enterprises, including those deploying
    ransomware, but lasting impact will require joint, sequenced operations
    with our U.S. counterparts and foreign allies as well as a removal of
    the sense of impunity many of these actors currently feel.
        On the front lines of our efforts to investigate and prosecute
    domestic and international terrorism are the FBI-led Joint Terrorism
    Task Forces (JTTFs) and the department's 94 U.S. Attorney's Offices.
    JTTFs provide an essential hub for cooperating on both international
    and domestic terrorism matters across all levels of government
    nationwide. The FBI has established JTTFs across all 56 FBI field
    offices, which leverage enduring partnerships with Federal and State,
    local, Tribal, and territorial agencies to detect, identify, and
    disrupt terrorist threats. Each U.S. attorney's office also coordinates
    a group of Federal, State, local, Tribal, and territorial officials in
    each district, referred to as an Anti-Terrorism Advisory Council
    (ATAC). The ATACs work in close partnership with corresponding JTTFs to
    promote training and information sharing among Federal, State, local,
    Tribal, territorial, and private sector partners in both international
    and domestic terrorism matters. This training and information sharing
    is critical because there are many more State, local, Tribal, and
    territorial law enforcement officers on the ground than there are
    Federal agents, and they may be the first to come across individuals
    planning terrorist acts within their communities. Federal and State,
    local, Tribal, and territorial officials often evaluate these threats
    together, including assessing whether Federal or State charges are
    available to disrupt them, with the goal of preventing terrorist
    attacks before they occur.

        Question 3. I've heard from numerous government officials at the
    Department of Defense, DHS, and even at the FBI and they all have said
    that Cyber criminals are getting smarter and using more and more
    elaborate scheme to steal information to steal and extort millions of
    dollars from individuals and companies. In fact, the FBI's 2020
    Internet Crime Report includes information from 791,790 complaints of
    suspected Internet crime--an increase of more than 300,000 complaints
    from 2019--and reported losses exceeding $4.2 billion. As you know,
    Russia in the SolarWinds hack and China in the Microsoft hack, both
    launched their attacks from, and infiltrated stolen data through
    servers rented from U.S. cloud providers. In May, Colonial Pipeline was
    the victim of a ransomware attack that placed large parts of its
    infrastructure out of operation. Colonial Pipeline paid a ransom demand
    for approximately 75 bitcoins. Fortunately, the Department of Justice
    just announced that it had seized 63.7 bitcoins, valued at
    approximately $2.3 million, which represented a portion of the ransom
    payment made by Colonial Pipeline to individuals in a group known as
    DarkSide. There is no doubt that these types of cyberattacks and ransom
    demands will be the new normal going forward and I hope that we, as the
    U.S. Government, are prepared to put the right mechanisms in place to
    detect and pursue individuals, groups and nations that that strive to
    infiltrate and disrupt our Federal systems and critical infrastructure.

            a.  How extensive are cybercrimes here in the United States?

        Answer. Ransomware is a growing threat to the health and safety of
    the American people and our national and economic security. The
    individuals who conduct cyber intrusions and ransomware campaigns, and
    the officials who direct or harbor them, believe that they can
    compromise U.S. networks, steal our financial and intellectual
    property, and hold our critical infrastructure hostage for ransom, all
    without incurring significant risk themselves.
        In 2020, the FBI's Internet Crime Complaint Center (IC3) statistics
    showed a 20 percent increase in reported ransomware incidents and a 225
    percent increase in ransom amounts. In 2019, the IC3 received 2,047
    ransomware complaints, with adjusted losses of more than $8.9 million--
    though that is likely a small fraction of the true scope of the threat
    because it captures only those who individually reported to the IC3.
    These numbers represent a nearly 40 percent increase in ransomware
    complaints to the IC3, and more than double the adjusted losses
    reported in 2018. In 2020, the IC3 received 2,474 complaints identified
    as ransomware, with adjusted losses of over $29.1 million.
    Unfortunately, what is reported is only a fraction of the incidents
    that occur.
        Because this criminal activity has become more lucrative and
    enticing, it is our job to make it harder and more painful for hackers
    to do what they are doing. That is why we announced a new FBI cyber
    strategy last year, using our role as the lead Federal agency with law
    enforcement and intelligence responsibilities to not only pursue our
    own actions, but to work seamlessly with our domestic and international
    partners to defend their networks, attribute malicious activity,
    sanction bad behavior, and take the fight to our adversaries overseas.

            b.  What are some of the biggest challenges in investigating
            and prosecuting cybercrimes?

        Answer. Cyber criminals focus on exploiting technical
    vulnerabilities, primarily for personal profit. Overall, the
    sophistication of cyber-crime has increased and has become more
    difficult to detect, more resilient, costly to disrupt, aggressive, and
    destructive. We know our most significant threats come from foreign
    actors using global infrastructure to compromise U.S. networks. By
    working with friendly foreign law enforcement agencies and intelligence
    partners, we make it harder for these actors to conceal their
    activities and whereabouts.
        Not every foreign nation helps us in this fight. While we seek to
    disrupt entire cybercriminal enterprises, the most impactful
    consequence we can impose on a malicious cyber actor is an arrest as
    part of a comprehensive disruption. If an actor is in a country like
    Russia or China, an arrest for purposes of facing U.S. charges is not a
    viable option. Neither country extradites its nationals. Even when an
    indicted cybercriminal is in another country, Russia in particular
    takes actions to interfere with our extraditions. To make things more
    difficult, the lines between nation-states and cybercriminal actors are
    sometimes blurred, and even though a foreign nation may not be
    directing a ransomware campaign, it may still be complicit by providing
    a safe haven to those malicious actors who are doing harm to the United
    States, our citizens, and our businesses.
        But our allies outnumber our foes, and in just the past few months,
    our work with foreign partners--supported by our legal attaches
    overseas--has led to impactful consequences against cybercriminals and
    sent a strong message that the reach of the U.S. Government extends
    beyond its borders.

            c.  Does the FBI have sufficient authorities and resources to
            successfully pursue cybercrimes?

        Answer. There are several areas in which the FBI must invest now
    and continue to invest in the future to ensure we can keep pace with
    the terrorists, foreign intelligence officers, and criminals we face
    each day. One of these key areas of focus is cyber. The depth and
    breadth of the cyber threat has expanded exponentially in the past
    decade; this phenomenon will continue into the foreseeable future. The
    fiscal year 2022 request includes $55 million and over 175 positions to
    address cyber threats and cybersecurity risks.
        The FBI has been assigned an expanded role in the cyber arena--to
    maintain, on behalf of the entire U.S. Government, a knowledge base of
    cyber threat actors. To keep pace with these threats and to adequately
    address this new role, the FBI must make investments in both personnel
    to investigate state-sponsored hackers, hackers for hire, organized
    cyber syndicates, and terrorists, as well as in technology and tools to
    target these cyber actors. The FBI must equip each field office with
    the necessary investigative, analytical, technical, and administrative
    personnel to adequately address cyber threats. Every field office
    requires an appropriately staffed cyber squad--which we do not have
    today.
        Funding included in the request would also allow the FBI to invest
    in training and developing the cyber workforce. The FBI must have a
    skilled cadre of cyber experts to address the myriad of sophisticated
    attacks employed by our adversaries. Not only should cyber personnel
    have a baseline cyber skill level, but as technical gaps are
    identified, the FBI will need to have resources in place to train
    segments of its cyber workforce.
        The FBI must also continue to prioritize collaboration--with the
    private sector, with partners in the Intelligence Community and other
    Federal agencies, and with our international partners--as many cyber
    actors perpetrate their activities from an ocean away.
        The FBI must also invest in its own cybersecurity infrastructure.
    Internal FBI networks must be protected to ensure we do not become
    victims of the adversaries we investigate. Finally, we look forward to
    continuing to work with Congress, the Department of Justice, and our
    interagency partners regarding these important issues.

        Question 4. I want to turn our attention to a topic that you and I
    have discussed a number of times before--the opioid epidemic. As West
    Virginia has been ravaged by the opioid epidemic, I've supported the
    special agents in charge of the regional FBI office in their efforts to
    catch the largest distributors and try and stem the flow of drugs into
    the State. It's now well known that a single pharmacy in the West
    Virginia town of Kermit, with a population of less than 400 people,
    received shipments of roughly 9 million pain pills over just 2 years to
    a single pharmacy. These events take a toll on Americans not just in my
    State, but throughout the country. And unfortunately, for many of these
    men and women who are caught in this epidemic, more and more people
    face severely limited job opportunities after serving their time for
    crimes committed as a result of their addiction. To help fix this
    problem, I introduced a bill called the Clean Start Act last Congress
    and again this Congress, which seeks to help former addicts with
    criminal records seal those records if they complete a comprehensive
    addiction treatment program and show that they have turned their lives
    around. It is our job as public servants to help those who are unable
    to help themselves, and assisting those who have negatively impacted by
    the opioid epidemic is one of the most impactful things we can do.

            a.  How do you plan on curtailing the opioid crisis in the U.S?

        Answer. The opioid crisis is a serious epidemic that requires a
    multidisciplinary approach involving aggressive investigation and
    prosecution. The FBI is collaborating with partners in the healthcare,
    treatment, and education field to leverage our resources in the fight
    against this deadly epidemic plaguing our communities. We also continue
    to participate in high-level meetings with the Canadian and Mexican
    governments to address public health, public safety, and law
    enforcement opportunities and challenges inherent in countering the
    illegal drug trade overall, to include the current illicit opioid
    crisis.

            b.  How does the FBI plan to combat the accessibility and
            convenience of the sale of opioids online?

        Answer. The FBI created the Joint Criminal Opioid and Darknet
    Enforcement (JCODE), in 2018, as a multi-agency initiative laser-
    focused on combating the borderless, worldwide distribution of illegal
    drugs online. Since that time, JCODE has been relentless in finding and
    arresting drug dealers around the world who attempt to evade justice by
    operating on the darknet, as well as keeping dangerous drugs--
    particularly counterfeit and contaminated drugs--off the streets and
    away from the thousands of people who fall victim every year. JCODE
    provides structure, intelligence, and ever-expanding technological
    capabilities toward disrupting the darknet criminal market place,
    neutralizing bad actors, and protecting our communities.

            c.  What additional authorities do you believe that the FBI
            needs to effectively stop the flow of prescription opiates and
            other illegal drugs into our country?

        Answer. The FBI defers to the Department of Justice on matters of
    legislation; however, as discussed above, the FBI leverages its
    existing authorities and partnerships to combat the illegal drug trade,
    including the illicit opioid crisis.

        Question 5. It is no secret that the talk of Congress right now is
    the possibility of an infrastructure package. However, in order for an
    infrastructure package to be passed, it goes without saying that we
    have to have a way to pay for it and pass some sort of tax reform. One
    of the components of tax reform that is being discussed is increasing
    resources available to the Internal Revenue Service (IRS) to improve
    internal security systems as well as increase enforcement activities.
    Approximately two weeks ago, a number of high profile and wealthy
    Americans had their confidential personal income and tax data leaked by
    a media outlet. The IRS has announced that the agency has opened an
    investigation into the leak of this data, and it has been reported that
    the IRS has recommended that your Bureau also open an investigation
    into this matter. It goes without saying that in lieu of these attacks,
    it would behoove Congress to increase the annual IRS budget so that
    proper systems may be implemented to protect against these types of
    leaks. However, in the interim, we need to ensure that the systems we
    do have in place are working as they were intended.

            a.  What steps has the FBI taken to assist the Department of
            Treasury and the IRS to address these leaks?
            b.  When can we expect the FBI's investigation of the leak to
            conclude? Can we expect the FBI to brief members of this
            Committee following the conclusion of the FBI's investigation
            on the results as well as steps that can be taken going forward
            to prevent these occurrences from reoccurring?

        Answer. As you may be aware, the Secretary of the Treasury has
    testified that the Internal Revenue Service (IRS) is looking into the
    matter as is the Treasury Inspector General for Tax Administration
    (TIGTA). She further stated that the matter had been referred to the
    Treasury Inspector General, as well as the Department of Justice.
        The Department is committed to taking investigative steps as
    appropriately predicated and authorized, carefully reviewing referrals
    we receive, and, as appropriate, considering relevant and admissible
    evidence in light of the Principles of Federal Prosecution. While we
    understand how important this issue is to you, longstanding Department
    policy will preclude us from providing your office with any information
    related to this matter outside the public record.

                             CONCLUSION OF HEARINGS

        [Whereupon, at 3:32 p.m., Wednesday, June 23, the hearings
    were concluded, and the subcommittee was recessed, to reconvene
    subject to the call of the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2022

                                  ----------

                                           U.S. Senate,
               Subcommittee of the Committee on Appropriations,
                                                        Washington, DC.

                           NONDEPARTMENTAL WITNESSES

        [Clerk's Note.--The subcommittee was unable to hold
    hearings on nondepartmental witnesses. The statements and
    letters of those submitting written testimony are as follows:]
               Prepared Statement of the American Bar Association

    April 1, 2021

    The Honorable Jeanne Shaheen,               The Honorable Jerry Moran,
      Chair                                       Ranking Member
    Subcommittee on Commerce, Justice,          Subcommittee on Commerce,
     Science, and Related Agencies               Justice, Science, and
    Committee on Appropriations                  Related Agencies
    United States Senate                        Committee on Appropriations
    Washington, DC 20510                        United States Senate
                                                Washington, DC 20510

    The Honorable Matt Cartwright,              The Honorable Robert
      Chair                                      Aderholt,
    Subcommittee on Commerce, Justice,            Ranking Member
     Science, and Related Agencies              Subcommittee on Commerce,
    Committee on Appropriations                  Justice, Science, and
    United States House of Representatives       Related Agencies
    Washington, DC 20515                        Committee on Appropriations
                                                United States House of
                                                 Representatives
                                                Washington, DC 20515

    Re: Funding for Tribal Courts to Ensure Access to Justice Following the
    U.S. Supreme Court Decision in McGirt v Oklahoma

    Dear Chair Shaheen, Ranking Member Moran, Chair Cartwright, and Ranking
    Member Aderholt:

        On behalf of the American Bar Association (ABA), the largest
    voluntary association of lawyers and legal professionals in the world,
    I write to express our concerns over inadequate funding of Tribal
    criminal justice that has contributed to staggering rates of violent
    crime and victimization on many Indian reservations. This is not a new
    problem.
        The underfunding of the Tribal justice systems has been well-
    documented in report after report for over two decades.\1\ Most
    recently, in 2020, the Bureau of Indian Affairs (BIA) submitted a
    Report to Congress on Spending, Staffing, and Estimated Funding Costs
    for Public Safety and Justice Programs in Indian Country estimating
    that $1.2 billion was needed for Tribal courts to provide a minimum
    base level of service to all federally recognized Tribal nations in
    2018. A recent Supreme Court decision leaves no doubt that even this
    level of funding, which was never achieved, will not be sufficient to
    meet current needs.
    ---------------------------------------------------------------------------
        \1\ U.S. Civil Rights Commission 1991 Report The Indian Civil
    Rights Act: A Report of the United States Commission on Civil Rights;
    the U. S. Civil Rights Commission 2003 Report A Quiet Crisis: Federal
    Funding and Unmet Needs in Indian Country; the Indian Law and Order
    Commission 2013 report A Roadmap for Making Native America Safer:
    Report to the President & Congress of the United States; the U.S.
    Department of Justice, Attorney General's Advisory Committee on
    American Indian/Alaska Native Children Exposed to Violence 2014 Report
    Ending Violence So Children Can Thrive; and the U. S. Civil Rights
    Commission 2018 report Broken Promises: Continuing Federal Funding
    Shortfall for Native Americans.
    ---------------------------------------------------------------------------
        In July 2020, the United States Supreme Court recognized the
    inherent Tribal jurisdiction over Native American sovereign lands in
    Oklahoma. In its decision in McGirt v Oklahoma, the Court recognized
    that simply because a State encroaches onto sovereign Indian Lands,
    that does not give the State authority to exercise jurisdiction to
    prosecute State law crimes in contravention of treaty provisions.
        As a result, Tribal and Federal courts and law enforcement must now
    devote substantial resources to criminal cases that had been heard in
    State court prior to the decision in McGirt. On March 11, 2021, the
    Oklahoma Court of Criminal Appeals confirmed that both the Cherokee
    Nation and Chickasaw Nation reservations are intact based on McGirt,
    and the State courts within each of the reservation counties have
    started releasing defendants to be retried before Tribal and or Federal
    courts. (The Oklahoma Court of Criminal Appeals has not yet ruled on
    cases involving the Seminole Nation and the Choctaw Nation.)
    Consequently, several thousand cases will now be redirected to Tribal
    courts in Oklahoma, creating an even greater need for funding to ensure
    adequate numbers of judges, support staff, facilities, and equipment to
    address these long overdue proceedings. The need will, of course, be
    much greater if McGirt impacts treaties outside of Oklahoma.
        The American Bar Association has long affirmed that Tribal justice
    systems are the primary and most appropriate institutions for
    maintaining order in Tribal communities. We have repeatedly urged the
    United States Government ``to support quality and accessible justice by
    ensuring adequate, stable, long-term funding for Tribal justice
    systems''.\2\ Despite urgent pleas by Tribes, Tribal courts, and
    concerned organizations representing myriad disciplines for the U.S.
    Government to appropriate the funds that are needed to provide the more
    than 350 Tribal justice systems with the resources they need to do this
    important work, there is a critical funding shortfall that needs to be
    recognized and rectified as we enter the fiscal year 2022 budget cycle.
    ---------------------------------------------------------------------------
        \2\ The ABA has adopted extensive policy supporting Tribal court
    funding, accessible at: https://www.americanbar.org/content/dam/aba/
    administrative/crsj/native-american-concerns.pdf.
    ---------------------------------------------------------------------------
        We appreciate the recent attention given to the needs of Native
    Americans in the COVID 19 relief bill. However, the funds included in
    that legislation do not begin to address the funding needed to support
    the specific responsibilities of Tribal Courts. The funding of Tribal
    Courts is an area of long-standing neglect and requires immediate
    attention.
        Therefore, we urge you to address this important funding priority
    this year and we stand ready to assist you in whatever way we can.

        [This statement was submitted by Patricia Lee Refo, President.]
                                     ______

      Prepared Statement of the American Educational Research Association
     fiscal year 2022 appropriations for the national science foundation:
       education and human resources and social, behavioral and economic
                  sciences directorates and u.s. census bureau
        Chair Shaheen, Ranking Member Moran, and Members of the
    subcommittee, thank you for the opportunity to submit written testimony
    on behalf of the American Educational Research Association (AERA). I
    want to begin by recognizing your longstanding support for the National
    Science Foundation and thank you and your staff for your strong
    commitment to maintaining agency flexibility in funding cutting edge
    science. AERA recommends that the National Science Foundation (NSF)
    receive at least $10 billion in fiscal year 2022. This recommendation
    is consistent with that of the Coalition for National Science Funding
    (CNSF), in which AERA is a long-term active member. Furthermore, this
    request aligns with the Biden administration's request and the dear
    colleague letter led by Senator Markey. AERA also recommends $2 billion
    for the Census Bureau, consistent with the recommendation of The Census
    Project.
        AERA is the major national scientific association of 25,000
    faculty, researchers, graduate students, and other distinguished
    professionals dedicated to advancing knowledge about education,
    encouraging scholarly inquiry related to education, and promoting the
    use of research to serve public good. Many of our members are engaged
    in science, technology, engineering, and mathematics (STEM) education
    research. Our members work in a range of settings from universities and
    other academic institutions to research institutes, Federal and State
    agencies, school systems, testing companies, and nonprofit
    organizations engaged in conducting research in all areas of education
    and learning from early childhood through the workforce.
        Given the expertise of the AERA membership, my testimony will focus
    on the importance of the Education and Human Resources (EHR) and the
    Social, Behavioral and Economic (SBE) Sciences Directorates at NSF. In
    addition, many of our members depend on an accurate Census count and
    data from the American Community Survey to do their work.
                          national science foundation
        The Federal investment in research and scientific knowledge at NSF
    has led to innovation and discoveries that are applied in our daily
    lives. We appreciate the bipartisan interest in maintaining U.S.
    leadership and global partnerships in basic research through the
    Federal investments made in NSF.
        The EHR and SBE Directorates are central to the mission of the NSF
    to advance fundamental knowledge and scientific breakthroughs and to
    ensure significant continuing advances across science, engineering, and
    education. EHR support is vital to research discoveries, capacity
    building, and methodological innovations directly related to STEM
    education and learning from early education through workforce
    development. Research and science supported by the EHR and SBE
    Directorates are also inextricably linked to the science and research
    of the other directorates (for example, Computer and Information
    Science and Engineering).
        Furthermore, the EHR and SBE directorates are vital not just to
    producing essential knowledge but also to harnessing that knowledge to
    enhance productivity, innovation, safety, security, and social economic
    well-being. I also wish to highlight the National Science Board Vision
    2030, which calls for expanding the STEM talent pool. Ongoing NSF
    initiatives to broaden participation through programs such as NSF
    INCLUDES in EHR and the Build and Broaden program within SBE are
    examples to increase the diversity of the STEM educator and research
    workforce.
        As indicated in the agency's budget request for fiscal year 2022,
    95 percent of appropriated funds directly supported research and
    science, technology, engineering, and mathematics (STEM) education
    through grants and cooperative agreements in fiscal year 2020, with 80
    percent of funding supporting research at colleges and universities. In
    addition, more than 118,000 K-12 students and 40,000 K-12 teachers
    benefitted from programs that directly engage them in STEM experiences
    within and outside the classroom.
    Education and Human Resources Directorate
        The EHR Directorate at NSF is responsible for providing the
    research foundation necessary to achieve excellence in U.S. STEM
    education. EHR accomplishes this goal by supporting the development of
    a scientifically-literate citizenry as well as a STEM-skilled
    workforce. Advances in the industries of the future, including
    artificial intelligence and quantum information science, require
    building interest and engagement in STEM throughout the lifespan.
        The EHR Directorate commitment to invest in fundamental research
    related to STEM across all education levels and to promote evidence-
    based innovations in teaching practices, instructional tools, and
    programs is essential to advancing STEM education and preparing the
    next generation of STEM professionals. EHR funded researchers are
    asking key questions, for example, about how to spark students'
    interest in math and science and keep them engaged, or about why so
    many students lose interest and confidence and about what can be done
    to keep them engaged. Understanding these and many other questions will
    help the United States build a well-educated and technology-literate
    workforce necessary for a prosperous economic future.
        Key to advancing STEM education research is the EHR Core Research
    (ECR) program, an important resource to the field that builds
    fundamental knowledge and capacity to understand STEM teaching and
    learning and develop the STEM educator and workforce pipeline. ECR
    grants have supported critical work in equity, inclusion, and ethics in
    postsecondary academic workplaces and the academic profession, as well
    as research to improve STEM teaching and learning for students with
    disabilities. We also applaud NSF in investing in midscale research
    infrastructure, serving as a potential resource for addressing key
    needs that include building data infrastructure capacity, constructing
    networked learning laboratories, and developing innovative diagnostic
    assessment tools.
        As the Nation continues to recover from the effects of the COVID-19
    pandemic, research supported by EHR will be critical to fostering STEM
    learning in formal and informal settings. Through the RAPID program,
    EHR provided grants to education researchers to inform remote
    instruction, develop STEM curriculum that incorporated the COVID-19
    pandemic to understand scientific principles, and provide insight into
    issues of equity in STEM education. Additional survey work and research
    supported through RAPID funding highlighted how the pandemic affected
    undergraduate and graduate students, including their engagement and
    interest in STEM and their satisfaction with online STEM coursework.
        Increased investment in EHR is critical to support research to
    inform an educational system that will continue to incorporate
    technology inside and outside the STEM classroom and labs. In addition,
    the EHR Directorate's focus on developing our Nation's scientific
    workforce requires resources to ensure that early career scholars and
    graduate students who have experienced unanticipated disruptions to
    their scientific careers during the pandemic remain in the STEM talent
    pipeline. Some examples include material support to emerging scholars
    (both salary and ``soft support''), mechanisms to connect and build
    communities among scholars, and focus on mentoring.
    Social, Behavioral and Economic Sciences Directorate
        In addition to the significant investments in education sciences
    provided by EHR, AERA values the important role the SBE Directorate in
    funding important education research and in social, family, and peer
    contexts connected to learning. The SBE Directorate also houses the
    National Center for Science and Engineering Statistics (NCSES).
        The SBE Directorate supports research to better understand people
    and reveals basic aspects of human behavior in the context of education
    and learning. SBE funded research adds fundamental knowledge essential
    to promoting the Nation's economy, security, and global leadership.
    Understanding social organizations and how social, economic, and
    cultural forces influence the lives of students is important to
    improving teaching and learning and advancing STEM education.
        The budget for SBE is 4 percent of the budget for Research and
    Related Activities, yet it provides approximately 62 percent of the
    Federal funding for basic research in the social, behavioral, and
    economic sciences at academic institutions.
    National Center for Science and Engineering Statistics (NCSES)
        In addition, AERA has a strong interest in the National Center for
    Science and Engineering Statistics (NCSES) located in the SBE
    Directorate. As one of the Federal principal statistical agencies,
    NCSES provides invaluable statistical information about the science and
    engineering infrastructure and workforce in the U.S. and around the
    world. NCSES collects and analyzes data on the progress of STEM
    education and the research and development, providing valuable
    information on the trajectories of STEM graduates both in STEM and non-
    STEM careers.
        Additional resources in funding and staffing in fiscal year 2022
    for NCSES would support critical activities to develop new data
    techniques building on administrative data and to enhance data tools
    and visualizations to facilitate access to statistical resources. These
    methodological advances will be necessary for NCSES to implement the
    Foundations for Evidence-based Policymaking Act and to build the NSF
    data infrastructure to securely link its survey data with
    administrative data in other Federal agencies.
        NCSES will also play a pivotal role in supporting the overall NSF
    priority to bring the ``Missing Millions'' from traditionally
    underrepresented populations into the STEM pipeline. Expanding NCSES
    surveys and incorporating information on inclusion--including data on
    the participations of LGBTQ+ populations, persons with diverse
    (dis)abilities, and other demographic attributes-can help NSF, other
    science agencies and institutions, and fields of science understand
    disparities in STEM and inform broadening participation initiatives.
                                 census bureau
        I also wish to emphasize the importance of adequate support for the
    Census Bureau, especially critical in the tabulation of data from the
    2020 Decennial Census and in maintaining important survey collections.
    AERA recommends funding the Census Bureau at $2 billion in fiscal year
    2022.
        We appreciated the inclusion of a robust investment in fiscal year
    2021 to ensure that the Census Bureau had the needed resources to
    conduct the 2020 Decennial Census. The requested amount of $2 billion
    for fiscal year 2022 will provide the agency with needed resources to
    process and finalize the enumeration and related activities for the
    2020 Census, which experienced delays due to the COVID-19 pandemic. In
    addition, this amount of funding will provide resources for planning
    for the 2030 Decennial Census and continue the administration of the
    Household Pulse Survey, which has provided valuable, real-time data to
    inform the COVID-19 response. The recommended funding support will also
    allow the Census Bureau to continue to conduct the American Community
    Survey and the Current Population Survey.
        Thank you for the opportunity to submit written testimony in
    support of at least $10 billion for the National Science Foundation and
    $2 billion for the Census Bureau in fiscal year 2022 appropriations.
    AERA would welcome the opportunity to work with you and your
    subcommittee to best further the crucial advances of the National
    Science Foundation and the important data provided by the Census
    Bureau. Please do not hesitate to contact me if AERA can provide
    additional information regarding this recommendation or the significant
    science made possible through the support of these agencies.

        [This statement was submitted by Felice J. Levine, PhD, Executive
    Director.]
                                     ______

              Prepared Statement of the American Geophysical Union
     fiscal year 2022 budget requests for the national aeronautics & space
      administration, national oceanic & atmospheric administration, and
                          national science foundation
        The American Geophysical Union (AGU), a non-profit, non-partisan
    scientific society, appreciates the opportunity to submit testimony
    regarding the fiscal year 2022 budget request for the National
    Aeronautics and Space Administration (NASA), the National Oceanic and
    Atmospheric Administration (NOAA), and the National Science Foundation
    (NSF). AGU, on behalf of its community of 130,000 Earth and space
    scientists, respectfully requests that the 117th Congress appropriate
    the following:

      --$9 billion for NASA's Science Mission Directorate (SMD),
      --$150 million for NASA's Office of STEM Engagement,
      --at least $6.9 billion for NOAA, and
      --at least $10 billion for NSF.

        AGU's appropriations requests for each respective agency take into
    consideration any previous budget cuts and is driven by the need for
    significant investment in Federal research and development to ensure
    that the U.S. remains at the forefront of research and innovation.\1\
    ---------------------------------------------------------------------------
        \1\ The Perils of Complacency, American Academy of Arts and
    Sciences, September 2020, https://www.amacad.org/sites/default/files/
    publication/downloads/Perils-of-Complacency_Report-Brief_4.pdf
    ---------------------------------------------------------------------------
                  national aeronautics & space administration
        AGU requests that Congress appropriate $9 billion for NASA's
    Science Mission Directorate (a 23 percent increase over fiscal year
    2021 levels) and $150 million for NASA's Office of STEM Engagement (an
    18 percent increase over fiscal year 2021 levels). This request will
    allow NASA to remain on track to steadily advance existing and new
    missions, provide unique opportunities for the next generation of STEM
    professionals and ensure that the U.S. maintains its global leadership
    in the Earth and space sciences.
        Additionally, we request that Congress appropriate equitable
    funding increases across the science mission divisions within NASA's
    Science Mission Directorate.
    Earth Science and Planetary Science Divisions
        Over the last 5 years, billion-dollar disasters have cost the
    United States more than $600 billion and this trend is projected to
    worsen.\2\ It is critical that we increase our investments in NASA's
    Earth Science Division to better understand how Earth's weather and
    climate is changing on daily and long-term scales. Additionally, NASA
    Earth Science produces critical information and data that public and
    private sector decision-makers use to mitigate the resulting risks and
    understand the opportunities.
    ---------------------------------------------------------------------------
        \2\ NOAA National Centers for Environmental Information (NCEI) U.S.
    Billion-Dollar Weather and Climate Disasters (2021). https://
    www.ncdc.noaa.gov/billions/, DOI: 10.25921/stkw-7w73
    ---------------------------------------------------------------------------
        The missions and discoveries of the Planetary Science Division
    inspire future generations of scientists and STEM professionals to
    choose science as a career. Robust funding for Planetary Science will
    allow NASA to pursue human space exploration of the Moon and Mars
    without sacrificing other decadal priorities, such as a balanced
    portfolio of missions and other exploration targets in our solar
    system.
        Earth and planetary sciences are complementary and integrally
    related to one another. From picking the perfect day to launch a
    satellite to ensuring that our understanding of other planets is
    accurate, our knowledge of Earth informs our understanding of other
    worlds in the solar system. In turn, our exploration of other worlds
    advances our knowledge of Earth's evolution and processes.
    Heliophysics Division
        Increased funding for Heliophysics will support the continuation of
    the Diversify, Realize, Integrate, Venture, Educate (DRIVE) initiative.
    DRIVE's focus includes enabling novel technologies such as advanced
    computational tools, creating DRIVE Science Centers across the country,
    and supporting the work of early career investigators. Increased
    Heliophysics funding will also advance innovation to address space
    weather, including observational and computational capabilities, as
    well as research-to-operations and operations-to-research efforts. A
    better understanding of space weather will benefit our space- and
    ground-based national security assets and safeguard human health
    against radiation during long-duration deep space exploration
    activities.
    Office of STEM Engagement
        As our country recovers from the COVID-19 pandemic, we must ensure
    that our educational institutions also survive. As such, it is critical
    that we invest in programs such as NASA's efforts to re-engage and
    support students interested in STEM. Increased funding for NASA STEM
    programs, including Space Grant, Minority University Research and
    Education Project (MUREP), and Established Program to Stimulate
    Competitive Research (EPSCoR), will directly benefit every State in the
    Nation by providing additional opportunities for STEM students of all
    ages.
                 national oceanic & atmospheric administration
        AGU requests that Congress appropriate at least $6.9 billion for
    NOAA in fiscal year 2022 (29 percent increase over fiscal year 2021
    levels). From weather forecasts to fisheries data, to groundbreaking
    research about the world around us, NOAA provides critical data,
    products and services that are essential to our Nation's economic
    stability and directly benefit the American public, planners, emergency
    managers, and other decision makers. However, NOAA has been severely
    underfunded in previous spending bills and proposals. Since fiscal year
    2018, NOAA's funding has been cut by nearly seven percent.
        From large corporations to small businesses, the decision-based
    forecasts provided by NOAA save vital time, money, and resources. Just
    last year, nearly half of the record 30 named tropical storms during
    the Atlantic hurricane season made landfall-of which seven produced at
    least $1 billion each in damages.\3\
    ---------------------------------------------------------------------------
        \3\ NOAA's National Centers for Environmental Information.
    Calculating the cost of weather and climate disasters. https://
    www.ncei.noaa.gov/news/calculating-cost-weather-and-climate-
    disasters
    ---------------------------------------------------------------------------
        NOAA science also plays a critical role in informing the world
    about changes in the climate system, as well as the effectiveness of
    certain mitigation strategies. For example, agricultural production can
    be boosted by an estimated $300 million annually with improved El Nino
    forecasts.\4\ However, NOAA is struggling to meet the increasing demand
    for climate data.\5\ Significantly investing in climate research and
    filling the consistent gaps in NOAA's workforce are both critical to
    help the agency meet this need. Without robust funding at NOAA, we risk
    losing the data needed to make informed and proactive decisions, and
    our National and economic security will be left in a dangerously
    vulnerable position.
    ---------------------------------------------------------------------------
        \4\ NOAA's Climate Program Office. https://cpo.noaa.gov/Our-Work/
    Success-Stories
        \5\ Remarks from NOAA officials during House Committee on
    Appropriations hearing (15 April 2021). https://
    appropriations.house.gov/events/hearings/increasing-risks-of-climate-
    change-and-noaas-role-in-providing-climate-services
    ---------------------------------------------------------------------------
                          national science foundation
        AGU requests that Congress appropriate at least $10 billion for NSF
    in fiscal year 2022 (an approximately 18 percent increase over fiscal
    year 2021 levels). Ambitious and robust funding for NSF is critical if
    the U.S. hopes to maintain its leadership in science and technology and
    reap the economic and national security benefits of that leadership.
        As an example of the benefits of NSF investments, throughout the
    fight against the COVID-19 pandemic, we have reaped the benefits of
    decades of NSF investment in additive manufacturing and 3-D printing,
    which have enabled the scale up of PPE production, the understanding of
    the ecological transmission of zoonotic diseases, and supercomputing to
    better track the spread of the pandemic.
        However, the pandemic also highlighted the need to increase future
    investments in NSF, especially for STEM programs and systems and
    convergent science to ensure greater understanding of and resilience to
    pressing societal issues, including climate change, which present
    extremely challenging and complex scientific questions.
        In STEM, of particular need of support are K-12 education,
    including furthering our understanding of online teaching
    effectiveness, and programs for graduate students and early career
    students who can too easily fall out of the STEM pipeline at a time
    when our country needs future innovators. Increased funding for NSF is
    also needed to expand STEM opportunities and capacity evenly throughout
    our country, from urban and rural communities to Tribal colleges and
    universities and minority-serving institutions. To remain competitive,
    we must develop a more diverse and inclusive STEM workforce that will
    ask novel questions that will power the science and innovations that
    shape our future.
                                   conclusion
        At a time when our Nation is recovering and has many pressing
    priorities that need to be addressed, the future of the U.S. will be
    strengthened by strong and sustained investments in the full scope of
    our research enterprise--particularly the science and education
    programs within NASA, NOAA, and NSF. AGU appreciates the subcommittee's
    leadership in these areas, as well as the opportunity to submit this
    testimony. Thank you for your thoughtful consideration of our requests.

        [This statement was submitted by Brittany Webster, Program Manager,
    Science Policy & Government Relations and Michael Villafranca, Senior
    Specialist, Science Policy & Government Relations.]
                                     ______

     Prepared Statement of the American Indian Higher Education Consortium
        On behalf of the Nation's Tribal Colleges and Universities (TCUs),
    which are the American Indian Higher Education Consortium (AIHEC), we
    are pleased to present our fiscal year 2022 recommendations regarding
    the National Science Foundation's TCU Program (NSF-TCUP), Louis Stokes
    Alliance for Minority Participation (LSAMP), and the National
    Aeronautics and Space Administration's Minority University Research and
    Education Project (NASA-MUREP). We respectfully recommend the following
    funding levels:
    National Science Foundation (NSF)
    Education and Human Resources Directorate (EHR):
      --Tribal Colleges and Universities Program (TCUP): TCUs urge the
            subcommittee to fund competitively awarded NSF-TCUP grants at a
            minimum of $20,000,000 for fiscal year 2022.
      --Louis Stokes Alliance for Minority Participation (LSAMP): TCUs urge
            the subcommittee to support the NSF-LSAMP program with an added
            emphasis for American Indian, Alaska Native, and TCU students.
      --TCUs support President Biden's $100 million request to advance
            racial equity in science and engineering.
    National Aeronautics and Space Administration (NASA)
      --NASA Headquarters, Office of Education--Minority University
            Research and Education Project (MUREP): TCUs urge the
            subcommittee to expand the NASA MUREP program with robust
            funding and establish a TCU-specific program within MUREP at
            $5,000,000 for fiscal year 2022
      --TCUs support President Biden's $20 million request to expand
            initiatives to attract and retain underserved and
            underrepresented students in engineering and other STEM fields.
    Tribal Colleges and Universities: Raising and Training the Nation's
            Native STEM Workforce
        TCUs are an essential component of American Indian and Alaska
    Native STEM education, research, and workforce. Currently, 37 TCUs
    operate more than 75 campuses and sites in 16 States. TCU geographic
    boundaries encompass 80 percent of American Indian reservations and
    Federal Indian trust lands. American Indian and Alaska Native (AI/AN)
    TCU students represent more than 230 federally recognized Tribes and
    hail from more than 30 States. Nearly 80 percent receive Federal
    financial aid and more than half are first generation students. In
    total, TCUs serve more than 160,000 AI/ANs and other rural residents
    each year through a wide variety of academic and community-based
    programs. TCUs are public institutions accredited by independent,
    regional accreditation agencies and, like all U.S. institutions of
    higher education, must regularly undergo stringent performance reviews
    to retain their accreditation status.
        The Federal Government, despite its direct trust responsibility and
    binding treaty obligations, has never fully funded TCU institutional
    operations as authorized under Federal law. Yet despite funding
    challenges, TCUs are responding to the STEM workforce needs across the
    country. In fall 2020, 1,733 TCU students were enrolled in one of 191
    STEM program at TCUs. TCUs have established programs in high-demand
    fields: 11 TCUs offer pre-engineering programs, two TCU offers
    bachelor's degrees in industrial and electrical engineering, five TCUs
    offer STEM teacher education programs, and 14 TCUs offer nursing
    programs. These efforts are preparing AI/AN nurses, engineers, and
    science and math teachers who contribute to a robust pipeline of STEM
    professionals in Indian Country. TCUs also train professionals in other
    high-demand STEM fields, including agriculture, information technology,
    and natural resource management.
        TCUs know that to break the cycle of generational poverty and end
    the culture of dependency that grips much of Indian Country, TCUs must
    bring industry partners and STEM jobs to Indian Country. TCUs and
    Tribes must promote new Native-owned and operated STEM-based
    businesses, create public-private partnerships, and build a culture of
    self-sufficiency and innovation. NSF and NASA funding is essential in
    supporting this effort to promote STEM-enabled economic development in
    Indian Country and throughout rural America.
        Each of the following Federal grant programs has invested in the
    development of STEM-centered instruction, research, and job creation
    across Indian country.
                       national science foundation (nsf)
        Education and Human Resources Directorate (EHR)--Tribal Colleges
    and Universities Program (TCUP): TCUs urge the subcommittee to fund
    competitively awarded NSF-TCUP grants at a minimum of $20,000,000. The
    NSF-TCUP, administered by the NSF Education and Human Resources
    Directorate, is a competitive grant program that enables TCUs and
    Alaska Native Serving/Native Hawaiian Serving Institutions (AN/NHs) to
    develop and expand critically needed STEM education and research
    programs relevant to their indigenous communities.
        Since the program began in 2001, NSF-TCUP has become the primary
    Federal program for building STEM programmatic and research capacity at
    TCUs. For example, NSF-TCUP funding supported Navajo Technical
    University (Crownpoint, NM) in the development of its electrical and
    industrial engineering programs, which received accreditation from the
    Accreditation Board of Engineering and Technology (ABET) in 2018. This
    marks a significant milestone, with NTU leading the way as the first
    TCU to receive ABET accreditation.
        There are many success stories at the TCUs. In 2014, Cankdeska
    Cikana Community College, Sitting Bull College, Nueta Hidatsa Sahnish
    College, and Turtle Mountain Community College established an
    engineering education partnership with North Dakota State University
    (NDSU) through funding from NSF TCUP's Pre-engineering Education
    Collaborative (PEEC). The TCUs and NDSU developed a formal curriculum
    and support system for students to obtain a bachelor's degree in
    engineering, beginning with pre-engineering coursework offered
    collaboratively by TCU and NDSU engineering faculty; then students
    transition to NDSU to complete their bachelor's degree. The first
    graduate of the program, Ryan Brown, was a pre-engineering student at
    CCCC who went on to earn his bachelor of science degree in civil
    engineering at NDSU in 2018. Brown returned to the Spirit Lake
    Reservation and currently serves as a project manager for the Spirit
    Lake Tribal Planning Department.
        Growing up in rural Montana, Cody Natoni Sifford (Dine) \1\ pursued
    a degree in environmental science at Salish Kootenai College (SKC)
    (Pablo, MT), participating in several internships with Federal
    agencies, and completing a master's degree in forest resources at the
    University of Washington Seattle. Sifford has since returned to Montana
    to serve as an adjunct professor at SKC and work as a geographic
    information systems analyst for the Confederated Tribes of Salish and
    Kootenai forest department.
    ---------------------------------------------------------------------------
        \1\ Cody Natoni Sifford, Winds of Change, American Indian Science
    and Engineering Society, April 2017. https://woc.aises.org/content/
    cody-natoni-sifford-navajo-confederated-Tribes-salish-and-kootenai-
    geographic-information
    ---------------------------------------------------------------------------
        These success stories notwithstanding, AI/AN students are
    disadvantaged from pursuing STEM-centered career from an early age. AI/
    AN youth have the highest high school drop-out rate of any ethnic or
    racial group in the country. Those who do pursue postsecondary
    education often require developmental classes before taking on a full
    load of college-level courses. Placement tests administered at TCUs to
    first-time entering students in academic year 2018-19 showed that 36
    percent required remedial math. Our data indicates that while 51
    percent will successfully complete the course, many will take more than
    1 year to do so.
        Through NSF-TCUP grants, TCUs and AN/NHs are actively working to
    address this problem by developing strong partnerships with their K-12
    feeder schools to engage students in culturally appropriate STEM
    education and outreach programs. Salish Kootenai College, located on
    the Flathead Indian Reservation, created a 2-year STEM Academy to
    prepare junior and senior high school students for college.
    Participating high school students engage in collaborative work with
    STEM researchers, conduct culturally relevant research, and take
    courses to earn college credit.
        TCUs use NSF-TCUP funding to provide students with valuable
    research experience in STEM fields. Through these opportunities,
    students conduct place-based research that serves their communities and
    can have national and international impacts. At Northwest Indian
    College (NWIC) (Bellingham, WA), students are conducting complex
    research related to food security focused on salmon, shellfish, and
    indigenous sea cucumbers. Through a partnership with Western Washington
    University, NWIC graduates continue to pursue their academic and career
    goals through WWU's master's degree programs. Aaniiih Nakoda College
    (Harlem, MT) faculty and students monitor streams for contaminants and
    are investigating West Nile virus vectors; and Sitting Bull College
    (SBC) (Fort Yates, ND) has established a water quality monitoring
    laboratory serving the Standing Rock Sioux and surrounding communities.
    SBC studies show that students participating in the college's research
    have retention rates that are double the rate of students who are not
    engaged in research.
        Even with its advances and successes, funding for the NSF-TCUP
    program has been stagnant for years. Therefore, not all of the TCUs
    have had an opportunity to benefit from this very important program. We
    urge the subcommittee to expand the competitively awarded NSF-TCUP
    grants at a minimum of $20,000,000.
        Louis Stokes Alliance for Minority Participation (LSAMP): TCUs urge
    the subcommittee to support the NSF LSAMP program with an added
    emphasis for American Indian, Alaska Native, and TCU students. In
    FY2019, $46 million was appropriated for the LSAMP program to support
    historically underrepresented students in STEM fields. However, only
    one TCU was awarded direct funding under this program. The All Nations
    LSAMP (ANLSAMP) program at Salish Kootenai College (Pablo, MT) has had
    tremendous success in increasing AI/AN degree attainment in STEM
    programs. Many small, underfunded TCU STEM programs consider ANLSAMP as
    an important resource for expanding AI/AN student research
    opportunities, sharing best practices, and student support. ANLSAMP
    scholars receive financial support for conference travel, internship
    opportunities, and research stipends, which would otherwise not be
    possible. Through the combined efforts of the 23 TCUs and 11 mainstream
    institutions, more than 2,000 AI/ANs and under-resourced minority
    students have graduated with bachelor's degrees in STEM. Additionally,
    a recent survey revealed that more than 80 percent of ANLSAMP
    participants contacted had either graduated with a STEM major or
    bridged to an advanced degree program. Unfortunately, since the
    creation of the LSAMP program in 1991, NSF has neglected to prioritize
    AI/AN-serving programs, such as ANLSAMP, which are critically needed to
    support STEM degree attainment in Indian Country.
        In 2018, after several years of no funding for a TCU-led grant
    proposal, $1 million was awarded through an LSAMP grant and supplement
    to support TCU students over the next 5 years. However, it is alarming
    that less than one percent of the total $46 million was awarded to TCUs
    in FY2019. ($200,000 was provided in new funding, as a grant
    supplement, to TCUs in FY2019.) We ask that the subcommittee
    specifically urge NSF to strengthen support for AI/AN students through
    the LSAMP grant program.
              national aeronautics and space administration (nasa)
        Minority University Research and Education Project (MUREP): TCUs
    urge the subcommittee to expand the NASA MUREP program with robust
    funding and support a TCU specific program within MUREP at $5,000,000
    for fiscal year 2022. Under its current design, MUREP provides a range
    of competitive awards to Historically Black Colleges and Universities,
    Tribal Colleges and Universities, and other Minority Serving
    Institutions to recruit and retain underrepresented students in STEM
    fields. Due to the competitive aspect of current MUREP programs and
    limited funding, TCUs only receive funding from two MUREP grants: MUREP
    Institutional Research Opportunity (MIRO) and MUREP for American Indian
    and Alaska Native STEM Engagement (MAIANSE).
    MUREP Institutional Research Opportunity (MIRO)
        In October 2019, under the MUREP MIRO program, Sitting Bull College
    received $1 million to further develop curriculum for an environmental
    science master's degree centered on air quality research on the
    Standing Rock Reservation. SBC students and faculty work with NASA's
    Langley Research Center, NASA's Godard Space Flight Center, and the
    University of North Dakota to develop a regional research facility to
    monitor air quality on the Standing Rock Reservation. In the same MUREP
    MIRO award cycle, Navajo Technical University was selected to perform
    critical research and produce parts through its advanced manufacturing
    program for the Space Launch System at NASA's Marshall Space Flight
    Center. NTU's contributions through advanced manufacturing research and
    innovative parts production are advancing space exploration for the
    entire Nation.
    MUREP for American Indian and Alaska Native STEM Engagement (MAIANSE)
        The MAIANSE program provides a unique opportunity for direct
    collaboration between TCUs and NASA to engage students in NASA STEM
    related activities. Despite its popularity and value, participation in
    the MAIANSE program has been limited to three TCU projects each grant
    cycles due to limited funding.
        In order to support the past TCU investment, AIHEC supports
    President Biden's budget request to increase the Office of STEM
    engagement by $20 million and requests that the subcommittee expand the
    NASA MUREP program through robust funding and support a Tribal College
    and University-specific program within MUREP at $5,000,000 for fiscal
    year 2022.
                                   conclusion
        Tribal Colleges and Universities provide access to high-quality,
    culturally appropriate postsecondary education opportunities, including
    STEM-focused programs, for thousands of AI/AN students. The modest
    Federal investment in TCUs has paid great dividends in terms of
    employment, education, and economic development. We ask you to renew
    your commitment to help move our students and communities toward self-
    sufficiency by full considering our fiscal year 2022 appropriations
    requests. Thank you.
                                     ______

      Prepared Statement of the American Institute of Biological Sciences
          fiscal year 2022 funding for the national science foundation
        The American Institute of Biological Sciences (AIBS) appreciates
    the opportunity to provide testimony in support of fiscal year 2022
    appropriations for the National Science Foundation (NSF). We encourage
    Congress to provide NSF with at least $10.2 billion in fiscal year
    2022.
        AIBS is a scientific association dedicated to promoting informed
    decision-making that advances biological research and education for the
    benefit of science and society. AIBS works to ensure that the public,
    legislators, funders, and the community of biologists have access to
    information that can guide informed decision-making.
        Biological research is in our National interest. Increasing our
    knowledge of how genes, cells, tissues, organisms, and ecosystems
    function is vitally important to efforts to improve the human
    condition. Food security, medicine and public health, national
    security, economic growth, and sound environmental management are
    informed by the biological sciences. The knowledge gained from NSF-
    funded research contributes to the development of new research tools
    and industries.
        Biological research strengthens our economy. Research funding from
    NSF powers the expansion of the bioeconomy and has given rise to
    successful companies, such as Genentech, Ekso Bionics, and Ginkgo
    BioWorks, as well as new industries that provide more robust food crops
    or disease detection tools and techniques. The translation of
    biological knowledge into formal and informal education programs foster
    the development of the scientifically and technically skilled workforce
    needed by employers. Data show that employers continue to seek workers
    with scientific and technical skills. Science and engineering
    employment in the United States has grown more rapidly than the
    workforce overall and now represents 5 percent (or about 7 million) of
    all U.S. jobs.
        The cornerstone of NSF excellence is a competitive, merit-based
    review system that underpins the highest standards of excellence.
    Through its research programs, NSF invests in the development of new
    knowledge and tools that solve the most challenging problems facing
    society.

      --Combating emerging diseases: NSF-funded research is playing crucial
            role in our response to the COVID-19 pandemic. Fundamental
            research supported by NSF led to the development of critical
            diagnostic tools and medical devices being used to combat the
            outbreak. NSF supported the discovery of bacteria from thermal
            pools at Yellowstone National Park that contain thermostable
            enzymes that allow for the rapid copying of genetic material
            through a process called Polymerase Chain Reaction (PCR). This
            process was integral to manufacturing a widely used clinical
            test for determining whether a patient has been infected with
            SARS-CoV-2, the virus that causes COVID-19.
      --Mobilizing big data: Access to and analysis of vast amounts of data
            are driving innovation. NSF enables integration of big data
            across scientific disciplines, including applications in the
            biological sciences. Digitization of biodiversity and natural
            science collections involves multi-disciplinary teams, which
            have put more than 125 million specimens and their associated
            data online for use by researchers, educators, and the public.
      --Enabling synthetic biology: DNA editing has become more advanced
            and targeted with techniques such as CRISPR-CAS9 allowing
            scientists to rewrite genetic code and redesign biological
            systems. NSF funds research on how these techniques can be used
            to bio-manufacture new materials, treat diseases, and
            accelerate growth of the bioeconomy.

        Other examples of research that have benefited the public are
    chronicled in the AIBS report, ``Biological Innovation: Benefits of
    Federal Investments in Biology,'' which is available at https://
    www.aibs.org/assets/pages/policy/AIBS-Biological-
    Innovation-Report.pdf.
        The NSF is the primary Federal funding source for biological
    research at our Nation's universities and colleges, providing 67
    percent of extramural Federal support for non-medical, fundamental
    biological and environmental research at academic institutions.
        The NSF is also an important supporter of biological research
    infrastructure, such as field stations, natural history museums, and
    living stock collections. These place-based research centers enable
    studies that take place over long periods of time and variable spatial
    scales.
        Scientific collections are an important component of our Nation's
    research infrastructure. Recent reports have highlighted the value of
    mobilizing biodiversity specimens and data in spurring new scientific
    discoveries that grow our economy, improve our public health and
    wellbeing, and increase our National security. In 2019, the
    Biodiversity Collections Network released their report, Extending U.S.
    Biodiversity Collections to Promote Research and Education, outlining a
    national agenda that leverages digital data in biodiversity collections
    for new uses and calling for building an Extended Specimen Network. A
    2020 report by the National Academies of Science, Engineering and
    Medicine (NASEM), Biological Collections: Ensuring Critical Research
    and Education for the 21st Century, argued that collections are a
    critical part of our Nation's science and innovation infrastructure and
    a fundamental resource for understanding the natural world. Both
    reports articulate a common vision of the future of biological
    collections and define a need to broaden and deepen the collections and
    associated data to realize the potential for biodiversity collections
    to inform 21st century science. This endeavor requires robust
    investments in our Nation's scientific collections, whether they are
    owned by a Federal or State agency or are part of an educational
    institution or free-standing natural history museum or another research
    center. While most Federal agencies have a role to play in supporting
    the development of the Extended Specimen Network, the NSF's leadership
    through the Advancing Digitization of Biodiversity Collections program
    has positioned NSF to play a central role in the development of the
    Extended Specimen Network.
        The NSF supports recruitment and training of our next generation of
    scientists. Support for undergraduate and graduate students is
    critically important to our research enterprise. Students learn science
    by doing science, and NSF programs engage students in the research
    process. NSF awards reached 1,900 colleges, universities, and other
    public and private institutions across the country in fiscal year 2020.
    Initiatives such as the Graduate Research Fellowship and the Faculty
    Early Career Development program are important parts of our National
    effort to attract and retain the next generation of researchers. Since
    1952, the number of students supported by NSF Graduate Research
    Fellowships has grown to more than 60,000. In fiscal year 2020, nearly
    313,000 people, including researchers, postdoctoral fellows, trainees,
    teachers and students, were supported directly by NSF.
        Unfortunately, Federal research and development investments are
    shrinking as a share of the U.S. economy. The U.S. is still the largest
    performer of research and development globally, but our share of
    worldwide scientific activity has declined considerably over the past
    20 years. Countries in East and Southeast Asia, especially China, have
    been rapidly increasing their investments in science. In fact,
    according to the National Science Board and the American Academy of
    Arts and Sciences, China may have recently surpassed the U.S in
    research and development spending. To remain at the global forefront of
    innovation and to fully realize the benefits of NSF-supported research,
    the government must make new and sustained investments in NSF.
    Unpredictable swings in funding disrupt research programs, create
    uncertainty in the research community, and stall the development of the
    next great idea.
        The President's budget request for fiscal year 2022 proposes a 20
    percent boost to NSF. If enacted, this increase will allow for critical
    Federal investments in scientific and educational research, as well as
    support for the development of the scientific workforce. Such an
    increase will also allow NSF to expand support for important new
    initiatives, such as the ``LEAding cultural change through Professional
    Societies (LEAPS) of Biology'' program, which aims to facilitate
    cultural changes in the biological sciences to broaden participation
    and advance diversity, equity, and inclusion.
        Providing the NSF with at least $10.2 billion in fiscal year 2022
    is necessary in undoing the recent stagnant funding that slowed
    American scientific discovery. The requested funding will grow and
    sustain the U.S. bioeconomy and enable NSF to accelerate work on
    important initiatives at the frontiers of science and engineering.
        In addition to the appropriations process, Congress is currently
    considering reauthorization legislation relevant to the scientific
    community, including proposals to significantly expand the mission and
    budget of the NSF. Increasing investments in translational research
    will bolster U.S. global leadership and competitiveness in
    innovation.We ask Congress to also make robust investments in basic and
    foundational research.
        We also urge Congress to pass additional funding for U.S.
    researchers and science institutions to accelerate recovery from the
    COVID-19 pandemic. The Research Investment to Spark the Economy (RISE)
    Act (HR. 869 and S. 289) will help natural history museums, botanical
    gardens, field stations, and other research institutions recover from
    the pandemic. These institutions lost revenue due to reduced,
    postponed, and canceled public programs, including formal and informal
    science education programs. Most of these institutions are non-profits
    and operate with budgets with limited capacity to absorb revenue losses
    resulting from reduced public visitation. Pandemic related closures and
    restrictions have also resulted in the loss of a field season for
    outdoor research, leading to research disruptions and a year's worth of
    critical data not being collected. Emergency relief funding proposed
    under the RISE Act, which includes $3 billion for NSF, would support
    U.S. researchers, including graduate students and postdoctoral
    researchers, who have had research interrupted as a result of the
    pandemic.
        We encourage Congress to continue supporting increased investments
    in our Nation's scientific capacity. Thank you for your thoughtful
    consideration of this request and for your prior efforts on behalf of
    science and the National Science Foundation.

        [This statement was submitted by Jyotsna Pandey, Ph.D., Public
    Policy Director.]
                                     ______

            Prepared Statement of the American Mathematical Society
                          national science foundation
        Founded in 1888, the American Mathematical Society (AMS) is
    dedicated to advancing the interests of mathematical research and
    scholarship and connecting the diverse global mathematical community.
    We do this through our book and journal publications, meetings and
    conferences, database of research publications \1\ that goes back to
    the early 1800s, professional services, advocacy, and awareness
    programs. The AMS has approximately 25,000 individual members worldwide
    and supports mathematical scientists at every career stage.
    ---------------------------------------------------------------------------
        \1\ https://mathscinet.ams.org/mathscinet
    ---------------------------------------------------------------------------
        The AMS appreciates the opportunity to submit written testimony in
    support of fiscal year 2022 appropriations for the National Science
    Foundation (NSF).

        We encourage Congress to provide the NSF with at least $10 billion
    in fiscal year 2022.\2\
    ---------------------------------------------------------------------------
        \2\ This is the same amount supported by the Coalition for National
    Science Funding.

        The NSF accounts for the majority of Federal support done by Ph.D.
    mathematicians at universities and colleges. In fiscal year 2018, 61
    percent of support for academic research in mathematics came from the
    Federal Government,\3\ and roughly half of that came from the NSF.\4\
    ---------------------------------------------------------------------------
        \3\ https://ncses.nsf.gov/pubs/nsb20202/academic-r-d-in-the-united-
    States
        \4\ The DOD contributes approximately 25 percent, and HHS 13
    percent. Other agencies (including DOE, USDA, NASA) contribute the
    remaining funds.
    ---------------------------------------------------------------------------
        Investments in research, including the departments and programs in
    the CJS bill, lead to innovations and new technologies that improve our
    health, grow our economy, and enhance our quality of life. The U.S. was
    once the uncontested leader in science and technology, but has seen our
    advantage erode as other nations have dramatically increased their
    investments in research. In particular, China has continued to
    dramatically increase its investments in science and technology, which
    have grown by 17.3 percent annually between 2010 and 2017.\5\ During
    this same period, the U.S. investment has averaged a 4.3 percent
    increase annually.
    ---------------------------------------------------------------------------
        \5\ Research and Development: U.S. Trends and International
    Comparisons. Science and Engineering Indicators, National Science
    Board, January 2020.
    ---------------------------------------------------------------------------
        The NSF is an efficient agency--almost 95 percent of its
    appropriated funds go out the door in grants and awards to support
    research projects, facilities and STEM education. NSF will continue to
    make strategic investments in basic research, the STEM workforce, and
    research infrastructure that will advance the Nation's global
    competitiveness economically and scientifically. A significant increase
    in congressional appropriations would help address the effects of years
    of high-quality grant proposals that go unfunded due to lack of
    sufficient funding. Those unmet needs continue. A 2019 National Science
    Board report \6\ stated that in fiscal year 2018, ``approximately $3.4
    billion was requested for declined proposals that were rated Very Good
    or higher in the merit review process.'' This accounts for about 5,440
    declined proposals at the NSF. The U.S. is leaving potentially
    transformative scientific research unfunded, while other countries are
    making significant investments.
    ---------------------------------------------------------------------------
        \6\ https://www.nsf.gov/nsb/publications/2020/nsb202013.pdf
    ---------------------------------------------------------------------------
        The entire country benefits from NSF funding; the NSF invests in
    every State supporting researchers and students.\7\ Society has
    benefitted from the many products, procedures, and methods that have
    resulted from NSF supported research in mathematics--research performed
    over many years and typically not focused on specific applications. The
    applications of advances in theoretical science, including theory of
    mathematics, occur on a timescale that means the investment is often
    hard to justify in the short run. And yet if we look back to the
    success, as opposed to ahead to when we expect success, the investment
    in fundamental research has had huge payoffs. These benefits include
    innovations such as the Google Page Rank algorithm, enhancement of
    magnetic resonance imaging (MRI), and in cybersecurity. The plethora of
    applications that have resulted from basic research in the mathematical
    sciences is described in the National Academies report ``The
    Mathematical Sciences in 2025'' or in the executive summary ``Fueling
    Innovation and Discovery: The Mathematical Sciences in the 21st
    Century''.\8, \\9\
    ---------------------------------------------------------------------------
        \7\ https://nsf.gov/about/congress/factsheets.jsp
        \8\ https://www.nap.edu/catalog/15269/the-mathematical-sciences-in-
    2025
        \9\ https://www.nap.edu/catalog/13373/fueling-innovation-and-
    discovery-the-mathematical-sciences-in-the-21st
    ---------------------------------------------------------------------------
        Finally, we are at a critical time for building and ensuring a
    stable STEM workforce of the future, a challenge exacerbated by the
    COVID-19 pandemic. Becoming a Ph.D. STEM researcher requires focus and
    dedication; the work is demanding. And the COVID-19 pandemic has
    derailed and even completely shattered many students' dreams and plans.
    Vitally important is NSF support for graduate students, postdoctoral
    fellows, and other early career scientists, who are disproportionately
    affected by the COVID-19 pandemic and are most likely to have had their
    career goals deferred or derailed. We need to reach and support
    promising STEM students across all genders, races, ethnicities, and
    geographies. At this challenging time, we cannot risk losing a
    generation of scientists who leave the field and never return.
        Thank you for your consideration of this request, and for your
    prior efforts on behalf of the NSF.

        [This statement was submitted by Ruth Charney, Ph.D., President,
    and Karen Saxe, Ph.D., Director of Government Relations.]
                                     ______

      Prepared Statement of the American Society for Engineering Education
     support of fiscal year 2022 national science foundation and national
                  aeronautics and space administration funding
        Summary: This written testimony is submitted on behalf of the
    American Society for Engineering Education (ASEE) to the Senate
    subcommittee on Commerce, Justice, Science, and Related Agencies for
    the official record. ASEE appreciates the Committee's support for the
    National Science Foundation (NSF) and asks you to robustly fund the
    agency in fiscal year 2022, including the Research and Related
    Activities and the Education and Human Resources accounts. ASEE joins
    the Biden Administration in requesting support of at least $10.2
    billion for NSF in fiscal year 2022 to help alleviate impacts of
    historical underinvestment at NSF, continue to grow its core research
    and education activities, establish a new Technology, Innovation and
    Partnerships (TIP) directorate, and address critical technologies where
    the U.S. is facing major competition from China. At NASA, ASEE supports
    the Administration's proposed growth for the Space Technology Mission
    Directorate (STMD) to increase its investment in crosscutting NASA
    technology gaps which support engineers and scientists in developing
    technology to advance science and space missions in the National
    interest. ASEE also supports proposed growth to NASA's Office of
    Education to advance NASA's initiatives to broaden participation of
    underrepresented groups in science and engineering.
        Written Testimony: The American Society for Engineering Education
    (ASEE) is dedicated to advancing engineering and engineering technology
    education and research, and is the only society representing the
    country's schools and colleges of engineering and engineering
    technology. Membership includes over 12,000 individuals hailing from
    all disciplines of engineering and engineering technology and includes
    educators, researchers, and students as well as industry and government
    representatives. As the pre-eminent authority on the education of
    engineering professionals, ASEE works to develop the future engineering
    and technology workforce, expand technological literacy, and convene
    academic and corporate stakeholders to advance innovation and sound
    policy.
                          national science foundation
        Engineering shapes our Nation and powers our innovation ecosystem.
    NSF basic research, conducted in engineering schools and colleges
    around the country, catalyzes new industries and revolutionary
    advances. There is high demand for a workforce of well-trained,
    engineers in industry and government to leverage these discoveries and
    develop innovative new technologies to improve our future. The
    partnership between the Federal Government and universities is
    essential to growth and innovation across our economy, and is helping
    to solve challenges in health, energy, and national security. NSF is a
    tremendously important piece of this innovation ecosystem, funding
    basic engineering and engineering education research at universities
    and supporting students to enable access to engineering education.
        ASEE is grateful for recent increases, yet concerned that these
    investments have not kept pace with international competitors or
    growing research needs. Due to budget limitations, NSF is currently
    unable to fund $2 billion worth of very good and excellently rated
    proposals each year. With more funding, tremendous amounts of
    additional research and development could be undertaken, leading to
    novel and transformative discoveries. As the National Science Board
    predicted, in 2018 China surpassed U.S. investments in research and
    development. As some countries have been steeply accelerating research
    funding, increasing NSF's appropriation would help secure continued
    U.S. global innovation leadership.
        NSF funding has additionally fallen far behind other research
    agencies, risking distortions in the overall STEM ecosystem. For
    example, over the last decade the Department of Energy (DOE) Office of
    Science has grown twice as much as NSF and is now almost the same size
    despite covering a much smaller range of topics. Other agencies depend
    on NSF-funded discoveries and workforce development for their missions.
    NSF-funded research catalyzes fundamental advances that are utilized
    for national security applications while engineers trained with NSF
    funding become key components of the National security workforce and
    industrial base.
        ASEE is thankful for relief and research funding provided to NSF in
    the CARES Act and American Rescue Plan. NSF has a critical role to play
    in promoting economic recovery and research on many aspects of the
    pandemic. Continued support of NSF will be critical as the engineering
    community and the country move into the next phase of the COVID-19
    pandemic. Engineers across the country have adapted quickly but
    challenges and disparities remain. NSF will be crucial to rebuilding
    the STEM pipeline, and building a better, more resilient STEM
    workforce.

        ASEE follows the President's 2022 Budget Request in requesting that
    the Committee fund NSF at $10.2 billion in fiscal year 2022 to drive
    advances in research and education and ensure the U.S. retains global
    competitiveness and scientific leadership. While ASEE supports the
    President's proposal to create a new TIP directorate at NSF, it is
    essential that NSF continues to grow its core research and education
    activities.

        Investments in engineering education and research from NSF are
    essential for having a workforce trained and ready to contribute to
    industry, government, and academia. NSF is a major supporter of
    engineering research and workforce initiatives funding 43 percent of
    engineering and 83 percent of computer science academic fundamental
    research. NSF-funded advancements touch every corner of our lives and
    economy, from wireless systems to advanced manufacturing, and from new
    tools to combat brain diseases to technologies to ensure our
    cybersecurity. NSF supports engineering education at all levels,
    ensuring the next generation of the U.S. engineering workforce is
    appropriately prepared to contribute and innovate.
        The NSF Directorate for Engineering (ENG) provides critical support
    for engineering education and research across the breadth of the
    discipline. These investments have dual outcomes of training future
    engineers that will discover tomorrow's innovations, all while
    furthering today's cutting-edge research. Engineering investments at
    NSF provide critical advancements in areas such as resilient
    infrastructure, advanced materials and manufacturing, and
    bioengineering, in addition to equipping students with the skills they
    need to be the next generation of technological leaders. Divisions such
    as Engineering Education and Centers (EEC) support university research
    and Engineering Research Centers. ENG grantees have robust partnerships
    with industry, expand the boundaries of our understanding of how
    students most effectively learn engineering, provide experiential
    opportunities fundamental to engineering education.
        The NSF Directorate for Computer and Information Science and
    Engineering also plays a key role supporting engineering education and
    research, particularly within the Division of Information & Intelligent
    Systems, which supports efforts at the frontiers of information
    technology, data science, and artificial intelligence, among other
    areas. These investments are critical as we move into a world even more
    reliant on human-technology interactions. The Division of Computer and
    Network Systems has been building capacity within Minority Service
    Institutions to contribute to both the knowledge base and human
    resource base in computing and engineering.
        ASEE strongly supports NSF Education and Human Resources (EHR)
    funding to foster inclusive and effective learning and learning
    environments. The STEM workforce, particularly engineers,
    technologists, and computer scientists, drives our innovation and
    economic development. We need to fully develop all of our Nation's
    human talent in order to tackle pressing problems. Access to STEM
    experiences and skills are a critical aspect of developing well-rounded
    citizens, technological literacy, and the future STEM workforce. ASEE
    supports EHR programs including Improving Undergraduate STEM Education
    (IUSE) and Innovations in Graduate Education (IGE). The first is
    critical for preparing professional engineers and enhancing engineering
    educational experiences to broaden participation and retention, and the
    latter works to revolutionize graduate studies to best prepare students
    for STEM careers. ASEE supports the growth proposed in the President's
    Budget Request for NSF programs that foster participation in science
    and engineering from individuals from underrepresented groups.
        NSF plays a key role ensuring the development of new tools for
    teaching engineering design and analysis skills, which are under-taught
    in today's K-12 classrooms. As noted in the 2009 National Academies
    report Engineering in K-12 Education, engineering education has
    received little attention yet has the potential to improve student
    learning and achievement in other areas of STEM, increase awareness of
    engineering careers, and increase technological literacy. Engineering's
    focus on design and analysis enhances problem solving, teaches students
    new ways to approach challenges, and encourages students to connect
    science and math topics to real-world applications--all skills critical
    to the future technical workforce. ASEE supports programs to fill
    workforce needs including Advanced Technical Education (ATE) that
    prepares advanced technicians for America's high-skills workforce and
    graduate fellowships to create a pipeline of students knowledgeable and
    excited about engineering.
                 national aeronautics and space administration
        ASEE is supportive of the Administration's overall proposed
    increase of 6.3 percent to $24.7 billion in funding for the National
    Aeronautics and Space Administration (NASA), especially in its Space
    Technology Mission Directorate (STMD), which would see a 29.5 percent
    increase to $1.425 billion. Of importance to ASEE, STMD activities
    support the workforce development pipeline of future space engineers
    and technologists by engaging directly with the academic community
    through early career faculty programs, early-stage research grants, and
    university-led multidisciplinary research institutes. The disruptions
    to the STEM pipeline caused by the COVID-19 pandemic makes this work
    even more crucial. STMD's broad portfolio of activities helps to meet
    NASA's science objectives, establishes new commercial and academic
    partnerships, and stimulates the growth of the Nation's technology
    sector. STMD programs fill significant capability gaps for NASA and
    better position the agency to meet its long-term strategic goals in
    areas across all its directorates ranging from propulsion and power
    generation to materials science and high-performance computing. ASEE
    applauds the Administration's support of STMD's vital role and urges
    the Committee to support STMD's ability to focus on a broad array of
    NASA technology challenges, continue its engagement with the academic
    and private sectors, and keep long-term focus beyond specific near-term
    mission goals.
        ASEE is also supportive of the Administration's proposed increase
    for NASA's Office of STEM Engagement and asks that the Committee
    support the proposed funding of $147 million for this office in fiscal
    year 2022 and beyond. NASA STEM Engagement programs inspire students to
    pursue engineering, science, and technology careers, and this office
    plays a vital role coordinating STEM education programs throughout the
    agency, including those at NASA centers. ASEE supports the continuation
    of the National Space Grant College and Fellowship Program (Space
    Grant), which supports university consortia in all 50 States, funding
    fellowships for engineering and other STEM students, while also
    offering important resources for faculty professional development and
    strengthening curricula. ASEE is also supportive of initiatives at the
    NASA Office of STEM Engagement to broaden participation of
    underrepresented groups in STEM and to bring engineering design and
    analysis experiences to K-12 students.
        Conclusion: NSF education and research investments have truly
    transformed our world through engineering breakthroughs such as the
    internet, fiber-optics, and medical imaging technology. These
    investments keep our communities safe, lower healthcare costs, and spur
    our economy. Today, engineering research is opening possibilities
    through advances in areas such as artificial intelligence, biosensors,
    and advanced materials. We ask that you robustly fund NSF at $10.2
    billion to support critical education and research programs that will
    be instrumental in the Nation's recovery from COVID-19. In addition, at
    NASA we urge you to fund proposed increases for NASA's Space Technology
    Mission Directorate and Office of STEM Engagement. Thank you for the
    opportunity to submit this testimony.

        [This statement was submitted by Sheryl Sorby, President, and
    Norman Fortenberry, Sc.D., Executive Director.]
                                     ______

          Prepared Statement of the American Society for Microbiology
        The American Society for Microbiology (ASM) appreciates the
    opportunity to submit outside witness testimony for the Fiscal Year
    2022 Commerce, Justice, Science and Related Agencies appropriations
    bill in support of increased funding for the National Science
    Foundation (NSF) and increased coordination of microbiome research by
    the White House Office of Science and Technology Policy in Fiscal Year
    2022. ASM is one of the oldest and largest life science societies with
    30,000 members in the U.S. and around the world. Our mission is to
    promote and advance the microbial sciences, including programs and
    initiatives funded by the Federal Government departments and agencies,
    by virtue of the integral role microorganisms play in human health and
    society. Microbial science is a cross-cutting endeavor, and our
    members' federally funded research is fundamental to advances in human
    health, agriculture, energy and the environment.

        ASM calls on Congress to provide at least $10 billion for the
    National Science Foundation in Fiscal Year 2022.

        Investments by Congress in NSF-funded discoveries have strengthened
    the science and technology sectors of the U.S. economy, boosted
    workforce development and ensured America's global market
    competitiveness. For over 70 years, the NSF has invested in basic
    research and education at the frontiers of science and engineering,
    including high risk and transformative research not supported by other
    funding sources. NSF is the only Federal agency that supports
    innovative basic research across all fields of science and engineering,
    and its support of multidisciplinary research and education is critical
    to promoting the next generation of scientists, improving the future of
    the Nation's science and engineering enterprise, and maintaining our
    global competitive edge. NSF is divided into seven directorates that
    support science and engineering research and education: Biological
    Sciences, Computer and Information Science and Engineering,
    Engineering, Geosciences, Mathematical and Physical Sciences, Social,
    Behavioral and Economic Sciences, and Education and Human Resources.
        Microbes are at the foundation of scientific discovery, and the NSF
    is a key supporter of microbial science research, including microbiome
    research, discovery of emerging pathogens, and global collaboration.
    ASM members around the world are working to improve lives through
    research on human and animal health, agriculture, energy, the
    environment, and biothreats. NSFfunded research advances our
    understanding of the 70 percent of emerging human pathogens that have
    non-human origins, which pose serious threats to human health and
    global health security, as we have recently seen with the emergence of
    COVID-19. Investments in NSF research over several decades facilitated
    the rapid sequencing and identification of the SARS-CoV-2 virus weeks
    after its discovery in late 2019, which enabled infectious disease
    experts to begin work early on to combat the spread of the virus.
        The NSF has excelled in its congressionally mandated mission ``to
    promote the progress of science; to advance the National health,
    prosperity, and welfare; and to secure the National defense.'' The
    NSF's dedication to progress is particularly notable in the area of
    microbiome research. The Understanding the Rules of Life: Microbiome
    Interactions and Mechanisms program is one example of this innovative
    work. The broader NSF Rules of Life Big Idea aims to enable discoveries
    that will improve our understanding of interactions within different
    ecosystems, and to identify causal, predictive relationships across
    different scales (spatial, temporal, levels of biological organization
    and complexity) that help define the ``rules'' for how life functions.
    It also seeks to develop research tools and infrastructure to further
    Rules of Life research, and to provide the capacity to approach more
    complex research questions.
        The goal of the Microbiome Interactions and Mechanisms program
    research within the Rules of Life Big Idea is to understand
    interactions and mechanisms that govern the structure and function of
    microbiomes. By integrating the wide range of accumulated data and
    information on microbiome structure and function, new causal models of
    interactions and interdependencies across scales and systems can be
    generated. To continue to achieve its goals, it is critical that the
    fiscal year 2022 appropriations bill robustly fund NSF.

        ASM urges Congress to request an update from the Office of Science
    and Technology Policy on the implementation and continuation of the
    Interagency Strategic Plan for Microbiome Research.

        Microbiome science aims to advance understanding of microbial
    communities (microbiomes) for applications in areas such as health
    care, food production, and environmental restoration to benefit
    individuals, communities, and the environment. Understanding of the
    microbiome has evolved significantly since the concept of the human
    microbiome emerged roughly two decades ago. Today it is understood that
    microbial communities exist on, in, and around people, plants, animals,
    soil, oceans, and the atmosphere, making the microbiome relevant to all
    living things. The rapid pace of discovery has led to greater
    technology needs and data sharing infrastructure.
        Launched in 2016, the National Microbiome Initiative pledged $121
    million in funding from Federal agencies and $400 million in total cash
    and in-kind contributions from 100 companies, foundations and academic
    institutions. As part of this initiative, the Federal Microbiome
    Interagency Working Group developed the Interagency Strategic Plan for
    Microbiome Research, providing recommendations for improving
    coordination of microbiome research among Federal agencies and between
    agencies and non-Federal domestic and international microbiome research
    efforts. The 5-year Strategic Plan envisioned coordinated microbiome
    research activities across 21 government agencies, set out interagency
    objectives, structure and operating principles, and noted several
    research focus areas. As the Strategic Plan's term ends in 2022, OSTP
    should evaluate the progress made, consider whether the Federal
    investment has been adequate to fully realize the promise of this
    initiative, and begin the process to develop a strategic plan for
    interagency collaboration in this essential research for the next 5
    years.
                                   conclusion
        ASM is particularly grateful to Congress for its commitment to
    increased investments in the NSF in recent years. We urge Congress to
    revisit OSTP's past commitment to microbiome research and to increase
    funding for NSF in fiscal year 2022 to at least $10 billion. We look
    forward to continued Federal investment in microbe-powered innovation.

        [This statement was submitted by Allen Segal, Director of Public
    Policy and Advocacy.]
                                     ______

       Prepared Statement of the American Society for the Prevention of
                               Cruelty to Animals
        On behalf of our over 2 million supporters, The American Society
    for the Prevention of Cruelty to Animals (ASPCA) appreciates this
    opportunity to submit testimony to the Senate Appropriations
    subcommittee on Commerce, Justice, Science, and Related Agencies.
    Founded in 1866, the ASPCA is the first humane organization established
    in the U.S. and serves as the Nation's leading voice for animal
    welfare. We respectfully request that the subcommittee consider the
    following concerns when making fiscal year 2022 appropriations.
                          police encounters with pets
        Media reports about violent encounters between law enforcement
    officers and pets--most often family dogs--are commonplace across the
    country. The ASPCA believes that the vast majority of these incidents
    are avoidable. The U.S. Department of Justice (DOJ) can assist in
    reducing these incidents by collecting national data around them and
    including techniques to handle police and dog encounters in law
    enforcement de-escalation trainings. Tragedies like this take a serious
    toll on communities, further eroding trust with law enforcement,
    escalating tense situations, and endangering bystanders. On April 11,
    the New Orleans Police Department (PD) shot and killed an 18-week-old
    rescue puppy in his yard while responding to a 911 call. On March 23,
    the Tampa PD shot the dog of the woman who had called them for help. On
    February 26, an officer with the Lynchburg PD in Virginia shot and
    killed a dog while attempting to take a man into custody for a mental
    health evaluation. On November 16 of last year, an officer with the
    Faulkner County Sheriff's Department in Arkansas shot and killed a
    family dog after responding to the wrong residence. Shootings involving
    pets often account for a significant percentage of the total firearms
    discharges in a particular agency. Data from some municipalities
    suggest that 25-75 percent of all police firearm discharges are
    directed at dogs.\1\ One DOJ official estimated that several thousand
    dogs annually are killed by law enforcement officers and described the
    phenomenon as ``an epidemic''.\2\
    ---------------------------------------------------------------------------
        \1\ Bathurst, Cynthia, Donald Cleary, Karen Delise, Ledy VanKavage,
    and Patricia Rushing. 2015. The Problem of Dog-Related Incidents and
    Encounters. Washington, DC: Office of Community Oriented Policing
    Services; https://cops.usdoj.gov/RIC/Publications/cops-p206-pub.pdf
        \2\ Griffin, David; ``Can Police Stop Killing Dogs?.'' Police
    Magazine; Oct. 29, 2014; https://www.policemag.com/341722/can-police-
    stop-killing-dogs
    ---------------------------------------------------------------------------
        Additionally, research reveals that these incidents take a
    disproportionate toll on communities of color. An analysis of officer-
    involved shootings in Los Angeles County revealed that between 28-46
    percent of all firearms discharges were directed at dogs, and these
    shootings were geographically clustered in low-income communities of
    color.\3\ This and other available data suggest that pit bull-type
    breeds are far more likely to be shot and killed than are other dog
    breeds. For example, from 2011 to 2014, police officers in Buffalo, New
    York killed 91 dogs--74 of which were identified as pit bull-type
    breeds.
    ---------------------------------------------------------------------------
        \3\ Stefano Bloch, Daniel E. Martinez. 2020. Canicide by Cop: A
    geographical analysis of canine killings by police in Los Angeles.
    Geoforum: 111. 142-154; https://www.sciencedirect.com/science/article/
    abs/pii/S0016718520300440
    ---------------------------------------------------------------------------
    Encourage documentation and tracking for incidents of police use of
            force against pets:
        Use of force reporting requirements among State and local law
    enforcement agencies are inconsistent, and many agencies do not require
    documentation for use of force incidents involving pets. Federally, no
    nationwide data exists regarding the prevalence of these tragedies, or
    for officer-involved shootings more broadly. DOJ's Federal Bureau of
    Investigations operates a National Use of Force Data Collection, which
    allows law enforcement to voluntarily provide data on use-of-force
    incidents. The voluntary data, which currently reflects only 40 percent
    of total law enforcement officer population, does not, apparently,
    include incidents involving pets.\4\ A publication by the DOJ's Office
    of Community Oriented Policing Services (COPS) recognized the lack of
    data on this issue and urged law enforcement agencies to examine
    questions like how often police officers discharge firearms in dog-
    related incidents and how many dogs have been killed to better
    understand and address this problem.\5\ Understanding the scope and
    frequency of these incidents is fundamental to avoiding them.
    ---------------------------------------------------------------------------
        \4\ See ``What is Collected?'' https://crime-data-
    explorer.app.cloud.gov/officers/national/united-States/uof
        \5\ Bathurst, Cynthia, Donald Cleary, Karen Delise, Ledy VanKavage,
    and Patricia Rushing. 2015. The Problem of Dog-Related Incidents and
    Encounters. Washington, DC: Office of Community Oriented Policing
    Services; https://cops.usdoj.gov/RIC/Publications/cops-p206-pub.pdf
    ---------------------------------------------------------------------------
    Provide resources and training to de-escalate police encounters with
            pets and reduce violent incidents:
        Sources indicate that officer trainings are beneficial to de-
    escalate situations with dogs without resorting to lethal force.\6\
    Several States including California, Texas, Tennessee, Ohio, Nevada,
    and Illinois mandate training and created programs on proper responses
    to encounters with dogs. The COPS office, which provides training for
    police departments on a variety of topics, published The Problem of
    Dog-Related Incidents and Encounters in 2011 and has adapted the
    contents to a video training series. Funding for the use of such
    trainings or creating incentives to do so could avoid these tragedies.
    ---------------------------------------------------------------------------
        \6\ Amendola, Karen, Valdovinos, Maria, Perea, Cesar. 2019. An
    Evidence-Based Approach to Dog Shootings in Routine Police Encounters:
    Regulations, Policies, Practices, and Training Implications. https://
    www.policefoundation.org/publication/reducing-dog-shootings-in-routine-
    police-encounters-regulations-policies-practices-and-training-
    implications/
    ---------------------------------------------------------------------------
    The ASPCA requests that the subcommittee recognize the impact of law
            enforcement's use of force in communities and the need to avoid
            such incidents by including the following report language in
            its FY22 Appropriations bill:
        It has been estimated that thousands of dogs are killed annually by
    law enforcement officers. Many States and municipalities do not require
    that police shootings directed at pets be reported. However, data from
    some localities suggests that anywhere from 25-75 percent of all law
    enforcement firearms discharges are directed at dogs, and that these
    incidents are geographically clustered in low-income communities of
    color where police shootings involving people are also concentrated.
    Police shootings directed at pets escalate encounters with policed
    communities and erode trust in law enforcement. The Committee is
    concerned about the lack of data and reporting requirements for such
    encounters, and directs the U.S. Department of Justice to include
    incidents involving pets in any nationwide Federal database created to
    track law enforcement's use of force against people, or to provide
    Congress with a report within 180 days on how the Department can
    collect and maintain comprehensive data on law enforcement's use of
    force against people and pets, as well as any policy recommendations
    needed to implement that data collection. Further, the Committee
    encourages the U.S. Department of Justice to include training
    opportunities for police and dog encounters in the Community Oriented
    Policing Service's grants made available for de-escalation training.

        [This statement was submitted by Nancy Perry, Senior Vice
    President, Government Relations.]
                                     ______

         Prepared Statement of the American Society of Plant Biologists
      addressing the national science foundation's fiscal year 2022 budget
        The American Society of Plant Biologists (ASPB) submits this
    testimony for the official record to support at least $10.2 billion for
    the National Science Foundation (NSF) for fiscal year 2022. ASPB
    recognizes the difficult fiscal environment our Nation faces, but
    believes that sustained investments in scientific research represents a
    critical step toward economic recovery and continued global
    competitiveness for our Nation.
        ASPB would like to thank the subcommittee for its consideration of
    this testimony and for its strong support for the research missions of
    NSF.
        ASPB, founded in 1924 as the American Society of Plant
    Physiologists, was established to promote the growth and development of
    plant biology, to encourage and publish research in plant biology, and
    to promote the interests and professional advancement of plant
    scientists in general. ASPB members educate, mentor, advise, and
    nurture future generations of plant biologists; they work to increase
    understanding of plant biology, as well as science in general, in K-16
    schools and among the general public; they advocate in support of plant
    biology research; they work to convey the relevance and importance of
    plant biology; and they provide expertise in policy decisions world-
    wide. Overall, ASPB members, as representatives of the society, work to
    disseminate information and excitement about plant sciences, especially
    through ASPB's advocacy, outreach activities, conferences, and
    publications.
        food, fuel, environment, and health: plant biology research and
                                america's future
        Plants are vital to our very existence. They harvest sunlight,
    converting it to chemical energy for food and feed; they absorb carbon
    dioxide and produce oxygen; and they are the primary producers on which
    most life depends. Indeed, plant biology research is making many
    fundamental contributions in the areas of energy security and
    environmental stewardship; the continued and sustainable development of
    better foods, fabrics, and building materials; and in the understanding
    of biological principles that underpin improvements in the health and
    nutrition of all Americans.
        Plant science has become that backbone of agricultural innovation,
    and a thriving agricultural sector has become a cornerstone for
    American economic success. Agriculture and agriculture related
    industries comprise 5.4 percent of the U.S. GDP, contributing nearly $1
    trillion and 21 million jobs to the economy.\1\ In fact, despite
    persistent U.S. trade deficits, there has been a surplus in
    agricultural trade since 1960. This surplus is projected to continue,
    in spite of projected decreases in planted acres of major crops.\2\
    These projections rely on steady increases in yields, a breakthrough
    that is wholly dependent upon continued fundamental and applied
    agricultural research in crop science and plant biology. To maintain
    and increase U.S. agricultural productivity, critical investments in
    basic biological sciences are needed.
    ---------------------------------------------------------------------------
        \1\ https://www.ers.usda.gov/data-products/ag-and-food-statistics-
    charting-the-essentials/ag-and-food-sectors-and-the-economy/
        \2\ https://www.ers.usda.gov/webdocs/publications/92600/oce-2019-
    1.pdf?v=3630.9
    ---------------------------------------------------------------------------
        In particular, plant biology is at the interface of numerous
    scientific breakthroughs. For example, with high throughput
    experimental approaches facilitating extraordinary syntheses of
    information that are NSF-supported, plant biologists are using computer
    science applications to make tremendous strides in our understanding of
    complex biological systems, ranging from single cells to entire
    ecosystems. Understanding how plants function ultimately will result in
    better and more productive crops, new sources of fuel, and the
    development of better medicines to treat diseases like cancer.
        Despite the significant positive impact plants have on our Nation's
    economy and in addressing some of our most urgent challenges, including
    food and energy security, Federal investments in fundamental plant
    biology research are modest. Nevertheless, plant scientists have
    maximized and leveraged this funding to begin to understand the basic
    functions and mechanisms of plants, providing a foundation for vital
    advances in practical applications in agriculture, health, energy, and
    the environment.
               robust funding for the national science foundation
        ASPB encourages strong support for the Directorate of Biological
    Sciences (BIO) and proportional funding increases across all of the
    scientific disciplines NSF supports. As scientific research becomes
    increasingly interdisciplinary with permeable boundaries, a diverse
    portfolio at NSF is needed to maintain transformational research and
    innovation. NSF funding for plant biology specifically enables the
    scientific community to address cross-cutting research questions that
    could ultimately solve grand challenges related to a sustainable food
    supply, energy security, and improved health and nutrition.
        NSF BIO is a critical source of funding for scientific research,
    providing the majority of the Federal support for non-medical basic
    life sciences research at U.S. academic institutions and beyond. BIO
    supports research ranging from the molecular and cellular levels to the
    organismal, ecosystem, and even biosphere levels. These investments
    continue to have significant pay offs, both in terms of the knowledge
    directly generated and in deepening collaborations and fostering
    innovation among communities of scientists.
        The Biological Sciences Directorate's Plant Genome Research Program
    (PGRP) is an excellent example of a high impact program that has laid a
    strong scientific research foundation for understanding plant genomics
    as it relates to energy (biofuels), health (nutrition and functional
    foods), agriculture (impact of changing climates on agronomic
    ecosystems), and the environment (plants' roles as primary producers in
    ecosystems). ASPB asks that the PGRP be funded at the highest possible
    level and have sustained funding growth to address 21st century
    challenges.
        ASPB is also encouraged by the ongoing efforts of the Reintegrating
    Biology initiative. The Society hopes that these efforts will result in
    innovative, cross-disciplinary efforts that advance both plant science
    and biological research as a whole. Finally, ASPB is very pleased to
    see NSF increase its support for biotechnology, both within BIO and as
    proposed in the new Technology, Innovation, and Partnerships
    Directorate. Investments in biotechnology will transform agriculture,
    energy, and healthcare, and fundamental and applied plant science
    research have roles to play in each area.
        Without significant and increased support for BIO and NSF as a
    whole, promising fundamental research discoveries will be delayed and
    vital collaborations around the edges of scientific disciplines will be
    postponed, thus limiting the ability of the U.S. to respond to the
    pressing scientific problems that exist today and the new challenges on
    the horizon. Addressing these scientific priorities would also help to
    improve the competitive position of the U.S. in a global marketplace.
     continued support for nsf education and workforce development programs
        As discussed above, many of the challenges brought by a changing
    world will need be addressed specifically by plant scientists. A
    significant--but sustainable--increase in crop productivity will be
    needed to match the demand for food expected from the rate of
    population growth. At the same time, climate change will present new
    trials for crops and other plant ecosystems. These challenges will
    require efforts to increase productivity beyond current practices,
    including improvement in crop water use efficiency and enhanced crop
    photosynthesis efficiency and performance, to name just a few
    approaches. More knowledge and innovation will be needed to replace
    chemicals from non-renewable sources (from fuels to biomedical
    applications) with plant-derived metabolites. These types of
    innovations will require contributions from basic and applied plant
    science fields and collaboration from other sciences and engineering.
        To tackle these challenges, a strong and diverse community of plant
    scientists, with increased involvement from women and marginalized
    scientists, will be needed. However, the current training pipeline does
    not appear prepared to ensure the availability of this workforce. The
    number of Ph.D. degrees awarded in the U.S. in biomedical sciences in
    the last two decades has increased at an unsustainable rate, even
    triggering warnings from members of the National Academy of Sciences;
    however, this trend has not been paralleled by increases in plant-
    related Ph.D. degrees. In fact, plant science doctoral degrees, both
    basic and agronomy-related, have remained stagnant during this time
    period. Clearly, a strong investment in plant science research, both
    basic and applied, renewed efforts to transform public perception of
    plant biology and plant biologists, and a push to increase the number
    of students entering the pipeline leading to plant science degrees are
    necessary to change these trends. Developing the workforce that will
    contribute the solutions to future challenges is urgent.
        The NSF is a major source of funding for the education and training
    of the American scientific workforce and for understanding how
    educational innovations can be most effectively implemented. NSF's
    education portfolio impacts students at all levels, including K-12,
    undergraduate, graduate, and postgraduate, as well as the general
    public.
        ASPB urges the subcommittee to support expanding NSF's fellowship
    and career development programs--such as the Postdoctoral Research
    Fellowships in Biology, the Graduate Research Fellowship (GRF) and the
    Faculty Early Career Development (CAREER) programs--thereby providing
    continuity in funding opportunities for the country's most promising
    early career scientists.
        ASPB urges support for NSF to further develop programs aimed at
    increasing the diversity of the scientific workforce by leveraging
    professional scientific societies' commitment to provide a professional
    home for scientists throughout their education and careers and to help
    promote and sustain broad participation in the sciences. Discrete
    focused training and infrastructure support programs for Hispanic
    Serving Institutions, Historically Black Colleges and Universities, and
    Tribal Colleges and Universities remain vitally important, because they
    foster a scientific workforce that reflects the U.S. population.
        ASPB urges support for education research that enhances our
    understanding of how educational innovations can be sustainably and
    most effectively implemented in a variety of settings. NSF Education
    and Human Resources programs provide opportunities to expand NSF's
    research and evaluation efforts to address scale-up and sustainability.
    ASPB encourages continued support for education research programs
    within NSF's Education and Human Resources portfolio with a focus on
    understanding how previous investments in educational strategies can be
    made most effective.
        Grand research challenges will not be resolved in a year, an
    administration, or a generation, but will take continued attention and
    investment at Federal research agencies, such as the NSF, over decades.
        Thank you for your consideration of ASPB's testimony. For more
    information about ASPB, please visit www.aspb.org.
                                     ______

               Prepared Statement of the Animal Welfare Institute
    fiscal year 2022 funding priorities for the u.s. department of commerce
                (doc) and the u.s. department of justice (doj).
                          u.s. department of commerce
    North Atlantic Right Whale-Related Research and Development--$20
            million
        In 2020, North Atlantic right whales were designated as critically
    endangered by the International Union for Conservation of Nature
    (IUCN). Elevated mortalities of the species from entanglements in
    fishing gear and vessel strikes have been declared an Unusual Mortality
    Event (UME) by the National Oceanic and Atmospheric Administration
    (NOAA) since 2017. The annual documented rate of anthropogenic
    mortality and serious injury, due to both entanglement in gear and
    vessel strikes, has exceeded the population's potential biological
    removal level (PBR) since 1995.
        In October 2020, scientists from the New England Aquarium released
    a new population estimate for North Atlantic right whales, indicating
    that the population numbered only 356 as of the end of 2019.\1\ Of
    these 356 whales, researchers estimate 70 breeding females remain.
    Without intervention, the current combination of low birth rates and
    increased mortalities could leave the species functionally extinct
    within 20 years.\2\
    ---------------------------------------------------------------------------
        \1\ New England Aquarium (2020) Statement on North Atlantic right
    whale population estimate. October 29, 2020. Available at https://
    www.neaq.org/about-us/news-media/press-kit/press-releases/statement-on-
    north-atlantic-right-whale-population-estimate/
        \2\ Cecco, L. (2020). Humans pushing North Atlantic right whale to
    extinction faster than believed. The Guardian. October 30, 2020.
    Available at https://www.theguardian.com/environment/2020/oct/30/north-
    atlantic-right-whale-extinction-faster-than-believed
    ---------------------------------------------------------------------------
        Right whales are extremely vulnerable to being caught in the
    vertical buoy lines used in lobster and crab trapping gear.
    Entanglement can lead to drowning, reduced mobility, and, in some
    cases, a long, painful death from starvation. Collisions from vessels
    of all sizes can also cause serious injuries, such as blunt force
    trauma, propeller cuts, and broken bones. Three North Atlantic right
    whale calves were killed or seriously injured by vessel strikes in U.S.
    waters in the last 13 months alone. In February 2021, an adult whale
    was confirmed dead due to injuries from entanglement. Two other
    entangled whales have been added to the serious injuries list this
    year.
        Studies have shown that mortalities from known entanglements have
    continued to increase: from 21 percent (1970-2002) to 51 percent (2003-
    2018).\3\ Entanglements caused as many as 85 percent of diagnosable
    deaths from 2010 to 2015. In February 2021, a study coauthored by
    leading North Atlantic right whale scientists found that from 1990-
    2017, observed carcasses only accounted for 36 percent of North
    Atlantic right whale mortalities.\4\ These ``cryptic mortalities,''
    i.e., deaths caused by human activities without an observed carcass,
    represent a larger proportion of the total mortality than previously
    believed.
    ---------------------------------------------------------------------------
        \3\ Sharp, S, et.al (2019). Gross and histopathologic diagnoses
    from North Atlantic right whale Eubalaena glacialis mortalities between
    2003 and 2018. Diseases of Aquatic Organisms, 135(1), 1-31.
    doi:10.3354/dao03376)
        \4\ Pace, R. et al. (2021). Cryptic mortality of North Atlantic
    right whales. Conservation Science and Practice. 3. 10.1111/csp2.346.
    ---------------------------------------------------------------------------
        The final fiscal year 2021 appropriations package included $5
    million for North Atlantic right whales within the Marine Mammals, Sea
    Turtles, and Other Species line item. Within this funding, $1 million
    was directed to the National Oceanic and Atmospheric Administration
    (NOAA) for the continuation of a pilot program developing and field-
    testing new fishing gear technologies designed to reduce entanglements.
        We appreciate Congress' concern for this species and trust that it
    will recognize that a substantial increase in funding is necessary if
    we are to save North Atlantic right whales from extinction. Along with
    50 other NGOs, AWI submitted a letter to House and Senate CJS
    Appropriations subcommittees that included a proposed spending plan.
    Within that plan, we believe funding should be appropriated to NOAA to
    develop and implement new rules aimed at reducing the mortality rate of
    North Atlantic right whales by vessel strikes, fishing-gear
    entanglements, and other threats. There must also be investment in
    reducing vessel-strike risk in high-traffic areas as well as a
    transition to whale-safe fishing gear. We believe the pilot program to
    refine and field test innovative fishing gear technologies, such as
    ropeless gear, should be expanded, including the development of
    geolocation technologies. Lastly, surveys and monitoring, enforcement,
    disentanglement, stranding response, and plankton recorder surveys are
    crucial to the conservation of this species.
        We encourage Congress to direct investment to the development of
    ropeless technologies instead of expensive, short-term investments in
    ``weak rope.'' The use of 1,700-lb breaking strength lines (known as
    ``weak rope'') may decrease the severity of entanglement injuries
    suffered by right whales but does not reduce the likelihood of
    entanglement in the first place nor the sub-lethal impacts of
    entanglement on whales. This gear also does not reduce the risk of
    serious injury or mortality for right whales who are less than 2 years
    old.\5\
    ---------------------------------------------------------------------------
        \5\ Knowlton et al. (2016).
    ---------------------------------------------------------------------------
        NOAA estimates Americans are willing to pay $4.38 billion annually
    for the recovery of the endangered North Atlantic right whale. Further,
    in 2008, this species generated an estimated $2.3 billion in sales in
    the whale watching industry and across the broader economy.\6\ Research
    has found large whales are worth about $2 million each over their
    lifetimes. This value is based on their contributions to carbon
    sequestration, which combats climate change, as well as their ability
    to enhance fisheries and provide ecotourism value. Overall, the
    estimated economic value of the planet's whale population is over $1
    trillion.\7\
    ---------------------------------------------------------------------------
        \6\ NOAA Fisheries (2020, February 24). Protected species economics
    research. Retrieved from https://www.fisheries.noaa.gov/national/
    socioeconomics/protected-species-economics-research
        \7\ Chami, R., Cosimano, T., Fullenkamp, C., & Oztosun, S. (2019).
    Nature's solution to climate change. International Monetary Fund:
    Official Website./Finance&Development, 56(4), 34-38. Retrieved from
    https://www.imf.org/external/pubs/ft/fandd/2019/12/natures-solution-to-
    climate-change-chami.htm
    ---------------------------------------------------------------------------
        If we are to save this species, it will require investment and
    cooperation among Congress, agencies, scientists, and industry. We hope
    the subcommittee on Commerce, Justice, Science and Related Agencies
    recognizes the urgency of this situation and invests in protections for
    North Atlantic right whales.
    Unusual Mortality Event Fund--$4 million with at least $750,000
            dedicated to the current UME of Atlantic Florida manatees
        Marine mammals are important indicator species of ocean health.
    Monitoring the health of marine mammals, especially during Unusual
    Mortality Events (UME), can reveal emerging threats, potential impacts
    of human activities, and the effectiveness of management actions. A UME
    is defined as ``a stranding that is unexpected; involves a significant
    die-off of any marine mammal population; and demands immediate
    response.'' There are currently 10 active UMEs around the country in
    every ocean (Alaska ice seals, West Coast gray whales, Northeast
    pinnipeds, Southwest Florida bottlenose dolphins, Atlantic minke
    whales, North Atlantic right whales, Atlantic humpback whales,
    Guadalupe fur seals, Atlantic Florida manatees, and Florida East Coast
    manatees). In the newest UME to be declared, the 2021 Atlantic Florida
    manatee, nearly 750 manatees have died this year alone. Rescue
    organizations are hampered by the lack of facilities and funds for
    responding to overwhelming numbers of live manatees in need of rescue
    and rehabilitation.
        Since 1991, 70 marine mammal UMEs have been declared. The UME
    Contingency Fund was established through the Marine Mammal Protection
    Act to enable the National Marine Fisheries Service to reimburse marine
    mammal stranding network partners for costs related to caring for and
    treating live animals that strand as part of UMEs; collecting,
    preparing, and sending biological samples to the National Marine Mammal
    Tissue Bank and other diagnostic laboratories to investigate the causes
    of UMEs; and collecting important marine mammal health data to inform
    and improve future UME responses and marine conservation. Although
    Congress created this fund in 1992, it provided appropriations only in
    2005; all other contributions to the Fund have been through voluntary
    assistance. Considering the growing number of UMEs, $4 million should
    be allocated to the Unusual Mortality Event Contingency Fund to enable
    robust marine mammal stranding response efforts, with $750,000
    dedicated to the current Atlantic Florida manatee UME.
    John H. Prescott Marine Mammal Rescue Assistance Grant Program--$4
            million
        The John H. Prescott Marine Mammal Rescue Assistance Grant Program
    (Prescott Grant Program), a program under NMFS, provides competitive
    grants to marine mammal stranding network organizations to do the
    following: (1) rescue and rehabilitate sick, injured, or distressed
    live marine mammals, and (2) investigate the events surrounding, and
    determine the cause of, the death or injury of marine mammals. Over the
    past 20 years, the Prescott Grant Program has been vital to protecting
    and recovering marine mammals across the country while also generating
    critical information regarding marine mammals and their environment. As
    the sole source of Federal funding for the National Marine Mammal
    Stranding Network, which is comprised of over 90 member organizations
    within 23 States, robust funding is required for the Prescott Grant
    Program to enable it to continue its vital work.
    Enforcement and Seafood Import Monitoring Program (SIMP)--$4 million
        The Seafood Import Monitoring Program (SIMP) was established in
    2016 to require U.S. importers of certain fish and fish products to
    provide and report key data, with the aim of uncovering illegal,
    unreported, and unregulated (IUU) fishing and/or seafood fraud and
    preventing it from entering US commerce. The program initially oversaw
    imports of 11 species, including sharks and sea cucumbers, two marine
    species that are increasingly threatened by IUU fishing. In 2019, two
    additional species, shrimp, and abalone, entered SIMP, thereby doubling
    the volume of imported products covered by SIMP. The addition of shrimp
    has implications for the critically endangered vaquita, of which only
    about 10 remain. The use of illegal gillnets for catching shrimp in the
    Gulf of California, and the subsequent bycatch of vaquitas, has been a
    major factor in the latter species' decline.
        A 2021 report ``Seafood Obtained via Illegal, Unreported, and
    Unregulated Fishing: U.S. Imports and Economic Impact on U.S.
    Commercial Fisheries,'' compiled by the U.S. International Trade
    Commission found that $2.4 billion worth of seafood imports derived
    from IUU fishing was imported in 2019 (11 percent of total seafood
    imports). Over 13 percent of the U.S. imports caught at sea were
    estimated to be caught using IUU fishing practices. Top species
    included swimming crab, wild-caught warmwater shrimp, yellowfin tuna,
    and squid. The report noted that IUU-sourced seafood is a threat to the
    livelihood of U.S. fishermen. These practices also pose risks to marine
    ecosystems, public health, and human rights.
        In January 2020, the U.S. Government allocated $8 million to fight
    IUU fishing and bolster SIMP as part of the U.S.-Mexico-Canada trade
    agreement (USMCA) that was approved in January 2021. As part of the
    agreement, funding will go to NOAA to help it cooperate with the
    Mexican Government in fighting illegal fishing through 2023. Additional
    funding of $4 million is necessary to ensure full enforcement of SIMP
    in fiscal year 2022.
    Marine Mammal Commission (MMC)--$5.25 million
        The Marine Mammal Commission (MMC) is an independent Federal agency
    established by Congress in 1972 under the MMPA. Responsible for
    overseeing the proper implementation of the MMPA, the MMC provides
    comprehensive, independent, science-based oversight of all Federal and
    international policy and management actions affecting marine mammals.
    The MMC's work is crucial to maintaining healthy populations of marine
    mammals, including whales, manatees, dolphins, seals, sea otters,
    walruses, and polar bears, and ensuring their survival for generations
    to come. Additionally, the MMC seeks to ensure that Alaska Natives can
    meet their subsistence needs through hunting of marine mammals. We are
    grateful that Congress rejected last year's budget request defunding
    this agency and instead funded the MMC at $3.769 million in fiscal year
    2021. In order for the MMC to fully fulfill its obligations, we ask
    that $5.25 million be appropriated for fiscal year 2022.
                           u.s. department of justice
    Environment and Natural Resources Division/Environmental Crimes
            Section--Additional $2 million
        AWI asks the subcommittee to provide an additional $2 million, over
    and above the amount that would otherwise be appropriated, to the
    Environmental Crimes Section of the Department of Justice's Environment
    and Natural Resources Division, to be designated for the Section's work
    on animal cruelty crime.
        Congress has taken significant steps in the last decade to
    strengthen Federal laws to protect animals from cruel treatment. For
    those efforts to be meaningful, it is imperative that the Federal
    Government's enforcement efforts be robustly supported. The attorneys
    in the Environmental Crimes Section are tasked with ensuring that
    justice is served when the Federal statutes and enforcement regimes
    that provide for the humane treatment of captive, farmed, and companion
    animals across the country are violated. These laws include the Animal
    Welfare Act, the Horse Protection Act, the Humane Methods of Slaughter
    Act, the 28-Hour Law, the Animal Crush Video Statute, the Animal
    Fighting Venture Prohibition Act, and, since 2019, the Preventing
    Animal Cruelty and Torture Act.
        This is a tremendous amount of responsibility, and it is a
    responsibility that both Congress and the American public expect to be
    executed vigorously. The resources available to bring criminal
    prosecution under these laws has not kept pace with the improvements
    made in the laws. Given the increased workload the Section has taken on
    in just the last couple of years, a $2 million increase in its funding
    is warranted.

        [This statement was submitted by Nancy Blaney, Director, Government
    Affairs.]
                                     ______

                Prepared Statement of the Anti-Defamation League
        funding to counter domestic violent extremism, hate crimes, and
                            discrimination in voting
        On behalf of the Anti-Defamation League (ADL), I write to request
    that you designate increased funding for the department of Justice's
    efforts to combat domestic violent extremism, prevent and prosecute
    hate crimes against Jews, Jewish institutions, and other targeted
    communities, and challenge discrimination in voting by vigorously
    enforcing the Voting Rights Act.
    Countering Violent Domestic Extremism
        On January 6, we watched as an insurrection fueled by violent
    conspiracy theories and white supremacy gripped the Nation and attacked
    our democracy. Unfortunately, this act of domestic terrorism was not a
    surprise; it is a threat ADL has been warning about for many years, and
    one we had warned law enforcement about once this specific threat
    became clear, even before the tragic events unfolded.
        ADL recommends that Congress make investments that adapt to the
    threat from domestic extremists, which is severe and growing. The
    majority of violence committed against Americans by extremists is now
    homegrown, and we must reorient our counterterrorism capabilities
    accordingly. To address this threat, the Congressional Budget Office
    estimates that an additional 175 FBI field agents, 45 additional
    employees, 25 U.S. Attorney office personnel, and 18 additional DHS
    analysts are needed, as well as a budget to support reporting and
    coordination. These funds for personnel, training, and reporting will
    help catalyze a range of activities to better understand the domestic
    terror threat, to ensure resources are used proportionate to the threat
    posed, and to work across agencies to better prepare to keep
    communities safe. The Domestic Terrorism Prevention Act (H.R. 350/S.
    963) would in part ensure resources are used based on the threat of a
    terrorist movement. While we work to support the passage of the DTPA,
    personnel for the offices and training opportunities for State and
    local partners can and should be funded separate and apart from the
    bill. ADL supports $11 million in fiscal year 2022 and an estimated
    $184 million over 5 years to increase resources and staffing to help
    counter domestic terrorism. ADL also requests that report language
    reflect the need for transparency and threat-proportionate
    appropriations.
        In addition, ADL recommends increased investment in research that
    closes gaps in our ability to prevent domestic extremism that will
    otherwise endure as an increasingly dangerous and destabilizing force
    in American communities. Data should drive policy. ADL requests $20
    million above current levels to the Office of Justice Programs,
    dedicated specifically to research and data related to domestic violent
    extremism issues.
    Eliminating Extremism in Law Enforcement
        ADL urges the Committee to recognize and address the fact that some
    public safety officers are extremists, as evidenced by the
    participation of active law enforcement personnel in the attempted
    insurrection of January 6. Additionally, FBI assessments dating back
    more than 15 years, among other sources, have noted that such
    extremists seek out positions in law enforcement and work to recruit
    law enforcement personnel into their ranks in order to gain access to
    sensitive security-related information as well as tactical knowledge
    and training. The consequences of this infiltration are potentially
    severe, ranging from deterioration of police-community relations to
    destruction, conflict, and death resulting from extremist officers'
    activities. ADL requests that the Committee encourage the Justice
    Department to provide the highest priority to Community Oriented
    Policing Services (COPS) program applicants and law enforcement
    agencies that request support for screening applicants and personnel
    for persistent racism and/or violent extremist ideologies or
    affiliations, and further encourage the Department to prioritize COPS
    grants to program applicants and law enforcement agencies that require
    their employees to complete training on extremism. ADL also asks that
    the Committee support improved security clearance policies, procedures,
    and trainings to ensure that individuals whose possible adherence to
    violent extremist ideologies raises questions about their judgment or
    trustworthiness do not have security clearances, including directing
    the Department to report no later than 90 days after enactment of this
    act on its progress in developing these improved policies, procedures,
    and trainings.
    Clearinghouse for Online Extremism
        With domestic violent terrorism posing a growing threat, we must
    seek creative ways to address the critical role that social media plays
    in fueling the rise of extremism. However, we must not empower law
    enforcement to engage so thoroughly in social media investigations that
    civil liberties would be at risk. ADL proposes the creation of an
    independent nonprofit organization, mirroring the founding of the
    National Center for Missing and Exploited Children, to investigate
    online threats proactively with careful parameters to ensure that the
    broad nature of these investigations does not provide surveillance
    powers to law enforcement, but is independent. ADL requests $500,000 to
    the National Institute of Justice for a six-month study into the
    feasibility, costs, and operational options for an independent
    clearinghouse for online extremist content.
    Strengthening Hate Crimes Data Collection
        A more complete understanding of where, when, and against whom hate
    crimes occur is a necessary component of an effective and coordinated
    campaign to eradicate this scourge. In the nearly 30 years during which
    the FBI has compiled data pursuant to the Hate Crime Statistics Act,
    however, DOJ has yet to produce information that paints an accurate and
    comprehensive picture of hate crime. Multiple factors contribute to
    deficits in our knowledge about this phenomenon, including victimized
    communities' distrust and avoidance of law enforcement agencies; lack
    of training for officers in recognizing and investigating bias
    motivations; and frontline agencies' limited capacity to maintain and
    share records with DOJ combined with the lack of a reporting mandate.
    Congress can and must support stakeholders in overcoming these
    challenges by providing funding for data improvement programs that we
    expect will soon be authorized by the Jabara-Heyer NO HATE Act. ADL
    recommends that you provide total funding of at least $15 million for
    grant programs to State, local, and Tribal law enforcement agencies to
    implement the National Incident-Based Reporting System, to create
    State-run hate crime reporting hotlines, and to conduct training and
    develop protocols for identifying, analyzing, investigating and
    reporting hate crimes. In addition, we urge you to adopt report
    language that urges DOJ to support hate crime statistics improvement
    through its other funding programs including the Edward Byrne Memorial
    Justice Assistance Grants program, as well as language that urges the
    FBI to increase its outreach to, and consider developing awards or
    other incentives for, State, local, and Tribal law enforcement
    agencies, to encourage them to provide substantive and accurate hate
    crime statistics.
    State and Local Police Training on Recognizing and Investigating Hate
            Crimes
        ADL is alarmed at increases in reports of hate crime. In spite of
    declining law enforcement agency participation, the FBI's Hate Crime
    Statistics Act reports have documented year-to-year growth in the
    number of recorded hate crimes in recent years, culminating in the most
    deadly year on record in 2019, in which at least 51 people lost their
    lives in bias-motivated attacks. Anecdotal data captured by community-
    based organizations and surveys that ask Americans about their
    subjective experiences indicate that hate crime is a far more
    widespread and devastating phenomenon than even the FBI's report
    demonstrates. Behind each victim is an entire community of people who
    share the characteristics for which the person was attacked, and who
    experience the fear and instability that these acts cause. The Federal
    Government's leadership is indispensable to the critical task of
    improving effectiveness at tracking, mitigating the harms caused by,
    and ultimately, preventing destructive bias-motivated aggression. ADL
    requests $100 million for grants to State, local, and Tribal law
    enforcement agencies to conduct educational outreach and training on
    hate crimes and to investigate and prosecute hate crimes, as authorized
    by section 4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes
    Prevention Act (Public Law 111-84).
    Community Relations Service
        The Community Relations Service saves lives and preserves community
    cohesion, and must be taken to scale to meet expanding demand resulting
    from COVID-19-related hate crimes targeting the Asian-American Pacific
    Islander community, scapegoating of Jews, Muslims, and members of
    immigrant communities for the actions of foreign nations and entities,
    and other increases in discrimination and hate. CRS's efforts are
    symbolically important and practically effective. For example, after a
    gunman killed a worshipper and wounded three others at the Chabad of
    Poway, CA, on April 27, 2019--exactly 6 months after the shooting at
    the Tree of Life Synagogue in Pittsburgh--members of the surrounding
    community asked CRS to help reestablish community safety and rebuild
    residents' confidence that they could safely attend religious services.
    Within days of the shooting, CRS brought the local U.S. Attorney's
    Office together with leaders of local faith communities to assess
    tensions, identify concerns, and share best practices for addressing
    hate crimes and protecting religious institutions. CRS served as a
    liaison between community stakeholders and the State and Federal
    agencies involved in investigating the shooting and also worked with
    stakeholders to convene continuing conversations, including a Bias
    Incidents and Hate Crimes forum held by an interfaith coalition of San
    Diego-area religious communities and an August 2019 training that
    brought the U.S. Attorney's Office back together with faith community
    leaders to build capacity to prevent and respond to hate crimes. ADL
    supports $40 million for the Community Engagement Relations program to
    offer services in more communities in need.
    Voting Rights Act Enforcement by the Voting Section
        Before, during, and after the 2020 Presidential Election,
    disinformation about threats to election security and integrity spread
    widely, and in significant part due to some political figures' repeated
    public critiques of normal procedures such as mail voting and of
    extraordinary measures undertaken to avoid COVID-19-related perils,
    including proactive mailing of mail ballot applications and expansion
    of early voting hours and periods. Election administrators, Federal and
    international experts at agencies like the Department of Homeland
    Security's Cybersecurity and Infrastructure Security Agency, and
    independent audits of paper records of votes cast have all affirmed
    that election results were valid, and no significant or widespread
    fraud or irregularities occurred. Nonetheless, according to the Brennan
    Center for Justice, as of March 24, 2021, State lawmakers had
    introduced 361 bills that would restrict access to the ballot in 47
    States' current legislative sessions. These measures take direct aim at
    aspects of the voting process that disproportionately affect voters of
    color and preserving equal access to elections in 2021 and beyond will
    depend upon the strength and readiness of the most capable and expert
    voting rights prosecutor in the Nation, the Civil Rights Division's
    Voting Section.
        The Voting Section requires expanded capacity to respond to the
    States and localities that already have adopted discriminatory voting
    restrictions or are poised to follow suit. The Voting Section also will
    soon undertake monitoring, evaluation, and enforcement of anti-
    discrimination standards in the post-2020 Census redistricting cycle
    which will be the first to occur in the absence of the protective
    mechanisms of the Voting Rights Act's fully-functional preclearance
    process. As a result, Section attorneys will not receive explanation
    and analysis of new district maps from jurisdictions with long
    histories of acting deliberately to limit marginalized voters'
    opportunity to elect representatives of their choice, and will instead
    have to exponentially increase original review of as many as hundreds,
    or thousands, of new plans. As we consider the work before the Voting
    Section, finally, we are mindful of the need for more capacity to
    ensure the effective implementation of Section 203 of the Voting Rights
    Act after new coverage determinations are published in calendar year
    2021. To manage these critical tasks, ADL requests an additional $5
    million for the Civil Rights Division for additional attorney positions
    to conduct Voting Rights Act enforcement activities.

        [This statement was submitted by Max Sevillia, Vice President,
    Government Relations, Advocacy, and Community Engagement.]
                                     ______

     Prepared Statement of the Association for Psychological Science (APS)
    supporting increased appropriations for the national science foundation
                                     (nsf)
             highlights of aps recommendations for fiscal year 2022
      --APS supports the Administration's recommended funding level of
            $10.2 billion for NSF in fiscal year 2022. In immediate terms,
            increased funding is necessary in fiscal year 2022 to help the
            research community recover from COVID-19 and its effects on
            research, education, and the professional development of the
            next generation of scientists. In the longer term, a bold
            approach to NSF funding advances NSF's transformational Big
            Ideas initiatives; protects core programs that sustain science
            and engineering fields; builds and operates world-class
            research infrastructure, including the human capital that
            conducts and supports research; and trains a diverse, inclusive
            future science, technology, engineering, and mathematics (STEM)
            workforce so that the U.S. can remain globally competitive.
      --NSF's Directorate for Social, Behavioral, and Economic (SBE)
            Sciences conducts research that increases our fundamental
            understanding of human development, cognition, behavior, and
            more. One of the best ways to mitigate the crises created by
            the COVID-19 pandemic is through an understanding of human
            behavior. Supporting SBE is important to our ability to recover
            from the problems arising from COVID-19 as well as to prevent
            or mitigate economic, health, and security problems arising
            from other national and international problems. Scientific
            research supported by SBE also enables discovery in other
            critical areas that range from addressing the needs of an aging
            population, to strengthening racial equity and limiting bias,
            to preparing our military with the insights it needs to
            understand behavior in a changing world. Through its various
            core programs, as well as its contributions to cross-
            directorate NSF investments, SBE supports approximately 5,000
            scientists, educators, and students in a typical year.
            Unfortunately, SBE has often been a popular target for budget
            cuts and messaging amendments. APS urges the Committee to
            recognize the important contributions of NSF's Social,
            Behavioral, and Economic Sciences Directorate with supportive
            report language and implied funding increases.
      --NSF's Graduate Research Fellowship Program (GRFP) recognizes and
            supports outstanding graduate students in NSF-supported STEM
            disciplines who are pursuing research-based master's and
            doctoral degrees at accredited U.S. institutions. The program
            encourages the best and brightest students--a diverse cohort--
            to pursue STEM as a career and recognizes those individuals who
            propose to conduct meritorious scientific research capable of
            broad impacts; it sets promising students on a trajectory for
            success in their scientific careers. Given the significant
            disruptions that COVID-19 has caused for the future careers of
            student scientists, NSF should be strengthening its support for
            students. APS urges the Committee to provide the resources
            necessary to fund no less than 2,000 awards in fiscal year 2022
            and urges the program to grow to 3,000 in future years.
                      statement of aps executive director
        Madam Chairwoman and Members of the subcommittee, thank you for the
    opportunity to provide testimony as you consider funding priorities for
    Fiscal Year 2022. I am Robert Gropp, Executive Director of the
    Association for Psychological Science (APS). APS is a nonprofit
    scientific organization dedicated to the advancement of scientific
    psychology for the benefit of science and society. APS's 30,000 members
    are scientists and educators at the Nation's universities and colleges,
    conducting research supported by the National Science Foundation (NSF).
    The research funded by NSF's Social, Behavioral, and Economic Sciences
    Directorate (SBE) provides a fundamental understanding of the human
    condition. As the world deals with the COVID-19 pandemic and its
    effects, essential tools at our disposal are behavioral in nature,
    bringing the science supported by SBE to the forefront. SBE-supported
    scientists develop and employ rigorous methods to discover principles
    of human behavior at levels ranging from cells to society and from
    neurons to neighborhoods. We urge the Committee to include supportive
    report language and implied funding increases for the SBE Directorate
    in the Fiscal Year 2022 CJS Appropriations bill and report.
        Madam Chairwoman, APS joins the scientific community in supporting
    a fiscal year 2022 appropriation of $10.2 billion for NSF. This funding
    level would advance innovation, discovery, and productivity; help us
    face current and future societal challenges; and boost our economy
    given the ways science, engineering, and math support so many of our
    country's jobs.
                 recognizing the leadership of the subcommittee
        Madam Chairwoman, as the leading voice for scientific psychology in
    all its forms, APS recognizes and appreciates your leadership and the
    leadership of this subcommittee in supporting Federal research. We
    applaud your commitment to maintaining our Nation's economic growth,
    national security, and overall global competitiveness through
    investment in science. We are grateful for the appropriations the
    agency received in fiscal year 2021, yet we respectfully recognize that
    more is required to address the effects of historical underinvestment
    in fundamental research in the United States. According to NSF, in
    fiscal year 2020, 42,727 applications were received, but only 12,172
    were funded. Many of these unfunded applications were deemed
    meritorious by independent scientific reviewers. When deserving
    proposals go unfunded, scientific progress and the resulting benefits
    to society are delayed or lost.
        The potential impact of these missed opportunities is even starker
    when considering the return on investment in scientific research and
    the significant investments that other nations are making in comparable
    research areas. According to the National Science Board's 2020 Science
    and Engineering Indicators, ``Where once the U.S. was the uncontested
    leader in science and engineering, we are now playing a less dominant
    role.'' The United States was the largest R&D performer in 2017,
    followed by China. To remain at the forefront of scientific discovery
    and continue leading the world in science and engineering, we must
    invest strategically and robustly now. NSF increases the
    competitiveness and growth of our country, but also of each State as
    well. In fiscal year 2020, for example, New Hampshire research
    institutions were competitively awarded a total of $42,904,000 in NSF
    grant funding, and Kansas research institutions were awarded a total of
    $44,239,000.
         funding for the national science foundation and policy issues
        As previously noted, APS recommends an fiscal year 2022 funding
    level of $10.2 billion for NSF, a funding level that makes clear that
    scientific research is a national priority.
        APS does not recommend that Congress allocate funding at the
    directorate level. We do encourage Congress to provide sufficient
    funding to allow NSF to make additional and strategic new investments
    in SBE. As mentioned previously, this research is key to responding to
    COVID-19 and its effects, including the ways the pandemic has affected
    disproportionately those from disparity groups. Reports from NSF
    indicate that the SBE community is applying at record rates for funding
    to address behavioral elements of COVID-19, and that these applications
    are exceptionally meritorious and capable of broad and immediate
    impacts.
        In addition to offering potential solutions to COVID-19's effects,
    SBE provides critical support to the behavioral science community
    broadly. Despite being the smallest directorate at NSF, SBE funds 55
    percent of all university-based social and behavioral science research
    in the United States. In 2020, SBE awarded approximately $1.9 million
    and $983,000 in fiscal year 2020 research grants to the Chairwoman and
    Ranking Member's home States of New Hampshire and Kansas, respectively.
    We therefore urge the Committee include the following report language:

              Social, Behavioral, and Economic Sciences (SBE).--The
            Committee supports SBE and recognizes the fundamental
            importance of the research it supports in advancing scientific
            understanding of critical challenges facing our Nation,
            including increased misinformation, polarization, and bias. SBE
            sciences also afford insights into advancing public health,
            defense and security, education and learning, and the interface
            of humans and technology. SBE funds over half of our Nation's
            university-based behavioral science research, yet it is among
            the smallest NSF research directorates. Because the Committee
            believes SBE research provides an evidence-based understanding
            of human behavior, it recommends an increase over the fiscal
            year 2021 levels for SBE activities commensurate with its
            potential for impact.

        The National Science Foundation (NSF) Graduate Research Fellowship
    Program (GRFP) is the country's oldest fellowship program that directly
    supports graduate students in various science, technology, engineering
    and mathematics fields. These fellows are anticipated to become
    knowledge experts who can contribute significantly to research,
    teaching, and innovations in science and engineering; they are crucial
    to maintaining and advancing the Nation's technological infrastructure
    and national security as well as contributing to the economic well-
    being of society at large. Importantly, they enable the most promising
    candidates from groups historically underrepresented in science to
    choose science as a career.
        Over the last several years, both GRFP program solicitations and
    the Administration's budget requests state that NSF is planning to
    reduce the number of awards to 1,600 down from the previous award level
    of 2,000 awards. It is only when Congress intervenes with directive
    report language in the CJS Appropriations reports that the awards are
    brought up to the steady level of 2,000 per year.
        Given that many students are suffering disruptions or delays to
    their education resulting from COVID-19, NSF should be doing more to
    support the careers of student scientists. A cut in the number of GRFP
    awards sends an unintended message to those at early career levels that
    NSF's support is declining. APS urges the following report language be
    included in the fiscal year 2022 report supporting these important
    training grants.

              Graduate Research Fellowship Program.--The Committee notes
            that the Graduate Research Fellowship program (GRFP) has a long
            history of selecting recipients who achieve high levels of
            success in their future academic and professional careers and
            recognizes and supports outstanding graduate students in NSF
            supported sciences, engineering, and mathematics, including the
            field of behavioral science. In recognition of the outstanding
            contributions of this program to launch the careers of talented
            graduate students as they become lifelong leaders who
            contribute to scientific innovations and teaching, the
            Committee has provided the resources necessary to fund more
            than 3,000 grants in fiscal year 2022 and urges the program
            continue to grow in future years.

        There is significant support in Congress and the Administration to
    expand the National Science Foundation with increases in funding as
    well as a new Technology and Innovation Directorate. APS appreciates
    the enthusiasm and attention to science and technology, and we
    wholeheartedly support efforts to grow scientific advancement. We
    request that Congress ensure that its efforts further strengthen NSF's
    unique mission of supporting fundamental research in all fields. We
    also encourage Congress to continue to support NSF's initiatives that
    ensure the U.S. science and technology workforce reflects the U.S.
    population, increase the number of leaders in science from historically
    underrepresented backgrounds, and support funding for and outreach to
    deserving colleges and universities that are not typical recipients of
    NSF support.
                             summary and conclusion
        APS shares your commitment to fostering innovation and economic
    competitiveness through investing in our Nation's research
    infrastructure. While we request $10.2 billion for NSF, even more
    Federal funding for the agency could result in more research that can
    lead to new knowledge, new discoveries, and possibly products,
    services, and new industries. Additional SBE research will continue to
    help us understand patterns of stability and change at the individual,
    group, organizational, and societal levels that can be applied to
    promote the progress of science and to advance national health,
    prosperity, and welfare. Continued support for the Graduate Research
    Fellowship program at current levels, or even higher, provides training
    support for our future scientists and engineers.
        We appreciate the opportunity to provide this testimony. and thank
    you for your leadership.

        [This statement was submitted by Robert Gropp, Executive Director.]
                                     ______

                           Prepared Statement of CAST
                          national science foundation
        Chairwoman Shaheen, Ranking Member Moran and Members of the
    subcommittee, since 1984, CAST (originally the Center for Applied
    Special Technology) has worked relentlessly to ensure that our Nation
    is one where learning has no limits for all individuals. We pioneered
    Universal Design for Learning (UDL), a set of principles and guidelines
    for inclusive curriculum design that is now included in the Every
    Student Succeeds Act (ESSA), the Higher Education Opportunity Act
    (HEA), the Strengthening Career and Technical Education for the 21st
    Century Act (Perkins V) and the National Education Technology Plan.
        CAST is a non-profit organization that uses educational technology
    coupled with our expertise in the learning sciences to ensure all
    learners can and do reach their full potential. With grants provided by
    the National Science Foundation (NSF), U.S. Departments of Education
    (ED) and Labor (DOL) as well as the private sector, we work to ensure
    the full power of UDL is utilized to harness technology and
    instructional practices to remove barriers to learning in digital as
    well as physical settings. UDL encourages the design of flexible
    learning environments that anticipate learner variability and provide
    alternative routes or paths to success; UDL acknowledges that
    variability across all learners is the norm rather than the exception.
    UDL provides both viable alternatives for all learners to access
    blended and online education and provides a responsive framework to
    support educators in their professional learning and application in any
    teaching environment. CAST's aim is to create a level playing field
    where all learners have equitable opportunities to succeed.

        In fiscal year 2022, CAST requests: (1) National Science
    Foundation: receive a 20 percent overall increase. (2) National Science
    Foundation--Education and Human Resources: receive a 16 percent
    increase from $1.1B to $1.287B.

        Since pioneering UDL more than 30 years ago, CAST has brought UDL
    into K-12 schools, into postsecondary settings and increasingly into
    career and technical education programs including STEM. Currently,
    through public-private partnerships, including funding provided by NSF,
    CAST is working to increase equity, diversity and inclusion of all
    students in STEM including English Learners, students with low
    literacy, and students with disabilities by: developing accessible STEM
    educational resources and making them more widely available to teachers
    and students; increasing engagement of [all] students, youth, adults in
    STEM education/STEM careers; and, ensuring STEM teachers have
    opportunities to be trained and receive a credential in the use of UDL.

        Examples of successful initiatives led by CAST and funded and/or
    co-funded by NSF include:

        STEMfolio: The Career Exploration and Readiness Environment for
    Science, Technology, Engineering and Mathematics (CEE-STEM) program is
    led by CAST with funding through NSF. CEE-STEM provides an e-portfolio
    called STEMfolio, which supports non-traditional high school students
    to collect information, reflect and record information regarding STEM
    careers of interest, chronicle their STEM learning in both classroom
    and job sites related to those careers, and take actions to connect
    with STEM postsecondary and employment opportunities. For educators,
    rubrics are provided so that teachers can evaluate students'
    understanding of various careers and the quality of materials in the
    student portfolio. STEMfolio is explicitly designed to increase
    diversity and inclusion in STEM, by helping marginalized students see
    the relevance and achievability of STEM career paths. By partnering
    with YouthBuild USA in the design and piloting of the tool, CAST has
    made sure that STEMFolio supports STEM learning and career pathways for
    young adults who are members of ethnic minority groups and who are
    economically disadvantaged, many of whom have dropped out of
    traditional high school paths and may also be justice-involved or be
    young parents.
        UDL for Learning Science Notebook (SNUDLE): With NSF and ED
    funding, the SNUDLE project is designed to support elementary school
    students with learning disabilities in active science learning. Study
    results have shown the tool's support for science learning and the
    science inquiry process have statistically significant effects on
    students with disabilities science performance and their motivation for
    science learning.
        Co-Organize Your Learning (CORGI): With NSF and ED funding, this
    project is designed to enhance student engagement and learning through
    a Google application (app) designed for students and teachers to use to
    collaboratively answer questions requiring higher order reasoning.
        Multi-Gen STEM Makerspaces Project is a Makerspace initiative
    designed to increase access to STEM engagement, multi-disciplinary
    learning and opportunity by residents of low-income communities.
    Makerspaces have cropped up in schools, libraries, museums, and other
    settings, but low-income communities have not had the same access to
    these resources and their learning opportunities as have more affluent
    ones. CAST is changing that by working in partnership with an
    affordable housing complex in Stamford, CT. With NSF funding, we are
    co-designing makerspace guidelines, workshops and a Multi-Gen Makers
    Playbook that can be hosted and sustained in affordable housing
    complexes across the country to provide an engaging, accessible route
    to embed STEM learning in families' lives, allowing caregivers,
    children, young adults, and neighbors to gather and share their
    existing knowledge and skills, collaborate authentically and build on
    it, using STEM to meet personally relevant goals, to pursue a STEM
    career pathway, or to nurture a hobby or interest.
        Advanced Technological Education: Making Community College
    Technician Education More Accessible for Everyone (AccessATE). Through
    support from NSF, the project goal is to support the ATE community and
    provide ATE grantees with the tools and knowledge to increase the
    accessibility and usability of their resources and activities. CAST is
    providing technical assistance on accessibility and UDL to ATE Centers
    and recipients of ATE research grants. Partners include: Internet
    Scout, the Accessible Education Materials Center, DeafTEC, Human
    Engineering Research Laboratories and the National Center for
    Accessible Media. The AccessATE work specifically supports: Community
    college programs (e.g., Corrections, Manchester Community College, CT);
    and Marginalized rural youth (increasing access to work-based learning
    through outdoor recreation).
        Advanced Regenerative Manufacturing Institute (ARMI). This public-
    private initiative to ``secure U.S. global leadership in advanced
    manufacturing'' brings CAST together with career and technical
    education schools, industry partners, and colleges to produce prototype
    career exploration modules that showcase the varied pathways into these
    new industries. The goal is to increase the number of students from
    under-represented populations and backgrounds pursuing careers in these
    nascent fields. Partners are: ARMI (industry and business), ATE
    community and career and technical education (CTE) via Federal Perkins
    funds.
        As you can see, continuing to support NSF's education portfolio is
    essential, especially as the agency seeks to leverage the UDL
    framework. Funding for this work is critical to mitigating the current
    impact of digital, in-person or hybrid learning and, instead, achieving
    the inclusive potential of flexible learning environments because the
    U.S. population of learners is predictably diverse. Federal investments
    made by NSF to support teachers and other educators, as well as
    learners of all ages must plan for this diversity. To ensure equity, it
    is vital that all learners, including K-12 students, hard-to-engage
    youth, first-time career seekers, or adults desiring new opportunities,
    have access to STEM workforce development as well as career pathways
    and programs that are designed with the variability of their learning
    in mind. Continuing to invest in educational innovations that
    incorporate effective implementation of UDL while prioritizing the need
    to include UDL as part of the infrastructure of STEM education,
    including faculty training and expanding community and individual
    awareness creates equity and makes sense.
        CAST appreciates the opportunity to provide recommendations to the
    subcommittee regarding the fiscal year 2022 appropriations bill and
    urges you to expand investments in the NSF as recommended. We look
    forward to working with you as you develop a final appropriations bill
    that supports the NSF and also recognizes UDL as a vital component to
    STEM education and career training to increase and sustain a vital
    workforce.

        [This statement was submitted by Linda G. Gerstle, CEO.]
                                     ______

        Prepared Statement of the Coastal States Organization, National
    Estuarine Research Reserve, National Marine Sanctuary Foundation, IOOS
                     Association, and Sea Grant Association
        support for fiscal year 2022 appropriations to promote climate
     resilience and adaptation for the nation's oceans, coasts, and great
                                     lakes
        This joint statement is submitted on behalf of the non-profit
    organizations listed above who share a deep concern for the health of
    the Nation's oceans, coasts, and Great Lakes. The members of our
    organizations work as partners to assist our coastal communities
    enhance their resilience by leveraging each other's contributions and
    strengths in an effort to ensure we maximize the use of our resources
    towards synergistic outcomes i.e., ``a whole that is greater than the
    sum of the parts.''
        America's coasts are highly desirable places to live, with growing
    populations, however, at this interface between land and water, coastal
    dynamics are constantly in flux, bringing a unique set of challenges:

      --COVID-19. The global COVID-19 pandemic has highlighted and
            compounded economic and social challenges at many levels,
            particularly for disadvantaged communities.
      --Climate Change. Coastal residents are increasingly threatened by
            hurricanes, fires, flooding, typhoons and tsunamis, as well as
            chronic challenges, including coastal inundation (due to rising
            sea levels and land subsidence), erosion, and increasing storm
            intensity.
      --Racial Equity. Historically underserved and underrepresented
            communities, particularly Black, Indigenous and people of
            color, are disproportionately impacted by weather, climate, and
            disease impacts.
      --Economic Recovery. Loss of jobs and market-related impacts have
            been acutely felt in coastal communities.

        Coastal resilience is a complex and continuously evolving issue and
    effectively addressing it requires a collaborative framework of
    Federal, State, and local partners. NOAA's partner programs--Coastal
    Zone Management, Sea Grant, National Estuarine Research Reserves,
    National Marine Sanctuaries and the Integrated Ocean Observing System--
    work together to provide tailored information, planning resources,
    protected land and water areas, science and science translation that
    provide a comprehensive and integrated set of services to address
    national priorities effectively at the local, State and regional level.
    Depending on geography and the specific challenge, each of these
    partners provides a critical tool in the toolbox needed to support
    communities in addressing coastal resilience and climate adaptation:

      --Innovative science is necessary to develop new coastal resource
            management, protection, and restoration techniques.
      --Sustained observations and accurate data collection are necessary
            to inform innovated science.
      --Modeling and visualization tools are necessary to translate data
            into meaningful information to inform coastal decision-making.
      --Coastal zone management policies informed by data and science are
            necessary to ensure wise management of the coasts.
      --Policies to enforce wise coastal management, resilience planning,
            implementation of coastal restoration and resilient
            infrastructure projects, and timely and robust coastal hazard
            response are necessary to translate data and science into
            effective coastal management
      --Education and communication resources for best practices and risk
            communication are necessary to ensure that the public has
            reliable and actionable information regarding coastal hazards.
      --Conservation, protection, and stewardship of coastal places is
            necessary to provide coastal protections from coastal hazards
            and to study sentinel-sites to inform coastal adaption and
            hazard mitigation efforts.

        If any of these tools is missing, or Federal investments do not
    adequately support each of these tools, efforts to address coastal
    climate resilience and adaptation will be hampered and less effective.
    The immense challenges facing our coastal communities and ecosystems
    are much too large for any one organization to be able to solve alone.
    Thriving and collaborative partnerships are essential to supporting the
    vision of safe and sustainable coasts. Each of the partners here play a
    critical role in advancing coastal resilience and adaptation and
    actively work collaboratively to advance these goals.
        Over 126 million residents--40 percent of the population of the
    United States--live in coastal counties occupying only 10 percent of
    the U.S. landmass. These counties employ 56 million people, resulting
    in $3.4 trillion in wages annually, and produce more than $8.3 trillion
    in goods and services. Weather- and climate-related hazards, and the
    resulting loss of life as well as environmental and economic impacts,
    have increased at an alarming rate. Since 1980, the Nation experienced
    285 weather and climate disasters where overall damages reached or
    exceeded $1 billion. The cost of these 285 events exceeds $1.875
    trillion. Just in the last 5 years (2016-2020), the Nation was
    subjected to 81 events that resulted in nearly 4,000 deaths and damages
    that exceed $600 billion.
        These weather and climate coastal hazards threaten critical coastal
    infrastructure, water and food supplies, and lives and livelihoods.
    These hazards can create both governance challenges and social
    instability and have a disproportionate impact on under resourced
    communities and communities of color. The increasing physical and
    economic damages, social justice implications, and community
    devastation is testing governments at all levels, and have shown that
    more is needed to ensure that our coastal communities are prepared for,
    have taken mitigation measures to reduce the impact of, and are able to
    respond to and recover from major episodic and chronic weather and
    climate threats. To ensure coastal communities are prepared to address
    increasing coastal hazards, a robust investment in a networked
    resilience initiative is necessary.
        Sea Level Rise in New Hampshire.--New Hampshire Seacoast
    communities experience increasingly frequent and severe storm impacts.
    This can lead to devastating flooding, as seen in three back-to-back
    Nor'easters in 2018 that knocked out power to millions in New England,
    drove erosion that carved up the coast, and floated dumpsters down main
    streets in Hampton, NH. University of New Hampshire researchers with
    support from New Hampshire Sea Grant in partnership with staff at the
    New Hampshire Department of Environmental Service (NHDES)'s Coastal
    Program spearheaded the Coastal Landowner Technical Assistance Program
    (LTAP)--to guide residents through assessing and mitigating flooding
    and erosion risk on their properties. Since launching in 2019, LTAP has
    helped over 70 participants at 25 flood- and/or erosion-prone sites.
    LTAP provides consistent technical assistance to coastal landowners to
    help understand their potential coastal flood risks and restoration
    opportunities, clarify goals for managing their property, and identify
    conceptual options that may enhance the resilience of their properties,
    neighborhoods, and community's natural resources.
        South Carolina, Delaware, North Carolina, Florida, and Georgia--
    Using Data to Prepare for Hurricanes and Severe Storm Impacts.--Downed
    power lines, flooding, damaged buildings--some hurricane impacts are
    easy to spot. Others, like changes in water salinity that impact local
    fisheries, are harder to assess. Not knowing where such changes occur,
    or how long they linger, is a perennial challenge for coastal decision
    makers. To meet this need, the National Estuarine Research Reserve
    System-Wide Monitoring Program (NERRS SWMP) and the Integrated Ocean
    Observing System (IOOS) along the East Coast partnered to track
    salinity changes that resulted from Hurricanes Joaquin in 2015 and
    Matthew in 2016. Both networks collect data that can be used to track
    storm signals: NERRS data typically comes from nearshore and upstream
    areas, and IOOS data is collected further offshore. By putting these
    datasets together, you can paint a picture of a hurricane and its
    impacts in near real-time as a storm moves along the coast and into the
    watershed. The team found that, depending on the location, the changes
    in salinity persisted for a week to more than a month after the storm
    had passed. Using visualizations and data mapping, they showed the
    magnitude and duration of these changes--powerful information for
    managers of fisheries that are sensitive to salinity. By forming an
    extended network of monitoring stations collecting data over large
    geographic areas, NERRS and IOOS have the potential to accelerate
    understanding of the science around a range of storm impacts and their
    drivers.
        Hawaiian Indigenous Seafoods, COVID, and Marine Conservation.--
    Food, land, and people are closely interwoven in the mission of
    Hawai`i's He`eia National Estuarine Research Reserve. In 2020, the
    Reserve, Hawai'i Sea Grant Program, Paepae o He`eia and Kako`o `Oiwi
    tied these threads together to help food service workers hit hard by
    the COVID-19 pandemic with a professional development experience based
    on Indigenous seafood. Revitalizing Indigenous food systems and
    associated food culture is a central component of coastal and marine
    conservation in the Hawaiian Islands. In this 7-week training,
    participants explored the history, ecology, cultural practices,
    cultivation, and harvesting techniques of Indigenous seafoods and
    learned how to prepare and preserve them. The food service industry was
    one of the hardest hit in Hawai?i during the pandemic, with a 58
    percent loss of full-time employees between January and April 2020. In
    addition to professional development, training organizers worked to
    support employee retention, increase public understanding of local
    foods, and strengthen partnerships between Indigenous seafood
    practitioners and local restaurants. By providing a stipend to
    participants, the program also was a short-term source of income to
    workers facing unemployment or underemployment due to the pandemic.
    Participants have become informal educators, able to introduce and
    explain native foods and their preparation techniques to the public.
        Collaboration Enhances Hazard Resilience in Washington.--The
    Washington Coastal Zone Management Program (CZM), Washington Sea Grant
    (WSG), and the Padilla Bay National Estuarine Research Reserve (NERR)
    are longstanding partners in addressing Federal hazard resilience
    objectives along the State's 3,000-mile marine coastline by applying
    scientific and technical innovations to coastal management policy and
    community assistance programs. The team worked with science partners
    and pilot communities to produce localized sea level rise projections
    that are relevant to existing planning and funding processes. The
    project relied on Washington Sea Grant expertise to rapidly improve the
    scientific information and tools to evaluate risk, CZM planning and
    design guidance to support local adaptation strategies and NERR
    leadership to develop a new climate resilience series in the State's
    Coastal Training Program. A redesigned website for the Washington
    Coastal Hazards Resilience Network provides improved access to related
    technical information and case histories. The net effect has been
    greater collective capacity in Washington to support local initiatives.
        Building Alaskan Community Resilience to Harmful Algal Blooms.--The
    economic, environmental and health impact of harmful algal blooms
    (HABS) is increasing around the country as new species emerge and
    existing problems grow worse. For example, in Alaska the State saw its
    first paralytic shellfish poisoning fatality in more than a decade last
    year. The impacts of HABs on shellfish threaten public health and
    Alaska's economy, which includes an estimated $12.8 billion in economic
    output related to the annual commercial and wild shellfish harvest each
    year. In response to this growing threat, the Alaska Ocean Observing
    System supported detection and early warning of harmful algal blooms
    through the deployment of sensors, development of forecasts and data
    integration and management. The Kachemak Bay National Estuarine
    Research Reserve initiated an ongoing HABs community monitoring program
    that is helping citizens, businesses, and the State--which lacks a
    shellfish monitoring program--respond to the challenge. Working
    together--the Reserve joined the Alaska Sea Grant Program and the
    Alaska Ocean Observing System to form the statewide Alaska Harmful
    Algal Bloom Network. This collaboration is helping to understand and
    track HABs and their impacts on a harvest that yields 36 million pounds
    of wild food annually. These programs work with local shellfish
    growers, Tribes, and resource managers to support phytoplankton
    monitoring, shellfish sampling, workshops, risk communication training,
    public service announcements, and weekly monitoring reports.
        Oregon Shoreline Armoring.--Oregon Sea Grant (OSG) and the Oregon
    Coastal Zone Program within the Oregon Department of Land Conservation
    and Development (DLCD) was tasked with addressing shoreline armoring
    (the practice of using physical structures to protect shorelines from
    coastal erosion) in Goal 18 of Oregon's statewide land use planning
    goals on conserving and protecting Oregon's beaches and dunes, and on
    reducing hazards to human life and property. A diverse focus group,
    including a program manager from the Oregon Department of
    Transportation, a director of a public utility, a county planner, a
    city manager, an engineering geologist, an economist and a land use
    attorney, was asked to address key topics related to shoreline
    armoring. Permits for armoring are limited to areas of development
    prior to 1977, when goal 18 was implemented. The topic is
    controversial, with OSG playing a neutral role. The group ultimately
    produced a consensus report that is used by DLCD in its management of
    the Oregon coast.
        In conclusion, we urge the subcommittee to strongly support
    programs and initiatives in the fiscal year 2022 budget for NOAA) that
    collectively help strengthen our coastal communities' resilience
    specifically:

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

    ------------------------------------------------------------------------
    $107.9 million in fiscal year 2022 for   $40 million for National Oceans
     the National Sea Grant College Program   and Coastal Security Fund
     and $15 million for Sea Grant
     Aquaculture..
    ------------------------------------------------------------------------
    $36.8 million for the Integrated Ocean   $88.5 million for Coastal
     Observing Program.                       Management Grants and $50.45
                                              million for Coastal Zone Mgt
                                              and Services
    ------------------------------------------------------------------------
    $32 million for National Estuarine       $35 million for NOAA Education
     Research Reserve System operations and   programs
     $10 million for procurement,
     acquisition & construction.
    ------------------------------------------------------------------------
    $72 million for National Marine          $6 million for the Digital
     Sanctuaries operations and $8.5          Coast Program
     million for procurement, acquisition &
     construction.
    ------------------------------------------------------------------------

        Ocean, coastal, and Great Lakes research, education, conservation,
    and resource management programs funded by this subcommittee are
    investments in the future health, resiliency, and well-being of our
    coastal communities which will result in returns of improved quality of
    life, as well as environmental and economic outcomes many times over
    the Federal investment. Thank you for the opportunity to provide this
    joint statement.

                                     ______

     Prepared Statement of the Columbia River Inter-Tribal Fish Commission
        The Columbia River Inter-Tribal Fish Commission (CRITFC) is pleased
    to share our views on the Department of Commerce's fiscal Year 2022
    budget and has identified the following funding needs:

              $109.0 million for Salmon Management Activities of which:

            -- $26.5 million for Mitchell Act Programs to support on-going
                operation and maintenance of the program and produce the
                targeted fish mitigation numbers; and
            -- $43.5 million for the Pacific Salmon Treaty in annual
                operations for the implementation of the 2019-2028
                Agreement.

              $70 million for the Pacific Coastal Salmon Recovery Fund to
            support on-the-ground salmon restoration activities.
              $4 million for Columbia River Pinniped Management to support
            implementation of the MMPA Section 120(f) permit issued by
            NOAA-F in 2019
              $80.8 million for Integrated Ocean Observing System (IOOS) in
            NOAA National Ocean Service budget

            -- $69.5 million supports IOOS Regional Associations, including
                the NANOOS (Northwest Associations of Network Ocean
                Observing Systems) regional association, which serves
                Oregon and Washington.
            -- $11.3 million supports IOOS National program in the
                Navigation, Observation and Positioning budget line.

        Background: The Columbia River Inter-Tribal Fish Commission
    (CRITFC) was founded in 1977 by the four Columbia River treaty Tribes:
    Confederated Tribes of the Umatilla Indian Reservation, Confederated
    Tribes of the Warm Springs Reservation of Oregon, Confederated Tribes
    and Bands of the Yakama Nation, and the Nez Perce Tribe. CRITFC
    provides coordination and technical assistance to the Tribes in
    regional, national and international efforts to protect and restore
    fisheries and fish habitat.
        In 1855, the United States entered into treaties with the four
    Tribes.\1\ The Tribes ceded tens of millions of acres of our homelands
    to the U.S. and the U.S. pledged to honor our ancestral rights,
    including the right to fish at all usual and accustomed places.
    Unfortunately, a long history of hydroelectric development, habitat
    destruction, and over-fishing by non-Indians brought the salmon
    resource to the edge of extinction with 12 salmon and steelhead trout
    populations in the Columbia River basin listed under the Endangered
    Species Act (ESA).
    ---------------------------------------------------------------------------
        \1\ Treaty with the Yakama Tribe, June 6, 1855, 12 Stat. 951;
    Treaty with the Tribes of Middle Oregon, June 25, 1855, 12 Stat. 963;
    Treaty with the Umatilla Tribe, June 9, 1855, 12 Stat. 945; Treaty with
    the Nez Perce Tribe, June 11, 1855, 12 Stat. 9.
    ---------------------------------------------------------------------------
        Today, the treaties form the bedrock of fisheries management. The
    CRITFC Tribes are among the most successful fishery managers in the
    country, leading restoration efforts and working with State, Federal,
    and private entities. CRITFC's comprehensive plan, Wy-Kan-Ush-Mi Wa-
    Kish-Wit, outlines principles and objectives designed to halt the
    decline of salmon, lamprey, and sturgeon populations and rebuild the
    fisheries to levels that support Tribal ceremonial, subsistence, and
    commercial harvests. To achieve these objectives, the plan emphasizes
    strategies that rely on natural production, healthy rivers, and
    collaborative efforts.
        Several key regional agreements were completed in 2008. The
    Columbia Basin Fish Accords set out parameters for management of the
    Federal Columbia River Power System for fish passage. New agreements in
    U.S. v. Oregon and the Pacific Salmon Commission established fishery
    management criteria for fisheries ranging from the Columbia River to
    Southeast Alaska. The U.S. v. Oregon agreement also contains provisions
    for hatchery management in the Columbia River basin. We have
    successfully secured other funds to support our efforts to implement
    these agreements, including funds from the Bonneville Power
    Administration (BPA), the Department of Interior, and the Southern Fund
    of the Pacific Salmon Treaty, to name just a few. Continued Federal
    funding support is needed to accomplish the management objectives
    embodied in the agreements.
    Salmon Management Activities
        Columbia River (Mitchell Act) Hatchery Program: We request the
    Mitchell Act be funded at $26.5 million for fiscal Year 2022. The
    Mitchell Act enables Federal agencies to work with the Lower Columbia
    River treaty Tribes and the States of Oregon, Washington, and Idaho to
    establish and operate a series of hatcheries and passage facilities to
    improve declining fish runs in the Columbia River, ensure conservation
    of these critical natural resources, maintain economically viable
    Tribal, commercial, and sports fisheries and provide prey for Southern
    Resident killer whales. Today, the Mitchell Act funds 60 programs that
    produce approximately 40 million fish annually--nearly 30 percent of
    the total salmon and steelhead production in the Columbia Basin.
        The request for an additional $4.5 million in Mitchell act funds
    above the fiscal Year 2021 funding level ($22 million) is to ensure
    that mitigation hatcheries maintain levels of production and meet new
    operating requirements consistent with Federal obligations. There is an
    obligation to treaty Tribes and other stakeholders for mitigation and
    in order to reach mitigation responsibilities, there must be full
    hatchery production.
        Pacific Salmon Treaty Program: CRITFC supports the U.S. Section
    recommendation of $43.5 million for implementation of the revised
    Pacific Salmon Treaty (Treaty).
        The Department of Commerce principally funds programs conducted by
    the States of Washington, Oregon, Idaho, and Alaska and the NMFS.
    However, the cost of programs conducted by these States to fulfill
    national commitments created by the Treaty continue to be substantially
    greater than the funding provided in the NMFS budget. Consequently,
    they have supplemented the Federal Treaty appropriations from other
    sources, including their general funds. Many of those funding sources
    are limited or no longer available and this has been exacerbated by the
    ongoing global pandemic.
        The $20 million increase in the fiscal Year 2020 budget and the $5
    million in the fiscal year 2021 budget were greatly appreciated,
    however it falls short of what the U.S. Section estimates is needed to
    fully implement the revised Annex Chapters to the Pacific Salmon
    Treaty.
        Pacific Coastal Salmon Recovery Program (PCSRF): The PCSRF program
    was developed in 2000 by the State of Alaska, the Pacific Northwest
    States, and the treaty Tribes since the renewal of the Pacific Salmon
    Treaty in 1995 to fulfill the unmet needs for the conservation and
    restoration of salmon stocks shared in the Tribal, State, and
    international fisheries. Since that time, the number of entities
    eligible for receiving funding has grown.
        PCSRF has funded 401 Yakama, Umatilla, Warm Springs, Nez Perce, and
    CRITFC Tribal salmon recovery projects. These projects have contributed
    greatly to the PNW effort to avoid extinction of Columbia Basin salmon
    species and their habitat. Accomplishments include 4,581 stream miles
    monitored; 413 miles of stream made accessible to salmon; 4,971 acres
    of riparian area treated; 11,341 acres conserved by acquisition or
    lease; and 2 million salmon fry/smolts released annually. PCSRF is
    vital to fulfill the region's goal of full salmon recovery and
    sustainability of the fishery and provide for meaningful exercise of
    the treaty-reserved rights of the lower Columbia River treaty Tribes.
        The co-managers have developed an extensive matrix of performance
    standards to address accountability and performance standards, which
    includes the use of monitoring protocols to systematically track
    current and future projects basin-wide. The PCSRF projects implemented
    are based on the best science, adequately monitored, and address the
    limiting factors affecting salmon restoration. Projects undertaken by
    the Tribes are consistent with CRITFC's salmon restoration plan and the
    programmatic areas identified by Congress.
        We recommend a funding level of $70 million for the PCSRF fiscal
    Year 2022 allocation. Long-term economic benefits can be achieved by
    making PCSRF investments on-the- ground to rebuild sustainable,
    harvestable salmon populations into the future.
        Columbia River Section 120 (f) Pinniped Removal Program: Since
    2002, sea lions in the Columbia River have significantly impacted
    endangered and threatened stocks of salmon and steelhead. Sea lions
    also prey on Pacific lamprey and mature sturgeon below Bonneville Dam,
    and on listed salmon and steelhead runs in the Willamette River and
    other tributaries to the Columbia River. Thirty-two wild salmon
    populations bound for the upper Columbia and Snake rivers are
    vulnerable to predation by sea lions immediately below Bonneville Dam.
    Other ESA-listed salmon and steelhead populations passing through the
    lower Columbia River when sea lions are feeding include lower Columbia
    River chinook, lower Columbia River steelhead, middle Columbia River
    steelhead, Snake River basin steelhead, upper Willamette River chinook,
    and upper Willamette River steelhead. All six of these are listed as
    ``threatened'' under the ESA.
        Despite non-lethal and limited lethal-take measures, the number of
    salmon and steelhead consumed by sea lions below Bonneville Dam more
    than doubled between 2006 and 2015, as larger Steller sea lions
    increased in numbers and began to take a higher toll; management and
    Federal authorization was initially focused on California sea lions and
    not Steller sea lions. In response, Congress amended the Marine Mammal
    Protection Act (MMPA) in December 2018 to provide State and Tribal
    resource managers greater flexibility to manage sea lions. In August,
    2020, the Yakama, Nez Perce, Umatilla, and Warm Springs along with
    Oregon, Washington, and Idaho, received a MMPA Section 120(f) permit
    from the National Marine Fisheries Service to actively manage pinniped
    populations in the lower Columbia River and its tributaries. The
    authority under this permit increases the scope and scale from earlier
    management efforts and expands lethal removal authority to also include
    Steller sea lions. This permit expands the area of potential removals
    and will increase removal activity from 3 months per year to 10 or more
    months per year. Previously, removing sea lions required a multistep
    process which included branding the animals and identifying repeat
    offenders. This new authority will streamline that process and, as a
    result, will increase the number of trappings and removals. In order to
    fully implement the Section 120(f) permit, the States and Tribes are
    requesting $4 million in Federal funds. This will supplement current
    State and Tribal contributions.
        Regional and National Integrated Ocean Observing System (IOOS) in
    NOAA National Ocean Service budget: CRITFC supports the Commerce
    Department's recommendation of $69.5 million for IOOS Regional
    Associations, and $11.3 million in the Navigation, Observations and
    Positioning line for IOOS national program efforts.
        The Commerce Department's budget justification requests increased
    funding for the National IOOS office to create and foster natural and
    economic resilience, including the creation of a Marine Life Program in
    IOOS, and to improve data management and cyberinfrastructure (DMAC) to
    enhance Regional IOOS expertise for stakeholder engagement and co-
    development of IOOS decision support products and services.
        IOOS is the Nation's premier coastal and Great Lakes observing
    program, providing information that helps protect lives, economies, and
    our environment. Fully funding IOOS consistent with the Commerce
    Department's budget request will maintain and improve critical program
    management and system development. Prior years' funding levels for IOOS
    have been insufficient to fully fund the identified regional needs for
    observation and modeling that are essential for understanding threats
    to Columbia River salmon in the estuary and ocean.
        In 2020, CRITFC assumed responsibility for the Coastal Margin
    Observation and Prediction (CMOP) program, a modeling and observation
    system covering the Columbia River estuary and coastal ocean. CMOP is
    funded as a component of NANOOS (Northwest Ocean Observing System, the
    Regional Association serving Oregon and Washington. As a Regional
    Association, NANOOS works with local experts, scientists, managers,
    industry, and stakeholders within the community to understand needs,
    identify priorities, and determine cost-effective solutions. NANOOS is
    committed to addressing national priorities in a manner that is
    tailored to the unique needs of our region and that will make a
    difference to stakeholders and constituents.
        In summary, the CRITFC and our four member Tribes have developed
    the capacity and infrastructure to become the regional leaders in
    restoring and rebuilding salmon populations of the Columbia Basin. Our
    collective efforts protect our treaty-reserved fishing rights and
    provides healthy, harvestable salmon populations for all citizens to
    enjoy. We will be pleased to provide any additional information that
    this subcommittee may require.
        Contact: Paul Ward, Director of Government Affairs,
    warp@critfc.org.

        [This statement was submitted by Jeremy Takala, Chairman.]
                                     ______

           Prepared Statement of the Consortium for Ocean Leadership
        On behalf of the Consortium for Ocean Leadership (COL), which
    represents our Nation's leading ocean science, research, and technology
    organizations from academia, industry, and the larger nonprofit sector,
    I appreciate the opportunity to submit for the record our fiscal year
    2022 funding priorities for the National Oceanic and Atmospheric
    Administration (NOAA), the National Science Foundation (NSF), and the
    National Aeronautics and Space Administration (NASA).
        The last year brought unprecedented challenges to our Nation and
    our world, challenges whose impacts we will be feeling for years to
    come. As our Nation moves from relief to recovery to resilience, it is
    critically important the Federal Government continue to invest in
    sciences outside the medical realm, increasing support for our ocean
    science agencies and programs. As the world's leading maritime nation,
    the success of our National economy is deeply tied to that of the
    maritime, or ``blue'' economy, and a resilient national recovery must
    include a significant revitalization of the blue economy. The blue
    economy has weathered previous recessions better than the overall
    economy; by 2016, employment had increased by 14.5 percent compared to
    pre-recession levels (2007), dwarfing the 4.8 percent employment growth
    of the National economy. Projections also show the growth of the blue
    economy is likely to outpace that of the global economy. While a strong
    pillar of our economy, the blue economy is not exempt from the negative
    impacts of COVID, and it's clear that its revitalization will be
    critical to ensuring our post-COVID economic prosperity.
        Investing in ocean science and technology, in addition to growing
    the blue economy, will allow us to understand our changing ocean and
    climate, enable science-based decision making on topics ranging from
    resource management to offshore wind, protect our coastal communities,
    enable resilience, and strengthen our National security. NOAA, NSF, and
    NASA each play important roles in understanding our Earth system--
    including the ocean, in educating our Nation's citizens to create a
    more environmental- and ocean-literate society; in growing a diverse
    and equitable Federal workforce; and much more. Additionally, these
    agencies are already heavily invested in climate research, and it is
    necessary to support and grow these existing programs, as well as the
    opportunity to grow coordination and collaboration across related issue
    areas.
        I appreciate and support the administration's widespread increases
    to ocean agencies and programs in the president's budget request.
    However, I was disappointed in the flat funding ($3 million) proposed
    for the National Oceanographic Partnership Program (NOPP). Given the
    current energy surrounding the program, due in part to its
    reauthorization in fiscal year 2021, and the increasingly important
    role of cross-sectoral partnerships, a more robust investment would
    ensure the rapid and flexible creation of multisector partnerships to
    solve complex ocean problems and to advance the economic,
    environmental, and national security interests of the United States.
    Increased investment would also signal to non-Federal partners the
    government's acknowledgement of the importance of their role and the
    potential for partnerships to advance our ocean enterprise. To fully
    utilize NOPP and facilitate the success of projects promoting national
    goals related to ocean knowledge, I respectfully request the
    subcommittee provide at least $20 million in NOPP funding--$10 million
    to NOAA and $10 million to NASA, and I also encourage strong support of
    the program through NSF. Of the $10 million to NOAA, at least $1
    million should be directed to the Ocean Research Advisory Panel (ORAP),
    NOPP's statutory Federal Advisory Committee Act body, as NOAA is now
    statutorily required through the fiscal year 2021 reauthorization to
    provide administrative and technical support.
                national oceanic and atmospheric administration

     I respectfully request at least $7.2 billion for NOAA (3 percent more
                               than the request).

        To make the best, proactive management decisions possible, it is
    necessary that we first understand our ocean. So much of our ocean
    remains unknown-more than 80 percent is unexplored, unmapped, or
    unobserved. We must grow our Nation's ability to both observe and to
    explore the ocean. I respectfully request at least:

      --$100 million for the Office of Ocean Exploration and Research (130
            percent more than the request), the only Federal organization
            dedicated to ocean exploration. Due to the cooperative nature
            of the enterprise, I also request report language addressing
            the importance of collaboration and coordination among Federal
            and State agencies, academic institutions, industry, Indigenous
            communities, philanthropy and other oceanographic partners to
            maximize return on investment and advance shared data, science
            and public engagement, and innovative technology.
      --$69.5 million for the U.S Integrated Ocean Observing System (IOOS)
            regional system (equal to the request), which includes at least
            $40.2 million for the National network of regional coastal
            observing systems; $2.5 million to install high-frequency radar
            systems to close gaps in the surface current mapping system,
            $3.5 million to support underwater gliders; $2.5 million to
            streamline observations, coastal resiliency, and coastal
            climate observations; $3.5 million to expand pilot projects for
            a National Harmful Algal Bloom Observing Network; and $4.3
            million for ocean technology and modeling innovation.
            Additionally, I request at least $7.3 million for the Program
            Office. I also support language in the request around the
            establishment of a Marine Life Program and the $15 million in
            external grant funding to expand marine life observations
            (which should include activities around eDNA and 'omics),
            support analysis, and forecast implications of climate change.
            Finally, I support authorizing language around maintaining and
            expanding the Ocean Noise Reference Station Network (in
            coordination with IOOS) and request $1.5 million for this work.
      --$66.8 million for the Sustained Ocean Observations and Monitoring
            Program (SOOM) (equal to the request) to maintain observations
            to better understand and respond to changing ocean conditions.
            SOOM, whose funding has remained essentially flat since fiscal
            year 2005, funds an array of monitoring capabilities necessary
            to understand the long-term impacts of the changing climate; to
            enhance hurricane forecasting, tsunami warning systems, and
            storm surge monitoring; to improve weather forecasting; to
            assess and plan for environmental variability and change; and
            to sustainably manage marine ecosystems.
      --$10 million for Uncrewed Systems (150 percent more than the
            request) within the Office of Oceanic and Atmospheric Research
            to advance research and evalution for operational readiness,
            including testing and evaluation in partnership with academia,
            industry, and other non-governmental organizations in support
            of the CENOTE Act of 2018 (Public Law 115-394). I respectfully
            request at least half the funding be for uncrewed maritime
            systems and that, to the extent practicable, funds be
            competitively awarded in open competition.

        NOPP is not the only partnership program that brings great benefit
    to the ocean science community. Many programs at NOAA advance
    cooperation and coordination between Federal and non-Federal partners
    and provide extramural funding opportunities. I respectfully request at
    least:

      --$42 million for the National Centers for Coastal Ocean Science
            Competitive Research Program (NCCOS CRP) (equal to the
            request), which has supported coastal and Great Lakes States
            and U.S. territories with groundbreaking and innovative
            research over the last 30 years. The $68.5 million has funded
            113 projects around a variety of topics, including harmful
            algal blooms (HABs), hypoxia, coastal change, and regional
            ecosystems. However, the program has received many more
            proposals than it has funded, with more than $441 million
            requested. Continuing to grow this account is necessary to
            support the increasing demand for these funds to address HABs
            and hypoxia challenges.
      --$115.7 million for the National Sea Grant College Program (Sea
            Grant) (equal to the request) and $15 million for Sea Grant
            (Marine) Aquaculture (15 percent above the request). For
            decades, Sea Grant has supported coastal and Great Lakes
            communities, improving community and economic resiliency,
            ensuring healthy coastal ecosystems, and advancing
            environmental literacy and workforce education.

        The importance of STEM education and extensions programs cannot be
    overstated. Expanding and growing our ocean-STEM pipeline to reach
    underserved and underrepresented communities is an imperative, as the
    ocean sciences severely lack diversity. This will also benefit the
    ocean-STEM pipeline and associated workforce, whose stability and
    diversity are at risk due to the COVID-19 pandemic and lingering
    inequities. I respectfully request at least:

      --$50 million for NOAA's Office of Education (22 percent more than
            the request), including a $20 million increase for NOAA's Bay-
            Watershed Education and Training and Environmental Literacy
            Program grants (ELP). Sustained and adequate funding for these
            programs advances NOAA's mission, grows the STEM workforce, and
            strengthens our economy. As the longest-standing and most
            comprehensive national grants program with a focus on
            environmental literacy, ELP grants have and will continue to
            keep our coastal communities--and our Nation as a whole--safe,
            secure, and prosperous.
                          national science foundation

    I respectfully request at least $10.2 billion for the agency (equal to
                                 the request).

        I thank the subcommittee for providing $127 million in fiscal year
    2019 to finish out the 3-year funding profile to complete construction
    of all three Regional Class Research Vessels (RCRVs). With more modern
    technology and abilities than previous generations, these long-awaited
    RCRVs will provide even more access to the marine realm, and I
    respectfully request the subcommittee maintain full operational and
    maintenance support for these critical research vessels, including
    funding needs related to COVID-19 delays and impacts. I appreciate the
    committee's efforts to bring the RCRVs online and believe now is the
    time to initiate conversations focused on ensuring continued access to
    Global Class Research Vessels in the future.
        NSF's Directorate for Geosciences (GEO) supports basic research
    from the ocean to the poles to the atmosphere. GEO is only growing in
    relevance to NSF's mission, particularly as we gain a better
    understanding of the impacts of a changing climate on everything from
    the ocean and human health to its role as an essential element of our
    National security. This research will help our Nation meet the
    challenges of today, particularly around the changing climate, from
    understanding, adapting to, and mitigating the impacts of change to
    predicting environmental hazards and extreme events. I respectfully
    urge strong support for GEO to help us understand our global
    environment.
        STEM education at NSF plays a vital role in securing our National,
    homeland, economic, energy, food, and water securities. Broadening the
    backgrounds of scientists to represent all people across our Nation,
    better reflecting our diversity of gender, race, class, and
    perspective, is critical for all STEM fields. A diverse, STEM-literate
    workforce strengthens our Nation's economy and is vital to maintaining
    the Nation's leadership in science and technology innovation. It is
    imperative to reinforce the importance of funding Federal programs that
    empower underrepresented groups to become the next generation of ocean-
    STEM leaders at every educational and technical level. The NSF INCLUDES
    (Inclusion across the Nation of Communities and Learners of
    Underrepresented Discoverers in Engineering and Science) program aims
    to increase access to and participation in STEM learning by demographic
    groups with historically low participation in these fields. Programs
    such as this--that support a more diversified academic core in the
    science and technology workforce--are key to ensuring the inclusion of
    underrepresented groups and in growing our blue economy, and I
    respectfully urge strong support for NSF INCLUDES.
        U.S. investment in scientific ocean drilling over the past 55 years
    has been vital to the health and sustainability of our Nation and our
    planet. Scientific ocean drilling has been and will continue to be a
    foundational platform to make advances of acute societal relevance and
    resilience. For example, it has allowed us to grow our understanding of
    past climate change and sea level rise and is critical to our
    understanding of future climate risk and the assessment of possible
    adaptation and remediation scenarios. Additionally, it has been and
    will continue to provide the critical insights and state-of-the-art
    monitoring data that will enable more reliable forecasts and
    assessments related to understanding the tectonic processes that result
    in mega-earthquakes and tsunami, which cause some of our planet's
    deadliest and most costly natural disasters, impacting highly
    vulnerable communities. Scientific ocean drilling also provides an
    opportunity to grow our STEM leadership and to diversify our workforce
    and represents one of this Nation's most successful, productive, and
    impactful investments advancing national STEM education and basic
    research. Maintaining U.S. leadership in scientific ocean drilling--
    through beginning to take actions necessary to build and support
    operations of a new drill ship to carry the International Ocean
    Discovery Program beyond the 2024 horizon that it is scheduled to end--
    is of the utmost importance.
                 national aeronautics and space administration
        Understanding our home planet is central to NASA's mandate, and
    space provides a unique perspective from which to understand Earth on a
    planetary scale. To grow our understanding of Earth--and to better
    prioritize understanding the changing climate--I respectfully request
    at least $9 billion for the Science Mission Directorate (14 percent
    more than the request) and at least $2.5 billion for NASA Earth Science
    (9 percent more than the request). This should include support for the
    agency's Earth-facing missions, specifically the Plankton, Aerosol,
    Cloud, ocean Ecosystem (PACE) mission and the Climate Absolute Radiance
    and Refractivity Observatory (CLARREO) Pathfinder instrument. Both were
    recommendations from the 2007 Earth Science decadal survey.
        Education programs bringing students into the STEM pipeline are
    critically important and need to increase their outreach to attract and
    retain underserved and underrepresented students in STEM fields. I
    request at least $147 million for the Office of STEM Engagement (equal
    to the request).
        By maintaining and growing these funding levels across all three
    agencies, the committee would also be supporting our Nation's
    leadership on recently announced U.S.-led initiatives that are part of
    the UN Decade of Ocean Science for Sustainable Development.

        [This statement was submitted by Dr. Alan P Leonardi, President and
    CEO.]
                                     ______

      Prepared Statement of the Consortium of Social Science Associations
         support of fiscal year 2022 funding for the national science
    foundation, census bureau, national institute of justice, and bureau of
                               justice statistics
        On behalf of the Consortium of Social Science Associations (COSSA),
    I offer this written testimony for inclusion in the official committee
    record. For fiscal year 2022, COSSA urges the Committee to appropriate:

      --$10.2 billion for the National Science Foundation
      --$2 billion for the Census Bureau
      --$42 million for the National Institute of Justice
      --$50 million for the Bureau of Justice Statistics

        First, allow me to thank the Committee for its long-standing,
    bipartisan support for scientific research. Strong, sustained funding
    for all U.S. science agencies is essential if we are to make progress
    toward improving the health and economic competitiveness of the Nation.
    The need for increased investment in science has become even more
    pronounced in light of the disruptions caused over the past year by the
    COVID-19 pandemic.
        COSSA serves as a united voice for a broad, diverse network of
    organizations, institutions, communities, and stakeholders who care
    about a successful and vibrant social and behavioral science research
    enterprise. We represent the collective interests of all STEM
    disciplines engaged in the rigorous study of why and how humans behave
    as they do as individuals, groups and within institutions,
    organizations, and society.
        Social and behavioral science research is supported across the
    Federal Government, including at the National Science Foundation and
    the Department of Justice. Further, Federal statistics produced by the
    Census Bureau and other Federal statistical agencies provide data
    needed to conduct social science research to inform policy decisions.
    Taken together, Federal social and behavioral science and statistical
    data help provide answers to complex, human-centered questions.
        In short, knowledge derived from social and behavioral science
    research has made our population healthier, our democracy fairer, our
    Nation safer, and our economy stronger, and not just in times of
    crisis. Without these sciences, policymaking on major national and
    global issues would not be based on evidence, and billions of dollars
    would be wasted.
                          national science foundation
        COSSA joins the broader scientific community in support of $10.2
    billion for the National Science Foundation (NSF) in fiscal year 2022.
    The U.S. scientific enterprise, including NSF, requires stability,
    predictability, and sustainable funding growth, as well as Federal
    policies that are patient and can tolerate a reasonable amount of risk
    in order to achieve the greatest payoff.
    Supporting All of STEM
        NSF is the only U.S. Federal agency tasked with supporting basic
    research across all fields of science. NSF supports about a quarter of
    all federally funded basic scientific research conducted at colleges
    and universities nationwide and serves as the largest single funder of
    university-based basic social and behavioral science research. Though
    NSF's Social, Behavioral, and Economic Sciences Directorate (SBE)--one
    of seven research directorates at NSF--represents less than five
    percent of the entire NSF research budget, it supports around two-
    thirds of total Federal funding for academic basic research in the
    social and behavioral sciences (excluding psychology). As the primary
    funding source for the majority of our disciplines, stagnant or reduced
    funding for SBE has an outsized impact on the social and behavioral
    science community. As increased investment is made in NSF, we are
    hopeful the social, behavioral and economic sciences will see
    commensurate investments.
        Further, while by far the smallest of the research directorates,
    SBE's impact is huge. The National Academies of Sciences, Engineering
    and Medicine stated in its 2017 consensus report, The Value of Social,
    Behavioral, and Economic Sciences to National Priorities,\1\ that
    ``nearly every major challenge the United States faces-from alleviating
    unemployment to protecting itself from terrorism-requires understanding
    the causes and consequences of people's behavior. Even societal
    challenges that at first glance appear to be issues only of medicine or
    engineering or computer science have social and behavioral
    components.''
    ---------------------------------------------------------------------------
        \1\ https://www.nap.edu/catalog/24790/the-value-of-social-
    behavioral-and-economic-sciences-to-national-priorities
    ---------------------------------------------------------------------------
    Keeping NSF Competitive
        Authorizing proposals for NSF have surfaced in the last year,
    particularly proposals to create new directorates at the agency
    focusing on technology transfer and convergence research. The bills
    would authorize significant funding increases to achieve their goals,
    which is greatly appreciated and needed. COSSA hopes that any effort to
    embolden NSF to continue exploring the frontiers of science will be met
    with a commitment to maintaining the agency's defining characteristic,
    which is to be the incubator for basic scientific discovery across all
    areas of science. NSF's investigator-initiated, discovery-driven
    identity is what makes it special and has kept the American science
    enterprise at the leading edge of innovation. We look forward to
    working with the authorizing committees to develop a roadmap for NSF
    that keeps it at the upper echelon of innovation and urge appropriators
    to stay mindful of NSF's longstanding, unique role as part of the U.S.
    scientific enterprise.
                   census bureau, u.s. department of commerce
        COSSA requests that the Committee appropriate $2 billion for the
    Census Bureau in fiscal year 2022. Social scientists across the country
    rely on the Census Bureau for accurate, timely, objective, and relevant
    data to better understand the U.S. population and to produce findings
    that help us shape policies that better serve the American people.
        After a decade in which the Census Bureau received inconsistent and
    delayed funding, had to curtail essential research and testing of
    operations, and experienced significant pandemic-related disruptions,
    investments are needed to not only help the agency recover, but to also
    help it improve the collection and delivery of official statistics for
    the Nation. A modest increase in funding in fiscal year 2022 could help
    the Census Bureau recover from years of postponed enhancements, sustain
    and strengthen its mission, and pursue numerous necessary operational
    innovations. In March 2021, GAO kept the Census on its list of ``High
    Risk'' government operations, in part due to these factors.
        These efforts are intended to provide the public and private
    sectors with more robust, granular and timely data for decision-making.
    COSSA supports efforts in Congress to provide the Bureau with greater
    authority for multi-year funding, beginning in fiscal year 2022, to
    strengthen the innovations necessary to consolidate and integrate
    legacy surveys and systems into a new, more nimble data collection and
    dissemination model.
        In addition, COSSA calls on Congress to fully fund the American
    Community Survey (ACS) and maintain its status as a mandatory Federal
    survey. The ACS is the only source of comparable, consistent, timely,
    and high-quality demographic and socio-economic data for all
    communities in the U.S. As a component of the Decennial Census, the ACS
    is a ``mandatory'' national survey. The disruptions to the 2020 Census
    caused by the pandemic and natural disasters will likely have an impact
    on the quality of census data at smaller geographic levels, particular
    in rural areas. The Census Bureau needs additional funds to expand the
    ACS sample size (which has not been expanded since 2011) to produce
    more timely, granular data for a significant number of geographies and
    sub-populations than currently achievable. This would provide
    communities more timely data to fill in any gaps in the 2020 results.
           national institute of justice, u.s. department of justice
        COSSA requests that the Committee appropriate at least $42 million
    for the National Institute of Justice (NIJ) within the U.S. Department
    of Justice's (DOJ) Office of Justice Programs (OJP). NIJ serves as the
    research arm of the Department of Justice, filling an important role in
    helping the agency to understand and implement science-based strategies
    for crime prevention and control. It supports rigorous social science
    research that can be disseminated to criminal justice professionals to
    keep communities safe.
        Despite our growing need for objective, science-backed solutions,
    over the past decade, NIJ's purchasing power has dropped by 36 percent
    due to the combined effect of declining appropriations and inflation.
    Compounding this pressure are Congressionally-mandated directives for
    specific activities, nearly always without the inclusion of additional
    funding to the agency's bottom line. Nearly 40 percent of NIJ's fiscal
    year 2021 appropriation is directed to Congressionally requested
    research, not including a number of additional projects requested
    without allocated funding.
            bureau of justice statistics, u.s. department of justice
        COSSA urges the Committee to appropriate at least $50 million for
    the Bureau of Justice Statistics (BJS) within OJP. As the Department's
    principal statistical agency, the Bureau of Justice Statistics produces
    high-quality data on all aspects of the United States criminal justice
    system, including corrections, courts, crime type, law enforcement
    personnel and expenditures, Federal processing of criminal cases,
    Indian country justice statistics, and victims of crime.
        Despite a growing demand from policymakers, researchers, and other
    stakeholders for high-quality criminal justice data across an expanding
    array of variables, BJS has also faced significant budgetary challenges
    over the past decade. The agency's purchasing power has dropped by more
    than 37 percent since fiscal year 2011 due to the combined effect of
    declining appropriations and inflation. This decline in funding has a
    direct impact on BJS's ability to release its data in a timely manner.
    Over the past several years, the release of numerous reports and
    datasets have been delayed--in some cases by several years. In
    addition, annually collected data has been combined into 2-year
    reports, further increasing the lag between collection and public
    release. Data users' frustrations have been exacerbated by the fact
    that BJS's overall dissemination practices are antiquated and out of
    step with current best practices for statistical agencies. The agency's
    website has not had a significant update since at least 2011 and lags
    its peer statistical agencies in terms of usability, accessibility, and
    visualizations. BJS needs additional investment to ensure it has the
    resources to produce and release data in a timely manner, as well as to
    enhance its capacity to disseminate the invaluable data to stakeholders
    who rely on it.
        Thank you for the opportunity to offer this statement. Please do
    not hesitate to contact me should you require additional information.

        [This statement was submitted by Wendy A. Naus, Executive
    Director.]
                                     ______

    Prepared Statement of the Court Appointed Special Advocates/Guardian ad
                                     Litem
        Chairman Leahy, Chair Shaheen, Vice Chairman Shelby, Ranking Member
    Moran, and Members of the Commerce, Justice, Science, and Related
    Agencies subcommittee, thank you for the opportunity to submit remarks
    on the Department of Justice (DOJ) fiscal year 2022 budget including
    funding of the Court Appointed Special Advocates (CASA) Program through
    the Office of Justice Programs' State and Local Law Enforcement
    Assistance Account at the fiscal year 2022 President's budget request
    level of $14 million.
        CASA/GAL advocacy is a well-established model strongly associated
    with improved long-term outcomes for child victims, for which the need
    continues to be critical. With Congressional support at the requested
    level, the CASA/GAL network in 49 States and the District of Columbia
    will enhance and advance specialized training, tools, and resources to
    continue delivering vital one-on-one best-interest advocacy that
    addresses the complex and ever-evolving needs of traumatized children
    who have been victimized by one or more primary caregivers.
        Emerging issues such as the commercial sexual exploitation of
    children and our Nation's growing opioid epidemic--for which children
    account for an increasing number of victims--both necessitate a greater
    specialization within one-on-one advocacy, with a keen and deliberate
    focus on progressing toward the call within the Victims of Child Abuse
    Act to serve every child victim. As we enrich CASA/GAL advocacy to
    encompass evolving direct service needs, our National network will
    further strengthen its capacity to serve over 276,000 child victims of
    abuse and neglect.
        Child victimization and maltreatment by primary caregivers is
    distressingly on the rise, and with it, so too rises the impact on the
    child and society. Traumatized victims of child abuse and neglect face
    significant and multiple risk factors, most notably, juvenile
    delinquency, adult criminality, and poor educational performance that
    affects future employment and stability. These issues result in a hefty
    impact on Federal, State and local spending--at least one-quarter of
    the DOJ budget is dedicated to our Nation's prison system, and at the
    same time, the Centers for Disease Control and Prevention (CDC)
    estimates the economic and social costs of child abuse and neglect to
    total $124 billion nationwide per annum. Local CASA/GAL programs offer
    an effective service to child victims of abuse and neglect that
    improves outcomes, increases the efficient functioning of our court
    systems, and saves hundreds of millions in Federal and State taxpayer
    dollars annually in the process.
        CASA/GAL programs are, at the heart of their operation, a highly
    effective leveraging of community-based resources to provide dedicated
    and sustained one-on-one advocacy for child victims and advise the
    courts of the child's best interests and needs throughout abuse and
    neglect proceedings. Research has shown that the presence of a caring,
    consistent adult in the life of a child victim is associated with
    improved long-term outcomes. These efforts, which focus on helping the
    child find a safe, permanent home where they can both heal and thrive,
    require thorough background screening, specialized training, and
    resources to promote a nationwide system of programs that adhere to and
    assure the highest quality of services and care for the child victim.
        CASA Program funds through DOJ achieve and uphold national standard
    setting, assessment, accountability, and evaluation across nearly 950
    local, State, and Tribal programs to promote improved child outcomes
    and effective stewardship of public investments in victim advocacy.
    Evidence-based practices, intensive technical assistance, direct
    program guidance and partnerships, and national program standards and
    quality assurance processes all lie at the foundation of effective
    CASA/GAL program service delivery in communities across the Nation.
        Given the nature of the CASA/GAL advocates' intensive work with
    child victims of abuse and neglect, standards of rigorous screening,
    training, supervision, and service are implemented nationwide, with
    congressional support, to ensure consistent quality for victims who
    directly benefit from having their needs and rights championed in the
    courtroom and in the community. Comprehensive pre-service, in-service,
    and issue-focused training curricula--including training in
    disproportionality, cultural competency, and working with older youth--
    ensures a cutting edge approach to victim services centered on the
    child thriving well into the future as a member of the community.
    Federal support is foundational to the solid and high-quality
    functioning of a national child advocacy network for victims of abuse
    and neglect.
        As the needs of child victims of abuse and neglect grow and change,
    so must the specialization of one-on-one advocacy and services by CASA/
    GAL programs. Since the Victims of Child Abuse Act was passed, the
    landscape of victims' services for children has evolved significantly.
    Researchers and practitioners know more now than ever about trauma, and
    its associated impacts on child development, as well as the significant
    and multiple risk factors and issues faced by abused and neglected
    children such as mental health/post-traumatic stress disorder (PTSD),
    commercial sex trafficking, overmedication, and the growing effects of
    substance abuse and the opioid epidemic in particular. Further, we know
    that youth of color in particular face very significant challenges--in
    addition to victimization--on their path to a thriving adulthood. CASA/
    GAL advocates bring one-on-one attention and a dedicated focus to each
    of the issues that the child victim faces, but additional resources are
    needed to enhance and build their knowledge base as part of a
    continuous advocacy development process.
        These complex issues warrant adaptive and responsive training,
    technical assistance, and resources, while continuing on a trajectory
    of maintaining quality care and services within current CASA/GAL
    caseloads and also simultaneously building the capacity to take on
    additional cases when appointed by the court. National CASA/GAL
    Association is committed to continuous improvement of training,
    technical assistance, and resource delivery to strengthen and support
    local CASA/GAL programs and State organizations to help advocates
    remain at the forefront of emerging child welfare issues.
        Federal support at the requested level is instrumental to bridging
    advocacy training and best practice tools into multiple and new
    emerging issue areas including child sex trafficking, substance abuse
    and opioid-overuse, and the overmedication of child victims, for
    example. Advocates need to be well versed in warning signs for these
    issues, as well as the available services, resources, and coordination
    of community and court efforts in order to best address the child
    victim's case.
        Fiscal year 2022 funding of $14 million will be targeted to
    fortifying resources and training generally for CASA/GAL programs, and
    in key focus areas including commercial sexual exploitation, children
    impacted by substance abuse disorders, children of incarcerated parents
    and young people aging out of foster care, based upon existing best
    practices and models. In addition, this Federal funding will be used to
    target resources to serve over 276,000 child victims of abuse and
    neglect, and continue efforts toward the development of State CASA/GAL
    organizations in the States currently without this resource that
    enhances support of program service delivery in local communities.
    Additional projects include sustaining development of training on best
    practices in addressing the needs of children impacted by the opioid
    epidemic and other forms of substance abuse, child sex trafficking,
    unaccompanied children and addressing racial disproportionality in
    child welfare and the need for racially and culturally sensitive
    recruitment and matching of CASA/GAL advocates.
        According to the most recent government data available, the number
    of child maltreatment cases has increased to over 700,000 per annum.
    This remains a significant population with equally significant and
    complex issues and risk factors. Without the benefit of a specially
    trained CASA/GAL advocate that is able to devote dedicated time and
    attention to the details of the case, the child victim faces a complex
    and cumbersome court process and foster care system that is
    overwhelmed, overburdened, and under-resourced. Our ability as a
    national network to serve every child victim of abuse and neglect is
    directly tied to strengthening and expanding a foundational and
    interwoven program of advocate training, technical assistance,
    standards, tools, and resources that are funded with DOJ support.
        While children who are the victims of maltreatment have suffered
    deep layers of trauma, these experiences do not have to be their only
    life story. Juvenile detention and adult incarceration do not have to
    be the path to their future. Substance abuse, PTSD, homelessness, and
    joblessness do not have to be the basis of their experiences. We can
    change their trajectory, together, with congressional support.
        Caring, dedicated, and extensively trained CASA/GAL advocates bring
    about positive changes in the lives of child victims. Full funding is
    needed to continue expanding the advocate pipeline, enhance the
    training, resources, and services provided to and through CASA/GAL
    programs, and strengthen outcomes for future members of our Nation's
    workforce.
        We urge the subcommittee to support the President's fiscal year
    2022 budget request for the Court Appointed Special Advocates Program
    to address the overwhelming need for dedicated advocacy on behalf of
    child victims of abuse and neglect. Thank you for your consideration.

        [This statement was submitted by Tara L. Perry, Chief Executive
    Officer.]
                                     ______

                      Prepared Statement of CRS Remembered
                              Nos Quoque Servivit
    Dear Representative De Lauro and Senator Shaheen:

        CRS Remembered, a private membership organization of retired and
    former employees of the Community Relations Service (CRS)of the U.S.
    Department of Justice, respectfully urges the subcommittee on Commerce,
    Justice, Science, and Related Agencies to provide CRS with a budget of
    not less than $50-million.for its community peace building efforts.
        As you know CRS is the only Federal agency that is specifically
    dedicated to working with community groups and local government
    agencies to prevent, de-escalate, and resolve community-wide conflicts
    based on race, color, and national origin. It was established by
    Congress at a time in 1964 when our country was experiencing increasing
    levels of divisive racial tensions . In this regard at the signing of
    the historic 1964 Civil Right Act President Lyndon Johnson said,
    ``come, let us reason together.'' Clearly, now is the time for Congress
    to step up again to support the ideals of a democratic society that
    comes together to work out its racial. Ethnic and other social
    differences thru dialogue at a peace table instead of thru
    confrontation and violence at the street level.
        As the U.S. again hits historic levels of polarization and
    division, America needs CRS (the nation's peacemaker) to effectively
    help civic non-governmental organizations and local government agencies
    resolve local conflicts arising out of differences based on race color,
    national origin and other underlying personal human attributes.
    Unfortunately, CRS is now down to just 16 peacemaking mediators for the
    entire number of States and territories under its jurisdiction.
    President Biden's fiscal year 2022 budget requests $20-million for CRS,
    a funding level is simply not enough to make a dent in the enormous
    problem of endemic intracommunity divisiveness that plagues our Nation
    today.
        In closing we again urge you to invest in America's domestic
    peacebuilding capacity by providing at least $50-million to CRS to also
    include a funding a grants program to support domestic locally-based,
    non-profit peace making groups.

        [This statement was submitted by Miguel J. Hernandez on behalf of
    CRS Remembered.]
                                     ______

                   Prepared Statement of Cynthia Mousseau, JD
     On Behalf of New England Innocence Project and the National Innocence
                                    Network
    innocence and forensic science programs at the departments of justice &
                                    commerce
        My name is Cynthia Mousseau and I serve as a Staff Attorney at the
    New England Innocence Project (NEIP). On behalf of NEIP and as a member
    of the Innocence Network, a coalition of approximately 60 local
    innocence organizations working to exonerate the innocent and prevent
    wrongful convictions nationwide, thank you for the subcommittee's
    critical funding increases and strong support for innocence and
    forensic science programs in fiscal year 2021. Thank you also for
    allowing me to submit written testimony for the record as you consider
    appropriations requests for fiscal year 2022. I urge you to please
    increase funding for the following programs at the Bureau of Justice
    Assistance at the Department of Justice and at the National Institute
    of Standards and Technology at the Department of Commerce, including:

      --$15 million for the Wrongful Conviction Review Program at the
            Department of Justice's (DOJ) Bureau of Justice Assistance
            (BJA) (the Wrongful Conviction Review Program is part of the
            Capital Litigation Improvement Program);
      --$15 million for the Kirk Bloodsworth Post-Conviction DNA Testing
            Program at DOJ/BJA
      --$25 million for the Department of Commerce's National Institute of
            Standards and Technology (NIST) to support and conduct
            foundational forensic science research, including $2 million
            for technical merit evaluations.

        These innocence and forensic science programs increase the fairness
    and accuracy of the criminal legal system; address arbitrary racial
    disparities and inequities; provide the strongest possible forensic
    science tools to legal system stakeholders; and generate greater public
    safety for our Nation.

        Data from the National Registry of Exonerations show that the
    number of exonerations has significantly increased since Federal
    innocence programs--the Bloodsworth Post-Conviction DNA Testing and
    Wrongful Convictions Review programs--began receiving funding in 2008
    and 2009, respectively. Between 2009 and 2016, the total number of
    exonerations increased by 82 percent. This dramatic increase is in part
    a result of the decision to invest in these programs.
        2019 set the record for the highest number of years individuals
    lost to being wrongfully convicted--an average of 13.3 years per
    exoneree. More than 25,000 life years have been lost to wrongful
    incarceration. The National Registry of Exonerations currently lists
    more than 2,800 exonerations since 1989. Half of the people exonerated
    are Black, and innocent Black people spend approximately 45 percent
    longer wrongfully imprisoned than innocent white people. This racial
    disparity holds true across different types of convictions. Investing
    in innocence and forensic science progams helps to increase the
    accuracy, equity, and integrity of the criminal legal system.
        The New England Innocence Project (NEIP), headquarted in
    Massachussetts, is the only innocence organization serving Vermont,
    Maine, Rhode Island, and New Hampshire. Federal grant funds help expand
    its reach into States that have insufficient resources to meet their
    needs. With the support of Federal funds, NEIP has provided direct
    representation and/or support that has resulted in 16 exonerations over
    the past 17 years. 5 recently released exonerees collectively spent 160
    years in prison. Additionally, NEIP has: (1) organized a work group
    with the Middlesex District Attorney's Office, the Massachusetts public
    defender agency's innocence program, and the Massachusetts State Police
    Crime Lab to establish a pilot program to identify wrongful convictions
    caused by erroneous microscopic hair analysis; (2) conducted numerous
    trainings throughout New England for prosecutors, defense attorneys,
    law enforcement, judges, and the public to raise awareness and prevent
    causes of wrongful conviction, including eyewitness misidentification,
    false confessions, flawed forensic science, and racial bias; and (3)
    provided technical assistance for the proper implementation of
    conviction integrity units.
        Cases without DNA evidence are difficult and often take many years
    to complete. It is a long, arduous, and resource intensive process to
    prove an individual's innocence after he/she has been wrongfully
    convicted. An average case at NEIP requires years of work and thousands
    of dollars to adequately investigate and litigate. During this very
    long time, the innocent person is languishing behind bars.
        Freeing innocent individuals and preventing wrongful convictions
    through reform also greatly benefits public safety. Every time DNA
    identifies a wrongful conviction, it enables the possible
    identification of the person who actually committed the crime. Such
    true perpetrators have been identified in more than half of the DNA
    exoneration cases. Unfortunately, many of these individuals went on to
    commit additional crimes while an innocent person was convicted and
    incarcerated in their place.
        To date 375 individuals in the United States have been exonerated
    through DNA testing, including 21 who served time on death row.
    However, the value of Federal innocence and forensic science programs
    is not to just these exonerated individuals. It is important to fund
    these critical programs because reforms and procedures that help to
    prevent wrongful convictions also enhance the accuracy of criminal
    convictions and result in a fairer and more accountable system for
    victims of crime.
                       wrongful conviction review program
        We know that wrongful convictions occur in cases where DNA evidence
    may be insufficient or unavailable to prove innocence. The National
    Registry of Exonerations currently lists more than 2,800 exonerations
    since 1989, the vast majority of which did not have the presence or
    benefit of testable DNA. The Wrongful Conviction Review Program
    provides critical support to ensure that experts are available to
    navigate the complex landscape of post-conviction litigation, as well
    as oversee the thousands of volunteer hours local innocence
    organizations leverage to help investigate these complex non-DNA cases
    and support the significant legal work they require. The Wrongful
    Conviction Review Program has contributed to approximately 37
    exonerations over the past 4 years.
        For example, in 2019, Darrell Jones, who was wrongfully convicted
    of murder and served 32 years, was freed as a result of the work of the
    Committee for Public Counsel Services Innocence Program. The Wrongful
    Conviction Review Program provided funding that enabled his team to
    hire an investigator who identified exculpatory witnesses as well as
    two forensic experts. In 2020, Arturo Jimenez, who was wrongfully
    convicted of murder and served 25 years, was freed because the Wrongful
    Conviction Review program funded an investigator who uncovered key
    evidence that helped the Northern California Innocence Project secure
    his exoneration.
        The Wrongful Conviction Review Program provides funding to local
    innocence organizations so that they may provide this type of expert,
    high quality, and efficient representation for innocent individuals.
    The program's goals also are to help alleviate burdens placed on the
    criminal legal system through costly and prolonged post-conviction
    litigation and to identify, when possible, the person who actually
    committed the crime.
        In recent years, approximately 10-15 percent of local innocence
    organizations received Wrongful Conviction Review funding. To continue
    and expand this important work, I urge you to provide $15 million for
    the Wrongful Conviction Review Program in fiscal year 2022. (Please
    note the Wrongful Conviction Review Program is part of the Capital
    Litigation Improvement Program.)
        I also urge you to include in the fiscal year 2022 report for the
    Commerce, Justice, Science, and Related Agencies Appropriations bill
    the final fiscal year 2021 report language for the Wrongful Conviction
    Review program. It described the need for legal representation and
    investigation services for individuals with post-conviction claims of
    innocence. It also directed at least 50 percent of funds appropriated
    to the Capital Litigation Improvement and Wrongful Conviction Review
    grant programs support Wrongful Conviction Review grantees providing
    high quality and efficient post-conviction representation for
    defendants in post-conviction claims of innocence. It also clarified
    that Wrongful Conviction Review grantees shall be nonprofit
    organizations, institutions of higher education, and/or State or local
    public defender offices that have in-house post-conviction
    representation programs that show demonstrable experience and
    competence in litigating postconviction claims of innocence. Finally,
    the report language directed that grant funds shall support grantee
    provision of post-conviction legal representation of innocence claims;
    case review, evaluation, and management; experts; potentially
    exonerative forensic testing; and investigation services related
    supporting these post-conviction innocence claims.
              the bloodsworth post-conviction dna testing program
        The Bloodsworth Program supports States and localities that want to
    pursue post-conviction DNA testing in appropriate cases. Grantees range
    from State and local prosecutor offices to law enforcement agencies and
    crime labs, which can collaborate with local innocence organizations
    when appropriate. For example, an Arizona grant allowed the State's
    Attorney General's Office to partner with Arizona Justice Project to
    create the Post-Conviction DNA Testing Project that canvassed
    incarcerated individuals, reviewed cases, located evidence, and filed
    joint requests with the court to release evidence for DNA testing. In
    addition to identifying the innocent, Arizona Attorney General Terry
    Goddard noted that the ``grant enable[d] [his] office to support local
    prosecutors and ensure that those who have committed violent crimes are
    identified and behind bars.''
        The Bloodsworth program is a powerful investment for States seeking
    to free innocent individuals and identify the individuals who actually
    committed the crimes. The program has resulted in the exonerations of
    at least 51 wrongfully convicted persons in 14 States. The person who
    actually committed the crime was identified in 13 of those cases. In
    2020, an additional 5 people were exonerated through the program. The
    success of this program both in generating individual exonerations
    while supporting broader system review when problems arise has made it
    popular--DOJ has reported in recent years that it has received twice as
    many qualified applicants as it has funding to grant.
        For example, Virginian Thomas Haynesworth, who was wrongfully
    incarcerated for 27 years, was freed thanks to Bloodsworth-funded DNA
    testing that also revealed the person who actually committed the crime.
    The culpable person in that case went on to terrorize the community by
    attacking 12 women, with most of the attacks and rapes occurring while
    Mr. Haynesworth was wrongfully incarcerated. Given the importance of
    this program to both innocent individuals and public safety, I urge you
    to provide the $15 million to continue and expand the work of the
    Bloodsworth Post-Conviction DNA Testing Program in fiscal year 2022.
                          forensic science improvement
        To continue the critical work to improve forensic science, and help
    prevent wrongful convictions, I urge you to provide $25 million for
    NIST to support foundational forensic science research, including $2
    million to conduct technical merit evaluations.
        As the Federal entity that is both perfectly positioned and
    institutionally constituted to conduct foundational forensic science
    research, NIST's work will improve the validity and reliability of
    forensic evidence, a need cited by the National Academy of Sciences
    2009 report, Strengthening Forensic Science in the United States: A
    Path Forward. NIST's reputation for innovation will result in
    technological solutions to advance forensic science applications and
    achieve a tremendous cost savings by reducing court costs posed by
    litigating scientific evidence.
        Additionally, some forensic science methods have not yet received
    an evaluation of their technical merit and NIST needs additional
    support to conduct these vital reviews. The forensic science activities
    and research at NIST will help to improve forensic disciplines and
    propel forensic science and the criminal legal system toward greater
    accuracy and reliability, and as a result, help prevent wrongful
    convictions and improve system equity.
                                   conclusion
        Thank you for your leadership in ensuring the accuracy, equity, and
    integrity of our Nation's criminal legal system. I urge you to support
    all of the aforementioned programs, including the Wrongful Conviction
    Review and Bloodsworth grant programs at DOJ's Bureau of Justice
    Assistance, as well as NIST forensic science research at the Department
    of Commerce. If you have questions or need additional information,
    please contact Jenny Collier, Federal Policy Advisor to the Innocence
    Project, at jcollier@colliercollective.org.
                                     ______

                Prepared Statement of the Daughters of Penelope
       fiscal year 2022 funding: vawa, voca programs & crime victims fund
        Chairwoman Jeanne Shaheen, Ranking Member Jerry Moran, and
    distinguished Members of the Commerce, Justice, and Science
    Appropriations subcommittee, the Daughters of Penelope (DOP), an
    international service organization for women of Greek heritage and
    Philhellenes, which is dedicated in part to supporting victims of
    domestic violence, is requesting support for Victims of Crime Act
    (VOCA) (Office of Justice Programs--OVC) and Violence Against Women Act
    (VAWA) (Office of Violence Against Women--OVW) programs at the
    Department of Justice. Specifically, we request a Crime Victims Fund
    cap for fiscal year 2022 to be set at least at $2.65 billion and
    without any transfers to programs not authorized under the VOCA
    statute. Further, we call for the Senate to pass S.611, VOCA Fix to
    Sustain the Crime Victims Fund Act of 2021. Moreover, we support the
    Biden administration's strong proposed investment request of $1 billion
    for VAWA programs and for Congress to pass a strong bipartisan-backed
    reauthorization of VAWA.
                       voca programs & crime victims fund
        The Victims of Crime Act (VOCA) created the Crime Victims Fund
    (CVF), which serves as a mechanism to fund compensation and services
    for the Nation's victims of Federal crime. The Fund is comprised of
    money from criminals, and by law, the Fund is dedicated solely to
    victim services. For example, the Fund is used to help pay for State
    victim compensation and assistance programs and grants to victim
    service providers. A considerable amount supports victims' out-of-
    pocket expenses such as medical and counseling fees, lost wages, and
    funeral and burial costs. According to the Department of Justice, in
    fiscal year 2018, Victim Assistance programs funded 7,417 unique State
    and local victim service organizations through over 9,472 grant
    awards.\1\ These agencies provided services to nearly millions of
    victims of crime, including victims of murder, assault and sexual
    assault, domestic violence, child abuse, stalking and elder abuse, and
    others.
    ---------------------------------------------------------------------------
        \1\ https://www.justice.gov/jmd/page/file/1160581/download, Page
    59.
    ---------------------------------------------------------------------------
        The Crime Victims Fund is financed by fines, forfeitures, or other
    penalties paid by Federal crime offenders. Therefore, the Crime Victims
    Fund is not funded by taxpayer dollars. However, it is unfortunate
    Congress often carves out funds from the CVF to use as offsets for
    other government programs. Because CVF is comprised of non-taxpayer
    dollars, it should not be considered available for use for non-VOCA
    programs in the Federal budget. Moreover, according to a previous
    statement of the Congressional Victims' Rights Caucus, ``not only does
    raiding the Crime Victims Fund violate the intent of the law, but it
    violates the [VOCA] statute itself...'' Therefore, we recommend to the
    subcommittee that the Fund be used only for programs authorized under
    the VOCA statute. However, recent appropriations bills passed by
    Congress, and previous administrations' budget requests, have carved
    out funds from the Crime Victims Fund for non-VOCA authorized programs.
    As examples, the fiscal year 2021 appropriations year-end legislative
    package transferred $435 million from the CVF to VAWA programs. We
    request the elimination of transfers that harm the Fund's long-term
    viability and ability to commit fully to crime victims. Another
    unfortunate development has been that over the course of the last
    decade, the Department of Justice has brought fewer Federal criminal
    cases and has instead entered into deferred prosecution and non-
    prosecution agreements. The monetary penalties from these agreements
    are deposited into the General Treasury rather than into the CVF,
    resulting in the loss of billions of dollars. This has resulted in
    catastrophic cuts to VOCA. Grants have decreased by 70 percent over the
    last 4 years. This is why we support swift passage of S.611, VOCA Fix
    to Sustain the Crime Victims Fund Act of 2021 and sincerely thank the
    U.S. House of Representatives for passing its companion bill, H.R.1652.
    Finally, we recommend setting the Crime Victims' Fund cap to at least
    $2.65 billion. Congress established an appropriation cap on funds
    available for distribution intended to maintain the CVF as a stable
    source of support for future victim services. At the cap level,
    Congress will not only ensure the continuation of enhanced services to
    victims to meet their needs, but it also does not contribute or add to
    the National debt or deficit because these are non-taxpayer funds.
                                 vawa programs
        Domestic violence is a pervasive, life-threatening crime affecting
    millions of individuals across our Nation regardless of age, gender,
    socio-economic status, race or religion. The statistics are alarming.
    According to the National Network to End Domestic Violence (NNEDV): \2\
    ---------------------------------------------------------------------------
        \2\ NNEDV Domestic Violence Fact Sheet, accessed https://nnedv.org/
    wp-content/uploads/2019/07/Library_General_DV_SA_Factsheet.pdf

      --More than 1 in 3 women have experienced rape, physical violence,
            and/or stalking by an intimate partner in their lifetime.
      --Approximately 8 million women are raped, physically assaulted, and/
            or stalked by a current or former intimate partner each year.
      --1 in 5 women and 1 in 71 men have experienced rape in her or his
            lifetime.
      --Nationwide, an average of 3 women are killed by a current or former
            intimate partner every day.

        According to the Centers for Disease Control and Prevention (CDC)
    and The National Intimate Partner and Sexual Violence Survey (NISVS)
    2015 Data Brief:

      --In the United States, intimate partner contact sexual violence,
            physical violence, and/or stalking was experienced by 36.4
            percent (or 43.6 million) of U.S. women during their
            lifetime.\3\
    ---------------------------------------------------------------------------
        \3\ https://www.cdc.gov/violenceprevention/pdf/2015data-
    brief508.pdf
    ---------------------------------------------------------------------------
      --One in 4 women and 1 in 10 men have experienced physical violence
            by an intimate partner during their lifetime.\4\
    ---------------------------------------------------------------------------
        \4\ https://www.cdc.gov/violenceprevention/pdf/NISVS-infographic-
    2016.pdf
    ---------------------------------------------------------------------------
      --In 2015, 1,270 women and men were murdered by an intimate partner
            (e.g. husband, wife, boyfriend, girlfriend).\5\
    ---------------------------------------------------------------------------
        \5\ https://www.cdc.gov/violenceprevention/pdf/NISVS-
    StateReportBook.pdf

    ---------------------------------------------------------------------------
        Also, of concern, are the following stats:

      --On average, nearly 20 people per minute are physically abused by an
            intimate partner in the United States. During 1 year, this
            equates to more than 10 million women and men.\6\
    ---------------------------------------------------------------------------
        \6\ https://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-
    a.pdf
    ---------------------------------------------------------------------------
      --Nationwide, an average of 3 women are killed by a current or former
            intimate partner every day.\7\
    ---------------------------------------------------------------------------
        \7\ NNEDV Domestic Violence Fact Sheet, accessed https://nnedv.org/
    mdocs-posts/domestic-violence-and-sexual-assault-factsheet/
    ---------------------------------------------------------------------------
      --Approximately 15.5 million children are exposed to domestic
            violence annually.\8\
    ---------------------------------------------------------------------------
        \8\ Ibid.

        Our Nation's response to intimate partner and domestic violence is
    driven by VAWA programs. Each of these programs is critical to ensuring
    that victims are safe, that offenders are held accountable, and that
    our communities are more secure. Thanks to VAWA, steady progress has
    been made there are many victims who still suffer in silence. A 2019
    24-hour survey of domestic violence programs across the U.S. found that
    although 19,159 Hotline calls were answered (averaging more than 13
    calls every minute). However, 11,336 requests for services (such as
    emergency shelter, transportation, or legal representation) went unmet
    because programs lacked the resources to provide them.\9\ Sixty-eight
    percent of the unmet services were for Housing and Emergency Shelter.
    In total, 77,226 victims were served in 1 day. The unconscionable gap
    between need and resources only widens.
    ---------------------------------------------------------------------------
        \9\ 14th Annual National Domestic Violence Counts National Summary.
    ---------------------------------------------------------------------------
       daughters of penelope's work to support domestic violence shelters
        Why are VAWA and VOCA programs important to the Daughters of
    Penelope? In addition to our chapters supporting domestic violence
    shelters in their respective local communities, the Daughters of
    Penelope is a national sponsor and stakeholder of two domestic violence
    shelters--Penelope House in Mobile, Alabama, and Penelope's Place in
    Brockton, Massachusetts. In the past, the Daughters of Penelope has
    supported WIN Hellas, which is an NGO based in Athens, Greece that is
    active in the prevention of violence against women.
        Penelope House was the first shelter established in Alabama when it
    opened its doors in 1979. Since then, Penelope House is recognized as a
    model shelter for others to emulate. VAWA and VOCA grant funding has
    been critical in helping Penelope House to meet its mission of
    providing safety, protection, and support to victims of domestic
    violence and their children through shelter, advocacy, and individual
    and community education. Penelope House has been awarded VAWA and VOCA
    grants from the following programs: Shelter Services, Court Advocate
    Program, and Transitional Living Program. Portions of these grants help
    to fund the case managers, case and court advocates, and children's
    counselors and program coordinators, among other employees who help to
    provide the life-saving support to domestic violence victims and their
    children.
     statistics--effectiveness and importance of vawa & voca grant funding
      --VOCA/VAWA grant funding comprised 30 percent of Penelope House's
            2020 budget.
      --VOCA is the largest source of Penelope House's funding.

        Penelope House's Court Advocacy Program is funded by VOCA & VAWA.
    Its 2020 stats, which were greatly impacted by the coronavirus
    pandemic, for clients served were:

      --Adult Clients: 5,997
      --Children: 5,344
      --Court Appointments with Clients: 4,078
      --Clients Assisted to obtain protection from abuse or no contact
            orders: 1,000

        VOCA supports the salaries and benefits for seven Court/Victim
    Advocates who provide services to victims of domestic violence
    throughout Mobile, Washington, Clarke and Choctaw Counties of Alabama
    as they navigate within the court system. (VOCA grant funding has
    become increasingly important to Penelope House because Penelope
    House's services has been expanded to include more counties in
    Alabama.)
        VAWA supports a full-time Court Advocate Administrative Assistant
    and a portion of the salary for a Court/Victim Advocate for the Court
    Advocacy Program. The Court Advocate Administrative Assistant provides
    administrative support to Court/Victim Advocates and assistance to the
    Court Advocacy Supervisor. The assistant also collects and complies
    program data needed for the evaluation of the Court Advocacy Program.
    The Court Advocate Administrative Assistant is dually trained to serve
    as a Court/Victim Advocate when necessary, in case of illness or any
    other absence of court advocates. Thus, a victim will not have to be
    alone as he/she attempts to navigate within the court system.

        Penelope House's Emergency Shelter Program is funded by VOCA. It's
    2020 service stats--again adversely impacted due to the pandemic-were:

      --Adults sheltered: 252
      --Children sheltered: 273
      --Total Client Service Hours: 10,536.5
      --Total Nights of shelter provided: 4,881
      --Crisis calls: 1,419
      --Meals Served: 14,573
                                 recommendation
        The Daughters of Penelope (DOP) is requesting support for Victims
    of Crime Act (VOCA) and Violence Against Women Act (VAWA) programs,
    which are vital to DOP programs that serve its mission. Specifically,
    we request a Crime Victims Fund cap for fiscal year 2022 to be set at
    least $2.65 billion and without any transfers to programs not
    authorized under the VOCA statute. We also support the Biden
    administration's strong investment request of $1 billion VAWA programs.
    The Crime Victims Fund is not funded by taxpayer dollars. Therefore,
    the cap can be sustained or raised without adding to the National debt
    or deficit and transfers (or carve outs) must be eliminated in fiscal
    year 2022 and going forward.
        Clearly, as the missions of domestic violence centers across the
    country, such as Penelope House, have expanded into jurisdictions due
    to the unfortunate increased need to provide victims' services, the
    viability of the CVF and VOCA and VAWA grants have become increasingly
    important to meet the victims' needs. Moreover, it is estimated the
    COVID-19 pandemic caused an estimated 8.1 percent increase in domestic
    violence incidents due to stay-at-home orders.\10\ Thank you for the
    opportunity to present and submit our written testimony before the
    subcommittee.
    ---------------------------------------------------------------------------
        \10\ https://phys.org/news/2021-04-domestic-violence-pandemic.html

        [This statement was submitted by Elena Saviolakis, Executive
    Director.]
                                     ______

                     Prepared Statement of Demand Progress
      transparency and the public availability of opinions issued by the
                  justice department's office of legal counsel
    Dear Chairman Shaheen, Ranking Member Moran, and Members of the
    Committee:

        Thank you for the opportunity to submit testimony on improving
    transparency and accountability for legal opinions rendered by the
    Office of Legal Counsel at the Department of Justice.
    Background
        The Office of Legal Counsel's (OLC) core function, according to an
    OLC memoranda, is to provide ``controlling advice to Executive Branch
    officials on questions of law that are centrally important to the
    functioning of the Federal Government.'' \1\ This legal advice ``may
    effectively be the final word on the controlling law,'' yet it is
    routinely withheld from both Congress and the public.\2\ This
    withholding in effect creates secret law that controls agency actions
    but is shielded from both public debate and Congressional oversight.
    ---------------------------------------------------------------------------
        \1\ Department of Justice, Memorandum for Attorneys of the Office
    re: Best Practices for OLC Advice and Written Opinions, July 16, 2010,
    available at: https://www.justice.gov/sites/default/files/olc/legacy/
    2010/08/26/olc-legal-advice-opinions.pdf
        \2\ Id.
    ---------------------------------------------------------------------------
        Secrecy undermines accountability. Congress must understand how the
    Executive branch interprets the Constitution and implements laws
    enacted by Congress. Allowing OLC legal opinions to remain the sole
    province of the Executive branch thwarts Congress's lawmaking and
    oversight prerogatives. It removes consequences for agency decisions
    and short-circuits the public feedback process integral to our
    democracy.
        Secrecy also poisons the operations of the Office of Legal Counsel.
    Public scrutiny would create an invisible but persistent pressure for
    the promulgation of responsible, high quality, objective legal
    opinions. By contrast, OLC legal opinion secrecy ensures the most
    salient incentive for OLC attorneys is to lean towards a legal opinion
    that a given administration desires--not the legal opinion that best
    reflects the law. There are high profile examples of this happening.\3\
    Building transparency into the process helps ensure that OLC legal
    analyses face scrutiny by Congress, scholars, and members of the
    public.
    ---------------------------------------------------------------------------
        \3\ See, for example, a Statement by Sen. Patrick Leahy at a
    February 26, 2010 hearing before the Senate Committee on the Judiciary
    entitled The Office of Professional Responsibility Investigation into
    the Office of Legal Counsel Memoranda, in which he said, ``The
    fundamental question here is not whether these were shoddy legal memos.
    They were shoddy legal memos. Everybody knows that. . . .  It failed to
    cite significant case law; it twisted the plain meaning of statutes.
    The legal memoranda were designed to achieve an end.'' (emphasis
    added). See also
    ---------------------------------------------------------------------------
        In December 2004, 19 former senior DOJ officials--including the
    now-nominee for Assistant Attorney General for OLC, Christopher
    Schroeder--endorsed a document calling for increased transparency,
    entitled Principles to Guide the Office of Legal Counsel.\4\ One
    principle was that ``OLC should publicly disclose its written legal
    opinions in a timely manner, absent strong reasons for delay or
    nondisclosure.'' \5\ According to the Principles document, public
    disclosure of written legal opinions is important because:
    ---------------------------------------------------------------------------
        \4\ ``Principles to Guide the Office of Legal Counsel'' (Dec. 21,
    2004), available at: https://
    scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=https://
    www.google.com/&httpsredir=1&article=2927&context=faculty_scholarship.
    In 2020, a related statement was released by the American Constitution
    Society, entitled ``The Office of Legal Counsel and the Rule of Law,''
    and a comparable constellation of legal experts contributed to that
    document. It endorses a strong presumption in favor of publishing final
    OLC opinions, disclosing its classified, privileged, and sensitive
    material to Congress when an agency relies upon OLC advice to justify a
    major policy decision or executive action, and releasing a public index
    of its memos. https://www.acslaw.org/wp-content/uploads/2020/10/OLC-
    ROL-Doc-103020.pdf
        \5\ Id.

              Such disclosure helps to ensure executive branch adherence to
            the rule of law and guard against excessive claims of executive
            authority. Transparency also promotes confidence in the
            lawfulness of governmental action. Making executive branch law
            available to the public also adds an important voice to the
            development of constitutional meaning-in the courts as well as
            among academics, other commentators, and the public more
            generally-and a particularly valuable perspective on legal
            issues regarding which the executive branch possesses relevant
            expertise.\6\
    ---------------------------------------------------------------------------
        \6\ Id. (emphasis added)

        A similar statement on the Office of Legal Counsel and the rule of
    law was released in October 2020, with significant contributions from a
    comparable array of legal experts.\7\ It endorsed publication of and
    transparency for OLC opinions. Specifically, the statement endorsed: a
    strong presumption in favor of publishing final OLC opinions;
    disclosing OLC advice deemed classified, privileged, or sensitive to
    congressional committees when an agency relies upon that advice to
    justify a major policy decision or executive action; and releasing a
    public index of its memoranda. ``OLC exercises a form of public trust,
    and because its views of the law's meaning shape executive action and
    policy, Congress and the public both have compelling interests in
    understanding the legal basis of executive action.''
    ---------------------------------------------------------------------------
        \7\ ``The Office of Legal Counsel and the Rule of Law,'' American
    Constitution Society
    (October 2020), available at: https://www.acslaw.org/wp-content/
    uploads/2020/10/OLC-ROL-Doc-103020.pdf.
    ---------------------------------------------------------------------------
    Recommendations
        The good news is Congress can remedy this secret law problem. Our
    request is twofold. First, direct the Office of Legal Counsel to make
    its opinions publicly available upon promulgation, except in narrow
    circumstances. Second, direct the Office of Legal Counsel to release an
    index of all current OLC opinions and keep it up-to-date.
        We note that OLC legal opinions are rendered both as ``formal
    opinions'' and ``informal advice.'' Both constitute legal advice that
    is binding within the Executive branch, follow a formal approval
    process, have precedential value within OLC, and are tracked in an OLC
    database. The major distinction is only the format in which the advice
    is rendered: a ``formal opinion'' is turned into a carefully formatted,
    written document and some are published online, whereas ``informal
    advice'' may be rendered as an email or in verbal form, which is then
    reduced to a memo for the record. Accordingly, we would apply the
    principle of transparency first articulated in the Principles document
    to disclosure of OLC legal opinions regardless of format.
        The default rule must be that OLC legal opinions will be made
    publicly available contemporaneously with their issuance. While there
    will be exceptions to public disclosure, those exceptions should be
    narrow, constrained, and used only when absolutely necessary. Congress
    should still be informed.
        Congress should also direct OLC to publicly release an index of all
    its opinions and to keep that list up to date. It should contain the
    full name of the opinion; the date it was finalized or revised; each
    author's name (i.e., the person who signed it); each recipient's name;
    identify whether the opinion has been withdrawn; and other salient
    information.
        There is precedent for an index. The FOIA Improvement Act, enacted
    in 2016, established a 25-year limit for the Executive branch to assert
    deliberative process privilege as an exemption to a FOIA request.\8\ A
    resulting lawsuit brought by the Knight First Amendment Center, Francis
    v. DOJ, resulted in an agreement whereby the DOJ is producing indexes
    of OLC opinions more than 25 years old.\9\ Similarly, the 2020
    statement by legal experts endorsed indices.
    ---------------------------------------------------------------------------
        \8\ Public Law 114-185 (114th Congress). https://www.congress.gov/
    bill/114th-congress/senate-bill/337
        \9\ The Knight First Amendment Institute at Columbia University is
    publishing the index on its website. https://knightcolumbia.org/
    reading-room/olc-opinions.
    ---------------------------------------------------------------------------
        We are aware of some limited disclosure provisions within the 2010
    Office of Legal Counsel Memorandum for Attorneys of the Office: Best
    Practices for OLC Legal Advice and Written Opinions.\10\ It fails,
    however, to include a presumption of disclosure and creates multiple
    veto points. The last dozen years have demonstrated that this
    memorandum does not go far enough to protect the integrity of OLC legal
    opinions or confidence in the work of OLC attorneys. Indeed, the 2020
    statement by legal experts declares ``OLC itself has been in crisis for
    some time.''
    ---------------------------------------------------------------------------
        \10\ See ``Best Practices for OLC Legal Advice and Written
    Opinions,'' Office of Legal Counsel (July 2010), available at https://
    www.justice.gov/sites/default/files/olc/legacy/2010/08/26/olc-legal-
    advice-opinions.pdf
    ---------------------------------------------------------------------------
    Legislative Text
        The committee report accompanying the House CJS Appropriations
    Committee included language in fiscal year 2021 and fiscal year 2020
    that, if written into bill text, would favorably resolve the issue.\11\
    We recommend that the Senate adopt that language:
    ---------------------------------------------------------------------------
        \11\ See Report, Commerce, Justice, Science and Related Agencies
    Appropriations Bill, 2021, H. Rpt. 116-455, p. 59, https://
    www.congress.gov/116/crpt/hrpt455/CRPT-116hrpt455.pdf, superseded by
    Joint Explanatory Statement, p. 61, https://docs.house.gov/
    billsthisweek/20201221/BILLS-116RCP68-JES-DIVISION-B.pdf; see Report,
    Commerce, Justice, Science and Related Agencies Appropriations Bill,
    2020, H. Rpt. 116-101, pp. 45-46, https://www.congress.gov/116/crpt/
    hrpt101/CRPT-116hrpt101.pdf, superseded by Joint Explanatory Statement,
    p. 30, https://appropriations.house.gov/sites/
    democrats.appropriations.house.gov/files/HR%201158%20-
    %20Division%20B%20-%20CJS%20SOM%20FY20.pdf.

              To serve the public interest, and in keeping with
            transparency and the precedent of public reporting of judicial
            decisions, the Committee asks the Attorney General to direct
            OLC to publish on a publicly accessible website all legal
            opinions and related materials, except in those instances where
            the Attorney General determines that release would cause a
            specific identifiable harm to the National defense or foreign
            policy interests; information contained in the opinion relates
            to the appointment of a specific individual not confirmed to
            Federal office; or information contained in the opinion is
            specifically exempted from disclosure by statute (other than
            sections 552 and 552b of title 5, United States Code). For
            final OLC opinions for which the text is withheld in full or in
            substantial part, the Attorney General should provide Congress
    ---------------------------------------------------------------------------
            a written explanation detailing why the text was withheld.

              In addition, the Attorney General should also direct OLC to
            publish on a publicly accessible website a complete index of
            all final OLC opinions in both human-readable and machine-
            readable formats, arranged chronologically, within 90 days of
            the enactment of this act, which shall be updated immediately
            every time an OLC opinion or a revision to an opinion becomes
            final. The index shall include, for each opinion: the full name
            of the opinion; the date it was finalized or revised; each
            author's name; each recipient's name; a unique identifier
            assigned to each final or revised opinion; and whether an
            opinion has been withdrawn.

        The language was superseded in the joint explanatory statement for
    fiscal year 2021 and fiscal year 2020 that make the request more
    diffuse and, in light of recent experience, was unduly deferential to
    the Justice Department. As the underlying issue persists, we
    respectfully suggest it is time to take a more robust approach.
        To ensure an informed public, to protect against secret law, and to
    allow Congress to exercise its oversight responsibilities, OLC legal
    opinions must be available to the public and Congress. Thank you again
    for the opportunity to submit this testimony.

        [This statement was submitted by Ginger McCall, Legal Director.]
                                     ______

    Prepared Statement of Eli Parson, Graduate of the San Francisco Family
                   Treatment Court, San Francisco, California
       On Behalf of the National Association of Drug Court Professionals
        Chairwoman Shaheen, Ranking Member Moran, and distinguished Members
    of the subcommittee, I am honored to have the opportunity to submit my
    testimony on behalf of the 1.5 million graduates of treatment court
    programs and the 150,000 people the programs will connect to lifesaving
    addiction and mental health treatment this year alone. Given the
    overlapping crises of substance use and the COVID-19 pandemic, I am
    requesting that Congress provide funding of $100 million for the Drug
    Court Discretionary Grant Program and $30 million for the Veterans
    Treatment Court Grant Program at the Department of Justice for fiscal
    year 2022.
        I am writing to you today as a treatment court graduate, father,
    and advocate for parents and children affected by substance use
    disorder. I am a 2008 graduate of the San Francisco Family Treatment
    Court--a program of the family civil court system that allowed me to
    remain a father while connecting me with the support, treatment
    services, and parental coaching I needed to overcome a lifelong
    substance use disorder. Without the support of the court, my now 13-
    year-old daughter would be growing up in the child welfare system
    without her father. Instead, she is a healthy, thriving teenager
    preparing for her first year of high school with me by her side. The
    treatment court drastically changed the trajectory of both our lives.
        Since 2011, I have worked for the Homeless Prenatal Program, an
    organization that serves, among other child welfare programs, the San
    Francisco Family Treatment Court. In that role, I witness firsthand the
    transformation and triumph families experience as parents overcome
    substance use disorders and are reunited with their children. But I'm
    also seeing the grips of twin crises on families coming to me for help:
    the substance use epidemic and the ongoing effects of COVID-19,
    including isolation and economic devastation. Treatment courts, such as
    adult drug courts, veterans treatment courts, family treatment courts,
    and others offer a public health and public safety response to these
    crises as they seek to enhance and expand to serve more individuals in
    their communities.
        With overwhelming empirical evidence showing their effectiveness,
    it is easy to see that treatment court programs across the country
    merit continued funding. The Government Accountability Office finds the
    drug court model reduces crime by up to 58 percent. Further, the Multi-
    Site Adult Drug Court Evaluation conducted by the Department of Justice
    confirmed drug treatment courts significantly reduce both drug use and
    crime, as well as finding cost savings averaging $6,000 for every
    individual served. Additional benefits include improved employment,
    housing, financial stability, and reduced foster care placements.
    Veterans treatment courts, which expand on the drug court model to
    include veteran justice outreach specialists from the Department of
    Veterans Affairs, volunteer veteran mentors from the community, and a
    myriad of veteran-specific local, State, and Federal resources have
    proven equally effective. As our heroes in uniform continue to
    transition home, it is critical that we have interventions like
    veterans treatment court in place to ensure they have the treatment,
    structure, and support to transform the lives of those who will
    inevitably struggle.
        Beyond the numbers, treatment court programs are making a
    difference in real families across the country, including mine. When my
    daughter was born in 2007, child welfare services prevented me from
    bringing her home from the hospital. At that time, I was in the midst
    of a decades-long battle with substance use. Childhood trauma led me to
    trying alcohol at age 12, using harder drugs by age 14, homelessness at
    age 16, and a lifelong struggle with depression and anxiety. Leaving
    the hospital empty-handed was the most painful moment of my life. It
    was then I knew I had to do what I could to earn the right to bring my
    daughter to the home she deserved. I knew I wanted to change--I just
    needed help.
        I found that help in the San Francisco Family Treatment Court.
    Until I entered the program, my experience with the court system left
    me feeling silenced in my own battle to be healthy and regain custody
    of my daughter. In treatment court, I found hope for the first time,
    something I'd longed to feel for years. Suddenly, I became an active
    participant in a journey to finding my own health and safety so that I
    could guarantee the same for my daughter when we were reunited. The
    multidisciplinary team of the judge, child welfare officers, substance
    use treatment providers, and others were committed to ensuring I
    received the intensive outpatient treatment and other social services I
    needed to ensure my daughter could be reunited with a father free of
    substance use.
        The services I received through this treatment court program
    allowed me to realize my life's greatest achievement: fatherhood. My
    daughter has never known the man sent away from the hospital that day
    in 2007, and it's because of the San Francisco Family Treatment Court.
        I'm not alone in my success. Treatment courts have reunited
    thousands of families by connecting those with mental health and
    substance use disorders with treatment options best suited to them,
    including medication-assisted treatment when deemed appropriate by a
    medical provider. Together, the court team offers the tools to overcome
    addiction and past trauma to create meaningful, healthy relationships.
        Continued support from the Drug Court Discretionary Grant Program
    at the Department of Justice ensures the nearly 4,000 treatment courts
    in the United States today provide critical services to reunite loving
    families. But we know there are many more who still need this
    opportunity. I strongly urge this committee to recommend funding of
    $100 million to the Drug Court Discretionary Grant Program and $30
    million to the Veterans Treatment Court Grant Program in fiscal year
    2022, so families like mine continue to receive lifesaving services.
                                     ______

           Prepared Statement of the Entomological Society of America
      fiscal year 2022 appropriations for the national science foundation
        The Entomological Society of America (ESA) respectfully submits
    this statement for the official record in support of funding for the
    National Science Foundation (NSF). ESA joins the research community by
    requesting a robust fiscal year 2022 appropriation of $10 billion for
    NSF, including strong support for the Directorate for Biological
    Sciences (BIO). Through activities within BIO, NSF advances the
    frontiers of knowledge about complex biological systems at multiple
    scales, from molecules and cells to organisms and ecosystems. In
    addition, the directorate contributes to the support of essential
    research resources, including biological collections and field
    stations. NSF BIO is also the Nation's primary funder of fundamental
    research on biodiversity, ecology, and environmental biology.
        NSF is the only Federal agency that supports basic research across
    all scientific and engineering disciplines outside of the biomedical
    sciences. Each year, the foundation supports an estimated 300,000
    researchers, scientific trainees, teachers, and students, primarily
    through competitive grants to approximately 2,000 colleges,
    universities, and other institutions in all 50 States. NSF also plays a
    critical role in training the next generation of scientists and
    engineers through programs like the NSF Research Traineeship, ensuring
    that the United States will remain globally competitive in the future.
        NSF-sponsored research in entomology and other basic biological
    sciences, which is primarily supported through NSF BIO, provides the
    fundamental discoveries that advance knowledge and facilitate the
    development of new technologies and strategies for addressing societal
    challenges related to economic growth, national security, and human
    health. Because insects constitute two out of every three animal
    species, fundamental research on their biology has provided
    foundational insights across all areas of biology, including cell and
    molecular biology, genomics, physiology, ecology, behavior, and
    evolution. In turn, these insights have been applied toward meeting
    challenges in a wide range of fields, including conservation biology,
    habitat management, livestock production, and pest management.
        Insects have long played an essential role as model organisms for
    understanding basic biological processes across all organisms,
    including people. Insects are often ideal for biological models in
    laboratory experiments because they are generally small and inexpensive
    to obtain, they complete development rapidly, and they can be
    maintained without the special facilities required for vertebrate
    animals.
        The common fruit fly, Drosophila melanogaster, for example, has
    been the subject of NSF-funded research that has profoundly transformed
    the understanding of human health and development in countless ways.
    Equally important, the ability to dramatically reduce the cost of
    sequencing genomes has played a critical role in advancing science in
    the last two decades. In 2018, entomologists were able to complete one
    of the first genome sequences by a single lab for under $1,000 using
    the fruit fly.\1\ This breakthrough not only expanded the accessibility
    of genome sequencing but also changed the way scientists understand the
    fruit fly itself as a model organism. Previously it was thought each
    fruit fly was essentially genetically identical. This study revealed
    there are significant differences in the sequences of many important
    genes, indicating that genome variation is much greater than previously
    believed. This will likely have tremendous medical value to patients,
    health care workers, and scientists.
    ---------------------------------------------------------------------------
        \1\ Solares, Edwin A et al. ``Rapid Low-Cost Assembly of the
    Drosophila melanogaster Reference Genome Using Low-Coverage, Long-Read
    Sequencing.'' G3 (Bethesda, Md.) vol. 8,\10\ 3143-3154. 19 Jul. 2018,
    doi:10.1534/g3.118.200162
    ---------------------------------------------------------------------------
        One NSF BIO-supported project that illustrates the broad reach of
    basic entomological research is focused on insect genetics. With food
    demands rising across the world, there is a need for sustainable,
    alternative protein sources such as mass-reared insects. While there
    are various problems associated with commercial insect production, many
    of them can be addressed by studying and altering genomes to select
    desirable life history traits.\2\ In August 2020, scientists from
    Indiana University--Purdue University Indianapolis and Beta Hatch Inc.
    published a draft genome assembly for the yellow mealworm (Tenebrio
    molitor), a promising alternative source of protein for animal feed,
    and perhaps even human consumption. The NSF-funded work used a new
    sequencing technology that combines aspects of two sequencing methods
    to create longer DNA sequences with lower error rates.\3\ This high-
    quality draft genome is now available for researchers and industry as a
    valuable tool for optimizing mass rearing of mealworms.\1\
    ---------------------------------------------------------------------------
        \2\ https://www.wageningenacademic.com/doi/epdf/10.3920/
    jiff2019.0057
        \3\ https://www.nsf.gov/discoveries/
    disc_summ.jsp?cntn_id=301188&org=BIO&from=news
    ---------------------------------------------------------------------------
        In another example of focused on genetics, NSF-funded researchers
    at Tufts University discovered that two genes are allowing the European
    corn borer moth to adapt to climate change by enabling synchronization
    between their life cycle and seasonal environmental changes. The
    invasive European corn borer moth is unique in its apparent ability to
    perfectly time its life cycle with the seasons so that populations do
    not die off from unexpectedly long or short winters. Genetic analysis
    of moths from across a range of climates (longer summers and shorter
    winters in the south, shorter summers and longer winters in the north)
    in the United States revealed genetic variations in two genes (known as
    clock genes) which were associated with development and generation
    time. The results of this study suggest potential mechanisms with which
    species will be able to adapt to changes in climate that expose them to
    variable season lengths.
        NSF BIO also supports the development of technologies that directly
    impact economic sectors that are highly dependent on entomology. NSF
    recently awarded funding for a Small Business Innovation Research
    (SBIR) Phase I project aimed at ensuring healthier honey bee
    populations through data analysis and modeling.\4\ The project seeks to
    build newer and more robust algorithms capable of autonomously
    analyzing data generated by networked sensors placed in beehives. The
    information derived from the resultant data sets could then be used to
    develop models capable of predicting the infiltration of pests and
    disease in hives before it actually occurs. Ultimately, the successful
    commercialization of this technology could revolutionize an entire
    agricultural sector that has suffered significantly because of honey
    bee colony collapse.
    ---------------------------------------------------------------------------
        \4\ Symes, Ellie. SBIR Phase I: Data Analytics on Honeybee Hives
    Using IoT Sensor Data. Award Number: 1746862
    ---------------------------------------------------------------------------
        The NSF Graduate Research Fellowship Program (GRFP), selects and
    supports science and engineering graduate students demonstrating the
    exceptional potential to succeed in science, technology, engineering,
    and mathematics (STEM) careers. For example, multiple recent Fellows
    have advanced the frontiers of knowledge about the biology of social
    insects under changing environmental conditions. GRFP-sponsored
    research investigating extreme phenotypic plasticity, wherein
    environmental rather than genetic inputs lead to differences among
    individuals, illuminated how developmental pathways may have been
    altered during the evolution of sociality to create social insect
    castes, such as queens and workers.\5\ Phenotypic plasticity is a key
    mechanism of biological adaptation, and this scientific understanding
    is vital to predicting whether insects and other life may adjust to
    environmental change. The insights and tools derived from such
    activities will better enable land managers and environmental
    regulators to protect ecosystems vulnerable to climactic shifts.
    ---------------------------------------------------------------------------
        \5\ https://journals.biologists.com/jeb/article/221/23/jeb153163/
    20481/Genetic-accommodation-and-the-role-of-ancestral
    ---------------------------------------------------------------------------
        In addition to funding research, NSF BIO plays a critical role in
    the curation, maintenance, and enhancement of physical-biological
    collections. These collections and their associated data sets serve a
    variety of purposes, and while they are particularly important to the
    field of entomology, their value to the broader scientific enterprise
    cannot be overstated. Physical collections enable the rapid
    identification and mitigation of costly invasive pests that affect
    agriculture, forestry, and human and animal health. This is only
    achievable because such collections are continuously being updated to
    reflect environmental changes, evolutionary developments, and shifting
    migratory patterns of invasive species around the world. For example,
    the GRFP supported a project which used natural history collections to
    examine how the diversity of beneficial social insects have changed
    with urbanization intensity over the past century.\6\ Researchers then
    developed novel machine learning models to forecast how land use change
    will affect biodiversity patterns in the future. Ongoing investment in
    the training of the next generation of scientific leaders is essential
    to promoting the American workforce in STEM and advancing basic
    scientific discovery in NSF priority areas. NSF also supports workshops
    designed to provide hands-on training in collections curation and
    management, with a particular emphasis on students and early-career
    researchers.\7\
    ---------------------------------------------------------------------------
        \6\ https://www.nsf.gov/awardsearch/
    showAward?AWD_ID=1906242&HistoricalAwards=false
        \7\ Song, Hojun and Shockley, Floyd. Towards a Sustainable
    Management of Insect Collections in the U.S. through the Entomological
    Collections Management Workshop. Award Number: 1640919
    ---------------------------------------------------------------------------
        While collections-focused awards like those mentioned above are
    encouraging, ESA is concerned by the inconsistent Federal support for
    biological collections. Recent advancements in imaging, digitization,
    and data collection and storage technologies have caused some to
    question the necessity of continued support for existing biological
    collections. ESA recognizes that technological development is spurring
    substantive discussion about the future of biological collections.
    However, while these new developments and advancements will hopefully
    yield new benefits for biological research, they are not a replacement
    for physical biological collections. Given their continuing relevance
    and broad application to domestic homeland security, public health,
    agriculture, food security, and environmental sustainability, ESA
    firmly supports continued Federal investment in programs supporting
    collections such as NSF's Infrastructure Capacity for Biological
    Research.

        Given NSF's critical role in supporting fundamental research and
    education across science and engineering disciplines, ESA supports an
    overall fiscal year 2022 NSF budget of $10 billion. ESA requests robust
    support for the NSF BIO Directorate, which funds important research
    studies and biological collections, enabling discoveries in the
    entomological sciences to contribute to understanding environmental and
    evolutionary biology, physiological and developmental systems, and
    molecular and cellular mechanisms.

        ESA, headquartered in Annapolis, Maryland, is the largest
    organization in the world serving the professional and scientific needs
    of entomologists and individuals in related disciplines. As the largest
    and one of the oldest insect science organizations in the world, ESA
    has approximately 7,000 members affiliated with educational
    institutions, health agencies, private industry, and government.
    Members are researchers, teachers, extension service personnel,
    administrators, marketing representatives, research technicians,
    consultants, students, pest management professionals, and hobbyists.

        Thank you for the opportunity to offer the Entomological Society of
    America's support for NSF research programs. For more information about
    the Entomological Society of America, please see http://
    www.entsoc.org/.

        [This statement was submitted by Michelle S. Smith, BCE,
    President.]
                                     ______

             Prepared Statement of the Federal Managers Association
                         United States Marshals Service
                                  Chapter 373
    June 3, 2021

    The Honorable Patrick J. Leahy              The Honorable Richard C.
    Chairmen                                     Shelby
    Committee on Appropriations                 Ranking Member
    437 Russell Senate Office Building          Committee on Appropriations
    Washington, D.C. 20510                      304 Russell Senate Office
                                                 Building
                                                Washington, D.C. 20510

    The Honorable Jeanne Shaheen                The Honorable Jerry Moran
    Chairwoman                                  Ranking Member
    Subcommittee on Commerce, Justice,          Subcommittee on Commerce,
      Science, and Related Agencies              Justice,
    Committee on Appropriations                   Science, and Related
    506 Hart Senate Office Building              Agencies
    Washington, D.C. 20510                      Committee on Appropriations
                                                521 Dirksen Senate Office
                                                 Building
                                                Washington, D.C. 20510

         fiscal year 2022 appropriations, u.s. marshals service (usms)
    Dear Chairs Leahy and Shaheen and Ranking Members Shelby and Moran:

        The Federal Managers Association (FMA) \1\ is the oldest and
    largest organization representing the interests of the 200,000
    managers, supervisors, and executives serving in today's Federal
    Government. It aims to promote excellence in public service. Despite
    setbacks in consultation with USMS leadership in recent years,\2\ FMA
    has maintained an active and influential chapter at the Agency for
    nearly two decades.
    ---------------------------------------------------------------------------
        \1\ www.fedmanagers.org
        \2\ http://fedmanagers.org/fma/files/ccLibraryFiles/Filename/
    000000001510/FMA
    %20to%20Director%20Washington%20re%20%20Consultation%20Agreement.pdf,
    September 21, 2020
    ---------------------------------------------------------------------------
        USMS FMA has long sounded the alarm about staffing levels at
    USMS.\3\ The concerns in no way suggest that Congress has not
    appropriated an adequate number of full-time equivalencies (FTEs) to
    fulfill USMS duties.\4\ Rather, they speak to how Agency leadership has
    disproportionately allocated its workforce into what has grown into
    top-heavy headquarter divisions and staff offices, versus its 94
    district offices throughout the country where the majority of work
    assignments are carried out each day. An exhibit \5\ in a recent news
    report \6\ confirms that district offices continue to be neglected. As
    a result, we believe it is only a matter of time before the Agency is
    no longer able to safely and consistently carry out its primary mission
    of court security without risk of injury or worse to participants in
    the judicial process.
    ---------------------------------------------------------------------------
        \3\ https://www.govexec.com/management/2019/02/us-marshals-
    complain-system-unfairly-denies-them-promotion/154811/, February 12,
    2019 (note sub-heading ``HQ Versus the Field'').
        \4\ https://www.usmarshals.gov/duties/factsheets/index.html, viewed
    June 3, 2021.
        \5\ https://drive.google.com/file/d/
    1qFXJktXtE2eH2lba5dqhlFUnTb_1gJQH/view, May 10, 2021.
        \6\ https://dakotafreepress.com/2021/05/31/u-s-marshals-face-
    contempt-for-disrupting-court-after-refusing-judges-order-to-disclose-
    coronavirus-vaccination-status/, May 31, 2021.
    ---------------------------------------------------------------------------
        Agency executives routinely suggest an interest in one Marshals
    Service. Yet, we often hear from our constituents--and we agree--USMS
    has seemingly grown into two separate components operating under the
    same badge. Over the past decade the Agency has seen a significant
    increase in the splitting of its workforce between 94 district offices
    and 12 headquarter divisions and a variety of staff offices, the latter
    that report through Arlington, VA.
        Rather compelling is--for what may be the first time--a written
    admission by the Agency's Chief of Staff in the aforementioned exhibit,
    presumably representing the Director and Deputy Director,\7\ that
    staffing shortages in district offices are adversely impacting the
    ability to provide basic judicial security functions:
    ---------------------------------------------------------------------------
        \7\ Questions have been raised where the Agency's leadership is
    (i.e., why the Director and Deputy Director have delegated a response
    to an Article III Judge from the Chief of Staff with no decisional
    authority).

            ``The USMS takes seriously its court security responsibilities
            and place the highest priority on maintaining the safety and
            security of those involved in the judicial process. It should
            be noted, however, the Marshals Service is currently at a
            critical staffing level of 69 percent across the agency. The
            District of South Dakota's DUSM staffing level is even lower at
            only 65 percent. This severe staffing shortage contributes to
            the limited number of trials and hearings which can be
            supported simultaneously, as well as the staffing for any pre-
            or post-trial appearances requiring the provision of court
            security by DUSM personnel. Any widespread court orders or
            other restrictions which would impose additional limitations on
            the number of DUSMs available to provide court security and
            other vital responsibilities further degrades our Nationwide
            ability to support the judiciary and may negatively impact the
            ability of courts to conduct their business when such security
            is required.'' \8\
    ---------------------------------------------------------------------------
        \8\ Id.

        Last year, the Courts called upon Congress for ``increased
    appropriations for USMS to hire an additional 1,000 Deputy U.S.
    Marshals (DUSMs) in accordance with the District Staffing Model'' to
    provide for their security.\9\ Many Agency managers, however, make the
    case that these 1,000 ``district'' operational employees have been
    reassigned over time to build larger headquarter divisions and staff
    offices at the expense of district offices, routinely creating staffing
    shortages across the country to uphold the Agency's primary mission.
    For example:
    ---------------------------------------------------------------------------
        \9\ https://www.uscourts.gov/sites/default/files/
    letter_to_congress_re_judicial_security_
    funding_request.pdf, September 4, 2020, and https://www.uscourts.gov/
    news/2020/09/09/
    congress-urged-adopt-judicial-security-measures, September 9, 2020.

      --Today, the Agency's Investigative Operations Division employs over
            600 FTEs and contractors throughout the country, all reporting
            through Arlington, VA, as opposed to the district chain of
            command (i.e., United States Marshal and Chief Deputy U.S.
            Marshal) in cities where the two groups are mere miles apart
            from one another.
      --During the previous Administration, the Agency dedicated nearly two
            dozen DUSMs to its Judicial Security Division (JSD) in support
            of protective operations for the Secretary of Education.\10\
            Its cost was widely criticized for years and many questions
            were raised on how and why it became a new USMS mission.\11\
            The detail ended on January 8, 2021. Yet, it does not appear
            the assigned DUSMs, most of whom were originally pulled from
            districts years earlier, were returned to the most critically
            understaffed offices. Instead, we are informed almost all were
            reassigned to other headquarter programs, to include within JSD
            to increase the size of the protection detail for the Deputy
            Attorney General.
    ---------------------------------------------------------------------------
        \10\ Archived organizational chart, Judicial Security Division,
    Protective Operations, Secretary of Education. [Exhibit A]
        \11\ Letter to Acting Attorney General Matthew G. Whitaker from
    Charles E. Grassley, Chairman, Senate Committee on the Judiciary,
    December 7, 2018, [Exhibit B] and https://www.politico.com/news/2020/
    11/03/devos-security-detail-millions-years-433977, November 3, 2020.
    ---------------------------------------------------------------------------
      --Three dozen DUSMs and administrative employees (and one contractor)
            are reportedly assigned to the Tactical Operations Division,
            Strategic National Stockpile Security Operations. While
            guarding the country's national stockpile is an important
            responsibility, it is not one that necessarily falls within a
            primary USMS mission.

        The Agency uses a District Staffing Model to allocate positions to
    its 94 district offices. Despite repeated requests over many years to
    develop a similar model, one does not exist for USMS headquarters,
    thereby allowing its offices to grow exponentially. Consequently, we do
    not believe transparency exists with respect to how the Agency
    strategically applies a staffing model exclusive to districts, thereby
    positioning itself when levels drop, to argue for additional funding to
    protect judges. Rather, it gives the impression Congress can only solve
    a crisis in the making with more resources.
        Before funding an additional 1,000 DUSMs, we urge the sub-committee
    to consider examining the true need of so many additional positions at
    taxpayer expense. After all, the Agency reports year after year it has
    been unable to fill a number of DUSM openings, consistently incapable
    of keeping up with attrition. A review of existing vacancies--even well
    before the pandemic--will likely validate this point.\12\
    ---------------------------------------------------------------------------
        \12\ We also suggest asking for the number of DUSM candidates
    recruited, cleared, and currently ready to attend basic training if
    1,000 positions were funded.
    ---------------------------------------------------------------------------
        Across the country in other DOJ investigative components (i.e.,
    ATF, DEA, FBI, and OIG) operational staff assigned in cities outside
    their Washington, D.C. headquarters report through a local Special
    Agent-in-Charge. Not so at USMS where hundreds of DUSMs report through
    Arlington, VA, creating unnecessary and redundant layers of mid-level
    managers in the same cities to separately supervise those assigned to
    headquarter divisions and staff offices and those assigned to
    districts.
        A co-author of this letter managed USMS, Northern District of
    Illinois, for more than 2 years from 2018-2020. His experience was
    those headquarter employees assigned in Chicago were not routinely
    available or required to support district operations, even on what were
    ``beyond-capacity days'' when staffing was so critically short the
    district had difficulty safely carrying out the Agency's judicial
    security and detention operation missions (i.e., when called to assist,
    headquarter employees under separate chains of command often did not
    show up at the U.S. Courthouse--without consequence--to support
    judicial security operations). When confronted with the associated
    risk, the Agency's Director said he believes USMS is ``different'' than
    ATF, DEA, FBI, and OIG. We think not. Accordingly, we call upon
    Congress to consider urging the Government Accountability Office to
    conduct a study to examine any difference in organizational structures,
    the associated risk, and unnecessary cost with redundant mid-level
    managers between other investigative DOJ components and USMS where at
    the latter employees could instead be hired at lower grades to staff
    courtrooms and detention space in district offices.
        The Agency's Chief Financial Officer acknowledges Congress
    appropriates funds and positions to USMS as a whole unit (i.e., it does
    not mandate where to internally allocate said funds or positions).\13\
    ATF, DEA, FBI, and OIG seemingly and effectively manage their
    organizational structures through local Special Agents-in-Charge. We
    believe USMS could equally do so through its United States Marshals and
    Chief Deputy U.S. Marshals that lead its district offices.
    Alternatively, divisions unnecessarily and exponentially grow silos,
    commonly termed throughout the Agency as ``empire-building,''
    disproportionately leaving too many districts critically short staffed.
    The current national average of 69 percent as reported by the Chief of
    Staff is astonishing, not ignoring an acknowledgement many districts
    operate at even lower staffing percentages.
    ---------------------------------------------------------------------------
        \13\ Email from Holley O'Brien, Chief Financial Officer, to Jason
    Wojdylo, November 13, 2018. [Exhibit C]
    ---------------------------------------------------------------------------
        We hope the new USMS Director will avoid being bamboozled by
    bureaucrats at USMS headquarters into believing congressional mandates
    require continued growth of headquarter divisions and staff offices.
    Instead, we renew our recommendation by urging him to shake-up the
    organizational structure by issuing an immediate moratorium on hiring
    all but critical vacancies exclusively in district offices and
    immediately reassign staff in cities around the country to local
    district chains of command, using the tested and successful model found
    at other DOJ components.
        The Director-nominee awaits Senate confirmation. With his swift
    confirmation there is opportunity to get back to the basics by holding
    USMS accountable to its judicial security mission. Doing so could avoid
    the confrontation recently created in South Dakota between district
    managers--under of the auspice of ``headquarters said so"--and the very
    judiciary the Agency is sworn to protect.\14\ It raises questions
    whether additional research by USMS \15\ may have advanced better
    communication with the Judiciary.
    ---------------------------------------------------------------------------
        \14\ Id.
        \15\ https://www.washingtonpost.com/lifestyle/wellness/hipaa-
    vaccine-covid-privacy-violation/2021/05/22/f5f145ec-b9ad-11eb-a6b1-
    81296da0339b_story.html, May 22, 2021.
    ---------------------------------------------------------------------------
        We urge Congress to expeditiously endorse five of the six judicial
    security measures approved by the Judicial Conference of the United
    States.\16\ We ask that the staffing proposal, however, be carefully
    reviewed where immediate steps can instead be taken to reassign
    existing USMS operational employees from bloated headquarter divisions
    and staff offices back to critically understaffed districts.\17\
    Otherwise, beyond the more important issue of safety at our U.S.
    Courthouses and of the judicial process we question whether the
    greatest opportunity for excellence in public service can truly be
    achieved at USMS.
    ---------------------------------------------------------------------------
        \16\ https://www.uscourts.gov/sites/default/files/
    letters_to_congressional_leadership_re_
    judicial_security_0.pdf, August 19, 2020.
        \17\ For the past 15 months hundreds of USMS employees and
    contractors assigned to headquarter divisions and staff offices have
    predominantly teleworked amid the pandemic. Conversely, their peers
    assigned to districts mostly reported to district offices to carry out
    the Agency's critical missions.

    ---------------------------------------------------------------------------
                      Sincerely,

          Dave Barnes                      Jason R. Wojdylo
          President                        Vice-President for Law
                                            Enforcement Operations

                                     ______

        Prepared Statement of the Federation of American Societies for
                              Experimental Biology
                          nsf fiscal year 2022 funding
                                    summary
        Federal investments in fundamental research have led to remarkable
    progress in the biological and biomedical sciences. Basic research was
    the groundwork for the speed--months instead of years--in the
    development of COVID-19 vaccines, and pre-clinical research, such as
    animal studies, has been essential to every step of achieving medical
    progress.
        Despite Congress' bipartisan support for investing in science,
    Federal funding for research has not kept pace, posing a threat to our
    Nation's competitiveness. We face a real threat of losing our edge in
    industries such as biotechnology if we do not prioritize increasing
    investments in science and building a diverse workforce.\1\ The U.S.
    spends less on research and development (R&D) than many countries. If
    the U.S. is to be prepared to respond to future threats, our scientific
    leadership must progress. According to Science Is Us, there is the
    added benefit of jobs. STEM supports 69 percent of U.S. gross domestic
    product, touches two out of three workers, and generates $2.3 trillion
    in tax revenue.\2\
    ---------------------------------------------------------------------------
        \1\ NSF Science Indicators 2018
        \2\ STEM and the American Workforce. You've heard it before: STEM
    jobs--... | by Science is US | Medium
    ---------------------------------------------------------------------------
        The Federal Government should commit to robust, predictable, and
    sustained funding increases for science agencies.
                          national science foundation
        With a mandate to support fundamental research across all fields of
    science, engineering, and mathematics, the NSF is the cornerstone of
    our Nation's scientific and innovation enterprise.

        Among Federal science agencies, NSF has the unique capacity to:

        Support multi-disciplinary research: By leveraging its portfolio
    across the sciences, NSF funds cutting-edge research at the interface
    of the physical, biological, and social sciences to tackle challenges
    in creative ways, including climate change, biodiversity loss, and
    geohealth.\3\
    ---------------------------------------------------------------------------
        \3\ NSF's 10 Big Ideas, National Science Foundation, Alexandria, VA
    ---------------------------------------------------------------------------
        Organize and lead research partnerships at speed and scale: The NSF
    coordinates and leads interagency research endeavors, including
    partnerships with NIH and DOE SC. These collaborations advance public
    health and clean energy, the development of artificial intelligence,
    and other national priorities.\4\
    ---------------------------------------------------------------------------
        \4\ NSF Collaborations with Federal Agencies and Others, National
    Science Foundation, Alexandria, VA
    ---------------------------------------------------------------------------
        Train the next generation of scientists: NSF plays a key role in
    supporting accessibility of scientific education, training scientists
    who will work across different scientific disciplines, and broadening
    participation in science and engineering among underrepresented and
    diverse groups.\5\
    ---------------------------------------------------------------------------
        \5\ Education and Human Resources Directorate, National Science
    Foundation, Alexandria, VA
    ---------------------------------------------------------------------------
        Despite its critical role in accelerating science and innovation,
    NSF's budget has not grown in real terms in nearly 20 years. Recent
    data demonstrates that NSF was able to fund only 22 percent of the
    high-quality research proposals that were submitted, rather than the
    National Science Board recommendation of 30 percent. In fiscal year
    2019, approximately $2.8 billion was requested for about 4,262 declined
    proposals that were rated Very Good or higher in the merit review
    process.\6\
    ---------------------------------------------------------------------------
        \6\ Report on the National Science Foundation's Merit Review
    Process, Fiscal Year 2019, National Science Foundation, Alexandria, VA
    ---------------------------------------------------------------------------
        Our recommendation ($10 billion) is $1.5 billion above fiscal year
    2021 to support a five percent increase across the agency's core
    research and education programs, establish a new grant program for
    early-career fellowships as envisioned in congressional legislation,
    fund more high-quality research proposals, and increase NSF's average
    award size.\7 \\8\ NSF could also accelerate key priorities, including
    Ten Big Ideas, Convergence Accelerators, Partnerships for Innovation,
    I-Corp, and Mid-Scale Research Infrastructure.\9 \\10\
    ---------------------------------------------------------------------------
        \7\ American Innovation Act
        \8\ Supporting Early Career Researchers Act
        \9\ National Science Foundation Convergence Accelerators and NSF 10
    Big Ideas Funding, Fiscal Year 2020 Budget Request to Congress,
    National Science Foundation, Alexandria, VA
        \10\ Partnership for Innovation

        FASEB Fiscal Year 2022 Recommendation: At least $10 billion for
    NSF.
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        [This statement was submitted by Ellen Kuo, Associate Director,
    Legislative Affairs.]
                                     ______

    Prepared Statement of the Federation of Associations in Behavioral and
                                 Brain Sciences
      fiscal year 2022 appropriations for the national science foundation
    Chairwoman Shaheen, Ranking Member Moran, and Members of the
    subcommittee:

        The Federation of Associations in Behavioral and Brain Sciences
    (FABBS) is grateful for the opportunity to submit testimony for the
    record in support of the National Science Foundation (NSF) budget for
    fiscal year 2022. FABBS represents 27 scientific societies and over
    sixty university departments whose members and faculty share a
    commitment to advancing knowledge of the mind, brain, and behavior. As
    a leading member of the Coalition for National Science Funding, FABBS
    joins the broader scientific community in urging Congress to fund NSF
    with at least $10 billion in fiscal year 2022.
        FABBS is grateful for the strong bipartisan and bicameral support
    to re-invigorate Federal research and development at a time when our
    global competitors are looking to surpass American investments. The
    bipartisan United States Innovation and Competition Act recently passed
    by the Senate would authorize more than $80 billion for the Foundation
    over 5 years. This same commitment to growing NSF is reflected by
    Members of the House Science, Space, and Technology Committee in the
    bipartisan NSF for the Future Act recently passed out of committee,
    which would authorize $78 billion over 5 years. Furthermore, the
    President's budget request calls for over $10 billion in fiscal year
    2022, a 20 percent increase over fiscal year 2021 appropriations.
        This demonstration of support recognizes that NSF-funded research
    pays long-term dividends in health, national security, and the
    innovation and technologies driving our economy. In addition, NSF
    research and programs provide the tools to develop a workforce equipped
    for the challenges and technologies of the future and foster the next
    generation of scientists--with a commitment to broad participation--
    whose work will keep this country at the forefront of discovery.
    Furthermore, Federal support for the NSF is vital to our research
    infrastructure. NSF supports one out of every four basic research
    projects at higher learning institutions across the United States.
        Despite the critical importance of NSF, and the fact that the U.S.
    has lost standing in international competitiveness, the agency remains
    woefully underfunded. Due to budget constraints, NSF must decline
    thousands of qualified proposals, of which nearly $3 Billion dollars'
    worth are rated very good or higher. NSF Director Panchanathan has
    indicated that proposals that do receive funding could produce better
    research outcomes and provide better value by increasing the size and
    duration of grants. In fact, he has said that NSF could double their
    budget on the current research and researchers that go unfunded, and
    ``a quadrupling of the funding is just barely enough to be able to take
    us to all the ideas being unleashed so that we might be far ahead of
    the competition.''
        FABBS members are grateful that NSF received $75 million in the
    CARES Act and $600 million in the American Rescue Plan. These
    appropriations have already led to important insights related to the
    COVID-19 pandemic, while helping to alleviate the research
    interruptions caused by the public health crisis and fund timely
    research critical to helping our country slow the spread of COVID-19.
    NSF has made more than 1,000 awards to address questions related to the
    pandemic and its long-term consequences.
        Behavioral, cognitive, and social scientists are producing tools
    for policymakers, educators, and the general public to cope with and
    recover from the unprecedented circumstances of the past year. They are
    developing strategies to get students back on track, delineating best
    practices for public health communication, and advancing knowledge to
    foster resilience in the face of collective trauma and sustained
    periods of stress. Robust investment in basic science in fiscal year
    2022 is vital to accelerating the pandemic recovery and maintaining
    American leadership in research and development.
        FABBS scientists have a particular interest in the Social,
    Behavioral and Economics (SBE) Sciences directorate, which provides an
    estimated 62 percent of the Federal funding for fundamental research in
    SBE sciences at academic institutions across the country.\1\ Thus, our
    fields are heavily dependent on the NSF to inform discoveries from
    expanding our understanding of the mechanisms of memory underlying
    brain activity, to contributing to the design and assessing the social
    and ethical consequences of new technologies, to better understanding
    decision making and risk assessment with broad implications for health
    and public policy. SBE is home to the National Center for Science and
    Engineering Statistics (NCSES), a Federal statistical agency that
    provides statistical information about the United States' science and
    engineering (S&E) enterprise. NCSES collects, analyzes, and
    disseminates data on research and development (R&D), the S&E workforce,
    the condition and progress of science, STEM education, and U.S.
    competitiveness in science, engineering, and technology R&D.
    ---------------------------------------------------------------------------
        \1\ https://www.nsf.gov/about/budget/fy2021/pdf/28_fy2021.pdf
    ---------------------------------------------------------------------------
        In addition to receiving support from SBE, FABBS members appreciate
    critical funding from the Computer and Information Science and
    Engineering Directorate (CISE), which funds research on topics such as
    human-technology interaction and cyber-assisted learning; the
    Biological Sciences (BIO) Directorate, which funds research on topics
    such as sleep and circadian rhythms and sex differences in responses to
    stress; and the Education and Human Resources (EHR) Directorate, which
    funds research on increasing America's human capital through effective
    education in science, technology, engineering and mathematics.
        We recognize that Congress must balance competing budget priorities
    while working to deliver a robust recovery from the pandemic. To that
    end, increasing Federal investment in fundamental scientific research
    across all sciences is critical to successfully managing the pandemic
    recovery and ensuring the future prosperity, security, and health of
    our Nation and its people. We urge you to provide NSF with at least $10
    billion for fiscal year 2022. Along with the broader scientific
    community, we believe that increased funding for fundamental scientific
    research would set the NSF on a path to yield transformative benefits
    to the country. We thank you in advance for your commitment to robust
    funding in fiscal year 2022 and efforts to complete the budget in a
    timely manner.
        Thank you for considering this request.
                             FABBS MEMBER SOCIETIES
    Academy of Behavioral Medicine Research
    American Educational Research Association
    American Psychological Association
    American Psychosomatic Society
    Association for Applied Psychophysiology and Biofeedback
    Association for Behavior Analysis International
    Behavior Genetics Association
    Cognitive Neuroscience Society
    Cognitive Science Society
    International Congress of Infant Studies
    International Society for Developmental Psychobiology
    Massachusetts Neuropsychological Society
    National Academy of Neuropsychology
    The Psychonomic Society
    Society for Behavioral Neuroendocrinology
    Society for Computation in Psychology
    Society for Judgement and Decision Making
    Society for Mathematical Psychology
    Society for Psychophysiological Research
    Society for the Psychological Study of Social Issues
    Society for Research in Child Development
    Society for Research in Psychopathology
    Society for the Scientific Study of Reading
    Society for Text & Discourse
    Society of Experimental Social Psychology
    Society of Multivariate Experimental Psychology
    Vision Sciences Society
                                FABBS AFFILIATES
    APA Division 1: The Society for General Psychology
    APA Division 3: Experimental Psychology
    APA Division 7: Developmental Psychology
    APA Division 28: Psychopharmacology and Substance Abuse
    Arizona State University
    Binghamton University
    Boston University
    California State University, Fullerton
    Carnegie Mellon University
    Columbia University
    Cornell University
    Duke University
    East Tennessee State University
    Florida International University
    Florida State University
    George Mason University
    George Washington University
    Georgetown University
    Georgia Institute of Technology
    Harvard University
    Indiana University Bloomington
    Indiana University--Purdue University Indianapolis
    Johns Hopkins University
    Kent State University
    Lehigh University
    Massachusetts Institute of Technology
    Michigan State University
    New York University
    North Carolina State University
    Northeastern University
    Northwestern University
    The Ohio State University, Center for Cognitive and Brain Sciences
    Pennsylvania State University
    Princeton University
    Purdue University
    Rice University
    Southern Methodist University
    Stanford University
    Syracuse University
    Temple University
    Texas A&M University
    Tulane University
    University of Arizona
    University of California, Berkeley
    University of California, Davis
    University of California, Irvine
    University of California, Los Angeles
    University of California, Riverside
    University of California, San Diego
    University of Chicago
    University of Colorado, Boulder
    University of Delaware
    University of Houston
    University of Illinois at Urbana-Champaign
    University of Iowa
    University of Maryland, College Park
    University of Massachusetts Amherst
    University of Michigan
    University of Minnesota
    University of Minnesota, Institute of Child Development
    University of North Carolina at Greensboro
    University of Pennsylvania
    University of Pittsburgh
    University of Texas at Austin
    University of Texas at Dallas
    University of Washington
    Vanderbilt University
    Virginia Tech
    Wake Forest University
    Washington University in St. Louis
    Yale University

        [This statement was submitted by Juliane Baron, Executive
    Director.]
                                     ______

         Prepared Statement of the Florida Agricultural and Mechanical
                                   University
    fiscal year 2022 programmatic allocations for education programs under
    the national oceanic and atmospheric administration (noaa) and national
                            science foundation (nsf)
        Chair Leahy, Chair Shaheen, Vice Chairman Shelby, Ranking Member
    Moran, and Members of the Commerce, Justice, Science, and Related
    Agencies subcommittee, thank you for the opportunity to submit public
    testimony on the Fiscal Year 2022 Commerce, Justice, Science, and
    Related Agencies Appropriations bill. Specifically, FAMU supports the
    President's fiscal year 2022 budget request for the National Oceanic
    and Atmospheric Administration's (NOAA) Education Partnership Program
    with Minority Serving Institutions (EPP/MSI) and the National Sea Grant
    College Program, as well as the National Science Foundation's Education
    and Human Resources education programs. These congressionally
    authorized Federal programs have a direct impact on FAMU, our students,
    our region and our Nation.
        Florida A&M University, based in the State capitol of Tallahassee,
    Florida, was founded in 1887 with only 15 students and two instructors.
    Today, FAMU has grown to nearly 10,000 students and we are the highest
    ranked among public Historically Black Colleges and Universities (HBCU)
    according to the U.S. News and World Report National Public
    Universities. Our University offers 56 bachelor's degrees, 29 master's
    degrees, 12 doctoral degrees and three professional degrees. We are a
    leading land-grant research institution with an increased focus on
    science, technology, research, engineering, agriculture, and
    mathematics.
        The Federal Government is a key partner and resource for FAMU. The
    Federal science agencies, in particular, support a wide range of the
    University's education, research and training programs. In turn, we
    produce highly-skilled graduates in critical disciplines and conduct
    cutting edge research benefitting the Federal Government as well as the
    Nation. FAMU strongly supports funding for two important education
    programs under the Department of Commerce National Oceanic and
    Atmospheric Administration (NOAA), as well as education programs under
    the National Science Foundation Directorate for Education & Human
    Resources (EHR).
     noaa education partnership program with minority serving institutions
                                   (epp/msi)
        FAMU is one of the four lead universities for the NOAA Education
    Partnership Program with Minority Serving Institutions (EPP/MSI)
    Cooperative Science Centers (CSCs), and as such we support the proposed
    increase for the program in the President's fiscal year 2022 budget.
    The goal of the EPP/MSI is to increase the number of students,
    particularly from underrepresented communities, who attend Minority
    Serving Institutions and graduate with degrees in science, technology,
    engineering and mathematics (STEM) relevant to NOAA's mission.
        In August 2016 under the EPP/MSI program, NOAA awarded Cooperative
    Science Centers (CSCs) to four universities under 5-year cooperative
    agreements. This was the latest round of CSC awards since the program
    was first established in 2001. FAMU is the lead university for the
    Center for Coastal and Marine Ecosystems, one of the four CSCs. Our
    partners include Bethune Cookman University, California State
    University Monterey Bay, Jackson State University, Texas A&M University
    (Corpus Christi), and the University of Texas Rio Grande Valley. The
    annual appropriation supports FAMU, along with other lead Minority
    Serving Institutions, which partner with 24 additional U.S. colleges
    and universities as part of the CSC program. The faculty and students
    conduct research that further supports NOAA's mission.
        In April 2021, FAMU hosted the first phase of the Tenth Biennial
    NOAA EPP/MSI Education and Science Forum. The focus of the Forum is
    expanding academic training in NOAA-mission STEM disciplines, through
    partnership activities as well as promoting career opportunities for
    STEM graduates in the public, private, and academic sectors.
        Since 2001, NOAA EPP/MSI Cooperative Science Centers institutions
    have awarded post-secondary degrees to over 2,300 students in fields
    that support NOAA's mission. Over the same time period, these
    institutions awarded over half of the doctoral degrees that were earned
    by African Americans in both atmospheric science and marine science in
    the United States. The President's fiscal year 2022 budget for NOAA's
    Office of Education proposes a $3 million increase in funding for this
    critical program, which supports NOAA-related research, increases
    diversity of the STEM workforce and fosters American competitiveness in
    STEM fields. We urge the subcommittee to support the President's budget
    proposal and provide increased funding for the NOAA EPP/MSI program.
                    noaa national sea grant college program
        FAMU also strongly supports the subcommittee allocating the
    President's fiscal year 2022 budget request of $115.7 million for
    NOAA's National Sea Grant College Program, which works to create and
    maintain a healthy coastal environment and economy. The Sea Grant
    network consists of a Federal/university partnership between NOAA and
    34 university-based programs in every coastal and Great Lakes State,
    Puerto Rico, and Guam. The network draws on the expertise of more than
    3,000 scientists, engineers, public outreach experts, educators and
    students to help citizens better understand, conserve and utilize
    America's coastal resources.
        The Florida Sea Grant program is a Statewide program headquartered
    at the University of Florida. The program supports research, education
    and extension to conserve coastal resources and enhance economic
    opportunities for the citizens of Florida. Since 1997, faculty and
    students at 13 participating institutions, including FAMU, have
    received Federal funding from the Florida Sea Grant. In 2019, the
    economic impact of the Florida Sea Grant program was $17.1 million and
    resulted in 372 jobs created or sustained. The program also supported a
    variety of research and training relevant to Florida's coastal
    communities and related industries, including developing a model to
    project future flood risks to support Florida's coastal resiliency
    plans. The program augments the State's artificial reef efforts and
    helps to protect, enhance and restore coastal habitat. Nationally, the
    Sea Grant program had an economic impact of $412.4 million in 2020, far
    exceeding the Federal investment in the program. The national program
    helped to create or sustain 10,404 jobs and 998 businesses. It also
    supported nearly 2,000 graduate and undergraduate students and fellows.
        The President's fiscal year 2022 budget proposes to substantially
    increase funding for the National Sea Grant College Program under
    NOAA's Office of Oceanic and Atmospheric Research (OAR). Continued
    funding for this program, which has been in existence for more than 50
    years, is critical to supporting Great Lakes and coastal communities,
    including those in Florida, through research, extension and education.
    FAMU, as a member of the Florida Sea Grant program, urges the
    subcommittee to support the President's budget proposal and fund the
    Sea Grant program at the requested level of $115.7 million.
              national science foundation (nsf) education programs
        The NSF Directorate for Education and Human Resources (EHR)
    supports a wide variety of programs across all levels of education in
    science, technology, engineering and mathematics (STEM). In particular,
    FAMU supports funding for the broadening participation programs aimed
    at increasing the participation of underrepresented populations in STEM
    education and, ultimately, the STEM workforce. These programs include
    the Historically Black Colleges and Universities Undergraduate Program
    (HBCU-UP). FAMU urges the subcommittee to support the President's
    budget request of $46.5 million for HBCU-UP.
        FAMU has received significant research funding through NSF,
    including more than $4 million from NSF in fiscal year 2020. These
    grants have funded a variety of scientific research projects as well as
    programs to promote underrepresented minorities in STEM careers. FAMU
    continues to pursue NSF funding for innovative projects and encourages
    the subcommittee to provide robust funding for NSF's education
    programs.
        The President's fiscal year 2022 budget requests $1.28 billion for
    NSF's EHR programs. The budget also proposes an increase in the HBCU-UP
    program. Funding at the President's budget request for EHR and the
    HBCU-UP would allow NSF to expand its important work of supporting STEM
    education programs, particularly its broadening participation programs
    directed at underrepresented populations.
        We urge the subcommittee to support the President's proposed budget
    increases for these critical NOAA and NSF education programs. We thank
    you for your continued support of Federal postsecondary initiatives
    that not only directly benefit our University but the region and the
    Nation as well. Thank you for your consideration.

        [This statement was submitted by President Larry Robinson, Ph.D.]
                                     ______

                 Prepared Statement of Futures Without Violence

    June 22, 2022

    The Honorable Jeanne Shaheen,            The Honorable Jerry Moran,
      Chairwoman                               Ranking Member
    Subcommittee on Commerce, Justice,       Subcommittee on Commerce,
      Science, and Related Agencies           Justice,
    Committee on Appropriations                Science, and Related Agencies
    United States Senate                     Committee on Appropriations
    Washington, D.C. 20510                   United States Senate
                                             Washington, D.C. 20510

    Dear Chairwoman Shaheen and Ranking Member Moran:

        For more than 35 years, Futures Without Violence (FUTURES) has been
    providing groundbreaking programs, policies, and campaigns that empower
    individuals and organizations working to end violence against women and
    children around the world. Striving to reach new audiences and
    transform social norms, we train professionals such as doctors, nurses,
    judges, and athletic coaches on improving responses to violence and
    abuse. We also work with advocates, policymakers, and others to build
    sustainable community leadership and educate people everywhere about
    the importance of respect and healthy relationships.

            -- To create a future without violence, we support $2 million
            for VAWA's the National Resource Center on Workplace Responses
            (Workplaces Respond) in fiscal year 2022. This authorized
            program is currently funded at $1 million.

        Futures Without Violence is a member of the National Campaign for
    Funding to End Domestic and Sexual Violence, an alliance of over 30
    national organizations that support full funding for gender-based
    violence programs. Workplaces Respond is also supported by this
    coalition. On behalf of FUTURES, please allow us to provide some
    background on the Workplace Resource Center and the need for an
    increase to $2 million for this national program that supports economic
    security and safety for gender-based violence survivors.
        Authorized by the Violence Against Women Act (VAWA) and funded
    through the U.S. Department of Justice's Office on Violence Against
    Women (OVW), the National Resource Center on Workplace Responses is the
    only national program focused on fostering survivors' economic security
    by promoting their safety and well-being on the job, and helping
    employers address how gender-based violence affects the workplace
    overall.
        Economic security is a critical protective factor for survivors, so
    they have the resources necessary to seek safety, independence, and
    long-term stability for themselves and their children. The pandemic's
    disproportionate impact on women--especially women of color -has
    further eroded survivors' ability to achieve economic self-sufficiency.
    Women in the U.S. lost 5.5 million jobs in the first 10 months of the
    pandemic, nearly 1 million more job losses than men;

      --60 percent of survivors reported job loss due to impacts of abuse;
            and
      --Survivors are 5-6 times more likely to drop out of job training
            programs due to the impacts of abuse and lingering effects of
            trauma.

        While we are entering the recovery stage of COVID, the fundamental
    need to support survivors, particularly women of color, remains, and
    the Workplace Resource Center has the effective results to meet this
    need. Since it was created, the Resource Center has conducted
    approximately 200 trainings and assisted nearly 20,000 people and
    countless workplaces. Workplaces Respond has helped ensure victim and
    workplace safety and productivity through:

      --online-based resources;
      --specialized education, training, and technical assistance for
            private and public workplaces, and other workplace
            stakeholders;
      --awareness raising and outreach; and
      --policies and practices to prevent and respond to violence impacting
            workers and the workplace.

        In the past few years, since the start of the #MeToo movement and
    being inundated with requests, the Workplace Resource Center invested
    in creating a new online resource hub that provides guidance for
    employers, sample training curricula, and tools and strategies for
    impacted employees. This was completed as funding remained level at $1
    million.
        For fiscal year 2022, we are requesting an increase in funding this
    year to $2 million through this VAWA program to carry out expanded and
    timely areas of work:

      --Trauma-Responsiveness: In response to the devastating impact the
            COVID-19 pandemic has had on women's employment, the Workplace
            Resource Center seeks to engage employers through collaboration
            and capacity building to help reconnect survivors to
            employment. Building on strategies and tools our staff
            developed for trafficking victim service providers and local
            workforce development programs through a grant from DOJ's
            Office for Victims of Crime, we propose a new, but
            complementary initiative to ensure that survivors of domestic
            violence, dating violence, sexual violence, and stalking are
            better able to access job and skill-building programs, secure
            employment, and work within safe and trauma-responsive
            workplaces. This collaborative model was developed through 11
            local victim service and employer collaborations across 10
            cities and States.
      --Industry-specific Pilots: In the past, the Workplace Resource
            Center has worked with local and regional-level hospitals, farm
            workers, and restaurants to support industry-specific best
            practices. We have started similar work with the fast food
            industry this past year, and an increase in funding could
            support a more robust demand for technical assistance and
            training to develop replicable practices.
      --Scale and Spread Strategy: In order to replicate the model of
            employer engagement and foster local collaborations between
            victim services providers and employers, the Workplace Resource
            Center is in the process of instituting a Workplaces Respond
            Institute, which will bring representatives from 14 different
            localities to be trained on how to create a localized
            prevention and education model for employers, engage workplaces
            in better responding to violence impacting workers and the
            workplace, and support survivors in achieving economic
            stability.
      --Federal employees: The public sector, which represents over 15
            percent of the U.S. workforce, has always been under the
            Workplace Resource Center's umbrella. Recently, there is
            increasing interest from Federal agencies and OPM to re-engage
            in this work using the existing Presidential Memorandum--
            Establishing Policies for Addressing Domestic Violence in the
            Federal Workforce; increased appropriations would support this
            work.

        For additional information, please contact Linda Seabrook, General
    Counsel and Director of Workplace Safety & Equity,
    lseabrook@futureswithoutviolence.org,, Kiersten Stewart, Director of
    Public Policy and Advocacy, at kstewart@futureswithoutviolence.org, or
    Sally Schaeffer, consultant, at sally@uncorkedadvocates.com.

        [This statement was submitted by Esta Soler, President.]
                                     ______

            Prepared Statement of the Geological Society of America
        national science foundation and national aeronautics and space
                                 administration
        The Geological Society of America (GSA) supports strong and growing
    investments in geoscience research and education at the National
    Science Foundation (NSF) and National Aeronautics and Space
    Administration (NASA). We encourage Congress to appropriate $10 billion
    for NSF in fiscal year 2022 and increases to NASA's Science Mission
    Directorate and its Earth Science and Planetary Science Divisions.
    Investment in NSF and NASA is necessary to secure America's future
    economic leadership, both through the discoveries made and the talent
    developed through their programs. For the United States to remain a
    global leader, the Nation must provide greater investment in its
    people, particularly women and individuals from other groups
    traditionally underrepresented in STEM fields. Earth and space science
    at these two agencies play a vital role in American prosperity and
    security by playing an integral role in understanding and documenting
    mineral and energy resources that underpin economic growth; researching
    and monitoring potential natural hazards that threaten U.S. and
    international security; and determining and assessing water quality and
    availability.

        The Geological Society of America (GSA) is a scientific society
    with members from academia, government, and industry in more than 100
    countries. Through its meetings, publications, and programs, GSA
    enhances the professional growth of its members and promotes the
    geosciences in the service of humankind. GSA encourages cooperative
    research among earth, life, planetary, and social scientists, fosters
    public dialogue on geoscience issues, and supports all levels of earth
    science education.
                          national science foundation
        The Geological Society of America (GSA) appreciates the increase to
    the National Science Foundation (NSF) budget in fiscal year 2021 and
    thanks the Committee for recognizing the important role that the agency
    plays in our country's global competitiveness. We urge Congress to
    provide NSF at least $10 billion in fiscal year 2022.
        Sustained increases beyond inflation are necessary to regain
    America's science and technology leadership and to enable the
    discoveries that lead to future innovations and industries. Data from
    the Merit Review Process Fiscal Year 2019 Digest show that NSF receives
    many more high-quality proposals than it can fund. In fiscal year 2019,
    NSF was only able to fund 27 percent of the proposals received. The
    report noted, ``Approximately $2.8 billion was requested for declined
    proposals that were rated Very Good or higher in the merit review
    process--proposals that, if funded, may have produced substantial
    research and education benefits.'' The report States that National
    Science Board members ``believe that the long-term health of the
    research community and promised benefits to the Nation demand a funding
    rate closer to the historical average of 30 percent or more.''
    Increases in funding will allow NSF to continue to support its core
    basic research in addition to growing investments in its Ten Big Ideas
    and other transformational research. These big ideas are designed to
    position the U.S. on the cutting edge of global science and engineering
    leadership and will build upon and complement the basic research
    occurring in the directorates.
        Geoscience research is a critical component of the overall science
    and technology enterprise and a key contributor to groundbreaking
    research across disciplines at NSF. NSF's Directorate for Geosciences
    is the largest Federal supporter of basic geoscience research at
    universities. Increased investments in NSF's geoscience portfolio are
    necessary to address such issues as natural hazards, energy and
    minerals, water resources, education, and needed research funding due
    to the coronavirus pandemic.

      --There is a vital need to understand the abundance and distribution
            of critical mineral resources, as well as the geologic
            processes that form them, as articulated in the Energy Policy
            Act of 2020. NSF's Division of Earth Sciences supports research
            on the structure, composition, and evolution of the Earth and
            the processes that govern the formation and behavior of the
            Earth's materials. This research contributes to a better
            understanding of the natural distribution of mineral and energy
            resources.
      --The quality and quantity of surface water and groundwater have a
            direct impact on the wellbeing of societies and ecosystems, as
            evidenced by flooding and drought impacts experienced across
            the U.S. during the past year. NSF's research addresses major
            gaps in our understanding of water availability, quality, and
            dynamics, including the impact of both a changing climate and
            human activity on the water system.
      --The Division of Atmospheric and Geospace Sciences provides critical
            infrastructure and research funding for understanding our
            planet, including weather and precipitation variability and
            atmospheric and space weather hazards. NSF is a key partner in
            obtaining data necessary to predict severe space weather
            events, which affect the electric power grid, satellite
            communications, and navigation systems. The Promoting Research
            and Observations of Space Weather to Improve the Forecasting of
            Tomorrow Act (PROSWIFT Act), which was signed into law in
            October of 2020, highlights how NSF contributes to
            understanding these research questions.
      --Understanding the oceans is key to a sustainable future. The
            National Research Council report Sea Change: 2015-2025 Decadal
            Survey of Ocean Sciences highlights areas of research that are
            need to make informed decisions, including: How can risk be
            better characterized and the ability to forecast geohazards
            like megaearthquakes, tsunamis, undersea landslides, and
            volcanic eruptions be improved? What are the rates, mechanisms,
            impacts, and geographic variability of sea level change? How
            different will marine food webs be at mid-century? In the next
            100 years? Additional support for NSF would allow researchers
            to find answers to these essential questions.
      --Natural hazards are a major cause of fatalities and economic
            losses. NOAA found in 2020 alone, there were 13 severe storms,
            seven tropical cyclones, one drought, and one wildfire that
            resulted in a cost of $95 billion and 262 deaths. An improved
            scientific understanding of hazards will reduce future losses
            by informing effective planning and mitigation. We urge
            Congress to support NSF investments in fundamental Earth
            science research and facilities that underpin innovations in
            natural hazards monitoring and warning systems. For example,
            the Coastlines and People (CoPe) initiative aims to understand
            the impacts of coastal environmental variability and natural
            hazards on populated coastal regions.
                 national aeronautics and space administration
        GSA requests increases to NASA's Science Mission Directorate (SMD)
    and its Earth Science and Planetary Science Divisions. Increased
    funding will be critical to implement the recommendations of the recent
    National Academy of Sciences' Earth Science and Applications from Space
    (ESAS) Decadal Survey report. The report notes,
        ``Earth science and applications are a key part of the Nation's
    information infrastructure, warranting a U.S. program of Earth
    observations from space that is robust, resilient, and appropriately
    balanced.''
        The data and observations from Earth observing missions and
    research are a tremendously important resource for natural resource
    exploration and land use planning, as well as assessing water
    resources, natural disaster impacts, and global agriculture production.
    GSA supports interagency efforts to ensure the future viability of
    Landsat satellites as well as funding to increase the capabilities and
    uses of multi-spacecraft constellations of small scientific satellites.
        We appreciate congressional support in fiscal year 2021 for Earth
    Science Missions, and request that Congress continue their funding in
    fiscal year 2022. These missions will advance science frontiers and
    provide critical data for society. For example, NASA's Plankton,
    Aerosol, Cloud, ocean Ecosystem (PACE) mission will help monitor the
    duration and impact of harmful algae blooms and The Climate Absolute
    Radiance and Refractivity Observatory (CLARREO) Pathfinder will enable
    industry and military decision-makers to more accurately assess natural
    hazards, such as flooding.
        By looking at our planet as an integrated system, NASA's Earth and
    climate science efforts are among the Nation's most effective tools to
    understand and tackle climate change. Planetary research is directly
    linked to Earth science research and cuts in either program will hinder
    the other. To support missions to better understand the workings of the
    entire solar system, planetary scientists engage in both terrestrial
    field studies and Earth observation to examine geologic features and
    processes that are common on other planets, such as impact structures,
    volcanic constructs, tectonic structures, and glacial and fluvial
    deposits and landforms. In addition, geochemical planetary research
    studies include investigations of extraterrestrial materials now on
    Earth, including lunar samples, meteorites, cosmic dust particles, and,
    most recently, particles returned from comets and asteroids. We
    appreciate past congressional support for this area and urge you to
    continue to increase this important area to support priority areas
    identified in the Planetary Science Decadal Survey.
                  support needed to educate future innovators
        Earth scientists will be essential to meeting the environmental and
    resource challenges of the twenty-first century, but a shortage is
    expected in the future workforce. The Status of the Geoscience
    Workforce Report 2018 found an expected deficit of approximately
    118,000 geoscientists by 2026. It also highlighted the diversity of
    careers supported by geoscience research. For example, the report found
    that the majority of master's degree graduates found jobs in the oil
    and gas industry and government, while environmental services, such as
    environmental consulting and remediation of water and soil, hired the
    highest percentage of geoscience bachelor's degree graduates. Other
    industries hiring geoscientists include manufacturing, trade,
    construction, information technology services, mining, and agriculture.
    Increased NSF and NASA investments in Earth science education are
    necessary to meet these workforce needs and develop an informed,
    science-literate population.
        For the United States to remain a global leader, the Nation must
    provide greater investment in its people, including women and
    individuals from other groups traditionally underrepresented in STEM
    fields. NSF's Education and Human Resources Directorate researches and
    improves the way we teach science and provides research and fellowship
    opportunities for students to encourage them to continue in the
    sciences. Similarly, NASA's educational programs, led by NASA's Office
    of STEM Engagement and directorates, have inspired and led many into
    science careers. GSA fully supports these efforts, as well as
    additional programs to make the geoscience workforce more diverse, such
    as NSF INCLUDES--Inclusion across the Nation of Communities of Learners
    of Underrepresented Discoverers in Engineering and Science.
        Please contact GSA Director for Geoscience Policy Kasey White to
    learn more about the Geological Society of America--including GSA
    Position Statements on water resources, planetary research, energy and
    mineral resources, natural hazards, climate change, and public
    investment in Earth science research.

        [This statement was submitted by Kasey White, Director for
    Geoscience Policy.]
                                     ______

         Prepared Statement of the Human Factors and Ergonomics Society
          fiscal year 2022 funding for the national science foundation
        On behalf of the Human Factors and Ergonomics Society (HFES), we
    are pleased to provide this written testimony to House Appropriations
    subcommittee on Commerce, Justice, and Science, and Related Agencies
    for the official record. HFES urges the subcommittee to provide at
    least $10 billion for the National Science Foundation (NSF) in the
    fiscal year 2022 appropriations process. In addition, HFES supports
    efforts by NSF to broaden participation in science for underrepresented
    groups to ensure a diverse, equitable, and inclusive workforce and
    research enterprise, such as the INCLUDES and ADVANCE initiatives.
    These efforts are critical to not only fixing inequities in the U.S.
    research enterprise but also to ensuring that the U.S. has the robust,
    21st Century workforce needed to maintain its competitive edge in
    technological innovation.
        HFES is a multidisciplinary professional association with over
    3,000 individual members worldwide, comprised of scientists and
    practitioners, all with a common interest in enhancing the performance,
    effectiveness, and safety of systems with which humans interact through
    the design of those systems' user interfaces to optimally fit humans'
    physical and cognitive capabilities. The Society and its members
    strongly believe that investment in scientific research serves as an
    important driver for innovation and the economy, national security, and
    maintaining American global competitiveness. Funding for fundamental
    research at NSF to address national and societal needs will be critical
    as Congress looks at legislation to ensure the U.S. remains the global
    leader in advancing science and technology. We thank the subcommittee
    for its longtime recognition of the value of scientific and engineering
    research and its contribution to innovation in the U.S.
        human factors and ergonomics at the national science foundation
        HFES and its members strongly believe that Federal investment in
    NSF will have a direct and positive impact on the U.S. economy,
    national security, and the health and well-being of Americans. It is
    for these reasons that HFES supports robust funding for the Foundation
    to encourage further advancements in the fields of technology,
    education, defense, and healthcare, among others. In the past, NSF
    funding for HF/E basic research has strengthened interdisciplinary
    partnerships allowing for a multilateral approach to technology
    research and development, including the human and user perspectives.
    The benefits of this research are not confined to one field but rather
    span across a range of disciplines to increase understanding of the way
    humans interact with technology, as well as with each other.

        In particular, NSF funds HF/E research to:

      --Better understand and improve the effectiveness of how individuals,
            groups, organizations, and society make decisions.\1\
    ---------------------------------------------------------------------------
        \1\ Decision, Risk & Management Sciences (DRMS) Program (http://
    www.nsf.gov/funding/pgm_
    summ.jsp?pims_id=5423)
    ---------------------------------------------------------------------------
      --Improve understanding of the relationship between science and
            engineering, technology, and society, in order to advance the
            adoption and use of technology.\2\
    ---------------------------------------------------------------------------
        \2\ Science and Technology Studies (STS) Program (https://
    www.nsf.gov/funding/pgm_
    summ.jsp?pims_id=505697)
    ---------------------------------------------------------------------------
      --Gain a better understanding of how humans and computers interact to
            ensure the development of new devices or environments that
            empower the user.\3\
    ---------------------------------------------------------------------------
        \3\ Human Centered Computing (HCC) Program (https://www.nsf.gov/
    funding/pgm_
    summ.jsp?pims_id=504958)
    ---------------------------------------------------------------------------
      --Inform decision making in engineering design, control, and
            optimization to improve individual engineering components and
            entire systems.\4\
    ---------------------------------------------------------------------------
        \4\ Operation and Design Cluster (http://www.nsf.gov/funding/
    pgm_summ.jsp?pims_id=13473)

        HF/E research will be especially critical as Congress and the
    Federal Government work to develop, adopt, and broadly integrate
    emerging technologies such as artificial intelligence (AI). HFES
    recognizes that most systems that rely on AI will not operate
    independently but will be initially programmed and trained by humans to
    augment, collaborate, or perform specific tasks.
        The HF/E profession has conducted detailed research on impacts of
    AI on human performance, and HFES believes AI must be designed to
    successfully support human capabilities and overcome known human
    cognitive limitations, so that humans can understand the actions and
    intentions of AI. More research is needed to understand how systems can
    be designed to overcome AI biases, provide transparency and
    explainability for human use, and provide clear interfaces for human-AI
    interactions. Interdisciplinary research programs at NSF to address
    these challenges, such as its Fairness in Artificial Intelligence
    program \5\ and the AI Research Institutes,\6\ will be critical to
    ensuring the U.S. achieves the promised benefits AI can bring to
    society.
    ---------------------------------------------------------------------------
        \5\ NSF Program on Fairness in Artificial Intelligence in
    Collaboration with Amazon (FAI) (https://www.nsf.gov/funding/
    pgm_summ.jsp?pims_id=505651)
        \6\ Artificial Intelligence Research Institutes (https://
    www.nsf.gov/funding/pgm_summ.jsp?
    pims_id=505686)
    ---------------------------------------------------------------------------
               the value of human factors and ergonomics science
        For over 50 years, the U.S. Federal Government has funded
    scientists and engineers to explore and better understand the
    relationship between humans, technology, and the environment.
    Originally stemming from urgent needs to improve the performance of
    humans using complex systems such as aircraft during World War II, the
    field of human factors and ergonomics (HF/E) works to develop safe,
    effective, and practical human use of technology. HF/E does this by
    developing scientific approaches for understanding this complex
    interface, also known as ``human-systems integration.'' Today, HF/E is
    applied to fields as diverse as transportation, architecture,
    environmental design, consumer products, electronics and computers,
    energy systems, medical devices, manufacturing, office automation,
    organizational design and management, aging, farming, health, sports
    and recreation, oil field operations, mining, forensics, and education.
        With increasing reliance by Federal agencies and the private sector
    on technology-aided decision-making, HF/E is vital to effectively
    achieving our National objectives. While a large proportion of HF/E
    research exists at the intersection of science and practice--that is,
    HF/E is often viewed more at the ``applied'' end of the science
    continuum--the field also contributes to advancing ``fundamental''
    scientific understanding of the interface between human decision-
    making, engineering, design, technology, and the world around us
    through research funded by NSF. The reach of HF/E is profound, touching
    nearly all aspects of human life from the health care sector to the
    ways we travel, to the hand-held devices we use every day.
                                   conclusion
        Given NSF's critical role in supporting fundamental research and
    education across science and engineering disciplines, HFES supports an
    overall fiscal year 2022 NSF budget of at least $10 billion. This
    investment funds important research studies, enabling an evidence-base,
    methodology, and measurements for improving organizational function,
    performance, and design across sectors and disciplines.
        On behalf of HFES, we would like to thank you for the opportunity
    to provide this testimony. Please do not hesitate to contact us should
    you have any questions about HFES or HF/E research. HFES truly
    appreciates the subcommittee's long history of support for scientific
    research and innovation.

        [This statement was submitted by Peter Hancock, DSc, PhD,
    President, and Steven C. Kemp, CAE, Executive Director.]
                                     ______

              Prepared Statement of the Jamestown S'Klallam Tribe
                      departments of justice and commerce
        On behalf of the Jamestown S'Klallam Tribe, I am pleased to submit
    this written testimony on our funding priorities and requests for the
    Fiscal Year 2022 for the Department of Commerce and the Department of
    Justice budgets. Our budget request endorses the requests and
    recommendations of our international, regional, and national partners,
    the Pacific Salmon Commission, the Northwest Indian Fisheries
    Commission, Affiliated Tribes of Northwest Indians, and the National
    Congress of American Indians.
        The moral compass of our Nation is expressed annually when Congress
    exercises its authority to appropriate funding to support certain
    programs and services. The Constitution, Treaties, Executive Orders,
    and numerous court decisions established the legal and moral foundation
    for prioritizing funding for American Indians and Alaska Natives (AI/
    AN). Yet, as documented by two Reports that were issued by the U.S.
    Civil Rights Commission, a quiet crisis of unfulfilled Federal
    obligations has persisted for decades across Indian Country and has
    left our Tribal citizens and communities vulnerable to the current
    public health crisis and economic devastation. The COVID-19 pandemic's
    disproportionate impact on AI/AN resulted in the highest rates of
    infection, hospitalizations, and deaths compared to any other racial
    and ethnic group in the U.S. And these harrowing statistics are likely
    much worse given the lack of accurate, reliable, quality data on AI/AN.
        The Biden Administration has committed to respect Tribal
    sovereignty, as well as, uphold the trust responsibility, strengthen
    the Nation-to-Nation relationship, and empower Tribal communities
    through Self-Governance and Self-Determination to make their own
    decisions and govern their own communities. We urge Congress to follow
    suit and pass a Federal budget for AI/AN that is reflective of the
    solemn promises made by the U.S. We have proven time and again that
    when you invest in Jamestown and empower our Tribe to exercise our
    inherent right of Self-Governance we become strong economic development
    drivers for our community and the surrounding region by growing our
    resource base and creating jobs. Tribes are a critical governmental
    partner in our Nation's quest to ``Build Back Better''.
    UPHOLD TRUST AND TREATY OBLIGATIONS
        1.  Provide Recurring Base Funding for Tribal Programs
        2.  Require All Agencies to Provide an Annual Estimate of the Costs
    to Fully Fund Tribal Programs & Improve Data Collection to Support
    Tribal Funding Requests
        3.  Provide Mandatory Funding for Tribal Programs and Services
    TRIBAL REQUESTS AND RECOMMENDATIONS--DEPARTMENT OF COMMERCE (Support
            the fiscal year 2022 request of the Pacific Salmon Commission)
        1.  Provide $110 million for the Pacific Coastal Salmon Recovery
    Fund (NOAA/NMFS)
        2.  Provide $18.3 million for the Pacific Salmon Treaty, including
    the additional $5.5 million for the 2008 Chinook Salmon Agreement
    (NOAA/NMFS)
        3.  Provide $25.9 million for the Mitchell Act Hatchery Program
    (NOAA/NMFS)
    NATIONAL REQUESTS AND RECOMMENDATIONS--DEPARTMENT OF JUSTICE
        1.  Fully Fund the Tribal Law and Order Act (TLOA)
        2.  Fully Fund Violence Against Women Act (VAWA)
        3.  Office of Justice Programs (OJP)--Create a Ten Percent (10
    percent) Tribal Set-Aside for Tribes
        4.  Victims of Crime Act Funding--Provide a five percent (5
    percent) set aside
        5.  Fund COPS Program--$52 million
    UPHOLD TRUST & TREATY OBLIGATIONS
                1. Provide Recurring Base Funding for Tribal Programs
        Stable base funding at sufficient levels is essential for viable
    and effective Tribal programs and services. Grant funding is highly
    competitive, short-term, the application process is complex, the
    administrative burden on Tribes is excessive and there are numerous
    restrictions imposed on how Tribes may use the funds. Simply put,
    competitive grants create barriers to effectively and efficiently
    provide programs and services in Tribal communities. Reducing
    Administrative inefficiencies would improve program effectiveness and
    increase the ability of Tribes to leverage the Federal dollar. Base
    funding coupled with more flexibility allows for more effective and
    efficient use of the Federal dollar and stronger Tribal governmental
    systems resulting in resilient and self-reliant Tribal citizens and
    communities.
                2. Require All Agencies to Provide an Annual Estimate of
                        the Costs to Fully Fund Tribal Programs & Improve
                        Data Collection to Support Tribal Funding Requests
        It is incumbent upon the agencies, as trustees, to work
    collectively with the Tribes to quantify the true unmet need/
    unfulfilled Federal obligation with credible metrics that will
    demonstrate an accurate community profile for each Tribe. We need
    economic statistics and data that establish and drive policy goals,
    ensure effective implementation of programs and services, measure
    funding impacts, prove effective and efficient use of funding, and to
    demonstrate program success. These data metrics, however, are not a
    ``justification'' of whether Tribes deserve funding. The Federal
    obligation does not dissipate if a Tribe performs poorly in any area.
    Rather, a heightened response by the government is required to identify
    the challenges that impede a Tribe's success and to build greater
    capacity at the local level, if necessary. At this point in time, there
    is not a system in place that captures the data needed. There is an
    absence of good data agency-wide with some agencies under the prior
    Administration having imposed a moratorium on the collection of needs-
    based data for Tribes. The Federal Government needs to be held
    accountable and directed to work in partnership with Tribes to collect
    data that quantifies the true unmet needs/unfulfilled Federal
    obligations in Indian country.
                3. Provide Mandatory Funding for Tribal Programs and
                        Services
        Trust and Treaty obligations are not discretionary; these are
    mandatory responsibilities and obligations. On an annual basis Tribes
    are required to ``justify'' their budgetary needs and prove to the
    Federal Government that the Federal investment in Tribal communities is
    a good investment. We have shown time and again that the Federal
    investment in Jamestown is a good investment but the narrative about
    funding needs to be re-written because it is mischaracterizing the
    Federal trust obligation. Tribes relinquished their lands and resources
    in exchange for funding and services from the Federal Government in
    perpetuity and that obligation has not changed with time. It is
    solidified in our Constitution, Treaties, Executive Orders, and
    countless legal opinions.
    DEPARTMENT OF COMMERCE TRIBAL REQUESTS AND RECOMMENDATIONS
                1. $110 million for the Pacific Coastal Salmon Recovery
                        Fund (NOAA/NMFS)
        The Pacific Coastal Salmon Recovery fund was established to reverse
    the decline of salmon and steelhead in the Pacific Northwest. Jamestown
    uses the funds to restore wild salmon populations and to protect and
    restore important habitat in the Puget Sound coastal plains. These
    funds also support our policy development and help to build the
    technical capacity of our Natural Resources staff charged with
    planning, implementation, and monitoring recovery activities.
                2. $43.5 million for the Pacific Salmon Treaty--The U.S.
                        Section estimates that this funding is needed to
                        implement national commitments created by the
                        Treaty (NOAA/NMFS)
        Since 1985, the Pacific Salmon Treaty, between Canada and the
    United States, has provided the framework for international
    collaboration and cooperation to conserve and manage Pacific Salmon.
    The Pacific Salmon Commission (PSC), Parties to the Treaty, works to
    establish fishery regimes, develop management recommendations, assess
    each country's performance and compliance with the Treaty, and is the
    forum for all entities to work towards reaching an agreement on mutual
    fisheries issues. In 2019, the Parties implemented a new 10-year
    agreement for these fisheries through 2028 and it is essential for the
    U.S. to uphold its commitment each year.
                3. $25.9 million for the Mitchell Act Hatchery Program
                        (NOAA/NMFS)
        Jamestown hatchery operations have elevated our success and
    generated a substantial return on our investment in our aquaculture
    business. The Tribe operates three hatcheries, two in Washington State
    and one in Hawaii that produce shellfish and sablefish seeds. The
    seedlings help to replenish fish and shellfish stocks that have been
    depleted due to loss of ecosystems and natural habitats. Tribes depend
    on hatcheries to support Treaty fishing rights, protect our culture and
    traditional ways of life, and to bolster our commercial fishery
    operations at home and trade abroad.
    NATIONAL REQUESTS AND RECOMMENDATIONS DEPARTMENT OF JUSTICE
                1. Fully Fund the Tribal Law and Order Act (TLOA)
        The Tribal Law and Order Act (TLOA) was an important step in
    empowering Tribes to better address the unique public safety challenges
    and reduce the prevalence of violent crime in Indian country. However,
    effective implementation of TLOA is contingent upon adequate Federal
    funding for law enforcement, courts, detention facilities and the
    provision of rehabilitative and preventative services. Full funding is
    needed to effectively and efficiently implement the comprehensive and
    improved measures that were enacted to address the public safety crisis
    in Tribal communities.
                2. Fully Fund Violence Against Women Act (VAWA) Including
                        $5 million for VAWA Special Domestic Violence
                        Criminal Jurisdiction
        The Office on Violence Against Women provides funding for Tribes to
    address violence against women in their communities. The incidence of
    domestic violence in Tribal communities is staggering and it is
    estimated that over 85 percent of AI/AN will be victims of intimate
    partner violence, stalking and/or sexual violence in their lifetime.
    Over 90 percent of these crimes are committed by non-Natives who were
    outside of the jurisdictional authority of the Tribes. In 2013,
    Congress afforded AI/AN judicial recourse by reaffirming the inherent
    sovereign authority of Tribes to exercise Special Domestic Violence
    Criminal Jurisdiction over Indians and Non-Indians who commit certain
    crimes in Indian country. Although Congress authorized $5 million for
    Tribes to exercise this new jurisdictional authority, in fiscal year
    2021 only $4.3 million was appropriated. Tribal justice systems need
    additional resources to fully implement this authority and we therefore
    urge Congress to appropriate $5 million.
                3. Office of Justice Programs (OJP)--Create a 10 percent
                        Tribal Set-Aside for all (OJP) Programs and Allow
                        for Greater Flexibility
        Jamestown is advocating for a 10 percent Tribal set-aside from all
    OJP discretionary programs to provide Tribes base funding and maximum
    flexibility including the ability to combine DOJ funding with other
    sources of funding and allow Tribes to develop comprehensive holistic
    strategies to address public safety and justice in their communities.
    Stable funding for Tribal public safety and justice is a prerequisite
    to ensure a safe, healthy, and thriving Tribal community.
                4. Provide a Five Percent (5 percent) Tribal Set-Aside for
                        Victims of Crime Act Funding
        The Victims of Crime Act funding is financed by fines and penalties
    imposed on convicted Federal offenders and is the largest source of
    Federal funding for crime victims. As of 2020, the fund balance was
    over $6 billion. Although the fund was established in 1984 and despite
    the staggering rates of violent crimes in Indian country, Tribes were
    not authorized as direct recipients of funding until recently. For the
    past 5 years, Congress has authorized and appropriated a portion of the
    fund directly to Tribal Nations. We urge Congress to continue to
    provide a 5 percent Tribal Set Aside on a recurring annual basis.
                5. Fund the COPS Program--$52 million
        The COPS Office provides funding to Tribes for law enforcement
    officers. Since the creation of the COPS program Tribes have hired more
    than 1700 law enforcement officers. COPS funding is also used for
    police training, equipment, vehicles, and technology. Although there is
    a great need for additional law enforcement officers throughout Indian
    Country, limited resources have hindered Tribe's ability to hire,
    retain, and train law enforcement officers. It is imperative for the
    safety of Tribal citizens, Indian communities, and surrounding
    neighboring communities that a significant increase in funding is
    allocated for Tribal law enforcement officers and programs.
        We thank you for the opportunity to provide this written testimony.

        [This statement was submitted by W. Ron Allen, Tribal Chairman/
    CEO.]
                                     ______

    Prepared Statement of the Joint Ocean Commission Initiative to the U.S.
    Senate Committee on Appropriations, Subcommittee on Commerce, Justice,
                         Science, and Related Agencies
                    noaa, nsf, and nasa for fiscal year 2022
        Chairman Shaheen, Ranking Member Moran, and other distinguished
    Members of the subcommittee on Commerce, Justice, Science, and Related
    Agencies, we thank you for the opportunity to submit written testimony
    regarding the Fiscal Year 2022 CJS appropriations bill.
        The agencies under your charge must respond to the domestic and
    global crisis in our oceans. We urge you to ensure that all have
    sufficient resources to take necessary action. You have an opportunity
    to reassert global leadership that will steer the planet, including the
    stewardship of our oceans, back to a just, sustainable, and more secure
    future. We greatly appreciate your continued investment in our oceans
    commensurate with the immense value they provide our maritime Nation.
        We are highly supportive of the Administration proposal for nearly
    $7 billion for NOAA, as well as significantly increased support for the
    National Science Foundation and NASA's Earth Science Division. These
    represent significant steps to restoring U.S. technical capabilities
    and science as preeminent in the world. In certain critical accounts we
    ask you to consider modest additions above the president's request to
    address potentially catastrophic ocean conditions such as acidification
    and ensure that ocean observations are adequate to respond to
    accelerating climate impacts.
        The Joint Ocean Commission Initiative (Joint Initiative) is a
    collaborative, bipartisan effort to catalyze action on meaningful ocean
    policy reform. We believe that protecting base funding and core
    programs at NOAA, NSF, and NASA is an investment that will save lives,
    protect national security, grow our economy, increase justice and
    equity, mitigate climate change, and preserve the health of our oceans,
    coasts, and communities. Ocean and coastal resources provide
    fundamental goods and services, including food, minerals,
    transportation, medicines, tourism, and recreational opportunities.
    They also provide livelihoods for millions of Americans, including
    historically underserved populations and those who are being most
    impacted by climate change. These coastal communities and economies
    have already been hit hard by the COVID-19 pandemic and need
    significant support to increase their resilience against future
    disasters.
        Ocean and coastal environments are often the first line of defense
    in promoting resilience and protecting American communities from severe
    weather events. The oceans are disproportionately impacted by
    increasing emissions from human activities, but also have immense
    potential to mitigate the climate crisis, for example, by taking action
    to advance offshore renewable energy and reduce maritime emissions.
    With a clear nexus of climate and oceans, a failure to take decisive
    action would severely impact the health and livelihoods of millions of
    Americans, with the largest impact on historically underserved
    communities. The U.S. needs to lead when it comes to supporting climate
    research, education, and adaptation, as well as in centering justice
    and equity principles. Robust support for key accounts at NOAA, NSF,
    and NASA is essential to reestablish U.S. leadership.
        The U.S. blue economy is paramount to ensuring an environmentally
    and economically sustainable future for our country. Contributing $373
    billion annually to the Nation's GDP and supporting 2.3 million jobs,
    the blue economy creates significant economic impact. As sea levels
    rise and marine species leave their historic grounds, we risk losing
    these integral drivers of our coastal economy. The oceans are vital to
    green economic recovery from COVID-19 as well as protection of
    marginalized coastal communities who are disproportionately affected by
    climate change.
        The Biden Administration's proposed topline budget makes
    significant strides toward re-establishing NOAA, NSF, and NASA Earth
    Sciences as premier science agencies that provide the underpinning to
    address the global climate crisis, while restoring and protecting the
    Nation's oceans. Based on the need for significant, sustained
    investment to invigorate public-private partnerships, address the
    significant ocean-climate nexus, and energize national, regional,
    State, and local initiatives, we strongly support increasing NOAA's
    overall budget to at least $6.9 billion as requested in the President's
    budget. We also urge the Committee to consider strategic investments
    above this level in critical accounts such as ocean acidification,
    managing fish stocks, and empowering oceans and coasts to mitigate
    climate impacts. Likewise, we support increasing NSF's overall budget
    to a minimum of $10.2 billion, and NASA Earth Science's budget to a
    minimum of $2.3 billion. We believe the recommendations in this
    testimony represent a modest investment relative to the threats and
    opportunities facing oceans and coastal communities, as the benefits
    they confer significantly outweigh the costs.
                     research, exploration, and observation
        A critical component of America's economic, military, and
    diplomatic power lies in its ocean research, education, exploration,
    and observation enterprises. Especially given the pace of observed
    changes in climate and ocean chemistry, we strongly urge the
    subcommittee to protect vital ocean science and research capabilities.
    To make the best, proactive management decisions possible, it is
    necessary that we first explore, map, observe, and understand our
    ocean.
        Observation and monitoring programs are integral to NOAA's ability
    to accurately forecast weather, for NOAA's protection and management of
    America's ocean resources, and for the U.S. military's navigation and
    extreme weather preparedness. We ask that your committee continue to
    support enhanced capabilities for observation and monitoring by
    allocating $762 million to NOAA's Office of Oceanic and Atmospheric
    Research (OAR) and $66.7 million to NOAA's Sustained Ocean Observations
    and Monitoring Program. We also suggest the committee allocate $60
    million for the Ocean Exploration program to maintain the pace, scope,
    and efficiency of exploration.
        It is also critical to fund climate research at OAR at no less than
    $293.7 million to promote high-priority climate science that advances
    our understanding of Earth's climate system. The oceans are vital to
    mitigating against and adapting to climate change; through this
    research we can understand and implement ocean-based risk management
    and adaptation opportunities.
        In addition, we recommend allocating $10.2 billion for the NSF.
    NSF's investment in the geosciences--which includes ocean sciences--has
    spurred innovations, addressed salient national and global challenges,
    galvanized new economic sectors, generated countless jobs, and led to
    the development and implementation of advanced technologies. Finally,
    we recommend funding NASA's Earth Science Division at $2.3 billion,
    consistent with the President's request, to improve national
    capabilities to predict climate, weather, and natural hazards, and
    better manage resources.
                            education and extension
        The National Sea Grant College Program works to better research,
    understand, conserve, and utilize America's coastal resources, making
    it critical to coastal States, communities, and economies. For example,
    Sea Grant programs support fisheries and aquaculture business
    development and help Americans plan for and respond to extreme weather
    events. Sea Grant programs engage the ocean workforce of the future and
    further equity through increasing access to ocean programs for
    underserved communities. Given Sea Grant's critical importance, we urge
    this committee to allocate $115.6 million to Sea Grant in fiscal year
    2022, including $15 million for Sea Grant Marine Aquaculture.
        NOAA's environmental education and ocean stewardship programs
    increase essential access to STEM education and cultivate environmental
    stewardship. We request that the committee provide $16.5 million for
    Bay-Watershed Education and Training (B-WET) programs and $8.8 million
    for Environmental Literacy Programs (ELP). These vital programs in
    increase equity through inspiring and educating future ocean leaders
    who represent all Americans.
                            resilience and security
        Sufficient funding must be dedicated to strengthening the
    resiliency of coastal communities and ocean ecosystems to combat
    dramatic, climate driven changes in our oceans. We ask this
    subcommittee to continue leading on ocean and coastal security by
    allocating $113 million for the National Ocean and Coastal Security
    Fund (NOCSF) in fiscal year 2022. We further recommend that at least
    $4.5 million be allocated for regional data portals used to support
    critical ocean partnerships that encourage collaboration and data
    sharing on the regional scale. In addition, we recommend a total
    allocation of $108.5 million to Coastal Management Grants and a minimum
    allocation of $42.5 million for the National Estuarine Research Reserve
    System in fiscal year 2022. These programs support vital Federal/State
    partnerships to help protect our coasts and preserve millions of acres
    of coastal habitat, buffering against rising seas and storm events.
        NOAA's National Ocean Service (NOS) is also critical for sustained
    resilience and security. We strongly recommend that NOS receive an
    allocation of $884 million. NOS funding supports programs that ensure
    safe and efficient transportation and commerce; preparedness and risk
    reduction; and stewardship, recreation, and tourism. These programs
    protect our communities and safeguard our economic livelihoods. For
    example, NOAA's Office for Coastal Management delivers technical
    assistance communities need to address storm preparedness, erosion,
    development, habitat loss, sea level rise, and threats to water
    quality. These programs further equity by protecting the historically
    undeserved communities who are the most affected by these coastal
    changes. Moreover, the National Centers for Coastal Ocean Science
    provides coastal managers with scientific information to protect public
    health, preserve valued habitats, and foster sustainable community
    interaction with coastal ecosystems. The value of public health has
    never been clearer than in the last year; we must increase our
    protection of community health through these programs. NOS also
    supports the Integrated Ocean Observing System (IOOS), which collects
    and distributes data that is used at the National, regional, State, and
    local levels. We recommend IOOS be supported at a recommended $69.5
    million to meet the safety, economic and stewardship needs of the
    Nation.
        The NOS also administers the Office of National Marine Sanctuaries
    and key restoration projects that dramatically enhance the resilience
    of coastal communities and ocean environments. National Marine
    Sanctuaries require $84.5 million to protect and steward special marine
    spaces, especially in the face of climate change, and develop the next
    generation of ocean stewards. These investments pay serious economic
    dividends: Sanctuaries generate approximately $8 billion annually for
    local economies and NOAA's restoration projects create an average of 17
    jobs for every $1 million invested. Moreover, for each million invested
    in strengthening coastal communities against storm surge, these
    programs can mitigate six million dollars in losses while also
    protecting the livelihoods and wellbeing of coastal Americans. We ask
    the subcommittee to support the NOCSF and the NOS to bolster the
    Nation's economic and environmental resilience and security.
                              ocean acidification
        Ocean acidification is evident along every shoreline and is majorly
    impacting economies worldwide. By changing the chemistry of seawater,
    ocean acidification endangers shellfish, corals, and other marine life
    and disrupts marine food webs. Ocean acidification poses a fundamental
    risk to fisheries and aquaculture industries and to human health, as
    well as a potentially catastrophic risk to our economy. We strongly
    urge you to allocate a minimum of $57.2 million for NOAA's Integrated
    Ocean Acidification program to support critical research, monitoring,
    education, and outreach. It will help develop a better understanding of
    the causes, impacts, and scale of ocean acidification and identify
    interventions to help protect fisheries and aquaculture.
                      sustainable fisheries & aquaculture
        Fishing is a cornerstone of the ocean economy and an important
    aspect of American history and culture. Since 1976, we have seen
    tremendous progress toward creating and maintaining sustainable
    fisheries domestically and internationally, in part due to your
    subcommittee's commitment to scientifically-sound fishery management.
    Aquaculture is also a growing aspect of America's seafood Economy,
    which NOAA is increasingly investing in.
        However, America's seafood industry is currently being challenged
    by changing ocean conditions, shifts in historic stock distributions,
    increasingly complex data requirements, and market disruption from the
    COVID-19 pandemic. NOAA Fisheries requires elevated funding to address
    these challenges and ensure fisheries can recover from the pandemic's
    impacts and aquaculture can advance sustainably. Better science and
    real-time data inform management decisions and provide regional
    management councils with tools to assess the status of fish stocks. To
    protect America's fisheries and the jobs that rely on them, we support
    allocating $1.1 billion to the National Marine Fisheries Service to
    fully implement the Magnuson-Stevens Fishery Conservation and
    Management Act. In addition, we urge you to provide $206 million for
    fisheries data collections, with $6.8 million for surveys and stock
    assessments. We also urge you to support full implementation of the
    U.S. Seafood Import Monitoring Program to address IUU fishing and other
    initiatives to spread sustainable fisheries management globally.
    Further, we recommend funding the research and expansion of aquaculture
    to increase sustainable American seafood. These initiatives will not
    only increase sustainability but also create quality jobs for coastal
    Americans.
                               concluding remarks
        The Joint Initiative greatly appreciates your commitment to
    addressing the challenges of our maritime nation, and to the ocean-
    climate nexus, so critical to the future of our blue planet. We
    appreciate your consideration of our fiscal year 2022 request. We will
    continue to track progress on key ocean and coastal programs and
    accounts in fiscal year 2022 and beyond, and we stand ready to assist
    you in advancing positive and lasting changes in the way we manage our
    Nation's oceans and coasts.
           Joint Initiative Co-Chairs and Leadership Council Members
       The Honorable Christine Todd Whitman | The Honorable Norman Mineta
      Frances Beinecke | Don Boesch | The Honorable Norm Dicks | Quenton
                                     Dokken
                 Robert Gagosian | Sherri Goodman | Scott Gudes
      The Honorable Conrad Lautenbacher | Margaret Leinen | Julie Packard
      The Honorable Leon Panetta | John Pappalardo | The Honorable Pietro
                                   Parravano
        Randy Repass | Larry Robinson | Andrew Rosenberg | Paul Sandifer
                                     ______

     Prepared Statement of the Monterey Bay Aquarium, Monterey, California
        The Monterey Bay Aquarium is pleased to submit this statement in
    support of President Biden's $6.9 billion dollar budget for the
    National Oceanic and Atmospheric Administration (NOAA) within the
    Fiscal Year 2022 Commerce-Justice-Science Appropriations Act. The
    following testimony outlines several specific requests within NOAA for
    priority research, education and grant programs that are needed in
    California, the West Coast and nationwide, particularly as the Nation
    looks to recover from the devastation of the COVID-19 global pandemic.
        In a typical year, the Monterey Bay Aquarium welcomes over two
    million visitors, provides more than 91,000 students and 5,000 teachers
    with award-winning education programs at no cost, and provides valuable
    data, tools and approaches for conservation and science at local to
    global scales.
        The COVID-19 global pandemic dramatically impacted our institution,
    which has suffered the loss of approximately $70 million in revenue and
    40 percent of our staff over the 14 months during which we were fully
    closed to the public. Despite earning zero gate revenue, we continued
    to spend over $1 million every month on animal care and life-supporting
    core operations--including for endangered, threatened, and protected
    species care and stranding response and rehabilitation. In addition, we
    provided enhanced and free digital and livestreamed educational content
    for schools and the wider public. The Aquarium has taken extraordinary
    measures to ensure the health and safety of our animals, staff and the
    public during this challenging time, and we are hopeful that emergency
    grant funds appropriated in the past two COVID-19 bills will provide
    some economic relief. We are grateful to Congress and to the Committee
    for its role in COVID-19 relief and recovery.
        Monterey County has only recently achieved the public health
    metrics that allow us to reopen. We reopened May 15 to the public at 25
    percent capacity and are gradually increasing our guest capacity so
    that we may more fully return to our mission-to inspire conservation of
    the ocean.
        NOAA, the Nation's lead science agency for oceanic and atmospheric
    matters, provides important tools and services that are critical to
    support economic recovery during these challenging times. NOAA's
    research, environmental observations and predictions, marine
    conservation and management, as well as its education programs and
    services shape the way we live today and guide decision-making about
    the health of the coupled ocean and climate systems.
        The Aquarium strongly supports the President's budget request of
    $6.9 billion dollars for fiscal year 2022 and encourages the Committee
    to continue its balanced and strategic funding strategy for NOAA. These
    investments are needed to support American businesses and citizens as
    we recover from the COVID-19 crisis and build capacity for future
    resilience in the face of climate change. We urge you to support the
    following requests for fisheries, research, and education in fiscal
    year 2022 that are particularly important for California and West Coast
    communities.
        Pacific Bluefin Tuna.--Pacific bluefin tuna are a highly migratory
    species that are critical to California's economy and a key top
    predator in the ocean. Among the world's largest fish, these tunas are
    highly prized on the international seafood market. In 2014, researchers
    discovered that the population was depleted to 3.3 percent of its
    historic size. No other commercially harvested tuna in the world is so
    depleted. Annual fluctuations in availability of Pacific bluefin tuna
    impacts the ecosystem and stakeholders, including California's $2.8
    billion marine sportfishing industry and research institutions that
    have invested millions of dollars in recent decades to develop
    conservation strategies for this critical species.
        In the last few decades, Pacific bluefin tuna have been heavily
    impacted from fishing by nations in the Western Pacific Ocean, limiting
    the availability of fish that can migrate to the coast of California
    and Mexico. Pacific bluefin tuna are managed by two Regional Fisheries
    Management Organizations (RFMOs) that have allowed the population to
    decline to historically low levels. In 2017, the United States secured
    a historic international agreement to recover the population to
    sustainable levels by 2034--a major achievement. However, this hard-won
    recovery plan is at risk as other countries continue to propose
    policies that would slow population recovery and disadvantage U.S.
    stakeholders. A more precautionary approach is needed in the
    international negotiations to recover the species, including more
    stringent harvest control rules that ensure measurable interim progress
    in rebuilding to hold other countries accountable.
        In recent years, the RFMOs adopted Management Strategy Evaluation
    (MSE) as a tool to optimize science-based decisions, provide
    transparency and ensure stakeholder engagement in international
    fisheries management. In the fiscal year 2019 and fiscal year 2020 CJS
    appropriations reports, Congress urged NOAA to support Management
    Strategy Evaluation (MSE) for Pacific bluefin tuna but there has been
    little progress.
        It is critical for Congress to provide clear direction to NOAA
    given the precarious status of Pacific bluefin tuna and risks related
    to the upcoming international negotiations. Current international
    science and management processes do not follow standards set for U.S.
    stocks within our exclusive economic zone, particularly on
    sustainability, transparency and independent science. That must change.
    Congress must urge NOAA leadership to ensure NOAA Fisheries takes a
    strong position on the need for scientific integrity, independent
    science and management accountability in international fisheries. NOAA
    Fisheries must provide MSE capacity or similar science-based decision
    processes that can ensure accountability by all countries as well as
    meaningful stakeholder engagement. Importantly, NOAA Fisheries must
    adopt a strong negotiating position that includes more precautionary
    harvest control rules that will ensure measurable interim progress to
    recover the population. These steps are needed to enable robust
    science, transparency and accountability at the RFMOs that are strongly
    influenced by the interests of stakeholders in Japan and other
    countries.

        Corresponding Report Language Request:

              Pacific Bluefin Tuna.--The Committee is very concerned with
            the status of the iconic Pacific bluefin tuna, the world's most
            depleted species of commercially-caught tuna. The Committee
            directs NOAA leadership to work with the Office of Science and
            Technology Policy and other experts in the Administration, to
            ensure NOAA Fisheries takes a strong position on the need for
            scientific integrity, independent science and management
            accountability for internationally managed species. The
            Committee directs NOAA Fisheries to adopt a precautionary
            negotiating position with strict harvest control rules that
            ensure measurable interim progress in rebuilding Pacific
            bluefin tuna and holds all countries accountable to recover the
            population to sustainable levels no later than 2034. The
            Committee also requests that NOAA Fisheries provide capacity
            for Management Strategy Evaluation or similar processes to
            optimize science-based decisions, provide transparency and
            ensure an equitable balance of responsibility and benefits as
            the stock recovers. Further, the Committee directs NOAA
            Fisheries to provide resources to support engagement of the
            Pacific Fishery Management Council and U.S. stakeholders in the
            formulation of strong U.S. positions throughout the
            international negotiations.

        Pacific Ocean Pelagic & Highly Migratory Fisheries Research.--
    Pelagic and highly migratory species (HMS) in the Pacific Ocean support
    thousands of jobs and generate hundreds of millions in revenue related
    to commercial and recreational fishing, as well as related seafood
    industries. These species include valuable tunas (albacore, skipjack,
    bigeye, bluefin), swordfish, marlin, and pelagic sharks that drive
    significant economic activity along the West Coast, Hawaii and the U.S.
    territories. However, Federal funding opportunities for non-Federal
    scientists in pelagic and HMS research programs in the Pacific have
    declined considerably since the Pacific Fisheries Research Program
    (PFRP) ended in 2013. This has resulted in significantly fewer public-
    private research collaborations with NOAA and a lack of independent
    science to address priority management questions that directly impact
    U.S. stakeholders and the health of the Pacific Ocean ecosystem.
    Atlantic pelagic and HMS fisheries research has dedicated Federal
    programs for individual species, notably the Atlantic Bluefin Tuna
    Research Program, as well as a new HMS Research Program through Sea
    Grant. We urge the subcommittee to provide additional funding and
    report language to request that NOAA Fisheries establish a comparable
    multi-year research grant program for the Pacific regions. This new HMS
    research program will focus on priority projects to address key science
    gaps and management challenges through collaboration between NOAA,
    academia, independent scientists and other relevant institutions.

        Corresponding Report Language Request:

              Pacific Highly Migratory Species Research.--The Committee
            notes the ecological and economic importance of Pacific highly
            migratory species such as tunas, swordfish, marlin, and pelagic
            sharks. The Committee is concerned by the lack of parity
            between Atlantic and Pacific regions for independent research
            on highly migratory species that limits science-based
            management and impacts U.S. stakeholders. The Committee
            provides an additional $2.6 million dollars per year and
            directs NOAA Fisheries to establish a multi-year highly
            migratory species research grant program for the Pacific
            regions to address critical science gaps and management
            challenges in collaboration with academia, independent
            scientists and other relevant institutions.

        Ocean Science and Technology.--The Aquarium collaborates with the
    Monterey Bay Aquarium Research Institute (MBARI) on science and
    conservation issues of mutual interest. The success of our efforts to
    harness cutting edge research to address challenging ocean-related
    issues is dependent on a vibrant ocean science and technology
    enterprise. To continue to generate science-based solutions to restore
    our ocean, and support a robust U.S. role in global efforts, we urge
    the subcommittee to bolster funding for essential new science and
    technology. Through NOAA and the other relevant agencies, including NSF
    and NASA, we recommend the subcommittee provide support for research
    and technology development and ocean science. Specifically, we request
    funding to ensure we meet the goals set forth by the 2020 NOAA Research
    Council's science and technology focus area strategies and the National
    Strategy for Mapping, Exploring, and Characterizing the U.S. EEZ,
    particularly the need to use cutting edge technologies, such as
    robotics and environmental DNA, to map and characterize biodiversity,
    habitats like seamounts and deep corals, and sea floor hazards.
        Bycatch Reduction.--We recommend that the subcommittee include an
    increase of $2 million over fiscal year 2021 funding for bycatch
    reduction competitive grants to non-Federal researchers for the
    development and implementation of practical bycatch solutions that
    support sustainable U.S. fisheries. The program has not received an
    increase in funding over the past 3 years. We request that the
    subcommittee increase funding for NOAA's bycatch reporting and
    reduction programs to accelerate technology improvements and help U.S.
    fishermen achieve greater environmental sustainability while protecting
    living marine resources, particularly endangered, protected and
    threatened species.
        NOAA Education.--The Aquarium is committed to ensuring diversity
    among our staff and within the professional spheres of our field.
    NOAA's Jose E. Serrano Educational Partnership Program (EPP) with
    Minority Serving Institutions (MSI) provides STEM education and future
    workforce training, benefiting both the agency and other organizations
    by creating a pool of diverse candidates for the future workforce. Its
    over 20-year history has shown its effectiveness, but at this moment in
    time, the need is greater than ever. We are proud to work with the EPP
    centers and urge the subcommittee to provide additional funds for the
    EPP-MSI program to support expansion of the EPP network, particularly
    to build professional opportunities on the West Coast and build
    technical capacity within the next generation to address emerging
    challenges.
        John H. Prescott Marine Mammal Rescue Assistance Grant Program.--We
    urge the subcommittee to increase funding by providing $4 million over
    fiscal year 2021 levels for this important stranding and rescue
    program.

        Thank you for your consideration of these requests.

        [This statement was submitted by Ms. Margaret Spring, Chief
    Conservation & Science Officer.]
                                     ______

        Prepared Statement of the National American Indian Court Judges
                                  Association
                             department of justice
        On behalf of the National American Indian Court Judges Association
    (NAICJA), this testimony addresses important programs in the Department
    of Justice (DOJ). First, NAICJA joins the American Bar Association (see
    attached letter) in requesting substantially increased funding for
    Tribal courts in response to the $1.2 billion annual shortfall for
    Tribal courts as identified in the Bureau of Indian Affairs (BIA) 2020
    report to Congress, Report to the Congress on Spending, Staffing, and
    Estimated Funding Costs for Public Safety and Justice Programs in
    Indian Country, 2018.
        Secondly, NAICJA joins the National Congress of American Indians
    (NCAI) in requesting:

    ------------------------------------------------------------------------
                    Program                   NCAI Fiscal Year 2022 Request
    ------------------------------------------------------------------------
    DOJ: Tribal Grants: Eliminate            Use DOJ appropriations as base
     competitive grant funding process and    funding.
     utilize Justice Department
     appropriations as base funding so that
     Tribal nations determine their own
     priorities.
    ------------------------------------------------------------------------
    DOJ: Tribal Set-Aside from Office of     Create a 10 percent Tribal set-
     Justice Programs (OJP).                  aside for all discretionary
                                              OJP programs.
    ------------------------------------------------------------------------
    DOJ: Tribal Set-Aside from Crime         Create a 5 percent set-aside
     Victims Fund.                            for Tribal governments.
    ------------------------------------------------------------------------
    DOJ: Tribal Youth Program under the      $25,000,000
     Juvenile Accountability Block Grants
     program.
    ------------------------------------------------------------------------
    DOJ: Tribal Civil and Criminal Legal     $3,000,000
     Assistance (TCCLA) Grant.
    ------------------------------------------------------------------------
    DOJ: Community Oriented Policing         $52,000,000
     Services (COPS) Tribal Law Enforcement.
    ------------------------------------------------------------------------
    DOJ: OVW Tribal programs under the       Fully fund all VAWA-authorized
     Violence Against Women Act (VAWA).       programs including the Sexual
                                              Assault Clearinghouse and
                                              $5,000,000 for Tribal
                                              implementation of VAWA special
                                              domestic violence criminal
                                              jurisdiction.
    ------------------------------------------------------------------------

        NAICJA is a non-profit organization devoted to the support of
    American Indian and Alaska Native justice systems through education,
    information sharing, and advocacy. Its membership is primarily judges,
    justices, and peacemakers serving in Tribal justice systems. As a
    national representative organization, NAICJA's mission is to strengthen
    and enhance Tribal justice systems, including juvenile justice systems.
        The Federal Government's trust responsibility to Tribal nations is
    at the heart of NAICJA's recommendation to follow NCAI's fiscal year
    2022 Indian country budget request. Like all other governments, Tribal
    nations are responsible for the protection and care of their citizens,
    residents, and visitors on Tribal lands. Through treaties and other
    agreements, Tribal lands were ceded in exchange for the promise of
    protected self-governance and adequate resources from the United
    States. Those promises are the foundation of the government-to-
    government relationship that exists today.
        Part of the Federal trust responsibility to Indian Tribes includes
    basic governmental services in Indian Country, funding for which is
    appropriated in the discretionary portion of the Federal budget. Tribal
    governments protect and preserve their unique cultures, identities, and
    natural environments for future generations. As governments, Tribes
    must deliver a wide range of critical services, such as education,
    workforce development, youth programs, and first-responder and public
    safety services, to their citizens. The Federal budget for Tribal
    governmental services reflects the extent to which the United States
    honors its promises to Indian people--and to date, those promises have
    not been truly honored.
        Tribal justice systems historically have been under-funded and
    continue to be under-funded in most Tribal communities. In 1991, the
    United States Civil Rights Commission found that ``the failure of the
    United States Government to provide proper funding for the operation of
    Tribal judicial systems . . . has continued for more than 20 years.''
    \1\ In 2014, the Attorney General's Advisory Committee on American
    Indian and Alaska Native Children Exposed to Violence noted that
    Department of Justice (DOJ) funding for Tribal justice systems has been
    consistently decreasing in recent years.\2\ The Indian Law and Order
    Commission (ILOC) noted that in addition to funding shortfalls, DOJ's
    short-term, competitive funding approach is deficient because it
    reflects Federal priorities rather than Tribal ones, favors hired
    grant-writers, requires Tribes to compete against each other, and
    offers only 3-year programs that often leave Tribes with staff turnover
    and short-term programs.\3\
    ---------------------------------------------------------------------------
        \1\ United States Commission on Civil Rights, The Indian Civil
    Rights Act: A Report of the United States Commission on Civil Rights 71
    (June 1991).
        \2\ Attorney General's Advisory Committee on American Indian and
    Alaska Native Children Exposed to Violence, U.S. Dep't of Justice,
    Report of the Advisory Committee on American Indian and Alaska Native
    Children Exposed to Violence: Ending Violence So Children Can Thrive 53
    (November 2014).
        \3\ Indian Law and Order Commission, A Roadmap for Making Native
    America Safer: Report to the President & Congress of the United States
    83 (2013).
    ---------------------------------------------------------------------------
        Further, the Civil Rights Commission continued reporting on this
    topic with A Quiet Crisis: Federal Funding and Unmet Needs in Indian
    Country in 2003 and Broken Promises: Continuing Federal Funding
    Shortfall for Native Americans in 2018. Broken Promises found that
    ``Federal funding for Native American programs across the government
    remains grossly inadequate to meet the most basic needs the Federal
    Government is obligated to provide . . . Since 2003, funding for Native
    American programs has mostly remained flat, and in the few cases where
    there have been increases, they have barely kept up with inflation or
    have actually resulted in decreased spending power.'' \4\
    ---------------------------------------------------------------------------
        \4\ United States Commission on Civil Rights, Broken Promises:
    Continuing Federal Funding Shortfall for Native Americans, 4 (December
    2018).
    ---------------------------------------------------------------------------
        Finally, in 2020, the BIA submitted a report to Congress, Report to
    the Congress on Spending, Staffing, and Estimated Funding Costs for
    Public Safety and Justice Programs in Indian Country, 2018. The total
    annual estimated need for Tribal public safety and justice programs
    included $1.3 billion for Tribal law enforcement and $1.2 billion for
    Tribal courts. According to the same report, BIA funding only meets
    14.7 percent of estimated need. Leaving Tribes to fight for short-term
    funds via competitive grant processes, many administered by the DOJ.
        DOJ funding across programs affecting Indian country should be
    dramatically increased and the distribution mechanism modified. As
    nations, Tribes should not have to compete for short-term grants that
    reflect Federal priorities. Rather, funds should be allocated as
    flexible base funding.
        Create a 10 percent Tribal allocation across all Office of Justice
    Programs (OJP) programs.--A 10 percent OJP Tribal set-aside would
    simplify the Federal funding process by which Tribal nations receive
    resources to establish Tribal courts; assist in developing detention
    facilities; provide legal assistance; develop and maintain juvenile
    delinquency prevention programs; and provide substance abuse prevention
    programs. Further, the Tribal set-aside provides Tribes the flexibility
    to develop a comprehensive strategy on public safety and justice needs.
    It also would create new opportunities for coordinating BIA and DOJ
    funding to reduce inefficiencies and unnecessary administrative costs.
        Include Tribal governments in disbursements from the Crime Victims
    Fund.--The Crime Victims Fund (CVF) is the Federal Government's primary
    funding source for providing services to victims of crime. Unlike State
    and territorial governments, which receive an annual formula
    distribution from the CVF, Indian Tribes were only able to access CVF
    funds via pass-through grants at the discretion of the States or by
    competing for very limited resources administered by the DOJ. This
    system left a significant unmet need in most Tribal communities--
    communities where crime victimization rates far exceed the National
    average.
        For the past 4 years, Congress has directed a portion of the
    overall disbursements from the CVF to Tribal nations. The 5 percent
    Tribal set-aside included in the fiscal year 2021 appropriations bill
    will direct $100.75 million to support and improve crime victim
    services on Tribal lands. This funding greatly impacts crime victims'
    services infrastructure on Tribal lands, and it is imperative that it
    be appropriated on an annual basis to sustain the programs and services
    that will be developed. NAICJA urges the committee to keep
    disbursements from the CVF at the increased level and to direct an
    amount equal to 5 percent of overall CVF disbursements to Tribal
    governments on a non-competitive basis.
        If Congress declines to adopt the flexible 10 percent set-aside
    across OJP programs, restore fiscal year 2010 levels of $25 million in
    funding for the Tribal Youth Program (TYP) under the Juvenile
    Accountability Block Grants Program.--Native youth living in Indian
    country face numerous overlapping barriers to safety, wellness,
    academic achievement, and positive youth development. Barriers occur at
    the individual, family, community, and regional levels, resulting in
    disproportionate involvement with juvenile justice, child welfare, and
    other youth-serving systems. Today's Native youth continue to face the
    effects of collective intergenerational and historical traumas.
        TYP is the first OJJDP program dedicated to prevention,
    intervention, and juvenile justice system improvement in Native
    communities. The need for the program can be demonstrated by the
    application rates within the last 5 years. For the majority of those
    years, the DOJ Coordinated Tribal Assistance Solicitations, Purpose
    Area 9 (TYP) received some of the highest number of grant applicants
    and categorically received the least amount of funding. Further
    exacerbating the issue, TYP is currently funded at some of its lowest
    levels since its establishment in the 1990s. This is despite an
    increase in funding in fiscal year 2021, the first increase in 3 years.
    Due to this decreased funding, hundreds of Tribes across the United
    States are left grappling with how to ensure that their most cherished
    resource is provided equal opportunity as other youth in this country
    to heal, thrive, and realize their life potential. Funding for the TYP
    should, at minimum, be restored to its fiscal year 2010 level of $25
    million.
        Fund the Tribal Civil and Criminal Legal Assistance, Training and
    Technical Assistance (TCCLA) grant program at a level of $3 million.--
    The Indian Tribal Justice Technical and Legal Assistance Act of 2000
    (Public Law 106-559) authorized DOJ to award grants to non-profit
    entities, such as the 25 Indian Legal Services programs connected with
    the Legal Services Corporation (LSC), to provide civil and criminal
    legal assistance to both Tribal governments and their justice systems
    and to individual indigent Tribal citizens. Services impacted by this
    funding include domestic violence, pro se assistance, re-entry and
    expungements, child welfare, free legal clinics and toll-free hotlines,
    and much more.
        Increase funding of Tribal law enforcement programs under DOJ's
    Community Oriented Policing Services (COPS) Grants to $52 million.--
    Since its inception, the COPS Office has awarded more than 2,000 grants
    totaling over $400 million to Tribes to hire more than 1,700 new or
    redeployed law enforcement officers. It has helped Tribes obtain
    necessary law enforcement training, equipment, vehicles, and
    technology. The COPS Office has also become one of the primary
    resources available to Tribal law enforcement agencies attempting to
    develop and maintain policing infrastructure and upgrade outdated
    equipment. Yet, there is still substantial unmet need within Tribal
    justice systems for more COPS funding.
        Fully fund the programs authorized in the Violence Against Women
    Act (VAWA), including the funds authorized for the Sexual Assault
    Clearinghouse and Tribal implementation of VAWA special domestic
    violence criminal jurisdiction.--It is estimated over 85 percent of
    American Indian and Alaska Native women will experience violent
    victimization in their lifetimes.\5\ OVW provides funding to Tribal
    governments to address violence against women in their communities.
    OVW's largest source of funding for Tribal governments is the Grants to
    Tribal Governments Program, which is funded via statutory allocations
    from other OVW programs. Fully-funding these OVW programs results in
    full funding for the Grants to Tribal Governments Program and for the
    implementation of Special Domestic Violence Criminal Jurisdiction.
    ---------------------------------------------------------------------------
        \5\ U.S. Department of Justice, Violence Against American Indian
    and Alaska Native Women and Men: 2010 Findings from the National
    Intimate Partner and Sexual Violence Survey 2 (2016).
    ---------------------------------------------------------------------------
                                   conclusion
        Thank you for your consideration of this testimony. For more
    information, please contact A. Nikki Borchardt Campbell at
    nikki@naicja.org.

        [This statement was submitted by A. Nikki Borchardt Campbell,
    Executive Director.]
                                     ______

      Prepared Statement of the National Association of Assistant United
                                States Attorneys
    June 23, 2021

    Chair Jeanne Shaheen                  Ranking Member Jerry Moran
    Senate Subcommittee on CJS            Senate Subcommittee on CJS
    Senate Appropriations Committee       Senate Appropriations Committee
    Washington, DC 2051                   Washington, DC 2051

        RE: National Association of U.S. Attorneys Written Testimony on
    fiscal year 2022 Appropriations for the Department of Justice

        Dear Chair Shaheen, Ranking Member Moran, and subcommittee Members:

        On behalf of the National Association of Assistant United States
    Attorneys (NAAUSA), representing the interests of over 6,000 Assistant
    U.S. Attorneys working in the 94 U.S. Attorney Offices, I write you
    concerning the issue of pay equity and disparity at DOJ and offer
    comments for the record to the subcommittee on Commerce, Justice,
    Science and Related Agencies Appropriations relating to fiscal year
    2022 appropriations for the Department of Justice.
        For over 30 years, AUSAs have asked their employer--the Department
    of Justice--for one thing: be paid the same as other lawyers within DOJ
    who have the same experience, years out of law school, and years of
    service. AUSAs are paid significantly less than other DOJ attorneys
    with the same experience and responsibilities, often as much as $40,000
    per year. This pay gap is profoundly unfair, widely known, and deeply
    destructive to morale. AUSAs are some of the Nation's most selfless and
    dedicated public servants, many of whom forego much higher-paying jobs
    in the private sector in order to serve the public interest. That AUSAs
    around the country are systematically paid far less than their
    colleagues--many of whom work shoulder-to-shoulder on the same cases,
    and sometimes in the same cities and even same offices--is
    indefensible. NAAUSA calls upon Congress to investigate and help
    rectify this inequity.
        The pay disparity has existed since the 1980s, and occurs in part
    because AUSAs are paid on a different pay scale than other DOJ
    attorneys, and most other Federal Government employees. AUSAs are paid
    on the Administratively Determined (AD) pay scale, which has
    historically resulted in less pay under the pay scale for nearly all
    other DOJ attorneys and employees who are paid under the General
    Schedule (GS) or are members of the Senior Executive Service (SES).
    This split pay system has allowed significant pay disparities to
    develop between attorneys who have the same experience and in turn
    drives chronic, costly, and disruptive retention problems in U.S.
    Attorney Offices across the country. More than that, though, it is just
    unfair.
        In the Partnership for Public Service's Best Places to Work in the
    Federal Government, while U.S. Attorney's Office reported above median
    and upper quartile scores in nearly every category since 2007, pay
    satisfaction has seen lower quartile scores in 11 of the last 12 survey
    years. In 2019, U.S. Attorneys' Offices ranked 350 of 415 in agency
    subcomponents regarding attitudes toward pay.\1\
    ---------------------------------------------------------------------------
        \1\ https://bestplacestowork.org/rankings/detail/DJ09
    ---------------------------------------------------------------------------
        While some AUSAs do join Main Justice or other parts of the civil
    service seeking improved compensation, often AUSAs are lured to the
    private defense bar and are immediately litigating against the
    government, after taxpayers have invested in their training.
        NAAUSA calls on the Congress to end this cycle by investing in our
    Nation's career Federal prosecutors and ensuring pay equity between
    AUSAs and DOJ attorneys. Fairly compensating Federal prosecutors so
    that they are paid the same as their trial attorney colleagues and all
    other DOJ component attorneys who work for the FBI, DEA, ATF, BOP and
    others, all of whom do the same or similar work on behalf of our
    citizens would strengthen the rule of law, support national security,
    and it is the right thing to do.
        Congress has consistently allocated additional funds toward U.S.
    Attorney Offices to cover the salary and expenses of Assistant U.S.
    Attorneys (AUSAs). However, this money has overwhelmingly been spent on
    hiring and onboarding additional AUSAs rather than toward appropriately
    compensating the current cadre of AUSAs. As a result, there is a
    significant and damaging pay inequity between AUSAs and other
    Department of Justice attorneys.

        NAAUSA encourages Congress to:

        1.  Engage the Department and EOUSA regarding pay disparity. The
    Department should be able to produce evidence and data supporting its
    positions and should answer why AUSA pay inequity is fair.
        2.  Request the Government Accountability Office (GAO) to study pay
    equity at the Department of Justice, including between the AD and GS
    pay systems.
        3.  Authorize additional appropriations for EOUSA specifically to
    close the attorney pay gap.

        As our Nation faces more evolved forms of Federal criminal
    activity, such as domestic terrorism, cybercrime and drug smuggling
    networks, it is imperative we have a knowledgeable, experienced class
    of litigators able to prosecute these criminals working in U.S.
    Attorney Offices as AUSAs. The current system invests in hiring and
    training new AUSAs, but fails to incentivize these individuals to
    remain as Federal prosecutors. This leaves the government, after having
    invested time and training into new employees, without some of the most
    skilled litigators for the job. The Department of Justice should want
    to retain experienced, skilled litigators to defend our Nation against
    criminal activity, and that requires proper compensation for duties
    equivalent to many other DOJ attorneys.
        NAAUSA has engaged the Attorney General's Advisory Committee (AGAC)
    on this topic over the years. While we were heartened by some steps in
    recent years by the AGAC and the Department to address this issue,
    including in 2016 administratively elevating the minimum entry-level
    AUSA pay to compare to a GS-11, more is needed to assure pay equity for
    DOJ attorneys, including the Department sharing all of the data and
    evidence upon which it is comparing attorney compensation under the GS
    and AD systems. The Department has recently admitted to NAAUSA that the
    compensation disparity between AUSAs and Justice lawyers is real and
    could be closed with an investment of a mere $42 million per year.
        Workforce churn, staff attrition with loss of expertise, and
    decreased morale have real costs for taxpayers in terms of lost
    productivity, and potentially undermine the capacity of U.S. Attorney
    Offices to accomplish their missions. It is for these reasons we bring
    this issue to the attention of Congress. Even amidst the COVID-19
    pandemic, Assistant U.S. Attorneys are considered essential employees
    and are contributing to upholding and enforcing the rule of law in our
    country. We must ensure the Department of Justice properly manages and
    compensates these important members of the Federal law enforcement
    community.
        Thank you for considering the perspective of NAAUSA. Please do not
    hesitate to reach out to our Washington representative Jason Briefel
    (jbriefel@shawbransford.com) regarding this matter.

                Respectfully,

                Lawrence. J. Leiser
                  President
         the impact of pay inequities on the administration of justice
        The Administratively Determined (AD) pay plan, which Assistant U.S.
    Attorneys (AUSAs) are subject to, creates a significant pay disparity
    between AUSAs and all other DOJ attorneys. Aside from clear equity
    issues, the disparity negatively impacts recruitment and retention of
    the more than 6,000 criminal prosecutors and civil attorneys most
    directly tasked with administering justice across our Nation's 94
    Federal judicial districts. The current pay system over relies on the
    goodwill on AUSAs who are willing to take a pay cut to serve their
    country. This is unsustainable and places our U.S. Attorney Offices at
    a disadvantage in the recruitment and retention of qualified personnel.
    Without top talent our criminal justice system cannot adequately serve
    and protect the American people.
      --The DOJ attorney pay policy authorizes higher salaries for
            attorneys in main Department of Justice (DOJ) components than
            AUSAs. The discrepancy reaches over $40,000, as noted in the
            chart below which compares GS attorney base pay and AD AUSA
            base pay in 2021.\2\
    ---------------------------------------------------------------------------
        \2\ Does not include locality pay.

    ----------------------------------------------------------------------------------------------------------------
     Years of Experience        GS Grade            AD Grade        GS Min Pay   AD Min Pay     Percent Difference
    ----------------------------------------------------------------------------------------------------------------
    0-2 years...........  GS 11-13...........  AD-21.............      $55,756      $55,756              N/A
    3-4 years...........  GS 14-15...........  AD-23.............      $93,907      $59,906     $34,001 (44 percent)
    5 years.............  GS 15..............  AD-25.............     $110,460      $64,367     $46,093 (52 percent)
    6 years.............  GS 15..............  AD-26.............     $110,460      $69,159     $41,301 (46 percent)
    7 years.............  GS 15..............  AD-27.............     $110,460      $74,309     $36,151 (39 percent)
    ----------------------------------------------------------------------------------------------------------------

      --AUSAs have for over 30 years identified pay parity issues as a
            detriment to their workplace wellbeing. For example, in the
            Partnership for Public Service's Best Places to Work in the
            Federal Government Survey, while U.S. Attorney's Office
            reported above median and upper quartile scores in nearly every
            category since 2007, the pay satisfaction category has reported
            lower quartile scores in 11 of the last 12 survey years. In
            2019, U.S. Attorneys' Offices ranked 350 of 415 in agency
            subcomponents regarding attitudes toward pay.\3\
    ---------------------------------------------------------------------------
        \3\ https://bestplacestowork.org/rankings/detail/DJ09

          -- Based on advocacy efforts by NAAUSA, the DOJ made minor
                adjustments in the AD pay scale in 2016. While these
                adjustments did not come close to bridging the gap between
                pay scales, they did result is a slight increase in survey
                scores. The immediate positive impacts on FEVS scores by
                AUSAs demonstrates the importance of this issue and
    ---------------------------------------------------------------------------
                willingness to work toward pay parity.

      --In testimonials anonymously collected by NAAUSA, AUSAs consistently
            report taking pay cuts to serve as AUSAs due to a genuine
            desire to serve the public as our Nation's premier criminal
            prosecutors or civil attorneys. However, as the pay disparity
            worsens with advancement, many are forced to leave their
            positions in favor of positions at Main Justice or within the
            private sector. The pay disparity forces dedicated AUSAs out of
            their position or, worse, turns our U.S. Attorneys' Offices
            into taxpayer-funded training centers for private defense
            attorneys.

        NAAUSA advocates for the Department to adjust the AUSA salary
    framework assure that AUSAs are paid the same as Department of Justice
    trial attorneys through movement of AUSAs onto the General Schedule.
                                     ______

         Prepared Statement of the National Fire Protection Association

    May 14, 2021

    The Honorable Patrick Leahy                 The Honorable Richard Shelby
    Chairman                                    Vice Chairman
    Committee on Appropriations                 Committee on Appropriations
    United States Senate                        United States Senate
    Washington, D.C. 20510                      Washington, D.C. 20510

    Dear Chairman Leahy and Vice Chairman Shelby:

        The National Fire Protection Association (NFPA) is a self-funded,
    global non-profit organization founded in 1896 dedicated to ending
    losses from fire, electrical, and related life safety hazards. With the
    unabating wildfire crisis in the U.S., NFPA recently launched Outthink
    Wildfire\TM\, an initiative to advocate for policy change in five key
    areas that will stop the destruction of communities by this hazard. We
    write to ask for your support for key Federal programs.
        The five tenets are: (1) all homes and business in areas of
    wildfire risk must be retrofitted to resist ignition; (2) current
    codes, standards, and sound land use planning practices must be used
    and enforced; (3) local fire departments must have adequate resources
    to protect their communities; (4) fuel management on Federal and non-
    Federal lands must be a priority; and (5) the public must be well-
    informed and motivated to embrace their role in reducing wildfire risk.
    While action on these fronts is urgently needed at all levels of
    government, Federal programs need to play a key role in ending the
    devastating wildfire losses communities are now experiencing as
    discussed in this letter.
    Mitigating Wildfire Severity
        NFPA supports the Administration's fiscal year 2022 proposal to
    provide $1.7 billion in funding for high-priority hazardous fuels and
    forest-resilience projects to the U.S. Forest Service (USFS), in
    addition to the proposed $340 million to the Department of the Interior
    (DOI) for hazardous fuel treatments on its lands. As identified in the
    National Cohesive Wildfire Management Strategy, denser, more continuous
    fuel on landscapes now outside of their natural ecological fire regimes
    is a major contributor to the severe wildfires that threaten
    communities and drain Federal fire suppression resources. The U.S. must
    increase the rate of fuel treatments, including prescribed burning, to
    address the millions of acres now at high or very high risk of
    wildfire.
        In addition to increased resources for hazardous fuel treatment
    projects, NFPA supports programs that enable collaboration between the
    USFS and its partners, assist State and private land managers in
    restoring forest health, and encourage landscape-scale restoration
    projects. For example, the Collaborative Forest Landscape Restoration
    program has been successful in reducing fire risk and achieving other
    management objectives through a stakeholder-driven process aimed at
    minimizing conflict.\1\ Given the National Cohesive Strategy's call for
    increased landscape-scale fuel treatment and forest health projects,
    funding this program at its authorized level of $80 million can help
    continue and expand on its success. Similarly, the Landscape Scale
    Restoration Program should receive $20 million.
    ---------------------------------------------------------------------------
        \1\ See e.g., Schultz, Courtney, et al. (2017) Strategies for
    Success Under Forest Service Restoration Initiatives, Ecosystem
    Workforce Working Paper, Number 81 (https://tinyurl.com/38b3cpz4)
    ---------------------------------------------------------------------------
        Finally, NFPA supports a robust budget for forestry research,
    including programs to better understand wildfire behavior and landscape
    treatment strategies, as well as programs to develop new wood products
    and markets to create more financial incentives for hazardous fuel
    treatment. As part of that funding, the Joint Fire Sciences Research
    program should receive $8 million each for the USFS and DOI. NFPA also
    believes research funding for the built environment aspect of wildfire
    resilience should be increased and thus supports the Administration's
    proposal to increase funding for the National Institute of Standards
    and Technology (NIST), particularly for efforts to improve resiliency
    through building codes.
    Assisting State & Local Fire Departments
        State and local fire response resources play a major role in
    preparing for and responding to wildfires on both public and private
    lands, making the USFS funds provided by the State Fire Assistance
    (SFA) and Volunteer Fire Assistance (VFA) programs critical to public
    safety. According to the National Association of State Foresters,
    members of State and local fire departments are the first to respond to
    80 percent of wildfires. Findings from NFPA's 2016 Fourth Needs
    Assessment of the U.S. Fire Service \2\ that the majority of fire
    departments with wildfire response responsibilities lack sufficient
    training and personal protective equipment reveal a significant gap in
    safety, for both the responders and the lives and properties of the
    communities they protect.
    ---------------------------------------------------------------------------
        \2\ National Fire Protection Association (2016) Fourth National
    Needs Assessment, https://www.nfpa.org/News-and-Research/Data-research-
    and-tools/Emergency-Responders/Needs-assessment, (Eighty-eight percent
    of U.S. fire departments--some 23,000 departments--provide wildland
    and/or WUI firefighting services, but 63 percent of those have not
    formally trained all of their personnel involved in wildland
    firefighting on these skills. Only 32 percent have all of their
    responders equipped with appropriate personal protection equipment
    (PPE), and 26 percent do not have any of the necessary PPE at all. Only
    27 percent of departments have a health and fitness program).
    ---------------------------------------------------------------------------
        SFA and VFA are critical safety programs for supporting wildland
    urban interface (WUI) communities, funding hazardous fuels treatment in
    the WUI, supporting fire planning projects, and helping to train and
    equip State and local responders. SFA also supports public education
    and community capacity development programs like Firewise USA and the
    Fire Adapted Communities Learning Network. These programs teach WUI
    residents how to lower wildfire risk to their homes and support
    community mitigation activities. Therefore, NFPA supports funding the
    State Fire Assistance program at $88.5 million and the Volunteer Fire
    Assistance program at $20 million.
    Mitigation for Communities
        The National Cohesive Strategy also identifies the need for fire
    adapted communities--communities where homes and businesses are
    retrofitted to resist ignition and wildfire safety codes, standards,
    and land use planning practices are applied. According to the U.S. Fire
    Administration, the Nation has over 70,000 thousand communities in
    areas at risk from wildfires, home to 46 million housing units.
    Preparing for wildfire through creating defensible space and home
    retrofits can greatly reduce the risk of loss. NFPA supports the
    Federal Emergency Management Agency's (FEMA) Building Resilient
    Infrastructure and Communities (BRIC) program and the Administration's
    proposal to add $540 million in new resources to programs tasked with
    helping communities undertake pre-disaster planning and make
    investments in resiliency. The USFS' Wildfire Hazard Severity Mapping
    for Communities program also supports community risk assessment and
    hazard mitigation planning and should continue. In addition, NFPA is
    also highly supportive of proposed efforts to improve resiliency and
    safety in HUD-assisted housing with an additional $800 million in new
    investments.
        Thank you for the opportunity to share our views on Federal support
    for reducing wildfire risk to communities. NFPA strongly urges the
    Committee to support a robust budget for wildfire mitigation and we
    stand ready to provide any addition information that would be useful.

        [This statement was submitted by L. Seth Statler, Director of
    Government Affairs.]
                                     ______

      Prepared Statement of the National Legal Aid & Defender Association
        This testimony is submitted on behalf of the National Legal Aid &
    Defender Association (NLADA), America's oldest and largest national
    organization whose resources are exclusively dedicated to excellence in
    the delivery of legal services and to promoting access to justice for
    all. We are grateful for the opportunity to provide comments to the
    committee regarding the Legal Services Corporation (LSC) and U.S.
    Department of Justice (DOJ) programs.
                           legal services corporation
        NLADA urges Congress to address the ongoing failure of our country
    to meet its foundational promise of equal justice. Even prior to the
    COVID-19 pandemic, LSC grantee organizations did not have sufficient
    resources to meet the legal needs of low-income Americans. This serious
    threat to our democracy has been greatly exacerbated by the events of
    the past year. NLADA therefore recommends an appropriation of $1.36
    billion for LSC for fiscal year 2022. Civil legal aid ensures that
    regardless of how much money a person has, they have the same level of
    access to a fair adjudication of their civil legal problems as anyone
    else. Legal aid organizations provide assistance that enables low-
    income people to protect their livelihoods, health, housing, family,
    and other basic human needs. LSC is not only the single largest funder
    of civil legal aid, but also the foundational infrastructure of civil
    justice in the United States, making sure help is available to people
    in every ZIP code.
        However, many eligible clients receive only minimal service, or no
    help at all, due to insufficient resources. In 2017, LSC conducted a
    comprehensive study of its grantee organizations and found that roughly
    40 percent of eligible people seeking help from an LSC grantee were
    turned away and, of those who did receive services, only a little over
    half were able to have their problem fully addressed.\1\ At the time,
    LSC's budget was $385 million. While we are sincerely appreciative for
    this committee's decision to provide incremental funding increases in
    the following years, LSC's budget remains far smaller than it would be
    had it simply kept pace with Federal discretionary spending, which
    since 1995 has in percentage terms has increased more than 12 times as
    much as LSC's budget has grown, or with inflation: LSC's peak funding
    level in fiscal year 1980 would be around $1 billion today.
    ---------------------------------------------------------------------------
        \1\ Legal Services Corporation. (2017). The Justice Gap: Measuring
    the Unmet Civil Legal Needs of Low-income Americans. https://
    www.lsc.gov/sites/default/files/images/TheJusticeGap-FullReport.pdf
    ---------------------------------------------------------------------------
        It is clear that the pandemic has greatly deepened the need for
    additional resources, by creating a larger population of eligible
    clients as a result of increases in poverty and unemployment. In order
    to qualify for services from an LSC grantee organization, a person's
    household income must generally be lower than 125 percent, but can be
    considered up to 200 percent percent of the Federal poverty level. At
    around 6 percent, the unemployment rate remains almost twice as high as
    it was in February 2020.\2\ For Black Americans it is nearly 10
    percent. In February, the Urban Institute estimated that this year the
    National poverty rate would be around 13.7 percent,\3\ compared to 10.5
    percent before the pandemic.\4\
    ---------------------------------------------------------------------------
        \2\ U.S. Bureau of Labor Statistics. (2021). Civilian Unemployment
    Rate. Retrieved at: https://www.bls.gov/charts/employment-situation/
    civilian-unemployment-rate.htm
        \3\ Urban Institute. (2021, February). 2021 Poverty Projections.
    https://www.urban.org/sites/default/files/publication/103656/2021-
    poverty-projections.pdf
        \4\ United States Census Bureau. (2020, September). Income and
    Poverty in the United States: 2019.
    ---------------------------------------------------------------------------
        At the same time, the pandemic has also greatly increased the
    prevalence of civil legal problems. In July 2020, LSC reported that
    more than 85 percent of LSC grantees reported an increase in requests
    for assistance in each of the areas of housing, income, and domestic
    violence, and through December, LSC grantees have closed 72,115 cases
    linked to the pandemic.\5\ This data accounts for legal problems for
    which a person seeks help, but an estimated 86 percent of legal
    problems experienced by low-income people are not even brought to a
    legal aid provider.\6\ It is therefore certain that the actual increase
    in need is far higher still, and in some cases this is further
    exacerbated by the nature of the problem. For example, there is
    consensus among experts that the social isolation and economic
    instability caused by the pandemic have significantly increased the
    prevalence of domestic violence and child abuse,\7\ while also making
    such violence and abuse more difficult to report.
    ---------------------------------------------------------------------------
        \5\ Legal Services Corporation. (2021) Data on CARES Act Funding &
    Services. Retrieved at: https://www.lsc.gov/about-lsc/lsc-and-covid-19/
    data-cares-act-funding-services.
        \6\ Legal Services Corporation. (2017). The Justice Gap: Measuring
    the Unmet Civil Legal Needs of Low-income Americans. https://
    www.lsc.gov/sites/default/files/images/TheJusticeGap-FullReport.pdf
        \7\ Bright, C., Burton, C., and Kosky, M. (2020, October).
    Considerations of the impacts of COVID-19 on domestic violence in the
    United States. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7539928/
    pdf/main.pdf
    ---------------------------------------------------------------------------
        Last year, NLADA used projected increases in long-term unemployment
    to approximate the need for civil legal aid in 2022. We estimated that
    when combined with resource needs that existed prior to the pandemic,
    $1.36 billion would be required for LSC. While it is not possible to
    know exactly how economic recovery for low-income Americans will
    develop, data continues to demonstrate widespread hardship that will
    persist beyond the resolution of the health crisis. For example, if
    eviction moratoria are allowed to expire, a swathe of low-income
    families will face homelessness. Emergency rental assistance programs
    will blunt this problem considerably but porously; not only are funds
    limited but reports of landlords refusing to accept funds that have
    been secured are growing.\8\ The data is clear that access to a lawyer
    will make a difference, as numerous studies have demonstrated that
    representation can reduce the likelihood of eviction by up to around 80
    percent.\9\
    ---------------------------------------------------------------------------
        \8\ Will Parker. (March 19, 2021). Why Some Landlords Don't Want
    Any of the $50 Billion in Rent Assistance. Wall Street Journal
        \9\ Heidi Schultheis and Caitlin Rooney. (October 2, 2019). A Right
    to Counsel Is a Right to a Fighting Chance: The Importance of Legal
    Representation in Eviction Proceedings. Center for American Progress.
    ---------------------------------------------------------------------------
        The need for a substantial increase in resources is further
    compounded by cuts to non-LSC sources of public and private funding for
    legal aid, such as Interest on Lawyers Trust Accounts (IOLTA)
    programs.\10\ As our country begins to look towards recovery from the
    COVID-19 pandemic, Congress can help ensure that low-income Americans
    are not left behind by providing an appropriation for LSC that is
    commensurate with the level of need.
    ---------------------------------------------------------------------------
        \10\ National Association of IOLTA Programs. (2020, May 29). $157.4
    Million Projected Loss in Critical Sources of State Funding for Civil
    Legal Aid [Press release]. https://www.iolta.org/images/NAIP-Press-
    Release-5-29-20.pdf
    ---------------------------------------------------------------------------
                      u.s. department of justice programs
    Tribal Civil and Criminal Legal Assistance, Training and Technical
            Assistance
        We also urge this subcommittee to continue funding in fiscal year
    2022 to support the work done on behalf of Native Americans by Indian
    Legal Services programs that are connected with the Legal Services
    Corporation. We request that funding be maintained within the
    Department of Justice, Office of Justice Programs, under the State and
    Local Law Enforcement Assistance appropriations account, at a level
    similar to that provided in recent years, which is approximately $1 to
    2 million, for the Tribal Civil and Criminal Legal Assistance, Training
    and Technical Assistance grant program (TCCLA). This could be either
    within a specified line item for ``assistance to Indian Tribes,'' such
    as the $50 million the Administration has requested for fiscal year
    2022 and the $46 million Congress appropriated in the fiscal year 2021
    Consolidated Appropriations Act (Public Law 116-260), or within a
    Tribal set-aside percentage of Office of Justice Programs accounts.
        The consortium of 24 Indian Legal Services programs operating in 23
    States provides legal representation to thousands of American Indian
    and Alaska Native individuals in Tribal and State courts, and assists
    more than 160 Tribal governments and/or Tribal judicial systems to
    enhance or develop their justice systems. In at least 46 Tribal courts,
    these programs provide the only public defender service available. Many
    of these Indian Legal Services programs have been awarded funding under
    the TCCLA grants program. They have recently responded to the program's
    solicitations for fiscal year 2021 funding for both Tribal civil and
    criminal legal assistance.
        Examples of the Indian Legal Services programs' civil legal
    assistance work done under TCCLA awards generally include initial
    drafting of Tribal laws as well as revisions to civil codes, policies
    and procedures; developing alternative resolution systems, based on
    Tribal customs and traditions; and developing and conducting Tribal
    court advocate training programs. Civil and criminal representation of
    individuals in Tribal and State courts ranges from counseling and
    advice to full representation in trials and appeals. Individual Indian
    Legal Services programs have created a comprehensive set of self-help
    forms for family law cases; assisted with birth certificate changes for
    Tribal enrollment purposes; assisted with enforcement of domestic
    violence protections under Tribal laws; represented families in Indian
    Child Welfare Act cases in State court; and provided a toll-free legal
    advice hotline.
        Examples of the Indian Legal Services programs' criminal legal
    assistance work under TCCLA include assisting Tribes with drafting,
    revising and updating their civil and criminal codes (including
    children's codes), policies and procedures; Tribal court development,
    restructuring and improvement; training of judicial, law enforcement
    and justice systems personnel, and Tribal court lay advocates and
    guardians ad litem; and negotiation or litigation to address
    jurisdictional issues with State court systems. The programs are
    engaged in helping 18 of the 160 Tribes they serve to implement the
    Tribal Law and Order Act of 2010 (TLOA) and the Violence Against Women
    Reauthorization Act of 2013 (VAWA). Specific Indian Legal Services
    programs are working to enforce existing and to develop new
    ``diversion'' agreements with the State government to address criminal
    justice matters (and potentially-related civil matters, such as child
    protection) within civil Tribal proceedings--such as in Healing-to-
    Wellness courts; to conduct outreach to and represent individual
    clients in an expungement program, with the goal of alleviating
    barriers to employment and safe housing and restoring treaty-based
    hunting rights for those individuals who lost the right to possess
    firearms because of non-violent felony convictions; and to update
    Tribal codes for truancy and domestic violence while ensuring that the
    codes reflect Tribal customs and traditions.
        In fiscal year 2022, whether the subcommittee recommends funding to
    DOJ for assistance to Indian Country Tribal justice programs at a
    specific amount, as enacted in fiscal year 2021, or as a Tribal set-
    aside percentage of overall DOJ funding, as has been proposed in prior
    fiscal years, we request that both bill and report language direct that
    some DOJ funding be allocated for the purpose of the provision of both
    Tribal civil and criminal legal assistance to individual Tribal
    citizens and to Tribal judicial systems pursuant to the Indian Tribal
    Justice Technical and Legal Assistance Act (Public Law 106-559).
    John R. Justice Student Loan Repayment Assistance Program
        A law degree is a requirement of all public defenders and
    prosecutors, but obtaining such a degree routinely leaves graduates
    with a six-figure student loan debt. This debt can make it financially
    impossible to enter low-paying jobs at public defender organizations,
    or to remain in those jobs for long enough to gain the experience
    needed to become a highly effective advocate for their clients. When
    this happens, it slows the functioning of the entire court system as
    less experienced defense attorneys and prosecutors require more time to
    process the same caseload.
        The John R. Justice program provides relief from student loan debt
    by contributing to an individual's monthly student loan payments, which
    helps alleviate some of the problems that lead to recruitment
    difficulties and higher rates of turnover in public defender and
    prosecutor offices. However, the fiscal year 2021 appropriation for
    John R. Justice was just $2 million. This level of funding severely
    limits the scope and effectiveness of the program. This committee
    should fully fund the John R. Justice program at the authorized amount
    of $25 million for fiscal year 2021.
    Violence Against Women Act (VAWA) Programs
        As described earlier in this testimony, the COVID-19 pandemic has
    fueled concerns of rise in the prevalence of domestic violence and
    abuse. Even prior to that, more than 1 in 3 women and more than 1 in 4
    men in the United States had experienced rape, physical violence, and/
    or stalking by an intimate partner. We urge the committee to provide an
    appropriation that builds on the prior success of VAWA programs, but
    also reflects the urgency of the need to broaden their reach. In
    particular, we request the $77 million for grants for civil legal
    assistance for victims recommended by the President's budget for fiscal
    year 2022. Civil legal aid helps survivors secure their physical
    safety, break legal links with their abuser, and rebuild their lives
    over the long term.
        None of this appropriation should be drawn from the Crime Victims
    Fund administered by the Department of Justice Office for Victims of
    Crime, because this reduces the total amount available to serve victims
    of crime and jeopardizes the sustainability of Crime Victims Fund over
    the long-term. The sustainability of the Crime Victims Fund is a
    bipartisan concern, as demonstrated by passage of H.R. 1652, the VOCA
    Fix to Sustain the Crime Victims Fund Act.

        [This statement was submitted by Don Saunders, Senior Vice
    President for Policy.]
                                     ______

         Prepared Statement of the Natural Science Collections Alliance
                  funding for the national science foundation
        The Natural Science Collections Alliance appreciates the
    opportunity to provide testimony in support of fiscal year 2022
    appropriations for the National Science Foundation (NSF). We encourage
    Congress to provide the NSF with at least $10.2 billion in fiscal year
    2022.

        The Natural Science Collections Alliance is a non-profit
    association that supports natural science collections, their human
    resources, the institutions that house them, and their research
    activities for the benefit of science and society. Our membership
    consists of institutions that are part of an international network of
    museums, botanical gardens, herbaria, universities, and other
    institutions that contain natural science collections and use them in
    research, exhibitions, academic and informal science education, and
    outreach activities.

        Scientific collections, and the collections professionals and
    scientists who make, care for, and study these resources, are a vital
    component of our Nation's research infrastructure. These collections
    and their associated experts contribute to the expansion of our
    bioeconomy. Whether held at a museum, government managed laboratory or
    archive, or in a university science department, these scientific
    resources form a coordinated network of specimens, samples, and data
    (for example, genetic, tissue, organism, and environmental) that are a
    unique and irreplaceable foundation from which scientists are studying
    and explaining past and present life on earth.
        Natural science collections advance scientific research and
    education, and that informs actions to improve public health,
    agricultural productivity, natural resource management, biodiversity
    conservation, and American economic innovation. Current research
    involving natural science collections also contributes to the
    development of new cyberinfrastructure, data visualization tools, and
    improved data management practices. A few examples of how scientific
    collections have saved lives, enhanced food production, and advanced
    scientific discovery include:

      --Scientists used museum specimens in U.S. collections to gather data
            on the distribution of the mosquito Culex quadrofaciatus, which
            is known to carry West Nile Virus and other pathogens. They
            then modeled the distribution under different scenarios of
            changing climates to predict regions where the species may
            expand in the future. Predicting the spread of disease vectors
            such as these mosquitoes helps the health care community
            prepare for disease outbreaks and where they will happen.
      --Researchers from Boston University documented Tau proteins in the
            brains of fluid preserved museum specimens of Downy Woodpecker
            (Dendrocopus pubescens). These proteins are also found in
            traumatic brain injuries in humans. Because of the life history
            traits of woodpeckers, the researchers argue these birds may
            have evolved a level of resistance to traumatic head injuries
            that could have implications for treatments for humans.
      --In 1993, a deadly new disease appeared in the southwestern United
            States. Using NSF-supported biological collections at Texas
            Tech University and University of New Mexico, the agent was
            determined to be Hantavirus carried by a few species of
            rodents. When rodent populations increased following an El Nino
            weather event, the animals spread into human environments and
            increased the transmission of Hantavirus. With the vector
            known, it was possible to lessen the risk to humans by reducing
            opportunities for disease transmission. Using other specimens,
            scientists have now identified more than 40 other strains of
            Hantavirus worldwide that are carried by bats, moles, and
            shrews. Similar work is underway to identify the carrier of
            Ebola in Africa.
      --Citrus bacterial canker disease wreaks havoc on fruit crops in
            Florida. Using plant specimens collected a century ago,
            scientists have analyzed the bacterium and traced its source.
            Knowledge of how the bacteria spreads allows scientists to
            develop effective control methods and to protect the U.S.
            citrus industry.

        Scientific collections enable us to tell the story of life on
    Earth. There are more than 1,600 biological collections in the United
    States. These resources are the result of more than 200 years of
    scientific investigation, discovery, and inventory of living and fossil
    species. Scientists have collected and curated more than one billion
    specimens within those collections. This work is on-going as new
    questions continue to be asked and answered.
        The institutions that care for scientific collections are important
    research infrastructure that enable other scientists to study the basic
    data of life; conduct biological, geological, anthropological, and
    environmental research; and integrate research findings from across
    these diverse disciplines. Their professional staff members train
    future generations with the tools and expertise required to move
    science forward. In-house institutional staff expertise is vital to the
    development and deployment of this critical research infrastructure.
        Recent reports highlight the value of mobilizing biodiversity
    specimens and data in spurring new scientific discoveries that grow our
    economy, improve our public health and wellbeing, and increase our
    National security. In 2019, the Biodiversity Collections Network issued
    a community-informed call for the development of an Extended Specimen
    Network. The report, Extending U.S. Biodiversity Collections to Promote
    Research and Education, outlines a national agenda that leverages
    digital data in biodiversity collections for new uses and calls for
    building an Extended Specimen Network. This endeavor requires robust
    investments in our Nation's scientific collections, whether they are
    owned by a Federal or State agency or are part of an educational
    institution or free-standing natural history museum or another research
    center.
        A 2020 report by the National Academies of Science, Engineering and
    Medicine (NASEM), Biological Collections: Ensuring Critical Research
    and Education for the 21st Century, provides guidance to the NSF
    regarding the sustainability of living stock and natural history
    collections. The report argues that collections are a critical part of
    our Nation's science and innovation infrastructure and a fundamental
    resource for understanding the natural world.
        According to the U.S. Interagency Working Group on Scientific
    Collections (IWGSC), ``scientific collections are essential to
    supporting agency missions and are thus vital to supporting the global
    research enterprise.'' A 2020 report by the IWGSC presents a framework
    for estimating and documenting the long-term benefits, both monetary
    and non-monetary, generated by Federal institutional collections.
        The NASEM, BCoN, and IWGSC reports, articulate a common vision of
    the future of biological collections and define a need to broaden and
    deepen the collections and associated data to realize the potential for
    biodiversity collections to inform 21st century science. Because the
    NSF is the only agency that supports research in all fields of science,
    it is ideally suited lead a national effort to build the Extended
    Specimen Network, which will require the engagement of computer and
    information scientists, geoscientists, life and environmental
    scientists, and anthropologists.
        Collections are a critical resource for advancing the knowledge
    needed to address current global challenges such as climate change,
    biodiversity loss, and pandemics. The COVID-19 crisis has illustrated
    how inextricably linked humans are to the natural world. Biological
    collections, their extended data, and the experts that build and study
    them are globally important for understanding where viruses such as
    SARS-CoV-2 exist in nature or when they cross from their current hosts
    to humans.
        In 2019, the United Nation's (UN) Intergovernmental Science-Policy
    Platform on Biodiversity and Ecosystem Services (IPBES) issued a
    warning that about a million species of plants and animals worldwide
    face extinction within the next few decades. This would not only be an
    unprecedented loss of global biodiversity but also a loss of valuable
    genetic diversity that has implications for human health and well-
    being. Robust investments must be made to support efforts to grow and
    digitize natural history collections and conduct critical collections-
    based science that can help prevent these losses.
        The NSF plays a unique role in protecting and expanding access to
    our Nation's scientific collections. It supports research that uses
    existing collections as well as studies that gather new natural history
    specimens. NSF's Directorates for Biological Sciences (BIO),
    Geosciences (GEO), and Social and Behavioral and Economic sciences
    support research and student training opportunities in natural history
    collections. The NSF is also an important supporter of national
    biological research infrastructure that houses natural history
    collections, such as living stock collections and field stations.
        The NSF funds evolving work to digitize high priority specimen
    collections. The result of this effort is that irreplaceable biological
    specimens and their associated data are now accessible through the
    Internet to researchers, educators, and the public. More than 125
    million specimens are now online, with millions more awaiting
    digitization. This project involves biologists, computer scientists,
    and engineers in multi-disciplinary teams who develop innovative
    imaging, robotics, and data storage and retrieval methods. Resulting
    new tools and approaches expedite the digitization process and
    contribute to the development of new products and services of value to
    other industries. Museum specimens and associated data represent an
    extraordinary resource for teaching core concepts in science.
        In addition to supporting research, NSF's science, technology,
    engineering, and mathematics (STEM) education programs enhance the
    ability of museums, botanic gardens, zoos, and other research
    institutions to provide science learning opportunities for students.
    NSF's Advancing Informal STEM Learning program furthers our
    understanding of informal science education outside of traditional
    classrooms. The program makes important contributions to efforts to
    make STEM more inclusive of historically underrepresented groups.
                                   conclusion
        Investments in the NSF have always been in the National interest
    and their value continues to grow. Scientific collections contribute to
    improved public well-being and national economic security. It is not
    possible to replace this important documentation of our Nation's
    heritage. Specimens collected decades or centuries ago are increasingly
    used to develop and validate models that explain how species, including
    viruses, parasites, and pathogens have dispersed around the world, as
    well as how and when they might infect humans now and in the future.
    The NSF is the primary funding source that provides support to
    institutions that preserve at-risk scientific collections. These small
    grants help ensure these collections are not destroyed and their data
    lost.
        Investments in NSF programs that support natural science
    collections research and education are essential if we are to maintain
    our global leadership in innovation and biodiversity research. We also
    see these investments as critical for our efforts to grow diversity and
    inclusion in the scientific workforce. Please support funding of at
    least $10.2 billion for NSF in fiscal year 2022. We also request that
    Congress provide additional economic relief, such as the provisions
    outlined in the RISE Act (HR. 869, S. 289), to the U.S. research
    community, including natural history museums, botanical gardens, and
    other science centers, that have suffered significant budget
    disruptions resulting from reduced public attendance or closures
    associated with responding to the COVID-19 pandemic. Many natural
    history organizations are non-profits that operate on tight budgets
    with limited capacity to absorb abrupt and significant losses of
    revenue, such as that generated from public visitation and engagement
    programs.
        In addition to appropriations, Congress is currently considering
    reauthorization legislation to significantly expand NSF's mission and
    budget. The proposed investments in technological research will enable
    the biodiversity collections community to build the cyberinfrastructure
    and databases necessary to mobilize biodiversity data in ways that
    bolster 21st century science and drive innovation. We applaud these
    efforts to invest in our Nation's scientific and technological
    enterprise and urge that robust investments also be made in basic and
    foundational research.
        Thank you for your thoughtful consideration of this request and for
    your prior support of the National Science Foundation.

        [This statement was submitted by John Bates, Ph.D., President.]
                                     ______

                  Prepared Statement of The Nature Conservancy
    programs under the national oceanic and atmospheric administration for
                                fiscal year 2022
        Chair Shaheen, Ranking Member Moran and Members of the
    subcommittee, thank you for the opportunity to comment on the fiscal
    year 2022 appropriations for the National Oceanic and Atmospheric
    Administration (NOAA). The Nature Conservancy (TNC) is a nonprofit
    working across the States and territories and in 72 countries to
    conserve the lands and waters on which all life depends.
        We thank the subcommittee for its efforts to help address not only
    the Nation's ongoing vital ocean, coastal and Great Lakes issues but
    also the economic challenges of the COVID-19 pandemic. Investment in
    ocean, coastal and Great Lakes restoration and management can be part
    of the country's economic recovery. According to NOAA data, each year
    the U.S. ocean and coastal economy contributes $304 billion to the
    Nation's GDP and 3.3 million jobs. NOAA's funding keeps this growing
    ocean, coastal and Great Lakes economic engine running. It not only
    helps NOAA catalyze local and regional action but also reduces risk and
    saves money based on the tangible economic and societal benefits that
    natural resources provide.
        We appreciate that in fiscal year 2021, the subcommittee was able
    to provide some moderate but necessary program increases in a
    constrained budget environment. Recognizing the significant benefit
    NOAA's programs provide to the Nation, the Biden administration has
    proposed a significant increase to the agency's fiscal year 2022
    budget. Many of these increases are targeted to improve research,
    resource management and public engagement to address the considerable
    climate and biodiversity needs of the Nation. The demand for NOAA's
    products and technical and financial assistance exceeds available
    funding. TNC supports the administration's thoughtful approach to
    increases across NOAA programs. The NOAA budget levels detailed below
    represent a prudent investment in the United States' future, and your
    support is requested.
                             national ocean service
        Title IX Fund--National Coastal Resilience Fund Grants: The
    Conservancy supports the requested level of $68 million requests at
    least $5 million be set aside for planning, technical assistance, and
    assessment activities. The National Coastal Resilience Fund provides
    the resources and tools to build coastal resilience to avoid costly
    Federal disaster assistance and sustain healthy fisheries, maintain
    robust tourism opportunities, provide for increased shipping demands
    and support other coastal industries. Coastal communities have clearly
    shown an ability to match and leverage this funding to take proactive
    measures to protect their ways of life. TNC appreciates Congress's
    support for funding for planning and assessment activities in fiscal
    Year 2021.
        Coastal Zone Management and Services: The Conservancy supports the
    requested level of $64.789 million. This level of funding will provide
    for increased capacity to provide coastal resilience technical
    assistance to communities across the country, including additional
    emphasis on under-resourced and underserved communities. Fully funding
    the Digital Coast Partnership following passage by Congress of the
    Digital Coast Act in 2020 will support new and improved products,
    services and technical assistance to communities through this public-
    private partnership. Funding would also support communities through the
    development of the next generation of coastal managers via the Coastal
    Management and Digital Coast Fellows programs. Providing competitive
    salaries and expanded recruitment efforts will enhance the ability to
    reach underrepresented communities. This increase will support the
    designation process for three new National Estuarine Research Reserves
    in Louisiana, Connecticut and Wisconsin to provide better
    representation and connectivity of habitats across the system.
        Coastal Management Grants: The Conservancy supports the requested
    level of $108.5 million for coastal zone management grants. TNC
    collaborates with State and territorial coastal programs around the
    country to meet multiple goals for coastal communities, including
    economic development, enhancement of public access and recreation,
    coastal resilience, and conservation of coastal resources. After years
    of essentially flat funding, the additional funding would support State
    and territorial coastal zone management programs expanding coastal
    resilience efforts through vulnerability assessments, planning and
    design of resilience projects, monitoring and evaluation, technical
    assistance and training to local governments.
        Coral Reef Conservation Program: The Conservancy supports the
    requested level of $43.194 million. The increase will help NOAA,
    States, territories and community, research, and non-governmental
    partners address the continued decline of coral reefs. This decline has
    had significant social, economic and ecological impacts on people and
    communities in the United States and around the world. TNC works with
    NOAA's Coral Reef Conservation Program under a competitively awarded,
    multiyear cooperative agreement to address the top threats to coral
    reef ecosystems: changing ocean conditions, overfishing and land-based
    sources of pollution. Together, TNC and NOAA develop place-based
    strategies, measure the effectiveness of management efforts and build
    capacity among reef managers.
        National Estuarine Research Reserve System (NERRS): The Conservancy
    supports the requested level of $42.5 million. NERRS partners with
    States and territories to ensure long-term education, stewardship and
    research on estuarine habitats. The reserves advance knowledge and
    estuary stewardship and serve as a scientific foundation for coastal
    management decisions. By using local management needs to help shape
    research, NERRS aims to fill critical gaps. This funding would expand
    the capacity of NERRS to conduct climate research and monitoring,
    incorporate this research into training and technical assistance to
    local communities and enhance public engagement.
        Sanctuaries and Marine Protected Areas: The Conservancy supports
    the requested level of $84.503 million. National marine sanctuaries
    support economic growth and hundreds of coastal businesses in sanctuary
    communities, preserve vibrant underwater and maritime treasures for
    Americans to enjoy and provide critical public access for more than 42
    million visitors each year. Through a transparent, inclusive approach,
    the marine sanctuaries provide for the conservation of U.S. marine
    resources while balancing multiple uses and diverse stakeholder needs.
    The increased funding would enable the program to expand engagement of
    partners, underrepresented communities, Tribes and Indigenous
    communities; increase capacity for protection, conservation and
    stewardship; and support the designation process for five community-
    nominated candidate sites and Papahanaumokuakea Marine National
    Monument to become sanctuaries.
                    national marine fisheries service (nmfs)
        Fisheries and Ecosystem Science Programs and Services: The
    Conservancy supports the requested level of $170.603 million. Science
    is the foundation of successful fisheries management. While many gains
    have been achieved, there remain unfunded opportunities in each NMFS
    region, especially related to electronic monitoring and reporting (EM/
    ER). NMFS has also begun a fisheries information management
    modernization effort that would enhance capacity to take in, integrate
    and make accessible data from a variety of sources to improve
    management. Modernizing data management would support implementation of
    the proposed Climate-Ready Fisheries Initiative and enhance the
    government's ability to conduct offshore wind consultations. The
    enhanced research capacity would help fill gaps in stock productivity,
    fisheries adaptations, improve future projections and risk assessments
    and translate these efforts into management strategies to support
    decision-makers.
        Habitat Conservation and Restoration: The Conservancy supports the
    requested level of $99.704 million. NOAA funding for coastal habitat
    restoration supports, on average, 15 jobs per $1 million invested and
    up to 30 jobs per $1 million spent on labor-intensive restoration
    projects. Project funds are awarded on a competitive basis and
    typically leverage the resources and capacity of multiple partners.
    This funding also provides for NOAA's consultations on and
    implementation of Essential Fish Habitat. The Regional Fishery
    Management Councils address fishing impacts on these areas, and NOAA
    must have sufficient capacity to provide technical assistance to the
    councils and to work with Federal agencies to avoid, minimize and
    mitigate impacts on these important fishery habitats. The proposed
    increase would support large-scale habitat restoration to build climate
    resilience as well as competitive grants for multi-year awards to
    develop restoration planning, project design and permitting and project
    implementation. TNC supports not only this project but the thoughtful
    approach to assess the problem, identify goals and articulate a
    schedule and cost for the project.
        Fisheries Data Collections, Surveys and Assessments: The
    Conservancy supports the requested level of $197.645 million. Limited
    or poor-quality information on the status of fishery stocks undermines
    the effectiveness of fisheries management and can erode community
    support for conservation measures. Accurate and timely stock
    assessments are essential for the sound management of fisheries and the
    sustainability of fishing resources. The proposed increase would
    provide long-needed funding to expand surveys, sampling and analysis
    capabilities to better track shifting species. The funding would
    increase the use of technology to conduct surveys, a capacity that
    became increasingly important when the pandemic disrupted data
    collection. The increase would also begin implementation of a Federal
    survey mitigation program to cover the operational lifespan of offshore
    wind developments.
        Fisheries Management Programs and Services: The Conservancy
    supports the requested level of $136.782 million. With a $214 billion
    fisheries and seafood sector, U.S. fishing communities rely on
    management services and information from NOAA to make the most informed
    decisions on where, how and when to fish. NOAA Fisheries has made
    important strides in addressing these challenges and strengthening
    fisheries management. Support for these efforts is necessary to recover
    fish stocks so they can provide food and jobs now and in the future.
    Increased funding will enable NOAA to take the next steps to better
    incorporate ecosystem and changing climate considerations into
    management activities. It will also allow for workforce training and
    development in environmental justice and equity as well as improved
    engagement and outreach for diverse participation in regulatory and
    science processes. Funding would increase consultation capacity to
    assess effects of planned offshore energy activities and to establish a
    national Wind Center of Excellence to coordinate review of wind
    projects nationwide.
        Observers and Training: The Conservancy supports at least $55.468
    million, including $10.3 million for at-sea monitoring in the New
    England multispecies fishery, consistent with fiscal year 2021 funding.
    After several years of collaborative work with fishery participants,
    scientists and other stakeholders, the New England Fishery Management
    Council voted to increase monitoring on groundfish vessels to 100
    percent for a period of at least 4 years if, and only if, funding is
    available to support it. Because of ongoing support from Congress to
    develop electronic monitoring systems, fishermen can now meet the at-
    sea monitoring requirement with these systems or observers. Continued
    funding along with leveraged private funding should provide sufficient
    resources to aid in the near-term transition to increased monitoring
    and expand the use of electronic monitoring.
        Pacific Coastal Salmon Recovery Fund (PCSRF): The Conservancy
    supports at least $70 million, an increase of $5 million above fiscal
    year 2021 funding. PCSRF has funded hundreds of successful on-the-
    ground salmon conservation efforts, but habitat project needs exceed
    available funding. It invests in cooperative efforts and projects are
    matched at a 3:1 ratio (Federal: non-Federal). PCSRF has catalyzed
    thousands of partnerships among Federal, State, local and Tribal
    governments and conservation, business and community organizations.
        Protected Resources Science and Management: The Conservancy
    supports the requested level of $237.127 million. Increasing funding
    for the competitive Species Recovery Grants would allow the agency to
    strengthen and expand State and territorial partnerships to address the
    growing number of listed species and allow for larger-scale, ecosystem-
    level recovery efforts. It will enhance capacity to integrate climate
    science into protected species management and assessments, including
    scenario planning, recovery planning, implementing recovery actions,
    threat projections and long-term monitoring and research. Additional
    listed species and emerging offshore wind activities have increased the
    number and complexity of NOAA's consultation and permitting
    requirements. Funding is needed to aid NOAA's ability to complete these
    requirements in a timely and predictable manner.
        Thank you for this opportunity to share TNC's priorities. Please
    contact me if you have questions or would like additional information.

        [This statement was submitted by Stephanie Bailenson, Senior Policy
    Advisor for Ocean and Coasts.]
                                     ______

      Prepared Statement of the New Hampshire Office of the Child Advocate
     submitted on behalf of a coalition led by youth first initiative and
        columbia justice lab's youth correctional leaders for justice--
     regarding a new juvenile justice initiative at the office of juvenile
        justice and delinquency prevention in the department of justice
        Chairwoman Shaheen, Ranking Member Moran, and Members of the
    subcommittee, my name is Moira O'Neill. I serve as the Child Advocate
    for the State of New Hampshire. The Office of the Child Advocate
    provides independent oversight of all State supervised services for
    children with a special focus on child protection and juvenile justice
    services. In addition to investigating complaints and examining State
    systems, our statutory mandate includes promoting children's best
    interests and strengthening State services by working with agencies and
    providing advice to policy makers. The foundation of all our efforts is
    the science of child development. This approach is essential to
    juvenile justice, a separate system that should accommodate children's
    developing brains and capacity for executive decision making, impulse
    control, and emotional regulation. I am pleased to submit testimony on
    behalf of a coalition of organizations, co-led by the Youth First
    Initiative and Columbia Justice Lab's Youth Correctional Leaders for
    Justice. These organizations assist States in building on the past 15
    years of successful youth crime reduction and decarceration to
    strengthen and expand access to more effective community-based
    alternatives for youth. To accomplish this goal, we seek $100 million
    for a new initiative at the Office of Juvenile Justice and Delinquency
    Prevention (OJJDP) in the Department of Justice that would support
    State efforts to:

      --Engage in a planning and stakeholder consultation process to close
            youth prisons, repurpose closed youth prisons, and reinvest
            State resources from those facilities to support more effective
            and cost-efficient community-based alternatives; and
      --Provide support for workforce development services for correctional
            staff who will need new employment upon facility closures.

        I want to thank the subcommittee for its past funding of Federal
    juvenile justice programs and urge it to support this new initiative at
    OJJDP to support States in moving from costly and ineffective
    incarceration to more effective community-based alternatives that
    produce dramatically better outcomes for youth, their families, and
    their communities.
        The time for transforming juvenile justice is now and New Hampshire
    is ready. We are a small State with under 2,000 \1\ children--less than
    1 percent of an estimated 260,000 population under 18 \2\--who are
    adjudicated delinquent at any given time of the year. Despite the small
    size of the population, there are disparities and children at risk.
    Children of color are just 16 percent of the State population but
    account for 37 percent of detention admissions, 22 percent of new
    probation cases, and at least 22 percent of out of home placements.\3\
    Children with disabilities also are disproportionately represented with
    an estimated 65-70 percent having a diagnosed disability and 75 percent
    having experienced some form of trauma, which impacts healthy
    development.
    ---------------------------------------------------------------------------
        \1\ https://www.dhhs.nh.gov/dcyf/documents/dcyf-data-book-2020.pdf
        \2\ https://www.census.gov/quickfacts/NH
        \3\ Division for Children, Youth and Families Probation
    Transformation Team, State of New Hampshire Department of Health and
    Human Services. 2021.
    ---------------------------------------------------------------------------
        With these outcomes in mind and armed with the latest science for
    practice improvement, New Hampshire is experiencing extraordinary
    progress in transforming juvenile justice services under a broad,
    bipartisan group of champions. We are in the midst of implementing
    significant investments in a responsive and trauma-informed mental
    health system for children. We are transforming juvenile probation from
    a punitive and ineffective system to a child development-informed
    system that will emphasize positive youth development and incentivize
    pro-social behavior. Moreover, the Granite State has succeeded in
    minimizing the number of detained or committed children through
    legislative actions increasingly limiting criteria for incarceration.
    The General Assembly has just passed a 2022-23 biennium budget that
    provides for the closure of our 144-bed children's prison, currently
    housing 10-15 children, by March 2023. This is promising progress in
    children's best interest. New Hampshire has momentum. However, overall
    success will depend upon careful planning and assessment for community-
    based alternatives to intervene, rehabilitate, and prevent children
    from engaging in anti-social behavior. A promise to support staff in
    prison transition, not currently in the budget, would go far to keeping
    children safe until closure. The requested $100 million for a new
    Federal initiative at OJJDP would galvanize and support New Hampshire's
    efforts to ensure a truly successful and just system.
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Nationwide, from 2000 to 2018, the number of incarcerated youth
    fell by 65 percent, and juvenile justice facilities decreased by 50
    percent. During this time youth crime also dropped. From 2006 to 2019,
    juvenile arrests for violent crimes fell by 50 percent, and from 2008
    to 2019, juvenile arrests for property crimes fell by 73 percent.
        Racial and ethnic disparities and incidents of abuse continue to
    plague these extremely expensive and ineffective prison environments.
    Racial inequities in incarceration are pervasive--Black youth are 5
    times more likely and Latinx youth 3 times more likely than their white
    peers to be incarcerated for similar offenses. Excluding Indian
    Country, American Indians make up 3 percent of girls and 1.5 percent of
    boys in juvenile facilities but less than 1 percent of youth
    nationally.
        Long term outcomes for incarcerated youth are poor and include
    lower educational attainment and employment; high rates of
    homelessness; behavioral and emotional problems; poor physical health;
    and problems in forming stable family relationships. Physical and
    sexual assault and extended solitary confinement also are common.
    Incarceration also increases recidivism by disconnecting youth from
    their families, religious and spiritual connections, schools, and other
    pro-social experiences. As a result, incarcerated youth are more likely
    to have entered adult prison by age 25. Given these limitations, many
    prosecutors, youth correctional administrators and youth advocates now
    recommend the closure of youth prisons in favor of more effective
    community-based alternatives. However, there are many youth prisons
    still operating and taking up precious State resources, especially
    during this time of strapped State budgets. Federal funds would assist
    States in closing youth prisons and directing State and local resources
    to support more effective community-based alternatives.
        Research shows that community-based alternatives perform far better
    than the youth prison model. The youth incarceration environment is
    incongruous with child development and trauma-informed care that relies
    upon stimulating, engaging, encouraging, and safe space for children's
    intellectual capacity and resilience to develop. I will never forget
    the boy at the Sununu Youth Services Center who told me, ``I feel my
    brain rotting in here.'' He was right.
        There are effective alternatives to youth incarceration. Community
    mentoring programs that link young people to trusted adults show strong
    results. In Pennsylvania, Youth Advocates Program found that 97 percent
    of program participants were not convicted or adjudicated of a new
    offense while in the program, 85 percent were living safely in the
    community at discharge, and 76 percent were regularly attending school,
    had graduated, or attained their GED at discharge. The NYC Mayor's
    Office and Urban Institute found that Credible Messengers' mentoring
    programs for youth on probation significantly reduced recidivism for
    young adults on probation by 69 percent after 12 months. At the 24-
    month mark, it was still 57 percent lower. These results show that
    evidence-based alternatives delivered in the community can reduce
    recidivism.
        During the COVID-19 pandemic, incarceration has put youth at
    serious risk for illness, including long-term health impacts, and
    sometimes death. While not specific to youth prisons, as of December
    2020, the rate of people incarcerated in prisons who tested positive
    for COVID-19 was more than 4 times as high as the general population
    and in some States up to 8 times as high. It is likely that youth
    prisons have similarly high rates of COVID-19 infection, putting in
    jeopardy the health of young people and staff in those settings, as
    well as the health of their families and communities to which they
    return.
        Closing youth prisons both saves money and increases public safety.
    The cost of youth incarceration is astronomically high, especially
    considering these poor outcomes. According to one recent study, the
    average cost of the most expensive confinement option for a young
    person in 48 States was $588 per day, or $214,620 per year. In New
    Hampshire, the Sununu Youth Services Center costs taxpayers $12 million
    to $15 million per year to accommodate 10-15 children on any given day.
    A Washington State Study showed that youth detention produced fewer
    benefits in reduced crime and other outcomes than many less costly
    programs. For example, spending $1 for diversion and mentoring programs
    resulted in $3.36 in benefits of reduced crime, while multisystemic
    therapy, a more service intensive alternative, produced $13.36 in
    benefits.
        In 2016, Kansas decided to shift resources from youth prisons to
    community-based interventions, and this shift is expected to save $72
    million by 2022. The State has invested savings in community-based
    programs. Georgia also instituted a similar plan in 2012 and estimated
    its savings over 5 years at $85 million. It also avoided the
    significant cost of building two new juvenile facilities.
        Such community-based alternatives, including mentoring programs,
    evidence-based therapies, and small, rehabilitative and home-like
    facilities for the very few young people who commit serious crimes cost
    much less than prison and are safer for youth and staff. New York
    City's investment in small, homelike facilities resulted in a 53
    percent drop in youth arrests and a 68 percent reduction in youth
    placement. Using similar reforms, Texas decreased youth incarceration
    by 38 percent and further decreased youth arrests by 49 percent. After
    California's closure of youth prisons in 2016, youth arrests for
    violent crimes in the State fell to less than half what they were in
    1990. These States have demonstrated that closing youth prisons both
    saves money and increases public safety.
        Americans nationwide support Federal funding to incentivize States
    to close youth prisons to capture resources to reinvest in more
    effective and cost-efficient community-based alternatives. In a recent
    Youth First Initiative poll, 78 percent of adults endorsed the proposal
    to provide Federal funds for State planning and consultation with
    stakeholders to close youth prisons and invest savings to expand access
    to community-based alternatives and provide workforce development
    services to workers from closed facilities. At least 7 in 10 Democrats,
    Independents, and Republicans, and at least 7 in 10 Black, white,
    Hispanic, and Asian Americans endorsed these policies, demonstrating
    support across political affiliation as well as racial and ethnic
    groups.
        Youth First Initiative polled residents in Maine and found that 85
    percent of residents overwhelming favor a youth justice system focused
    on prevention and rehabilitation over punishment and incarceration.
    Additionally, 87 percent of Mainers support providing financial
    incentives for States to invest in alternatives to youth incarceration.
    Just recently, the Maine House and Senate passed legislation to close
    its only youth prison, Long Creek Youth Development Center. The
    legislation also requires that savings captured from the closure be
    used to create and support community-based programs in Maine.
        At a time when our Nation is debating how to reduce the negative
    impacts of the justice system while still maintaining public safety, I
    urge you to support this proposal since it provides a winning strategy
    that would accomplish all of the key goals: reducing incarceration and
    its negative impacts on youth; reducing racial disparities; achieving
    cost efficiencies that produce more effective outcomes; and improving
    public safety.
        Thank you so much for your time and consideration of these critical
    issues. Please do not hesitate to contact me or Jenny Collier at
    jcollier@colliercollective.org if you have any questions or need
    additional information.

        [This statement was submitted by Testimony by Moira O'Neill, PhD,
    The Child Advocate.]
                                     ______

      Prepared Statement of Nonprofit Civil and Human Rights Advocacy and
                            Religious Organizations
     funding to the department of justice for efforts to prevent, measure,
                   and mitigate the harm done by hate crimes
    June 22, 2021

    The Hon. Jeanne Shaheen, Chair              The Hon. Jerry Moran,
    Commerce, Justice, Science                   Ranking Member
      Subcommittee                              Commerce, Justice, Science
    Senate Appropriations Committee               Subcommittee
    125 Hart Senate Office Building             Senate Appropriations
    Washington, DC 20510                         Committee
                                                142 Dirksen Senate Office
                                                 Building
                                                Washington, DC 20510

    Dear Chair Shaheen, Ranking Member Moran, and Members of the
    Subcommittee:

        As organizations that represent communities targeted by hate
    incidents ranging from vandalism and verbal harassment to life-
    threatening attacks, we write to urge you to increase funding in the
    fiscal year 2022 Commerce-Justice-Science appropriations bill for
    community-based non-profits that provide holistic education and support
    services to mitigate the harm hate causes; for grants that improve data
    about and understanding of hate; and for restorative justice research
    and Community Relations Service interventions that address the roots of
    hate-motivated violence.
        Our recommendations are grounded in our alarm at increases in
    reports of hate crime, and in our conviction that to further racial
    justice we must ensure that government agencies and nongovernmental
    organizations work together to support, validate, and vindicate each
    person and community at risk of being targeted because of race,
    national origin, religion, gender, gender identity, sexual orientation,
    or disability. As you know, in spite of declining law enforcement
    agency participation, the FBI's Hate Crime Statistics Act reports have
    documented year-to-year growth in the number of recorded hate crimes in
    recent years, culminating in the most deadly year on record in 2019, in
    which at least 51 people lost their lives in bias-motivated attacks.
    Anecdotal data captured by community-based organizations and surveys
    that ask Americans about their subjective experiences indicate that
    hate crime is a far more widespread and devastating phenomenon than
    even the FBI's report demonstrates. Behind each victim is an entire
    community of people who share the characteristics for which the person
    was attacked, and who experience the fear and instability that these
    acts cause.
        Mitigating and preventing the enormous harm that bias-motivated
    violence does is necessary if we are to dismantle deep systemic
    inequities that have impeded our growth and achievement throughout
    American history. Moreover, at a time when our differences and
    conflicts threaten our ability to collaborate with one another to
    sustain democratic governance and protect public health, it is as
    important as ever that we stand up to hate and create an environment in
    which all of us are equally safe and empowered to thrive. We urge you
    to further these crucial efforts by adopting the following
    appropriations provisions and report language.
    Increase Funding for Community-Based Anti-Hate Work
        When hate incidents occur, the people, institutions, and
    communities that are affected often turn first for assistance and
    support to familiar and trusted organizations that work outside the
    criminal justice system to provide legal advice and defense,
    culturally-appropriate medical and mental health care, and other
    complementary services such as anti-bias education and help with basic
    needs. Strong indicators of the important role that community-based
    nonprofits play in documenting, countering and mitigating hate include
    the significant volume of hate incidents reported directly to
    organizations and associations such as Stop AAPI Hate, the Southern
    Poverty Law Center, and the Anti-Defamation League, and the
    proliferation in recent years of programs and partnerships that aim to
    call out, and accelerate the fight against, hate, such as the Lawyers
    Committee for Civil Rights Under Law's James Byrd Jr. Center to Stop
    Hate. The Federal Government's investments in preventing and supporting
    healing from hate crimes must reflect the unique and indispensable role
    of non-government actors through a movement toward greater parity in
    distribution of funding to both community-based and government-run
    institutions. Therefore, we urge you to adopt the following report
    language:

        ``Department of Justice--Office of Justice Programs--`Community
    Support for Victims of Hate Crime.--The Committee recognizes that
    individuals and communities that perpetrators of hate crimes target are
    frequently the same individuals and communities that have been
    historically discriminated against and overrepresented among those
    investigated, arrested, convicted and incarcerated by law enforcement
    officials. Hate crime victims include noncitizens and people with
    immigrant family members who may fear immigration enforcement-related
    consequences of contact with law enforcement. For these and other
    reasons, communities affected by hate crime have called for increased
    investment in community-based social support and advocacy for victims
    as a necessary complement to law enforcement involvement in preventing
    and responding to hate crime. Accordingly, the Committee directs the
    agency to prioritize grants from programs for which institutions of
    higher education, museums, and nongovernmental nonprofit organizations
    are eligible to those applicants that are institutions of higher
    education, museums, and nonprofit organizations that propose to use
    funding to provide services that reduce the risk of hate crime or to
    provide legal, material, social, and other support to people and
    institutions affected by hate crimes. The agency should consider grant
    programs including but not limited to the Antiterrorism and Emergency
    Assistance Program, the Byrne Criminal Justice Innovation Program,
    Research and Evaluation on Domestic Terrorism Prevention, and Research
    and Evaluation of Services for Victims of Crime.' ''
    Fund Improvements in Hate Crime Statistics
        A more complete understanding of where, when, and against whom hate
    crimes occur is a necessary component of an effective and coordinated
    campaign to eradicate this scourge. In the nearly 30 years during which
    the FBI has compiled data pursuant to the Hate Crime Statistics Act,
    however, DOJ has yet to produce information that paints an accurate and
    comprehensive picture of hate crime. Multiple factors contribute to
    deficits in our knowledge about this phenomenon, including victimized
    communities' distrust and avoidance of law enforcement agencies; lack
    of training for officers in recognizing and investigating bias
    motivations; and frontline agencies' limited capacity to maintain and
    share records with DOJ combined with the lack of a reporting mandate.
    Congress can and must support stakeholders in overcoming these
    challenges by providing funding for data improvement programs
    authorized by the Jabara-Heyer NO HATE Act. To implement this priority
    legislation, we urge you to provide total funding of at least $15
    million in the Commerce-Justice-Science Appropriations bill for grant
    programs to State, local, and Tribal law enforcement agencies to
    implement the National Incident-Based Reporting System, to create
    State-run hate crime reporting hotlines, and to conduct training and
    develop protocols for identifying, analyzing, investigating and
    reporting hate crimes. In addition, we urge you to adopt the following
    corresponding report language:

        ``DOJ--State and Local Law Enforcement Assistance: `Hate Crime
    Statistics Reporting Improvement.--The Committee is concerned that more
    than two thousand law enforcement agencies did not participate in the
    FBI's most recent compilation of statistics about hate crimes,
    including 10 agencies serving cities with populations greater than
    100,000. In addition, underreporting of hate crime by participating
    agencies leads to an exponential gap between the number of hate crimes
    victims report experiencing in the National Crime Victimization Survey,
    and the number of hate crimes recognized and reported by law
    enforcement. Missing reports impair the ability of public safety
    officers and civil society to prevent and respond to hate crime. The
    Committee looks forward to receiving the report required in Sec. 5(g)
    of the COVID-19 Hate Crimes Act, Public Law 117-13, and to obtaining a
    better understanding of ways that DOJ can support law enforcement
    agencies in strengthening hate crime data collection and reporting, and
    more effectively meeting the needs of communities affected by hate
    crime.' ''
    Increase Support for Eliminating Hate by Ramping Up Peacebuilding and
            Advancing Restorative Justice
        To secure a nation free from the fear and division that hate
    incidents cause, DOJ and other stakeholders must further develop
    ability and capacity to challenge the prejudices that lead to attacks.
    Within the agency, this work should start with and be led by an
    empowered and better-resourced Community Relations Service. This body's
    efforts are symbolically important and practically effective. As Liz
    Hume and Theo Sitther of the Alliance for Peacebuilding wrote in The
    Hill on March 17, 2021, ``CRS has brokered agreements that have
    resolved underlying systems of injustice and division in communities
    experiencing high levels of conflict.'' Recognizing that CRS's
    interventions save lives and preserve community cohesion, we urge you
    to take its work to scale and increase CRS's annual funding to $40
    million to meet expanding demand resulting in part from COVID-19-
    related hate crimes targeting AAPI individuals and institutions, and
    from accelerating hate incidents inspired by international affairs that
    have targeted Jews, Muslims, and members of other faith-based and
    immigrant communities. We recommend adoption of the following report
    language in support of CRS's work:

        ``DOJ--Salaries and Expenses, Community Relations Service:
    `Community Relations Service.--The Committee recommends $40,000,000 for
    the Community Relations Service (CRS). CRS has a unique and important
    role to play in complementing the Justice Department's law enforcement
    activities, particularly when those activities involve members of
    vulnerable and marginalized communities. CRS is charged with pursuing
    justice and reconciliation throughout all of the States and
    territories, by engaging crime victims, government agencies, civil
    rights groups, and community leaders in healing and conflict
    resolution. CRS concentrates on developing mutual understanding in
    communities most challenged by tension and helps them develop local
    capacity and tools to prevent hate crimes from reoccurring. The
    Committee expects these efforts to expand, and CRS's services to be
    offered in more communities, in Fiscal Year 2022.' ''

        Moreover, we implore you to acknowledge that members of communities
    targeted by perpetrators of hate crimes have themselves suffered from
    disproportionate surveillance and criminalization by the criminal
    justice infrastructure. As a result, many fear that punitive anti-hate
    crime policies are likely to be misused against marginalized
    communities, and question whether traditional punishment is the best
    possible means of redressing hate crime in a way that challenges
    offenders' beliefs and gives pause to others who may express or act on
    hate. Instead, alternatives to carceral sentencing, which might include
    educational and community service requirements or moderated
    conciliation and dispute resolution sessions, hold promise as a means
    of advancing stakeholders' interests and helping victims heal and
    regain confidence. Further study is needed to determine which
    interventions have a successful track record or have shown promise in
    experimentation, so we hope that you will reserve at least $5 million
    of the funding provided to the Office of Justice Programs for Research,
    Evaluation, and Statistics for evaluation and development of
    restorative justice programming, and adopt the following report
    language:

        ``Research, Evaluation and Statistics: `Restorative Justice
    Research.--The Committee recognizes that many members of communities
    targeted by hate crimes have also been disproportionately negatively
    affected by a criminal justice system suffused with institutional
    racism and prejudice against other minority communities. As a result, a
    number of victims of hate crimes advocate responses to bias-motivated
    attacks that do not involve only or primarily carceral or punitive
    measures. The Committee notes the dearth of studies that evaluate the
    effectiveness of restorative justice alternatives to criminal
    punishment for commission of a hate crime, and directs the Department
    to fund and conduct research that can inform the adoption of sentencing
    alternatives that best serve hate crime victims' needs. The Department
    is encouraged to partner with academic institutions to evaluate the
    effectiveness of existing programs that employ conciliation, education,
    and other interventions to disrupt the malign beliefs of people
    convicted of hate crimes' ''
        We appreciate your consideration of these requests and look forward
    to working with you to ensure that fiscal year 2022 appropriations
    advance the fight against hate in ways that best serve the needs of
    communities that are targeted because of members' race, ethnicity,
    national origin, religion, gender, sexual orientation, gender identity,
    and disability. If you have questions about these recommendations or
    seek additional information, please contact Erin Hustings at
    ehustings@adl.org and 202-316-3086.

                Sincerely,

    ACCESS (Arab Community Center for Economic and Social Services)
    Act To Change
    American Jewish Congress
    Anti-Defamation League
    B'nai B'rith International
    Interfaith Alliance
    Japanese American Citizens League
    Jewish Council for Public Affairs
    Matthew Shepard Foundation
    National Council of Jewish Women
    Not In Our Town
    Rabbinical Assembly
    Sikh Coalition
    UnidosUS
    Union for Reform Judaism
    UNITED SIKHS

                                     ______

      Prepared Statement of Nonprofit Voter Assistance, Civil Rights, and
                            Religious Organizations
    June 18, 2021

    The Hon. Jeanne Shaheen, Chair              The Hon. Jerry Moran,
    Commerce, Justice, Science                   Ranking Member
      Subcommittee                              Commerce, Justice, Science
    Senate Appropriations Committee               Subcommittee
    125 Hart Senate Office Building             Senate Appropriations
    Washington, DC 20510                         Committee
                                                142 Dirksen Senate Office
                                                 Building
                                                Washington, DC 20510

                     department of justice's voting section
    Dear Chair Shaheen, Ranking Member Moran, and Members of the
    Subcommittee:

        The undersigned organizations write to strongly urge you to
    designate increased funding for DOJ's Civil Rights Division for the
    addition of positions in the Voting Section to enforce the Voting
    Rights Act's protections against discrimination in elections. As
    advocates for full and equal participation in American democracy, we
    are alarmed by the accelerating adoption of State and local policies
    that make voting disproportionately more difficult for members of
    communities that have historically been the subject of blatant and
    targeted disenfranchisement efforts. There is no other entity that can
    as ably represent the interests of voters of color and voters from
    language minority communities with the authority, expertise, and deep
    resources available to DOJ, and so we call on Members of Congress to
    ensure that the agency has what it needs to rise to the present
    challenge and preserve the broad access to the ballot that our
    foundational civil rights laws promise.
        Before, during, and after the 2020 Presidential Election,
    disinformation about threats to election security and integrity spread
    widely, and in significant part due to some public figures' repeated
    critiques of procedures that are normal and familiar, such as mail
    voting, and of extraordinary measures undertaken to avoid COVID-19-
    related perils, including proactive mailing of mail ballot applications
    and expansion of early voting hours and periods. Election
    administrators, Federal and international experts at agencies like the
    Department of Homeland Security's Cybersecurity and Infrastructure
    Security Agency, and independent audits of paper records of votes cast
    have all affirmed that election results were valid and no significant
    or widespread fraud or irregularities occurred. Nonetheless, according
    to the Brennan Center for Justice, as of April 1, 2021, State lawmakers
    had introduced 361 bills that would restrict access to the ballot in 47
    States' 2021 legislative sessions.
        These measures take direct aim at aspects of the voting process
    that disproportionately affect voters of color and language minority
    voters, and preserving equal access to elections in 2021 and beyond
    will depend upon the strength and readiness of the most capable and
    expert voting rights prosecutor in the Nation, the Civil Rights
    Division's Voting Section. For example, Georgia recently signed into
    law a bill that expands voter identification requirements, which Black,
    Latino, Native American, and other voters of color are
    disproportionately likely to be unable to meet and to perceive as a
    barrier to voting; the bill also makes it a crime to approach voters
    waiting in line to give them food or water, and restricts the use of
    ballot drop boxes for mail voters. Iowa enacted a bill that shortens
    the State's early voting period and polling place hours, and restricts
    the use of satellite voting sites, all flexibilities that have proven
    particularly important to the State's growing population of young
    Latino voters, according to LULAC Iowa Political Director Joe Henry.
    Utah adopted a change that streamlines the process for cancelling voter
    registration records based on a voter's apparent death, opening the
    door to striking living people who share names with deceased
    individuals from voter rolls without notice. Such a policy is very
    likely to harm historically marginalized voters, who are statistically
    more likely to share the same surnames, and to be mistakenly removed
    from registration lists, than are white voters.
        DOJ's Voting Section requires expanded capacity to respond to the
    States and localities that already have and are poised to follow suit,
    as well as to monitor, evaluate, and enforce anti-discrimination
    standards in the post-2020 Census redistricting process that will soon
    begin in virtually every State and municipality in the Nation. As you
    know, the redistricting cycle that approaches will be the first to
    occur in the absence of the protective mechanisms of the Voting Rights
    Act's fully-functional preclearance process. As a result, the Voting
    Section will not receive explanation and analysis of new district maps
    from jurisdictions with long histories of acting deliberately to limit
    marginalized voters' opportunity to elect representatives of their
    choice, and will instead have to exponentially increase its own
    original review of as many as hundreds, or thousands, of new plans. It
    cannot afford to reduce its efforts to identify and challenge
    discriminatory redistricting, knowing that the process of redrawing
    districts has uniformly been infected with intentional bias and
    produced inequitable results when left to its own devices. In the last
    two cycles of redistricting during which the Voting Rights Act was in
    full effect alone, DOJ objected at least 42 times to implementation of
    redistricting plans that would have disproportionately diminished the
    influence of voters of color and language minority voters.
        As we consider the work before the Voting Section, we are also
    mindful of the need for more capacity to ensure the effective
    implementation of Section 203 of the Voting Rights Act after new
    coverage determinations are published in calendar year 2021. In light
    of the continued growth of language minority communities, we anticipate
    the extension of obligations to conduct elections in multiple languages
    to additional jurisdictions, and along with it, an increase in demand
    for DOJ's technical assistance and oversight. In our experience, newly-
    covered municipalities in particular often struggle to understand and
    comply with requirements such as recruitment and training of
    multilingual pollworkers, education of monolingual pollworkers about
    the rights of voters who are not fully fluent in English, and
    customized translation of not only ballots and instructions but also
    key assets such as websites and polling place signage. The volume of
    the Voting Section's historical language assistance enforcement actions
    also attests to the frequency with which election administrators and
    elected officials experience challenges and require added assistance or
    pressure, or both, to provide the materials and interpretation that the
    law requires.
        Taking into consideration these acute needs, we urge you to provide
    at least $5 million in additional funding for General Legal Activities
    at DOJ, and to designate the increase for the purpose of adding
    positions in the Voting Section dedicated to Voting Rights Act
    enforcement. We also ask that you adopt the following explanatory
    report language:

        DOJ--Salaries and Expenses, General Legal Activities: ``Voting
    Rights Act Enforcement.--The Committee is concerned that multiple
    factors including the effects of the Supreme Court's decision in Shelby
    County v. Holder; the increasing proposal and adoption of
    discriminatory restrictive State and local voting policies following
    the 2020 Presidential Election; and ongoing need for negotiation of
    agreements that ensure compliance with Section 203 of the Voting Rights
    Act (VRA) will require the Voting Section of the Civil Rights Division
    to undertake an increased caseload of resource-intensive litigation to
    meet its responsibility under the Voting Rights Act to ensure equal
    access to elections regardless of race, ethnicity, and linguistic
    ability. The Committee recommends an increase of not less than
    $5,000,000 for additional expenses relating to the enforcement of
    Sections 2, 4(e), 5, 10, 11, 203, and 208 of the VRA (52 U.S.C.
    Sec. Sec. 10301-10311; 10503-10505; 10508).''

        We appreciate your consideration of these recommendations, and
    encourage you to contact Erin Hustings at ehustings@adl.org and 202-
    316-3086 if we may provide any additional information.

                Sincerely,

    American Association of People with Disabilities
    Anti-Defamation League
    Asian American Legal Defense and Education Fund (AALDEF)
    Asian and Pacific Islander American Vote
    Autistic Self Advocacy Network
    The Brennan Center for Justice at NYU School of Law
    Center for Common Ground
    Coalition on Human Needs
    Common Cause
    Congregation of Our Lady of Charity of the Good Shepherd, U.S.
    Provinces
    Democracy North Carolina
    Demos
    End Citizens United/Let America Vote Action Fund
    Fair Elections Center
    Faith in Public Life
    Faith in Public Life Action Fund
    Franciscan Action Network
    Government Accountability Project
    Human Rights Campaign
    Lawyers for Good Government (L4GG)
    Leadership Conference of Women Religious
    League of Women Voters of the United States
    Missouri Voter Protection Coalition
    National Action Network (NAN)
    National Advocacy Center of the Sisters of the Good Shepherd
    National Association of Councils on Developmental Disabilities
    NALEO Educational Fund
    National Coalition on Accessible Voting
    The National Coalition on Black Civic Participation
    National Council of Jewish Women
    National Council on Independent Living
    National Urban League
    NETWORK Lobby for Catholic Social Justice
    Ohio Voter Rights Coalition
    People for the American Way
    Rock the Vote
    SPLC Action Fund
    State Voices
    Texas Progressive Action Network
    UFCW International Union
    UnidosUS
    Union for Reform Judaism
    Unitarian Universalists for Social Justice

                                     ______

        Prepared Statement of the Northwest Indian Fisheries Commission
                 national oceanic & atmospheric administration
        Chair Shaheen, Ranking Member Moran and Honorable Members of the
    subcommittee, my name is Lorraine Loomis and I am the Chair of the
    Northwest Indian Fisheries Commission (NWIFC). The NWIFC is composed of
    the 20 Tribes that are party to United States v. Washington, which
    upheld the Tribes' treaty-reserved right to harvest and manage various
    natural resources on and off-reservation, including salmon and
    shellfish. On behalf of the NWIFC, I'm providing testimony for the
    record on the natural resources and fishery management program funding
    requests for the National Oceanic & Atmospheric Administration (NOAA)/
    National Marine Fisheries Service (NMFS) Fiscal Year 2022
    appropriations. These programs support the management of salmon
    fisheries, which contribute to a robust natural resource-based economy
    and the continued exercise of Tribal treaty rights to fish. In light of
    the past year's extreme difficulties, it is now more important than
    ever that the Federal trustee support management, supplementation, and
    restoration of fisheries--paramount to the Tribes physical, cultural
    and economic wellbeing, as well as an important link in our Nation's
    food supply chain.

    SUMMARY OF FISCAL YEAR 2022 APPROPRIATIONS REQUESTS

      --$70.0 million plus for NOAA Pacific Coastal Salmon Recovery Fund
      --$7.0 million for NOAA Hatchery Genetic Management Plans
      --$43.5 million for NOAA Pacific Salmon Treaty
      --$26.5 million for NOAA Mitchell Act Hatchery Programs
      --Continued Support for NOAA Fisheries Disaster Assistance Program

        The member Tribes of the NWIFC ceded much of the land that is now
    western Washington in exchange for reserving the continued right to
    harvest and manage various natural resources including salmon and
    shellfish. Salmon are the foundation of Tribal cultures, traditions and
    economies in western Washington. To ensure that Tribal treaty rights
    and lifeways are protected, it is essential that the Federal Government
    provide support to all aspects of salmon management including harvest
    planning and implementation (e.g. Pacific Salmon Treaty), hatchery
    production, (e.g. Mitchell Act Hatchery Programs and Hatchery Genetic
    Management Plans) and habitat protection and restoration (e.g. Pacific
    Coastal Salmon Recovery Fund).

    JUSTIFICATION OF REQUESTS

    -- Provide, at a minimum, $70.0 million for NOAA Pacific Coastal Salmon
            Recovery Fund (PCSRF) and preferably restore funding to fiscal
            year 2002 levels ($110.0 million)

        We respectfully request, at a minimum, $70.0 million for PCSRF, an
    increase of $5.0 million over the fiscal year 2021 enacted level. It is
    worth noting that this request is a significant departure from the
    PCSRF peak level of $110.0 million in fiscal year 2002 or subsequent
    years in which budget authority was maintained upwards of $80.0 million
    through fiscal year 2011. We ultimately would like to see PCSRF funding
    fully restored to fiscal year 2002 levels. This level of funding would
    help carry out the original congressional intent of these funds to
    support the Federal Government's obligations to salmon recovery and the
    treaty fishing rights of the Tribes.
        The PCSRF is a multi-State, multi-Tribe program established by
    Congress in fiscal year 2000 with a primary goal to help recover
    dwindling salmon populations throughout the Pacific coast region.
    Through PCSRF, Tribes work collaboratively to help protect and restore
    salmon habitat in an effort to increase natural salmon productivity. To
    accomplish this, Tribes implement scientifically based salmon recovery
    plans developed for each watershed in concert with Federal, State, and
    local partners. Tribes also participate in sustainable harvest
    management activities such as monitoring of fish abundance, which is
    then used to forecast adult returns and subsequently develop annual
    harvest rates that achieve conservation objectives and provide for
    Tribal and non-Tribal harvest opportunities. Since its inception, PCSRF
    has been the primary salmon recovery response. This has resulted in the
    restoration and protection of over 1.1 million acres of spawning and
    rearing habitat and re-established salmon access to more than 11,980
    miles of previously inaccessible streams in our region.

    -- Provide $7.0 million for NOAA Hatchery Genetic Management Plans
            (within Pacific Salmon), including $2.0 million for
            implementation

        We respectfully request $7.0 million to expedite NMFS's review and
    approval of the backlog of western Washington Hatchery Genetic
    Management Plans (HGMPs) and, at a minimum, $2.0 million of that
    funding directed toward implementation of those plans that are now
    approved. We recommend that the Pacific Salmon line be funded at no
    less than $69.0 million, which is $2.0 million above fiscal year 2021
    enacted level of $67.0 million to accommodate these requests, while
    ensuring maintenance of existing programs under this line. We also
    request an explanatory statement clarifying that program funding may be
    used to pass-through to, or contract with Tribes to implement those
    plans that are already approved. Review and approval of HGMPs is
    necessary to provide hatcheries with ESA coverage and implementation of
    the plans is necessary to accomplish their conservation goals.
        NMFS uses the information provided by HGMPs to evaluate the impacts
    of State and tribally operated hatcheries on salmon and steelhead
    listed under the ESA and recommends improvements to operations to meet
    conservation objectives. With the lack of improvement in salmon stocks,
    hatchery operations have become even more important to achieving
    recovery goals and maintenance of salmon fisheries. However, the lack
    of improvement in natural origin salmon has also resulted in
    scrutinizing hatcheries for their potential genetic impacts on natural
    spawning populations. This has resulted in increasingly specific
    performance standards and management expectations included in Tribes'
    HGMPs. Tribes need help addressing the escalating costs of hatchery
    management associated with the monitoring and adaptive management
    practices called for by HGMPs. For example, requirements to closely
    monitor natural and hatchery produced salmon interactions on the
    spawning ground are costly and time-intensive. Therefore, it is
    essential that HGMP funding is increased to address these rising costs
    and that flexibility is provided to ensure that funding can be used to
    implement the plans' recommendations, which both the Federal Government
    and Tribes have extensively invested in.

    -- Provide $43.5 million to implement the National commitments in the
            renegotiated Pacific Salmon Treaty agreements (within NOAA
            Salmon Management Activities)

        We support the Pacific Salmon Commission (PSC) U.S. Section's
    fiscal year 2022 request of $43.5 million within Salmon Management
    Activities, an increase of $4.0 million over the fiscal year 2021
    enacted level of $39.5 million. This line item includes annual
    operational costs of $5,850,000 for Sound Science, $13,460,000 for
    hatchery conservation programs and habitat restoration for Puget Sound
    critical stocks and $5,540,000 to increase prey availability for
    southern resident killer whales.
        The fiscal year 2022 request would support implementation of the
    National commitments in the recently renegotiated Pacific Salmon Treaty
    (PST) Annex Chapters. The recommended funding also helps meet the
    requirements of the biological opinion for listed species and supports
    effective, science-based implementation of negotiated salmon fishing
    arrangements and abundance-based management approaches for Chinook,
    southern Coho, and Northern Boundary and Transboundary River salmon
    fisheries.
        Adult salmon returning to most western Washington streams migrate
    through U.S. and Canadian waters and are harvested by fishers from both
    countries. For years, there were no restrictions on the interception of
    returning salmon by fishers of neighboring countries. Eventually, the
    U.S. and Canada agreed to cooperate on the management of salmon by
    developing and ratifying the PST in 1985. The PSC was created to
    implement the PST and is responsible for developing management
    recommendations and assessing compliance with the treaty. Negotiations
    to revise the provisions of the Annex Chapters were successfully
    completed in 2018 and 2019. These chapters contain the specifics for
    implementing the treaty for each species in each geographic area. These
    revised chapters represent the combined efforts of the participants to
    ensure healthy salmon populations for the next 10 years, and as such
    include commitments from the U.S. to improve current management
    strategies.

    -- Provide $26.5 million for NOAA Mitchell Act Hatchery Programs
            (within Salmon Management Activities)

        We respectfully request $26.5 million for the Mitchell Act Hatchery
    Programs, an increase of $4.5 million over the fiscal year 2021 enacted
    level of $22.0 million. The request for this additional increase in
    Mitchell Act funds is to ensure that mitigation hatcheries operate at
    full production level to meet Federal obligations. This program is
    funded through the Salmon Management Activities subactivity.
        Mitchell Act hatchery production is intended to mitigate for fish
    and habitat loss caused by the Federal hydropower dam system on the
    Columbia River. Funding for these programs supports the operation and
    maintenance of hatcheries that release around 40 million juvenile
    salmon and steelhead in Oregon and Washington. Adequate funding for
    Mitchell Act hatcheries is of particular importance to us because it
    supports salmon production for Tribal treaty harvest along the
    Washington coast. Additionally, adequate funding to ensure full
    production from the Mitchell Act hatcheries dampens the impact of
    Canadian and Alaskan ocean fisheries on Washington and Tribal fisheries
    under the terms of the PST.

    -- Continue to support the NOAA Fisheries Disaster Assistance Program
            with Annual Funding

        We respectfully request Congress's continued support of the
    Fisheries Disaster Assistance Program. This program was not funded in
    fiscal year 2020 and fiscal year 2021 annual appropriations. However,
    the program received $15.0 million in fiscal year 2019 and $20.0
    million in fiscal year 2018. This funding is necessary to implement the
    Department of Commerce's declarations of Tribal fisheries disasters.
    Unfortunately, these disasters are becoming more frequent in light of a
    variety of natural and manmade circumstances beyond the control of
    Tribal fishery managers, which have led to severely depressed stocks
    and/or limited access to fisheries. Our member Tribes are currently
    waiting on requested determinations from the Secretary of Commerce as a
    result of numerous disasters in 2019 and earlier.
        Lack of access to fisheries in 2020 due to the COVID-19 pandemic
    has only exacerbated the economic threats to Tribal fishing fleets.
    CARES Act and other COVID relief funding for fishery participant
    assistance has only covered a fraction of the Tribes' economic impacts
    and is not sufficient to maintain Tribal fishing fleets and food
    security during these difficult times. Forthcoming disasters could
    prove to be the tipping point if assistance is not readily on hand to
    support fisheries. Because of the seasonal nature of fishing, a single
    disaster can have significant impacts on annual revenues forcing
    fishers to drop out of the sector, and therefore sometimes lead to
    diminished fishing fleets. Under the current circumstances, Tribes are
    facing repeated disasters that are devastating to Tribal economies and
    cultures. Therefore, an ongoing, annually funded Fisheries Disaster
    Assistance Program is a much-needed stop gap measure to prevent the
    collapse of this important economic sector during difficult times.
    Providing timely fishery assistance shouldn't be solely based upon the
    passage of disaster relief legislation, but rather it should be
    programmatically funded and on hand to allow NOAA to rapidly respond.
                                   conclusion
        The treaties between the Federal Government and Indian Tribes, as
    well as the treaty-reserved rights to harvest, manage and consume fish
    and shellfish, are the ``supreme law of the land'' under the U.S.
    Constitution (Article VI). It is therefore, critically important for
    Congress and the Federal Government to provide continued support in
    upholding the treaty obligations and carrying out its trust
    responsibilities. An important component of these obligations is to
    fully fund the aforementioned sustainable salmon fisheries management
    programs that provide for improved harvest planning, hatchery
    production and habitat management. We respectfully urge you to continue
    to support our efforts to protect and restore our treaty-reserved
    rights and natural resources that in turn will provide for thriving
    economies for both Indian and non-Indian communities alike. Thank you.

        [This statement was submitted by Lorraine Loomis, Chairperson.]
                                     ______

                  Prepared Statement of the Ocean Conservancy
         fiscal year 2022 appropriations for the national oceanic and
                           atmospheric administration
        Thank you for this opportunity to provide Ocean Conservancy's
    Fiscal Year 2022 (FY 2022) funding recommendations for the National
    Oceanic and Atmospheric Administration (NOAA). Ocean Conservancy has
    worked for 50 years to address threats to the ocean through science-
    based, practical policies that protect our ocean and improve our lives.
        We greatly appreciate the subcommittee's efforts to ensure a
    positive outcome for NOAA in the fiscal year 2021 omnibus, which made
    important investments in NOAA programs, including the National Marine
    Fisheries Service, the Marine Debris Program, and the Regional Ocean
    Data Portals.
        The Biden administration's proposed budget makes historic
    investments in NOAA, providing a $1.4 billion increase in agency
    funding, including an additional $800 million to expand climate-related
    services and a $500 million increase for satellites and forecasting
    technologies. We support President Biden's request for NOAA and urge
    Congress to appropriate at least this level of funding for the agency.
        NOAA's mission to understand, protect, restore, and manage our
    ocean, coasts, and Great Lakes is vitally important as we mitigate and
    adapt to the impacts of climate change and responsibly build our blue
    economy. Our ocean and coastal communities are at the frontlines of
    climate change. Many of these communities--particularly those whose
    residents are black, indigenous, and people of color--have
    disproportionately experienced these impacts over the course of
    history. Sea level rise, coastal flooding, ocean acidification, and
    increased ocean temperatures are all impacting our coastal residents
    and their ability to safely work and enjoy our ocean and coasts. These
    impacts are also affecting our marine species, from fish to whales and
    sea turtles, as well as the habitat they rely upon. Robust funding is
    needed to continue to understand the impacts of climate change and
    provide resources for local communities to better adapt and mitigate
    changes in our ocean and coast.
        The U.S. blue economy contributes $373 billion annually to the
    Nation's GDP and supports 2.3 million jobs, with nearly half of that
    impact coming from tourism, recreation and fisheries. A healthy and
    resilient ocean is vital to maintain and grow our coastal economies and
    communities. As climate change, however, causes sea levels to rise,
    altering our coasts and significantly damaging our infrastructure, and
    as marine species leave their historic grounds, we risk losing these
    substantial drivers of our coastal economy.
        Some of NOAA's most successful programs work to provide resources
    and decision-making authority to regions, States, and local communities
    to ensure a bottom up approach to solving the issues these communities
    face today. NOAA is providing leverage for hardworking people on the
    coast and on the water who are building resilience to climate change
    and fighting for a stronger blue economy through region-by-region
    fishery management, region-specific programs, extramural funding that
    supports State agencies and universities, place-based conservation in
    our estuaries and oceans, and more.
        As you craft the fiscal year 2022 spending bills, we ask that you
    consider the balance between NOAA's oceanic and atmospheric missions
    and the nexus between the two. Americans should not have to choose
    between weather forecasts and ocean and coastal resources like
    fisheries, coral reefs and marine mammals. Frequently, these aspects of
    NOAA's mission interact with each other, as well as other agencies, to
    enhance the outcome of their mission. For example, ocean observations
    and monitoring provide critical information for climate monitoring,
    severe storm tracking and weather forecasting. Ocean programs also
    facilitate homeland security and national defense functions, including
    U.S. Navy operations and U.S. Coast Guard search and rescue missions.
        We offer the following recommended funding levels and
    justifications for certain critical NOAA programs and activities.

    ------------------------------------------------------------------------
                                       Fiscal Year 2021    Fiscal Year 2022
      Account, Program or Activity          Enacted         Recommendation
    ------------------------------------------------------------------------
                                                          ..................
         Operations Research and

    National Ocean Service:

        Coastal Science, Assessment,  $9 m..............  $18 m
         Response and Restoration:
         Marine Debris.
        Coastal Zone Management and   $2.5 m............  $10 m
         Services: Regional Ocean
         Data Portals.
        National Marine Sanctuaries.  $56.5 m...........  $84.5 m
        National Estuarine Research   $28.5 m...........  $42.5 m
         Reserves.
        IOOS Regional Observations..  $40.5 m...........  $69.5 m

    National Marine Fisheries         $964.862 m........  $1,197 m
     Service.

        Fisheries Science and         $175.927 m........  $206 m
         Management: Fisheries Data
         Collections, Surveys and
         Assessments.
        Fisheries Science and         $146.927 m........  $170.6 m
         Management: Fisheries and
         Ecosystem Science Programs
         and Services.
        Regional Councils and         $41.500 m.........  $45.650 m
         Fisheries Commissions.

    Office of Oceanic and
     Atmospheric Research

        Integrated Ocean              $15.5 m...........  $22 m
         Acidification.
        National Sea Grant College    $75 m for Sea       $130.6 m total,
         Program.                      Grant and $13 m     with $115.6 m for
                                       for aquaculture.    the National Sea
                                                           Grant College
                                                           Program and $15 m
                                                           for Sea Grant
                                                           Aquaculture.
    ------------------------------------------------------------------------

    Marine Debris--$18 million
        Marine debris, particularly plastic waste pollution, is one of the
    biggest pollution problems threatening the world's oceans and
    waterways. An estimated 150 million metric tons of plastic waste are in
    the ocean today, and every year an estimated 8 million metric tons more
    are being added. Without immediate intervention, 250 million metric
    tons of plastic waste could be in the ocean in fewer than 10 years.
    Marine debris has serious effects on the marine environment and the
    economy. It impacts wildlife through entanglement, ingestion and ghost
    fishing and also impacts marine transportation, causing navigational
    hazards and vessel damage. In 2018, Congress reauthorized NOAA's Marine
    Debris Program via the Save Our Seas Act, which enjoyed broad
    bipartisan support in both chambers. In 2020, Congress again
    reauthorized NOAA's Marine Debris Program through the bipartisan Save
    Our Seas Act 2.0, which increased the responsibilities of the Marine
    Debris Program. We request $18 million for the program, consistent with
    the President's budget, to allow the agency to meet the current
    challenge of marine debris.
    Regional Ocean Data Portals--$10 Million
        Regional Ocean Data Portals are publicly available online tools
    that disseminate maps, data, and information to inform decisions and
    enhance entrepreneurial opportunities. They are managed by Regional
    Ocean Partnerships, which provide interagency engagement with States,
    Tribes, localities, and Federal agencies to collaborate on cross-
    jurisdictional ocean and coastal matters. These partnerships also
    coordinate and engage ocean and coastal stakeholders, including
    academia, non-governmental organizations, and industry. Regions are
    sufficiently underfunded to address the most pressing management and
    data integration challenges, and Federal funding is currently split
    among the four Regional Ocean Partnerships and their nine functional
    equivalents, which totals nine regions. Appropriating $10 million would
    provide a necessary boost that will allow regions to better address
    ocean and coastal management needs.
    National Marine Fisheries Service--$1.197 Billion
        Fisheries are an important part of our Nation: fishing feeds us,
    supports coastal communities, connects us to the ocean and sustains
    vibrant cultures. Fish and the fisheries they support, however, are
    experiencing the impacts of climate change. Rapidly changing ocean
    conditions are disrupting where fish are found, what they can eat,
    where they can live, and how many fish there are. There is an urgent
    need to move towards climate-ready fisheries--fisheries that prioritize
    sustainability, resilience and equity in the context of rapid changes
    and increased uncertainty associated with climate change. There is a
    clear path forward: the agency must work to accelerate research on
    climate change impacts to fisheries, increase the adoption of proven
    tools and approaches for managing with change, and take steps to
    provide information and analysis that can help managers incorporate
    this understanding into decision-making. This requires investments to
    be made across programs at NMFS to ready our fisheries for climate
    change. Programs such as the Integrated Ecosystem Assessment and others
    work to better understand how changes are affecting marine resources
    and develop products to enhance the scientific advice provided to
    managers. Additional funding could enable more engagement by NMFS with
    the Fishery Management Councils and greater ability to enact climate-
    ready management. To manage for the impacts of climate change on our
    fisheries, we request $1.197 billion for NMFS, consistent with the
    President's budget.
    Integrated Ocean Acidification--$22 million
        The Integrated Ocean Acidification line item funds NOAA's ocean
    acidification program (OAP), which was established and mandated by the
    Federal Ocean Acidification Research and Monitoring (FOARAM) Act of
    2009. Ocean acidification (OA) is the rise in acidity of the earth's
    ocean caused by uptake of carbon dioxide from the atmosphere. This
    rising acidity makes it harder for shell-forming species such as
    oysters and crabs to grow, and fundamentally alters many other
    processes (e.g., reproduction, risk avoidance) necessary for healthy
    ecosystems and the coastal industries that depend on them. Prior
    Federal investments in OAP have greatly expanded our knowledge of ocean
    acidification and its risks to coastal communities and industries, but
    current funding levels are not at the scale needed to understand this
    global problem and its impacts. We request $22 million for this
    program.
    Marine Operations and Maintenance
        Marine operations and maintenance should be funded at $193.9
    million, consistent with the President's budget. Days at sea funded by
    this line are functionally tied to fishery stock assessments, and the
    two programs must be viewed together.
        Thank you again for the opportunity to provide this testimony in
    support of robust funding for NOAA.

        [This statement was submitted by Reggie Paros, Director, Government
    Relations.]
                                     ______

                       Prepared Statement of OpenSecrets
        Dear Chairman Shaheen, Ranking Member Moran, and distinguished
    Members of the Senate Appropriations subcommittee on Commerce, Justice
    and Science, and Related Agencies.
        Thank you for the opportunity to submit written testimony before
    the Committee to discuss fiscal year 2022 budget priorities regarding
    the modernization of the Foreign Agents Registration Act (FARA), a
    statute intended to inform the American public of foreign influence and
    lobbying operations attempting to impact U.S. policy or public opinion.
        This written testimony is respectfully offered on behalf of
    OpenSecrets to the Committee for use during its consideration of
    Department of Justice funding and for inclusion in the official
    committee record.
        OpenSecrets is a nonpartisan nonprofit research organization
    tracking money in U.S. politics and its effect on elections and public
    policy. Our vision is for Americans across the ideological spectrum to
    be empowered by access to clear and unbiased information about money's
    role in the U.S. political system and to use that knowledge to
    strengthen our democracy.
        Activities of foreign agents and lobbyists divulged under FARA are
    a subject of sustained public interest. In this testimony, we
    respectfully request that the Committee include report language
    directing a review of the U.S. Department of Justice's implementation
    of FARA and a comprehensive audit of the use of the Lobbying Disclosure
    Act (LDA) exemption that will both be publicly accessible.
        A publicly-accessible report to Congress is necessary to evaluate
    the feasibility and steps needed to require all filings by foreign
    agents to be made in an electronic, machine-processable electronic
    format yielding structured data. This would allow users to search and
    sort or download FARA data, ensuring the same level of accountability
    from lobbyists representing foreign interests as domestic ones.
        Despite recommendations from the Department's Inspector General and
    outside experts, the Justice Department has been slow to implement
    changes to improve the public's access to information about foreign
    influence and lobbying intended to impact U.S. policy or public
    opinion.
        In September 2019, the Department of Justice launched new features
    enabling registrants to submit data through a web-form yielding some
    standardized data. While we believe this is a step in the right
    direction, only initial registrations are required to be submitted this
    way, so information reported in some of the most important records such
    as semi-annual supplemental statements may remain trapped in less
    accessible formats.
        Continuing implementation of a modernized FARA reporting system
    that collects detailed structured data would provide the tools
    necessary for better oversight and ensure information about foreign
    influence is provided in an accurate, complete, and timely manner.
        Using web-forms or submitting data in other structured formats
    across the board would allow the government to provide this information
    in an accessible form with little or no additional burden. FARA
    reporting is already conducted through an e-filing system that requires
    a web browser unless a registrant demonstrates limited access to the
    internet. Modernizing FARA's e-filing system can ultimately help ease
    the administrative burden associated with FARA registration.
        The current system requires FARA filers to electronically submit
    information in most forms, including semi-annual supplemental
    statements that contain activities and receipts, using images or PDFs
    even though many of the records are originally produced in electronic
    formats such as CSV files. Image and PDF formatted files destroy
    critical aspects of the data included in the original formats and
    cannot be marked for sensitive information or used for automated
    calculations. Essential information about foreign lobbying activities
    remains locked away in hard-to-digest image files that complicate the
    process of publishing FARA information in a machine-readable format.
    Even the basic disclosure of how much money foreign actors spend to
    influence U.S. policy and public opinion is obscured, leaving the
    American public in the dark about how our laws are shaped and
    influenced.
        FARA also has a number of exemptions that can be misunderstood or
    exploited.
        One commonly used exemption enables some foreign agents to claim an
    exemption from FARA registration and disclosure rules if they register
    as lobbyists under the LDA, a disclosure statute designed to regulate
    the activities of domestic lobbyists.
        Any individuals lobbying on behalf of a foreign commercial
    interest, rather than a foreign government or political party, may
    evade FARA disclosure requirements by merely registering under the LDA.
        Domestic lobbying records are already required to be filed to
    Congress electronically and are immediately converted to structured
    data that are available to the public over the Internet. More parity
    between disclosure requirements under the LDA and FARA is necessary to
    ensure at least the same level of transparency from lobbyists
    representing foreign interests as domestic ones.
        We respectfully urge the Committee to direct the Comptroller
    General of the United States, in consultation with the Inspector
    General of the Department of Justice, to conduct a comprehensive audit
    of the use of the LDA exemption examining (1) whether the LDA exemption
    has contributed to a decline in the number of registrations under FARA;
    (2) whether the LDA exemption has contributed to a lack of public
    awareness of lobbying activities on behalf of foreign entities; (3) the
    impact and feasibility of phasing out the LDA exemption; and (4) how to
    develop policy recommendations for increasing compliance with Federal
    lobbying registration and disclosure requirements.
        We are confident that the report will provide valuable insight to
    the American people and pave the way to increased transparency of the
    activities disclosed by those foreign agents. We urge you to
    appropriate the funding necessary to evaluate modernizing this
    invaluable resource.
        Our recommendations are based on our experiences using FARA,
    including efforts to republish FARA data online in ways that support
    greater access and meaningful analysis. OpenSecrets built the Foreign
    Lobby Watch database containing foreign lobbying documents and data.
    Our reviews of the DOJ's available foreign lobbying records found
    significant problems with how the data is currently structured.
        We've designed our databases to make up for some of the shortfalls
    in how foreign lobbying information is currently made available to the
    public. Structured data directly from the government could streamline
    this process, improving the quality, utility, and clarity of the
    information collected by the FARA Unit.
        Thank you for your attention to our concerns on this critical
    issue. We would welcome the opportunity to work with you further on
    this issue and make any additional recommendations about this or other
    important issues before the Committee.

        [This statement was submitted by Anna Massoglia.]
                                     ______

                Prepared Statement of the Pew Charitable Trusts
    Chair Jeanne Shaheen
    Ranking Member Jerry Moran
    Subcommittee on Commerce, Justice, Science, and Related Agencies
    Senate Committee on Appropriations

        Chairwoman Shaheen and Ranking Member Moran, we appreciate the
    opportunity to provide public comments on fiscal year 2022
    appropriations. Over the past year, agencies and departments across the
    Federal Government implemented proactive policies and programs in
    response to the pandemic. As the committee begins the process of
    determining next fiscal year's funding levels, it is important that the
    agencies and departments levels include funding for the collection,
    evaluation, and analysis of data and programs.
        The Pew Charitable Trusts Civil Legal System Modernization project
    works to support efforts to deliver a more accessible and effective
    civil legal system. We'd like to take this opportunity to highlight the
    importance of collecting and reporting State civil legal system data to
    inform Federal policy.
        As the country continues to respond to and recover from the
    pandemic, our Nation's civil legal system will continue to face
    strains, both in adapting to changing environments and increasing
    caseloads. With the growing number of evictions and foreclosures
    exacerbated by the COVID-19 pandemic, and the CDC's current moratorium
    on evictions, as well as rising debt in collections, State civil courts
    have developed a variety of approaches to manage what will likely
    become a tsunami of court cases that will have long-lasting financial
    consequences for millions of Americans.
        By passing the Foundations for Evidence-based Policymaking Act,
    Congress not only showed the importance of data collection, but also
    how it can play a critical role in developing Federal policies. For
    example, identifying the rate of eviction case filings could inform CDC
    decisions related to the cessation or extension of the Federal eviction
    moratorium. Likewise, a better understanding of the scope of debt
    collection lawsuits could facilitate rule-making at the Consumer
    Financial Protection Bureau. More immediately, State court data could
    help the CFPB evaluate the efficacy of its new rule requiring debt
    collectors in eviction cases to inform tenants of their rights under
    the CDC moratorium.
        Prior to the pandemic, there was already a lack of data and
    transparency surrounding our civil court system. A Pew report found
    that 38 States do not report on the number of debt cases in their civil
    legal systems and only two provide data on the number of default
    judgments. Though there is no comprehensive analysis of State court
    data on housing cases, we anticipate a similar lack of data. While it
    has a mandate to collect and analyze civil justice data, the last
    national study conducted by the Bureau of Justice Statistics was done
    in 2005. This subcommittee can play an important role in better
    understanding the impact of the civil justice system on Americans as
    evictions and debt lawsuits loom.
        Thank you again for the opportunity to comment.

        [This statement was submitted by Erika Rickard, Project Director,
    Civil Legal System Modernization.]
                                     ______

    Prepared Statement of the Population Association of America/Association
                             of Population Centers
      fiscal year 2022 appropriations for the census bureau and national
                               science foundation
    The Honorable Jean Shaheen, Chair and The Honorable Jerry Moran,
    Ranking Member:

        Thank you, Chair Shaheen and Ranking Member Moran, and other
    distinguished members of the subcommittee, for this opportunity to
    express support for the Census Bureau and the National Science
    Foundation (NSF). These agencies are important to the Population
    Association of America (PAA) (www.populationassociation.
    org) and Association of Population Centers (APC), because they provide
    direct and indirect support to population scientists and the field of
    population, or demographic, research overall. In fiscal year 2022, we
    urge the subcommittee to provide the Census Bureau with $2 billion,
    which is approximately $600 million above the Administration's request.
    In addition, PAA and APC support $10 billion for the National Science
    Foundation (NSF), consistent with the recommendation of the Coalition
    for National Science Funding, which largely reflects the
    Administration's fiscal year 2022 request.
        The PAA and APC are two affiliated organizations that together
    represent over 3,000 social and behavioral scientists and the nearly 40
    population research centers that receive Federal funding and conduct
    research on the implications of population change. Its members, which
    include demographers, economists, sociologists, and statisticians,
    conduct scientific and applied research, analyze changing demographic
    and socio-economic trends, develop policy and planning recommendations,
    and train undergraduate and graduate students. Their research expertise
    covers a wide range of issues, including adolescent health and
    development, aging, health disparities, immigration and migration,
    marriage and divorce, education, social networks, housing, retirement,
    and labor. Population scientists compete for funding from the NSF and
    rely on data produced by the Nation's statistical agencies, including
    the Census Bureau, to conduct research and research training
    activities.
                               the census bureau
        The Census Bureau is the premier source of data regarding U.S.
    demographic, socio-economic, and housing characteristics. While PAA/APC
    members have diverse research expertise, they share a common need for
    access to accurate, timely data about the Nation's changing socio-
    economic and demographic characteristics that only the U.S. Census
    Bureau can provide through its conduct of the decennial census,
    American Community Survey (ACS), and a variety of other surveys and
    programs.
        PAA and APC understand that the Census Bureau's funding level
    declines dramatically in the initial years of the decennial planning
    cycle, and the Administration's request reflects, appropriately, this
    anticipated decrease in funding. Nonetheless, PAA and APC urge the
    subcommittee to support increased funding for the Census Bureau in
    fiscal year 2022 above the Administration's request. In fiscal year
    2022, Congress has a unique opportunity to initiate multi-year funding
    for the Bureau, providing the agency with resources that it needs to
    not only sustain and strengthen its mission, but also to recover from
    years of postponed enhancements and pursue numerous necessary
    operational improvements. The ambitious fiscal year 2022 funding
    recommendation ($2 billion) that census stakeholders are supporting
    would enable the Bureau to purse, among other things, the following
    initiatives:

        Modernizing the Bureau's data infrastructure.--The Census Bureau
    needs to harness currently available Big Data technology and
    methodology to reduce respondent burden and realign the Bureau's
    already-existing data from multiple sources into universal ``frames.''
    A significant increase in funding for the Census Frames initiative,
    which was only funded at about $12.7 million in fiscal year 2021, will
    allow the Census Bureau to reduce duplication, increase ease and
    usability of Federal statistical data, enhance the quality of Bureau
    products, facilitate analysis of the U.S. population and economy, and
    ensure that the Federal Government can utilize administrative data,
    responsibly and appropriately, to maximum advantage before burdening
    survey respondents.
        Enhancing the American Community Survey (ACS).--ACS data are an
    invaluable resource that data users, including population scientists,
    rely on throughout the decade to make key investment and policy
    decisions as well as to conduct applied and scientific research and
    evaluate programs. The Bureau also needs to continue to use the ACS
    ``as a testbed for innovative survey and data processing techniques,''
    as Congress directed in fiscal year 2021. Funding for the ACS has
    remained relatively stagnant in recent years, including a little over
    $226 million in fiscal year 2021. The Bureau needs additional funding
    (no less than $45 million to increase the sample size by at least 1
    million households) to properly plan and execute an expansion of the
    ACS, beginning in fiscal year 2022.
        Stabilizing and increasing funding for Survey of Income and Program
    Participation (SIPP).--After multiple COVID-19 relief bills,
    policymakers and scientists need to understand how the individual
    provisions in these supplemental appropriations measures assisted (or
    failed to assist) families and communities. The Survey of Income and
    Program Participation (SIPP) is designed to achieve that goal, yet its
    funding has fluctuated routinely. Stabilizing and increasing support
    for SIPP, to no less than $48 million in fiscal year 2022, will help
    Congress make evidence-based policy decisions on the effectiveness of
    government assistance programs. Additional funding for SIPP could be
    reinvested to address long term erosion of the survey's funding and
    response rates, putting that money toward increased non-response follow
    up.
        Extending Pulse Surveys.--The Bureau's ``Pulse Surveys'' have
    provided timely data regarding the economic, social, and health effects
    of COVID-19 on U.S. communities and businesses. The surveys have
    attracted support from other Federal agencies that have requested to
    add questions and collaborated with the Census Bureau to produce the
    surveys. The Census Bureau needs no less than $6 million in fiscal year
    2022 to sustain and expand this innovation that provides much more
    timely data on current economic and social issues. Additional funding
    could be used to further expand the success of this novel program.
        Completing the 2020 Census.--Additional funding is necessary to
    complete delayed final assessments and evaluations of the 2020 Census
    and to release all remaining data products.
        Initiating the 2030 Census.--PAA and APC support the Census
    Bureau's proposal to accelerate planning for the 2030 Census by
    initiating a research and testing program to pursue innovations, early
    in the decennial planning cycle, including improvements to the address
    list, evaluations to assess the appropriateness of using administrative
    records in the enumeration process, and strategies for making field
    operations more efficient.
        In sum, PAA and APC join other census stakeholders in urging the
    subcommittee to provide the Census Bureau with $2 billion in fiscal
    year 2022 to complete all 2020 Census operations and data delivery
    objectives; enhance the ACS, including plans to increase the survey's
    sample size; initiate planning for the 2030 Census; improve the SIPP;
    extend and expand the Pulse Surveys and improve the quality and
    granularity of all census data sets. Further, PAA and APC urge the
    subcommittee to exercise its oversight authority and ask questions
    about the agency's proposed budget restructuring proposal, especially
    as it affects the status and integrity of the ACS.
                       national science foundation (nsf)
        For over 75 years the mission of NSF has been to promote the
    progress of science; to advance the National health, prosperity, and
    welfare; and to secure the National defense. Understanding the
    implications of complex population dynamics is vital to the agency's
    mission. The Directorate of Social, Behavioral and Economic (SBE)
    Sciences is the primary source of support for the population sciences
    within the NSF. The Directorate funds critical large-scale longitudinal
    surveys, such as the Panel Study of Income Dynamics, that inform
    pressing policy decisions and provide the empirical evidence to help
    policy makers to formulate effective decisions. It also has
    participated in cross-cutting, interdisciplinary initiatives of
    interest to population scientists, such as the Coastlines and People
    program, which supports research on the implications of climate change
    on populations, and Mid-scale Infrastructure--two areas of emphasis
    among the agency's research priorities.
        NSF is the funding source for over 20 percent of all federally
    supported basic research conducted by America's colleges and
    universities, including basic behavioral and social research. Moreover,
    the SBE Directorate funds approximately 67 percent of basic,
    university-based social and behavioral sciences research in the Nation.
        PAA and APC, as members of the Coalition for National Science
    Funding (CNSF), applaud the Administration's proposed NSF fiscal year
    2022 budget request, $10.2 billion, which represents a nearly 20
    percent increase in funding over the fiscal year 2021 enacted level.
    Moreover, the budget request envisions an allocation for SBE that would
    grow by approximately 13 percent, reflecting, we believe, a recognition
    that not only has SBE's funding stagnated vis-a-vis other directorates,
    but more importantly that SBE related research offers significant
    contributions to scientific progress. We continue to support the
    Committee's longstanding practice of not stipulating specific funding
    levels for individual NSF directorates; however, it is helpful to
    understand the Administration's views on research priorities, and in
    this instance we concur.
        We are also aware of the growing consensus within Congress and the
    Administration around the concept of establishing a new directorate
    within NSF that would support translational research, emerging
    technologies and public-private partnerships. We hope that the
    Committee will ensure that a new directorate will be funded through an
    expansion of NSF's footprint and budget-and not through siphoning
    resources from other research directorates. We note that the budget
    request includes a reprogramming of funds from existing NSF initiatives
    that would be transferred to the new directorate, but also requests new
    spending for the majority of the new directorate's budget.
        We urge Congress to accelerate the growth of NSF's budget by
    providing NSF with at least $10 billion in fiscal year 2022. The
    funding level will enable the NSF SBE Directorate to continue its
    support of social science surveys and a robust portfolio of population
    research projects. The NSF also continues to focus on interdisciplinary
    research initiatives, recognizing that social and behavioral science
    contributes to many critical areas of research. For example, the Mid-
    scale Infrastructure program is currently funding broad-scale, sensor-
    based data collection projects that represent collaborations among
    population scientists and computer scientists. Increased funding in
    fiscal year 2022 will allow NSF to continue funding the most promising
    grant applications and reduce the number of high caliber proposals that
    are rejected solely for lack of sufficient funds.
        Thank you for considering our requests and for supporting Federal
    programs that benefit the population sciences under the subcommittee's
    jurisdiction.

        [This statement was submitted by Mary Jo Hoeksema, Director,
    Government and Public Affairs.]
                                     ______

         Prepared Statement of the Regional Information Sharing Systems
        Information sharing and officer and citizen safety are top
    priorities of law enforcement leaders. For more than 47 years, law
    enforcement officers and criminal justice professionals have turned to
    and grown to rely on a nationally recognized and respected program
    known as the Regional Information Sharing Systems (RISS). RISS is a
    proven resource for law enforcement. It is difficult to place a dollar
    amount on RISS's return on investment because it not only helps law
    enforcement detect, deter, and resolve criminal investigations, RISS
    helps keep officers and citizens safe, while ensuring that privacy and
    civil liberties are protected. RISS is a leader in secure information
    sharing and investigative case support and has enabled an unprecedented
    level of collaboration among all levels of law enforcement. Our Nation
    and communities face threats every day--from national security to the
    opioid and methamphetamine epidemic, from violence against women and
    sex trafficking to property and financial crimes, and from cybercrime
    to identity theft. RISS offers quality and evidence-based support to
    law enforcement agencies and communities; often agencies cannot obtain
    these services and resources anywhere else. It is critical that RISS be
    sustained and expanded. It is respectfully requested that RISS be
    funded in fiscal year 2022 at $48 million.
        RISS is composed of six regional centers and the RISS Technology
    Support Center (RTSC). RISS is locally managed by policy board members
    consisting of police chiefs, sheriffs, commissioners, and other law
    enforcement leaders in each RISS Center's multistate region. An
    Executive Director operates each RISS Center. The RTSC is RISS's
    nationwide technology operation and maintains, operates, and enhances
    RISS's secure infrastructure and applications. The RISS Centers work
    regionally and nationwide to respond to each region's unique crime
    problems while working together on a nationwide basis to strengthen and
    advance criminal justice priorities. RISS is a trusted, secure, and
    cost-effective program law enforcement agencies and officers utilize
    to:

      --Share critical law enforcement and intelligence data across
            jurisdictions.
      --Access case and analytical services that help solve crimes and
            prosecute offenders.
      --Prevent friendly fire and safeguard the men and women protecting
            our streets.
      --Preserve the integrity of operations and protect citizens and
            communities.
      --Equip officers and criminal justice professionals with training,
            technical assistance, and research.

        RISS receives hundreds of shared success stories from officers
    showcasing how RISS services and resources help law enforcement efforts
    in the field. To read example successes from each State, visit
    www.riss.net/Impact.

        Investigative Case Support: RISS provides investigative and
    analytical services, training, publications development, and
    investigative research, including the following:

      --Analytical services, such as cell tower mapping, link charts, 2D
            and 3D crime scene diagrams, telephone-toll analysis, financial
            analysis, digital forensics, and audio/video enhancements.
      --Intelligence and investigative research, which helps identify
            suspect addresses, monikers, criminal associates, and other
            investigative information.
      --Specialized equipment, such as cameras, recorders, and other
            devices.
      --Technical support through RISS's field services staff and field-
            based solutions.
      --Training opportunities on topics such as investigative techniques
            and emerging crime. Examples include Advanced Search Technique:
            Hidden Compartment; Courtroom Testimony; Financial Crimes
            Against Seniors; Basic Crash Investigations; Narcotics and
            Counterfeit Goods; Death Investigations; and Unemployment
            Fraud.
      --Law enforcement briefings and publications, such as Global
            Pandemic-Implications on the Drug Trade and the Drug
            Concealment Report: Traffickers' Unusual Places.

        RISS has set and achieved evidence-based goals since its inception.
    Below are some highlights of RISS's fiscal year 2020 results and
    productivity.

      --Developed 20,924 analytical products.
      --Loaned 2,752 pieces of specialized equipment.
      --Responded to 47,363 requests for research and technical assistance.
      --Sponsored or cosponsored 749 training opportunities and helped
            train 33,119 individuals.
      --Provided access to more than 60.9 million investigative records to
            authorized personnel.
      --Enabled users to conduct more than 4.5 million inquiries to RISS
            resources.

        Secure Information and Intelligence Sharing: RISS integrates
    advanced technology and field-based solutions that connect systems and
    officers across jurisdictions.
        The RISS Secure Cloud (RISSNET) provides a system of systems
    concept, connecting networks and databases, providing bidirectional
    information sharing, and offering a single search of connected systems.
    RISSNET provides access to hundreds of resources and millions of
    records. Many of these systems are owned and operated by RISS partners,
    who use RISSNET to securely share information with a broader and vetted
    law enforcement community. RISS has also developed and maintains
    resources accessible via RISSNET, such as the:

      --RISS Criminal Intelligence Database (RISSIntel).--Provides for a
            real-time, online federated search of connected systems;
            adheres to 28 Code of Federal Regulations Part 23.
      --RISSLeads Investigative Website.--Facilitates multijurisdictional
            information sharing.
      --Law Enforcement Secure Hosted Websites.--Provide partners a
            solution to securely share information and materials with
            specific groups or partners.
      --RISS Property and Recovery Tracking System (RISSProp).--Houses
            pawn, secondhand, and other shop transactions to enable
            officers to identify and return stolen property and identify
            other related criminal activities.
      --RISS Master Telephone Index (MTI).--Compares and matches telephone
            numbers in law enforcement investigations.
      --RISS Money Counter Network (MCN).--Stores currency serial numbers
            compared to currency submitted by officers in previous cases.
      --Drug Pricing Reference Guide.--Enables officers to search for
            comparable prices on narcotics; serves as a price guide when
            assessing the value of seizures and contraband; and identifies
            supply, demand, and popularity trends within the drug market.

        Below are examples of RISS technology-related accomplishments
    during fiscal year 2020.

      --Designed, developed, and began deploying the next generation of
            RISSIntel. The new RISSIntel is housed in the secure government
            cloud, provides advanced features and functionality, and
            contains a new infrastructure and user interface.
      --Connected intelligence systems to RISSIntel and enabled
            bidirectional sharing of information among more than 75 RISS
            and partner intelligence databases.
      --Migrated RISSNET resources to a cloud environment and further
            enhanced security.
      --Advanced the use of RISSProp to support organized retail crime
            investigations and launched application enhancements. RISSProp
            has helped recover more than $8 million in property since its
            inception.
      --Leveraged RISSafe Watch Centers to support nationwide threat-to-
            life tips and leads.
      --Enhanced and expanded the use of the RISS MTI and the RISS MCN.

        RISS streamlines processes, increases information sharing and
    officer access to critical data, enhances officer and community safety,
    and advances important technology solutions.

        Deconfliction: RISS provides officer safety event deconfliction.

        Event deconfliction helps support and protect law enforcement
    officers in a variety of ways. Officers partaking in high-risk
    operations enhance their personal safety and the safety of those around
    them, and they identify operational conflicts and collaborate with
    other law enforcement agencies and officers. It also safeguards
    community members, helps ensure operational integrity, strengthens
    information sharing, helps reduce risk and liability, and builds
    community confidence. Officers can leverage each other's information
    and successfully apprehend criminals. Event deconfliction helps prevent
    ``friendly fire'' and helps solve investigations.
        The RISS Officer Safety Event Deconfliction System (RISSafe)
    supports law enforcement personnel who are conducting an event near one
    another at the same time. When certain elements are matched between two
    or more events, a conflict results. Immediate notification is then made
    to the affected agencies or personnel regarding the identified
    conflict. Since RISSafe's inception, more than 2.2 million operations
    have been entered into RISSafe, resulting in more than 506,000
    identified conflicts. Without identifying these conflicts, officers may
    have interfered with another agency's or officer's investigation, links
    between cases may have been lost, or officers or citizens may have been
    unintentionally hurt or killed. RISSafe is accessible on a 24/7/365
    basis and is available at no cost to all law enforcement agencies.
    Currently, 29 RISSafe Watch Centers are operational, 23 of which are
    operated by organizations other than RISS.

        Partnerships and Collaboration: At the heart of police work is
    collaboration. RISS helps connect agencies and officers at every level
    and constantly seeks and strengthens partnerships with criminal justice
    associations, professional groups, and Federal partners. Example
    partnerships include the following:

      --Federal Bureau of Investigation (FBI)
      --FBI's Law Enforcement National Data Exchange (N-DEx)
      --High Intensity Drug Trafficking Areas
      --National Fusion Center Association
      --National Motor Vehicle Title Information System
      --Nlets-The International Justice and Public Safety Network
      --Office of the Director of National Intelligence
      --U.S. Attorneys' Offices
      --U.S. Department of Homeland Security
      --U.S. Department of Justice

        RISS Funding Increase in Fiscal Year 2022: RISS helps save agencies
    money and time and produces results. With increased funding, RISS can
    continue to provide its current programs while maximizing and expanding
    its secure infrastructure, proven services, and trusted partnerships.
    With increased funding at $48 million, RISS will support the following:

      --Expand the new RISSIntel to law enforcement agencies and connect
            additional systems.
      --Expand access to RISSafe, including agencies and users in rural and
            Tribal communities.
      --Expand RISSafe's 24/7/365 coverage and establish additional RISSafe
            Watch Centers.
      --Enhance the RISS Officer Safety Website and develop training
            videos, publications, and other materials.
      --Increase support for the WSIN RISS Center's threat-to-life endeavor
            and facilitate fusion center involvement.
      --Expand RISSProp to other regions and agencies and expand the RISS
            MCN by connecting additional money counter machines.
      --Replace or obtain new equipment, including protective gear for law
            enforcement personnel.
      --Expand the ability for small and rural agencies to access
            sophisticated, up-to-date investigative tools and equipment.
      --Leverage Federal and nationwide partnerships to expand information
            sharing capabilities and available resources to officers and
            law enforcement personnel.
      --Expand the MAGLOCLEN RISS Center's school safety action response
            plans initiative.
      --Build on RISS's investigative support services and resources to
            further aid law enforcement efforts to combat the opioid,
            methamphetamine, and heroin crisis.

        The year 2020 was challenging for everyone. As our Nation's
    leaders, you have many critical topics to address and resolve moving
    ahead. Your leadership and support are valued and appreciated. Your job
    is hard. Our men and women in uniform also face challenges every day. A
    program like RISS helps them by providing resources, training, and
    information. RISS helps keep them safe. Our nation should continue to
    invest in and support the RISS Program.
        It would be counterproductive to require local and State RISS
    members to self-fund match requirements or reduce the Bureau of Justice
    Assistance discretionary funding. RISS cannot make up the decrease in
    funding that a match would cause, for it has no revenue source of its
    own. RISS is grateful for the opportunity to provide this testimony at
    your request and appreciates your ongoing support. For additional
    information, visit www.riss.net.

        [This statement was submitted by Donna Williams, Chair, RISS
    National Policy Group.]
                                     ______

                     Prepared Statement of Research!America
      fiscal year 2022 appropriations for the national science foundation
        Research!America appreciates the opportunity to submit testimony
    for the record. We are the Nation's largest nonprofit alliance
    advocating for science, discovery, and innovation to achieve better
    health for all. We greatly appreciate the subcommittee's dedicated
    stewardship over funding for such critical priorities as the National
    Science Foundation (NSF). As you consider fiscal year 2022 allocations,
    we request that NSF receive at least $10.2 billion, an increase of 20
    percent, in fiscal year 2022 to create jobs, support sustained economic
    growth, and bolster the wellbeing of Americans and people around the
    globe.
        An increase of that amount aligns with the President's fiscal year
    2022 request for NSF. We agree that bolstering our science and
    technology (S&T) capability is essential to fueling innovation and
    discovery that can improve the Americans' lives and lift our knowledge
    to new heights.
        In that context, we are grateful to both parties in both chambers
    of Congress for pursuing legislation to greatly enhance our S&T
    strength and competitiveness. The NSF for the Future Act and U.S.
    Innovation and Competition Act are indicative of a forward-thinking
    approach to tackling threats--existing, emergent, and unknown--to
    Americans and individuals across the globe.
        NSF's portfolio is intentionally diverse because science investment
    can yield unknown discoveries, spanning biology, economics,
    engineering, mathematics, computational science, data analytics, the
    social and behavioral sciences, and other high impact disciplines. We
    strongly believe that robust funding for NSF is a sound strategy for
    advancing the United States' strategic interests in an ever-more
    complex international landscape, preempting and overcoming threats to
    our Nation and world, and for meeting the aspirations of the American
    people.
    What the NSF Provides
        The NSF is a key driver for our Nation's S&T leadership, supporting
    strategically important research at more than 1,900 academic
    institutions in all 50 States, the District of Columbia, and three U.S.
    territories. An estimated 313,000 students, teachers, researchers, and
    postdoctoral fellows were empowered by the NSF in fiscal year 2020.
    Approximately 95 percent of NSF funding is allocated to grants or
    cooperative agreements to researchers through a competitive merit
    review process. Since 1950, NSF has supported more than 248 Nobel Prize
    winners, including seven Nobel Laureates in 2020. The research
    supported by NSF bears on virtually every sector of our economy,
    supports cyber--and other crucial areas of national security, and
    factor importantly into the productive use of big data and other highly
    promising avenues of S&T.
    NSF's COVID Response
        The NSF has been a key part of our National response to COVID-19.
    In March 2020, as the pandemic bore down on our Nation, NSF issued a
    call for Rapid Response Research (RAPID) proposals to address this new
    health threat. By April 10, 2020, more than 60 RAPID projects around
    the country were funded, supporting research related to the pandemic.
    For example, NSF-funded researchers modeled the spread of the virus and
    worked to understand transmission and prevention. Decades of NSF
    research investment was utilized in the response to the virus,
    including NSF-backed 3D printing technology for the production of PPE
    and computer software creating simulations to provide insight into the
    molecular structure of the virus.
        NSF investments are also helping us prepare for future public
    health threats. Research in artificial intelligence and big data have
    the potential to identify disease threats before they spread. Other
    NSF-backed initiatives, like the Civic Innovation Challenge,
    demonstrate how partnership between government and technology can equip
    communities to manage emergencies.
    NSF Leverages American Ingenuity to Break New Ground in Science and
            Technology
        NSF supports the type of high-risk research that drives progress
    and has resulted in recent groundbreaking discoveries. Researchers
    funded by NSF have made key breakthroughs in their 20-year quest to
    create quantum internet with a new process by which information stored
    at the atomic level can be received and read. Quantum internet can be
    used to send ``un-hackable'' messages and will improve GPS, both of
    which are key to national security. Though this is a long-term project,
    the invaluable applications are unquestionably worth the time and
    investment.
        NSF funding also made possible a smartphone app which can identify
    signs of eye disease in children. Using smartphone photos, the program
    identifies a telltale ``white sheen'' which can indicate
    retinoblastoma, as well as cataracts or an infection. Research like
    this forms the basis for future apps which help with early detection
    and diagnosis of disease.
        NSF-funded research also continues to propel progress through
    collaboration across multiple fields. Through NSF's continued support,
    scientists work together to produce cutting-edge research that pushes
    the fields of medicine, engineering, and biology forward. In 2019,
    interdisciplinary collaboration between multiple countries and more
    than 300 researchers allowed the Event Horizon Telescope (EHT) to
    capture the first image of a black hole. This discovery increased
    confidence in the fundamental laws of physics while creating a
    technological basis for future breakthroughs. Projects like this drive
    innovation and create, as a by-product, advances in technology and
    information exchange, which in turn, are used for other research.
    Americans Understand the Value NSF Delivers
        Since 1992, Research!America has commissioned national and State-
    level surveys to assess public sentiment on issues related to research
    and innovation. Our surveys have explored Americans' perspectives on
    the role of NSF-funded S&T in advancing key national priorities. One of
    the most consistent findings over time has been Americans' support for
    basic research. In our most recent survey, fielded in January 2021, 85
    percent of respondents agreed that ``even if it brings no immediate
    benefits, basic scientific research that advances the frontiers of
    knowledge is necessary and should be supported by the Federal
    Government.''
    NSF is Essential to Training the Next Generation of American Scientists
            and Innovators
        The U.S.'s global leadership is directly tied to our strength in
    the fields of Science, Technology, Engineering, and Mathematics (STEM).
    NSF cultivates future American leaders in these strategically important
    disciplines. Since 1952, NSF has supported more than 61,700 students
    through Graduate Research Fellowships and has provided grant support to
    thousands of postdoctoral fellows and young investigators.
        The agency has also engaged in unique public-private partnerships,
    including the High Performance Computing (HPC) Consortium, a
    partnership between IBM, the White House Office of Science and
    Technology Policy, the U.S. Department of Energy, and the NSF. This
    partnership gave researchers studying the COVID-19 virus access to
    powerful computational platforms which allowed for major breakthroughs
    in modeling COVID-19 transmission and the atomic structure of the
    virus. Efforts like this set the stage for future success as our Nation
    seeks to accelerate the pace of medical and scientific progress.
        Research!America appreciates the complicated and complex task
    facing the subcommittee as it seeks to prioritize funding in a manner
    that best serves the American people. We urge you to provide at least
    $10.2 billion, an increase of 20 percent, for NSF in FY22. We hope you
    will call on our organization if additional information would prove
    useful.
        Thank you for your continued leadership and consideration.

        [This statement was submitted by Mary Woolley, President and CEO.]
                                     ______

                  Prepared Statement of the Sac and Fox Nation
    fiscal year 2022 budget for the office of justice programs, department
                                   of justice
        Chairwoman Shaheen and distinguished Members of this subcommittee,
    on behalf of the Great Sac and Fox Nation, I submit testimony of our
    Tribal priority requests for funding programs in the fiscal year 2022
    budget for the Office of Justice Programs (OJP) in the Department of
    Justice (DOJ). The Sac and Fox Nation is the home of Jim Thorpe, one of
    the most versatile athletes of modern sports who earned Olympic gold
    medals for the 1912 pentathlon and decathlon. The Nation would like to
    thank Congress for providing relief that is allowing Tribes to begin
    the recovery process from the pandemic that will remain as prominent in
    the minds of the world as the name Jim Thorpe.
        The Sac and Fox Nation would like to advance the following
    Department of Justice budget requests for fiscal year 2022:

        1.  Fully Fund the Tribal Law and Order Act
        2.  Fully Fund All Tribal Provisions of the Violence Against Women
    Act
        3.  Tribal Grants--Utilize DOJ Appropriations as Base Funding with
    Tribes Setting Their Own Priorities
        4.  10 percent Tribal Set-Aside from All Discretionary Office of
    Justice Programs
        5.  Approve a Streamlined Funding Mechanism for the Coordinated
    Tribal Assistance Solicitation (CTAS)

        The Sac and Fox Nation also supports the appropriation requests of
    the National Congress of American Indians.
    About the Sac and Fox Nation
        The Sac and Fox Nation is a Self-Governance Tribe headquartered in
    Stroud, Oklahoma. Our Tribal jurisdictional area covers all or parts of
    Lincoln, Payne, and Pottawatomie counties. Of the over 4,000 enrolled
    Tribal members, 2,600 live in Oklahoma. Our culture is based upon
    respect for the life within ourselves, our families, our communities,
    and all of creation. The Sac and Fox way of life is spiritually based.
    The Creator gave this way of life to the Sac and Fox people and we seek
    the guidance of the Creator in how to live. The oldest continuing
    religious practices are ceremonies like clan feasts, namings,
    adoptions, and burials. More recent religious practices include the
    Drum Dance, the Native American Church and Christianity.
    Fully Fund Tribal Law and Order Act as Authorized
        The Tribal Law and Order Act (TLOA) has three basic purposes:

        1.  Make Federal departments and agencies more accountable for
    serving Native peoples and land;
        2.  Provide greater freedom for Indian Tribes and Nations to design
    and run their own justice systems; and,
        3.  Enhance cooperation among Tribal, Federal, and State officials
    in key areas such as law enforcement, training, interoperability, and
    access to criminal justice information.

        The Sac and Fox Nation operates a Juvenile Detention Center which
    provides services to 46 Tribes in Oklahoma, Kanas and Texas, as well as
    the State of Oklahoma. We are anxious to advance the opportunities that
    TLOA can offer to further expand and increase access to our facility.
    However, unless TLOA is fully funded, facilities such as ours will not
    be able to attain the full potential and help to guide children in the
    system towards a successful future.
        The U.S. Commission on Civil Rights has consistently reported about
    the chronic underfunding and the breakdown in the trust and treaty
    obligations of the United States to Tribes. In both the Quiet Crisis
    and Broken Promises reports, it was noted that ``Native Americans as a
    group suffer from one of the Nation's highest rates of crime
    victimization. At the same time, the criminal justice system in Indian
    Country faces structural barriers and struggles to fully recognize
    Tribal sovereignty. The additional failure to provide sufficient
    Federal funding undermines the ability of Tribal governments to provide
    criminal justice and public safety for their citizens.'' \1\ The full
    potential of TLOA cannot be realized or implemented without sufficient
    resources for Tribal justice systems and ongoing coordination and
    consultation between Tribal governments and appropriate Federal
    agencies. While Sac and Fox is optimistic that President Biden's
    Memorandum on Tribal Consultation and Strengthening Nation-to-Nation
    Relationships has benefitted those working in the Federal Government,
    we need Congress and staff to better understand how dire Tribal
    communities need resources to improve our quality of life and protect
    our people, land, and traditions.
    ---------------------------------------------------------------------------
        \1\ A Quiet Crisis: Federal Funding and Unmet needs in Indian
    Country, July 2003, and Broken Promises: Continuing Federal Funding
    Shortfall for Native Americans, December 2018 by U.S. Commission on
    Civil Rights
    ---------------------------------------------------------------------------
        While DOJ recognized the importance of completing the circle when
    it issued the ``Proposed Statement of Principles'' \2\, in which it is
    referenced that stable funding at sufficient levels for essential
    Tribal justice functions is critical to the long-term growth of Tribal
    institutions. Yet, more than 10 years after passage of TLOA, provisions
    of the act remain under funded.
    ---------------------------------------------------------------------------
        \2\ Guidelines Stating principles for Working with Federally
    Recognized Indian Tribes, Eric Holder, The Attorney General, U.S.
    Department of Justice, December 3, 2014

        Office of Violence Against Women.--Fully fund the programs
    authorized in the Violence Against Women Act (VAWA), including the $5
    million authorized for Tribal implementation of VAWA special domestic
    violence criminal jurisdiction and continue to fund the Indian Country
    Sexual Assault Clearinghouse at $500,000.
        Thank you for helping us to protect our mothers, daughters, sisters
    and wives from jurisdictional gaps or safe havens for criminals to
    include Indian Women in the 2013 reauthorization of VAWA. But without
    funding to implement the law, this is an idle victory. We urge you to
    fully fund all of the Tribal provisions of VAWA and offer survivors of
    these crimes protection and access to much-needed services.
        It is estimated that over 85 percent of American Indians and Alaska
    Natives will experience intimate partner violence, stalking, or sexual
    violence in their lifetime. This violence threatens the lives of Native
    women and children and the future of American Indian Tribes and Alaska
    Native villages. The Office of Violence Against Women (OVW) provides
    funding to Tribal governments to address violence against women in
    their communities. OVW's largest source of funding for Tribal
    governments is the Grants to Tribal Governments Program, which is
    funded via statutory allocations from other OVW programs. Full funding
    for these OVW programs results in full funding for the Grants to Tribal
    Governments Program.

        Tribal Grants.--Eliminate the competitive grant funding process and
    utilize Justice Department appropriations as base funding where Tribes
    and Tribal Courts themselves determine their own priorities.
        One of the biggest issues with DOJ funding is that it is
    competitive. In order to obtain essential funding Tribes must compete
    against each other based on DOJ's priorities and guidelines rather than
    Tribes identifying their own priorities to best serve their citizens at
    the local level.
        Tribes have advocated to dispel grant funding for desperately
    needed services at the local level. Instead, the approach should be to
    utilize DOJ appropriations as base funding so that Tribes can develop
    sustainable programs for the benefit of their citizens. Grants offer
    one-time funding streams with no assurances of future funding to build
    staff capacity and generally does not allow Tribes enough time to
    design and implement effective programs without having to engage in the
    next cycle to compete for funds. It appears that DOJ understands this
    concept inasmuch as it has previously proposed the idea of base funding
    in the form of a block grant during an earlier Tribal consultation on
    the OVW funding. We propose that DOJ not merely propose this for OVW
    but consider this for all Tribal appropriations in the Department so
    that Tribes can determine their own priorities.

        Tribal Set-Aside (Ten Percent).--Create a 10 percent Tribal set
    aside from funding for all discretionary OJP programs and ensure that
    those funds are allocated as flexible base funding. A 10 percent set
    Tribal set aside would streamline the Federal funding process by which
    Tribes receive resources to establish Tribal courts; assist in
    developing detention facilities; provide legal assistance; develop and
    maintain juvenile delinquency prevention programs; and provide
    substance abuse prevention programs. In addition, the set-aside funding
    would give Tribes the flexibility to develop a comprehensive strategy
    on how best to spend these resources to meet needs at the local level.
        Congress and the Administration should enact an amendment to the
    Budget Control Act of 2011 to fully exempt Indian program funding from
    future sequestrations to honor the Federal trust responsibility and the
    chronic and severe underfunding of all Tribal programs.

        The Coordinated Tribal Assistance Solicitation (CTAS).--CTAS
    attempts to streamline the grant application process for Tribes and
    Tribal Consortia to enable them to submit a single grant application
    for most of the Tribal grant programs in DOJ, as opposed to previous
    years in which Tribes were required to submit multiple grant
    applications. However, consideration was not given to the capacity of
    Tribes to prepare this large application model, which, for many Tribal
    communities, remains a struggle to apply for these multiple grant
    awards with separate reporting requirements, award periods, and grant
    managers. CTAS will not achieve its intended purpose of streamlining
    Tribal grants until it is accompanied by a streamlined funding
    mechanism.
        Thank you for allowing the Sac and Fox Nation to submit our funding
    priorities and comments on the Office of Justice Programs and the
    overall Department of Justice funding for Tribes.

        [This statement was submitted by the Honorable Justin F. Wood,
    Principal Chief.]
                                     ______

                Prepared Statement of the Sea Grant Association
        The Sea Grant Association (SGA) recommends Congress appropriate at
    least $107.9 million in fiscal year 2022 for the National Sea Grant
    College Program (Sea Grant) and at least $15 million for Sea Grant
    Aquaculture. The SGA recommendation of $107.9 million for Sea Grant
    includes a minimum of $25 million to expand Sea Grant's capacity to
    address coastal resilience issues.
        Sea Grant is funded out of appropriations provided to the National
    Oceanic and Atmospheric Administration (NOAA), Office of Oceanic and
    Atmospheric Research (OAR) in the Operations, Research, and Facilities
    account. The SGA is a non-profit organization dedicated to furthering
    the Sea Grant's vision, mission, and goals. SGA's regular members are
    the academic institutions that participate in the National Sea Grant
    College Program. The SGA advocates for greater understanding, use, and
    conservation of marine, coastal and Great Lakes resources.
        On December 18, 2020, the President signed into law the National
    Sea Grant College Program Amendments Act of 2020, Public Law 116-221.
    This legislation reauthorized Sea Grant through fiscal year 2025. The
    legislation reiterated Sea Grant's core activities of supporting
    research, education, extension, and outreach. The legislation also
    called out support for several specific activities including efforts to
    strengthen coastal economic, environmental, and community resilience,
    and to conduct research and extension to further sustainable
    aquaculture. This testimony is submitted to the subcommittee to request
    the resources necessary for Sea Grant to meet the programmatic
    objectives and priorities called out in Public Law 116-221.
    justification for the fiscal year 2022 sea grant association's request
                                 for sea grant
        Over 126 million residents--40 percent of the population of the
    United States--live in coastal counties. These counties employ 56
    million people, resulting in $3.4 trillion in wages annually, and
    produce more than $8.3 trillion in goods and services that support
    coastal and non-coastal communities. Weather- and climate-related
    hazards impacting these communities have increased at an alarming rate.
    The total cost of all U.S. billion-dollar disasters over just the last
    5 years (2015-2019) exceeds $525 billion. Weather and climate risks are
    deeply connected to threats to critical infrastructure, water and food
    supplies, social instability, unemployment, and governance challenges.
    Most recently, we are seeing these types of interdependencies play out
    as the COVID-19 pandemic and resultant economic crisis have clearly
    exacerbated impacts to coastal communities, particularly under
    resourced communities and communities of color. Sea Grant, with its
    partners and through the expansion of its resilience portfolio, will
    apply the knowledge gained via research to help communities of color,
    (including Native American and Indigenous communities), and low-income
    communities reduce or eliminate the barriers to the implementation of
    adaptation, mitigation, and resilience strategies.
        Increasing physical and economic damages, social inequities, and
    personal despair have tested our level of preparedness to deal with and
    respond to major weather and climate threats. Hurricanes, typhoons and
    tsunamis are compounded by other challenges including coastal
    inundation (due to rising sea levels and land subsidence), increasing
    storm intensity, aging infrastructure, uneven enforcement of building
    codes, lack of adequate zoning ordinances, poor planning and
    construction, continued development in high-risk areas, and the
    inexperience of coastal dwellers to prepare for and recover from these
    events. The frequency of ``sunny day'' flooding alone has doubled since
    2000 in the United States. Exacerbated by sea level rise, these events
    overwhelm sewage treatment plants and public utilities, disrupt
    transportation corridors, reduce property values of homes and
    businesses, and threaten public health. In addition, many regions may
    be at increased risk of anthropogenic disasters such as oil or chemical
    spills, which could occur alone or be exacerbated by other hazardous
    events. Communities of color and low-income communities are often on
    the frontline of these threats, experiencing the first and worst
    impacts of changes in climate and weather patterns. Only through
    knowledge, understanding, preparation and partnerships will communities
    be able to address the hazards that are uniquely concentrated in
    coastal counties.
        The resilience of our communities--the very safety, security and
    survival of their residents--depends on how well prepared they are for
    these threats and for recovery following an event. Community-level
    preparedness includes a number of considerations, from how individuals
    prepare to where and how critical infrastructure and buildings are
    constructed. Resilient communities have residents, businesses and
    infrastructure that are positioned to reduce the impacts of risks to
    lives and property. This allows people to return to their homes and
    businesses, and recover more quickly after an event than in communities
    that are not as prepared. Resilient communities also have thriving
    living shorelines and coastal resources such as mangroves, oyster
    reefs, barrier dunes, salt marshes, and other natural infrastructure
    that buffer waves and coastal storms and protect the shoreline from
    erosion during storms.
        Sea Grant is a network of research, education and outreach
    professionals who work in partnership with universities, communities,
    and stakeholders. Sea Grant's vision is to enhance the use and
    conservation of coastal, marine and Great Lakes resources to create a
    sustainable economy and environment. Sea Grant helps coastal and Great
    Lakes communities become more resilient through its activities that
    strengthen the ability of communities to effectively prepare and plan
    for environmental and economic challenges. Sea Grant has a proven track
    record of doing this at local, State, regional and national levels in
    partnership with its stakeholders and like-minded entities. With
    increased capacity, Sea Grant will help our coastal and Great Lakes
    communities become more resilient. Expanding Sea Grant's resilience
    portfolio will protect lives, sustain critical infrastructure, protect
    and restore critical natural resources, enhance economic opportunity
    and recovery from the COVID pandemic, and support more rapid economic
    recovery after events. Sea Grant is recognized for its ability to
    develop locally relevant solutions to build coastal community
    resilience. Sea Grant's strength lies in its ability to work
    effectively at the local government and community level with tailored
    information, guidance and support.
        To address coastal resilience issues more adequately, the Sea Grant
    Association recommends an increase in base funding for Sea Grant of at
    least $25 million. This investment would focus on two major areas:

      --Capacity building ($10M) to support recruitment of additional
            resilience extension, communication or education staff in each
            State Sea Grant program and support a national coordinator and;
      --Research, engagement, decision support, implementation ($15M)
            proposed to be directly allocated to each State Sea Grant
            program to support local State-based research, training,
            technical assistance and coordination that enhance community
            resilience.
          quantifying sea grant's contribution to coastal communities
        Within Sea Grant, 20 national office staff, 34 university-based
    State programs, 646 extension staff and educators, 488 researchers, and
    at least 2,700 partners are funded and leveraged to cooperatively reach
    the program's goals. Sea Grant's mission is to address the needs of
    America's coastal and Great Lakes communities using the best available
    science, beginning with an understanding of the needs of diverse
    stakeholders. Since its inception Sea Grant has been at the forefront
    of actionable science addressing priorities of national, State, and
    local importance. Sea Grant has coordinated efforts to solve problems
    locally and regionally, emphasizing partnerships, meeting stakeholder
    needs, and using feedback from end-users to inform research, with a
    $412.4 million economic benefit from an $80 million Federal investment
    in 2019. In addition, in 2019, Sea Grant created or supported 10,400
    jobs; created or sustained 998 businesses; provided the 34 State-level
    programs with funding that assisted 263 communities improve their
    resilience; helped nearly 13,000 people adopt safe and sustainable
    fishing practices; helped restore or protect an estimated 1.8 million
    acres of habitat; worked with over 1000 industry and private sector,
    local, State and regional partners; and supported the education and
    training of nearly 2000 undergraduate and graduate students.
        Sea Grant's locally based staff and specialists collaborated with
    governments, academia, industries, non-profit groups, and individuals
    to ensure thriving coastal and Great Lakes communities. Just as it has
    done in response to hurricanes, oil spills, and other environmental and
    economic challenges, Sea Grant in 2020 learned how to draw from past
    experiences to use its strengths to support its constituents during the
    COVID-19 pandemic. Sea Grant's credibility in scientific and disaster
    communications was an advantage to coastal and Great Lakes communities
    around the Nation by providing online resources to enhance at-home STEM
    education, assisting the seafood industry and other coastal businesses
    in their direct marketing of their products, navigating the
    complexities of Federal and State assistance programs, and working
    quickly to find innovative ways to connect with and support their
    stakeholders.
        Sea Grant sends 95 percent of its appropriated funds to coastal
    States through a competitive process to address issues that are
    identified as critical by public and private sector constituents and
    coastal communities throughout the United States. Sea Grant fosters
    cost-effective partnerships among State universities, State and local
    governments, NOAA, and coastal communities, businesses, and relevant
    non-governmental organizations. Funding for Sea Grant results in
    support for sustainable fisheries and aquaculture, resilient
    communities and economies, healthy coastal ecosystems, environmental
    literacy, the Sea Grant Knauss Fellows and other fellowship programs,
    and workforce development. In its 50 plus-year history, Sea Grant's
    successes can be attributed to its ability to respond to the changing
    needs of our coastal communities.
        Local, State, regional, and national partnerships are critical to
    addressing issues central to the survival of our coastal communities,
    economies, and ecosystems. Coastal and Great Lakes communities need to
    be informed, engaged, and prepared to respond to these threats and to
    turn these adversities into opportunities. This is precisely what Sea
    Grant does.
        Sea Grant has been an integral player in creating economic
    opportunities, enhancing food and water security, and reducing risks
    from natural hazards and extreme events facing coastal communities
    through research and outreach efforts. Sea Grant is user-driven and
    university-based, and fully engaged with regional, State, and local
    organizations.
        With the funding recommendations contained in this statement, Sea
    Grant will leverage significant State and local support, continue to
    increase the economic development and resiliency of coastal
    communities--particularly coastal communities of color, and help
    sustain the health and productivity of the ecosystems on which our
    communities depend.
        Thank you for the opportunity to present this testimony.

        [This statement was submitted by Dr. Susan White, President.]
                                     ______

         Prepared Statement of the Society for Industrial and Applied
                               Mathematics (SIAM)
              fiscal year 2022 for the national science foundation
        Summary: This written testimony is submitted on behalf of the
    Society for Industrial and Applied Mathematics (SIAM) to ask you to
    continue your support of the National Science Foundation (NSF) in
    fiscal year 2022 by providing NSF with at least $10 billion. In
    particular, we urge you to provide strong support for the Research and
    Related Activities Account (R&RA) that supports key applied mathematics
    and computational science programs in the Division of Mathematical
    Sciences and the Office of Advanced Cyberinfrastructure. SIAM also
    requests your support for the Education and Human Resources (EHR)
    directorate that addresses fundamental challenges in mathematics and
    STEM education.
        Full Statement: On behalf of SIAM, we submit this written testimony
    for the record to the subcommittee on Commerce, Justice, Science, and
    Related Agencies of the Committee on Appropriations of the U.S. Senate.
        SIAM has over 14,000 members, including applied and computational
    mathematicians, computer scientists, numerical analysts, engineers,
    statisticians, and mathematics educators. They work in industrial and
    service organizations, universities, colleges, and government agencies
    and laboratories all over the world. In addition, SIAM has almost 500
    institutional members, including colleges, universities, corporations,
    and research organizations. SIAM members come from many different
    disciplines but have a common interest in applying mathematics in
    partnership with computational science to solve real-world problems,
    which affect national security and industrial competitiveness.
        First, we would like to emphasize how much SIAM appreciates your
    Committee's continued leadership on and recognition of the critical
    role of the National Science Foundation (NSF) and its support for
    mathematics, science, and engineering in enabling a strong U.S.
    economy, workforce, and society.
        Today, we submit this testimony to ask you to continue your support
    of NSF in fiscal year 2022 and beyond. In particular, we join with the
    research and higher education community and request that you provide
    NSF with at least $10 billion in funding for fiscal year 2022. This is
    consistent with the President's budget request for fiscal year 2022
    that calls for $10.2 billion. After years of inadequate funding, NSF
    needs bold growth to protect U.S. competitiveness as countries such as
    China are rapidly increasing their science and engineering investments.
    According to the National Science Board, in fiscal year 2017, NSF
    rejected close to four billion dollars of proposals rated ``very good
    or higher'' due to budget constraints. Funding of $10 billion would
    help the agency address critical unmet national research needs, reverse
    historical underinvestment, and allow new activities related to
    translation, innovation, and partnerships that will enable expanded
    approaches to critical technologies and science and engineering
    solutions.
        As we are reminded every day, the Nation's health, economic
    strength, national security, and welfare are being challenged in
    profound and unprecedented ways. Many of these challenges are fueled by
    gaps in our understanding of complex systems such as biologic
    processes, the energy grid, cyberspace, terrorist networks, or the
    human brain. Mathematics and computational science play a foundational
    and cross-cutting role in understanding these systems through advanced
    modeling and simulation, developing techniques essential to designing
    new breakthrough technologies like artificial intelligence (AI), and
    providing new tools for managing resources and logistics. Progress in
    computational sciences and applied mathematics also underpins advances
    across an array of fields and challenges in computing, materials,
    biology, engineering, and other areas.
                          national science foundation
        NSF serves a unique and critical function supporting all areas of
    science and engineering to further innovation and seed the knowledge
    and technologies for a strong future America. NSF provides essential
    Federal support for applied mathematics and computational science,
    including more than 60 percent of all Federal support for basic
    academic research in the mathematical sciences. Of particular
    importance to SIAM, NSF funding supports the development of new
    mathematical models and computational algorithms, which are critical to
    making substantial advances in such fields as neuroscience, energy
    technologies, genomics, and nanotechnology. In addition, new techniques
    developed in mathematics and computing research often have direct
    application in industry. Modern life as we know it--from search engines
    like Google to the design of modern aircraft, from financial markets to
    medical imaging--would not be possible without the techniques developed
    by mathematicians and computational scientists using NSF funding. NSF
    also supports mathematics education at all levels, ensuring that the
    next generation of the U.S. workforce is appropriately trained to
    participate in cutting-edge technological sectors and that students are
    attracted to careers in mathematics and computing.
        SIAM applauds NSF's investments in Industries of the Future areas
    with programs such as the AI Institutes, Institutes for Data-Intensive
    Research in Science and Engineering, Quantum Leap Challenge Institutes,
    TRIPODS \1\ Institutes, and the NSF-Simons Research Centers for
    Mathematics of Complex Biological Systems. Furthermore, SIAM supports
    the new Directorate for Technology, Innovation, and Partnerships (TIP)
    included in the President's budget request for NSF. SIAM applauds the
    aims of the new proposed Directorate to advance science and engineering
    research and innovation, accelerate the translation of basic research,
    solve national and societal problems, and support education pathways.
    While investment in emerging areas like AI is important, SIAM urges
    Congress to provide sufficient NSF support for core programs, such as
    those funded by the Division of Mathematical Sciences (DMS) and the
    Office of Advanced Cyberinfrastructure (OAC), which have stagnated in
    recent years and whose foundational investments underpin advances
    across many science and engineering challenges.
    ---------------------------------------------------------------------------
        \1\ Transdisciplinary Research on Principles of Data Science

        SIAM urges strong investment in the Research and Related Activities
    account (R&RA) to enable robust funding for the Division of
    Mathematical Sciences (DMS), the Office of Advanced Cyberinfrastructure
    (OAC), and other core programs and crosscutting initiatives for
    essential mathematical and computational science research, workforce
    development programs, and early career researcher support.
                     nsf division of mathematical sciences
        The NSF Division of Mathematical Sciences (DMS) in the Directorate
    for Mathematical and Physical Sciences (MPS) provides core support for
    all mathematical sciences. DMS also funds national mathematical science
    research institutes; infrastructure, including workshops, conferences,
    and equipment; and postdoctoral, graduate, and undergraduate training.
        The activities supported by DMS and performed by SIAM members, such
    as modeling, analysis, algorithms, and simulation, underpin
    advancements across science and engineering and provide new ways of
    obtaining insight into the nature of complex phenomena, such as the
    power grid, software for military applications, and the human body.
        Investment in DMS is critical because of the foundational and
    cross-cutting role that mathematics and computational science play in
    sustaining the Nation's economic competitiveness and national security,
    and in making substantial advances on societal challenges such as
    energy and public health. NSF, with its support of a broad range of
    scientific areas, plays an important role in bringing U.S. expertise
    together in interdisciplinary initiatives that bear on these
    challenges. Agencies such as the Department of Defense and National
    Institutes of Health depend on the NSF-supported applied math and
    computational sciences ecosystem to fulfill their missions as they
    build on NSF-funded modeling, algorithm, and simulation breakthroughs
    and leverage the workforce trained using NSF support. Both agencies and
    foundations partner with NSF thereby leveraging Federal funding for
    maximum impact, such as with the Joint NSF/National Institutes of
    Health Initiative Quantitative Approaches to Biomedical Big Data
    (QuBBD).
                   nsf office of advanced cyberinfrastructure
        Work in applied mathematics and computational science is critical
    to enabling effective use of the rapid advances in information
    technology and cyberinfrastructure. Programs in the NSF Office of
    Advanced Cyberinfrastructure (OAC) in the Directorate for Computer and
    Information Science and Engineering (CISE) focus on providing research
    communities access to advanced computing capabilities to convert data
    to knowledge and increase our understanding through computational
    simulation and prediction. SIAM strongly endorses OAC's efforts as a
    steward for computational science, building bridges across NSF to
    accelerate transformational science and engineering, and driving
    universities to improve their research and education programs in this
    multidisciplinary area. SIAM strongly endorses NSF's role advancing
    high performance computing to meet critical national security needs,
    fully leverage computing technology for economic competitiveness and
    scientific discovery, and position the U.S. for sustained technical
    leadership.
            supporting the pipeline of mathematicians and scientists
        A lack of sufficient funding for NSF's Education and Human
    Resources (EHR) directorate has left critical gaps in addressing
    fundamental challenges for mathematics and STEM education across
    educational levels. SIAM supports EHR and its programs like Improving
    Undergraduate STEM Education (IUSE), which is key to both advancing
    STEM professional development and developing a STEM literate citizenry.
    SIAM notes that mathematical education is foundational to STEM learning
    across disciplines, and NSF should continue to fund development of
    mathematical and computational skills, including at the undergraduate
    level when young scientists and engineers gain critical interests and
    competencies.
        SIAM supports the NSF CAREER awards, Graduate Research Fellowships,
    and Mathematical Sciences Postdoctoral Research Fellowships (MSPRF)
    that are crucial to the training and professional development of the
    next generation of leadership in mathematical sciences research and
    education.
                                   conclusion
        We would like to thank you again for your ongoing support of NSF
    that enables the research and education communities it supports,
    including thousands of SIAM members, to undertake activities that
    contribute to U.S. health, security, and economic strength. NSF needs
    sustained growth to maintain our competitive edge in science and
    technology, and therefore we respectfully ask that you continue robust
    support of these critical programs in fiscal year 2022.
        We appreciate the opportunity to provide testimony to the Committee
    on behalf of SIAM. SIAM looks forward to providing any additional
    information or assistance you may ask of us during the fiscal year 2022
    appropriations process.

        [This statement was submitted by Susanne C. Brenner, President,
    Anne Gelb, Vice President for Science Policy, and Suzanne L. Weekes,
    Executive Director.]
                                     ______

      Prepared Statement of the Society for Industrial and Organizational
                                   Psychology
        fiscal year 2022 national science foundation appropriations and
                                    language
        On behalf of the Society for Industrial and Organizational
    Psychology (SIOP), we are pleased to provide this written testimony to
    the Senate Appropriations subcommittee on Commerce, Justice, and
    Science, and Related Agencies for the official record. In this
    testimony, SIOP urges the subcommittee to consider two requests:
    provide the requested amount of $10.2 billion for the National Science
    Foundation (NSF), including strong support for the Directorate for
    Social, Behavioral, and Economic Sciences (SBE), in the fiscal year
    2022 appropriations process; and report language to encourage NSF to
    more rigorously implement the science of team science in the agency's
    funding strategies for large-scale and multi-disciplinary research
    projects.
    Appropriations Support
        SIOP is a community of nearly 10,000 members worldwide with a
    common interest in promoting the research, practice, and teaching of
    industrial and organizational (I-O) psychology to enhance human well-
    being and performance in organizational and work settings. SIOP
    provides a platform for scientists, academics, consultants, and
    practitioners to collaborate, implement, and evaluate cutting-edge
    approaches to workplace challenges across sectors.
        We have evidence that Federal investment in social and behavioral
    science research directly and positively impacts the U.S. economy,
    national security, and the health and well-being of Americans. Through
    SBE, NSF supports basic research to develop a scientific evidence base
    for improving the performance, effectiveness, management, and
    development of organizations and the workforce. The methods,
    measurements, and theories developed through this Federal investment
    enhance business practices, policymaking, and interprofessional
    collaboration. The evidence base derived from basic research in the
    science of organizations is applied throughout the public and private
    sectors.
        SBE is critically important to NSF and has been highly responsive
    to the transformative events of the past year. This was especially
    evident during the COVID-19 outbreak when SBE supported the second most
    research grants to address the virus among NSF Directorates. This
    included significant support for the field of I-O psychology as the
    nature of work had fundamentally shifted. Through SBE investments,
    including those from the Science of Organizations program, I-O
    psychologists developed data-driven methods to address workplace
    dysfunction, including impacts on employee well-being, work-life
    balance, performance, and engagement; the effects of rapid changes to
    workers across various levels of job structure, socioeconomic status,
    and race; and the challenges and opportunities related to remote
    collaboration during COVID-19 and as industries shift to a ``new
    normal.'' Further, SBE provided support to I-O psychologists to study
    other pressing issues, including how job-related stressors impact
    police officers and, in turn, the communities they serve. With support
    from SBE for I-O psychologists, society is better positioned to learn
    from our collective experiences and design more effective, equitable
    workplaces.
        SIOP also supports NSF's dedication to its Future of Work at the
    Human-Technology Frontier Big Idea, which seeks to address and improve
    human-technology interactions as workplaces integrate and adapt to
    artificial intelligence, automation, machine learning, and beyond. In
    addition to developing these technologies, successful implementation
    relies on understanding human learning at various stages of life, and
    improving education and training to appropriately use these
    technologies.
        Continued Federal support for I-O psychology keeps its knowledge
    and expertise in the public domain and enhances shared workplace
    efficiency and understanding of worker well-being at all levels. Other
    applications of I-O psychology include: transitioning veterans and
    service members to civilian jobs, managing age diversity in the
    workplace, accounting for the technology-enabled workforce, and
    developing preventative sexual harassment workforce interventions,
    among many others.
        Given NSF's critical role in supporting fundamental research and
    education across science and engineering disciplines, SIOP supports an
    overall fiscal year 2022 NSF budget of $10.2 billion. SIOP requests
    robust support for the NSF SBE Directorate, which funds important
    research studies, enabling an evidence base, methodology, and
    measurements for improving organizational function, performance, and
    design across sectors and disciplines.
    Science of Team Science
        In last year's testimony, SIOP requested report language to
    encourage the further adoption of the Science of Team Science (SciTS)
    in NSF programs and policies. SciTS is the empirical examination of the
    processes by which large and small scientific teams organize, conduct,
    and communicate research. I-O psychologists with expertise in SciTS
    have engaged with NSF program officers and leadership, as well as some
    congressional staff to ensure their findings are fully ingrained in the
    agency's new models and approaches for funding cross-disciplinary
    science and/or large-scale research projects (e.g. Engineering Research
    Centers; Science and Technology Centers; Convergence Accelerators; and
    National Artificial Intelligence [AI] Institutes). As NSF increasingly
    encourages and promotes collaboration, SIOP believes it is important
    that the agency take additional steps to ensure evidence-based team
    science is considered in multi-partner initiatives to improve
    communication between researchers, productivity, efficiency and cost-
    effectiveness. This is especially important as NSF continues to focus
    on public-private partnerships.
        In fiscal year 2020, the House Appropriations bill report included
    the following language that was in the spirit of the original request:

              ``Scientific collaboration.--NSF is encouraged to improve the
            understanding of scientific collaboration and how scientists
            work together.'' \1\
    ---------------------------------------------------------------------------
        \1\ https://appropriations.house.gov/sites/
    democrats.appropriations.house.gov/files/
    FY2020%20CJS%20CJS%20Filed%20Report%20-%20HR3055.pdf

        While this language was most appreciated and helpful, SIOP is of
    the opinion that the message would be more impactful if it were to
    specifically mention the importance of ``team science'' in multi-
    disciplinary research programs and projects.
        Team science is a well-known research subject at NSF and the
    language should be understood by the agency. NSF has funded several
    team science studies through SBE and program officers across
    directorates have expressed interest in leveraging team science to
    improve multi-disciplinary awards, including participating in one-on-
    one conversations with SIOP experts and inviting them to present on NSF
    panels. SIOP appreciates NSF's interest in learning more about
    leveraging SciTS to improve programs and collaborations at the agency.
    While NSF has taken some steps forward to address the importance of
    team science in some multi-disciplinary awards, we feel that
    appropriations report language that specifically mentions the
    importance of team science would build on this existing momentum and
    further catalyze meaningful action.
        For further reference, SIOP members served on the National
    Academies' Committee on the Science of Team Science, which produced the
    2015 report on this topic: https://www.nap.edu/catalog/19007/enhancing-
    the-effectiveness-of-team-science. Also, slides and recordings from
    NSF's 2018 Accelerating Engineering Research Center Preparedness
    Workshop can be found at: https://ercbiennial.asee.org/2018-pgw/
    program/. SIOP members Drs. Steve Kozlowski and Kara Hall present on
    team science.
    Requested Report Language

              Team Science.--NSF is encouraged to continue to seek ways to
            implement the science of team science to improve scientific
            collaboration as the agency develops new models and approaches
            for funding large-scale and cross-disciplinary research
            projects. In particular, NSF is encouraged to ensure that it is
            implementing the recommendations from the National Academies of
            Sciences, Engineering, and Medicine report, Enhancing the
            Effectiveness of Team Science.\2\
    ---------------------------------------------------------------------------
        \2\ https://www.nap.edu/catalog/19007/enhancing-the-effectiveness-
    of-team-science

        Thank you for the opportunity to offer SIOP's support for NSF.
    Please do not hesitate to contact SIOP should you have any questions.
    ---------------------------------------------------------------------------
    Additional information is also available at www.siop.org.

        [This statement was submitted by Dr. Steven Rogelberg, President,
    and Tracy L. Vanneman, Executive Director.]
                                     ______

               Prepared Statement of the Society for Neuroscience
      support of fiscal year 2022 appropriations for the national science
                                   foundation
        Chair Cartwright, Ranking Member Aderholt, and Members of the
    subcommittee, on behalf of the Society for Neuroscience (SfN), we are
    honoured to present this testimony in support of robust appropriations
    for biomedical research at the National Science Foundation (NSF). SfN
    urges you to provide at least $10.2 billion, an increase of
    approximately $1.7 billion, in funding for NSF in fiscal year 2022. Dr.
    Moses Chao and I, as Chair of the Government and Public Affairs
    Committee and President of SfN respectively, understand the critical
    importance of Federal funding for neuroscience research in the United
    States. I currently serve as a researcher and as a Professor in the
    Department of Psychology at Cambridge University and Dr. Chao is a
    professor of Cell Biology, Physiology and Neuroscience, and Psychiatry
    at the New York University School of Medicine. Our research serves as
    two examples of the wide variety of neuroscience research advancing our
    collective understanding of the brain.
        My own research focuses on the neural and psychological basis of
    drug addiction and is dedicated to understanding the maladaptive
    engagement of the learning, memory, and motivational mechanisms
    underlying compulsive drug use. Drug abuse and addiction have
    devastating consequences at the individual, family, and society levels,
    as clearly evidenced by the opioid crisis and also increased alcohol
    drinking during pandemic lockdowns. My research group made significant
    advances in showing structural and neurochemical changes in the brain
    associated with behavioral impulsivity confer a major risk on
    vulnerability to develop cocaine addiction. We also demonstrated the
    neural circuit basis of the transition from recreational to the
    compulsive use of opioids, stimulants, and alcohol, revealing
    commonalities as well as differences in the neural basis of addiction
    to these drugs. This understanding opened the door to the development
    of novel pharmacological and psychological treatments for addiction
    which may promote and maintain abstinence from drug use.
        Dr. Chao's research efforts focus on growth factors (also called
    neurotrophins) in the brain. These proteins are crucial for everything
    from neuron differentiation, growth, and survival during development to
    learning and memory in children and adults. Deficits in neurotrophins
    are involved in neurodegenerative disorders such as Alzheimer's,
    Parkinson's and Huntington's diseases, and Amyotrophic Lateral
    Sclerosis (ALS), as well as limiting recovery after stroke or brain
    injury.
        Dr. Chao and I cover different areas of neuroscience research,
    though we have come together to convey the need for further and ongoing
    investment in neuroscience research. SfN believes strongly in the
    research continuum: basic science leads to clinical innovations, which
    lead to translational uses positively impacting the public's health.
    Basic science is the foundation upon which all health advances are
    built. To cure diseases, we need to understand them through fundamental
    discovery-based research. However, basic research depends on reliable,
    sustained funding from the Federal Government. SfN is grateful to
    Congress for its support of the important mission of the NSF, which
    includes a focus on promoting the progress of science and advancing the
    National health, prosperity, and welfare, through increased
    appropriations in recent years.
                    the importance of the research continuum
        NSF funding for basic research is critical for facilitating
    groundbreaking discoveries and for training researchers at the bench.
    For the United States to remain a leader in biomedical research,
    Congress must continue to support basic research fueling discoveries as
    well as the economy. The deeper our grasp of basic science, the more
    successful those focused on clinical and translational research will
    be. We use a wide range of experimental and animal models not used
    elsewhere in the research pipeline. These opportunities create
    discoveries--sometimes unexpected discoveries--expanding knowledge of
    biological processes, often at the molecular level. This level of
    discovery reveals new targets for research to treat all kinds of brain
    disorders that affect millions of people in the United States and
    beyond.
        NSF basic research funding is also a key economic driver of science
    in the United States through funding universities and research
    organizations across the country. Federal investments in scientific
    research fuel the Nation's pharmaceutical, biotechnology and medical
    device industries. The private sector utilizes basic scientific
    discoveries funded through NSF to improve health and foster a
    sustainable trajectory for American's Research and Development (R&D)
    enterprise. Basic science generates the knowledge needed to uncover the
    mysteries behind human diseases, which leads to private sector
    development of new treatments and therapeutics. This important first
    step is not ordinarily funded by industry given the long-term path of
    basic science and the pressures for shorter-term return on investments
    by industry. Congressional investment in basic science is irreplaceable
    in the pipeline for development of drugs, devices, and other treatments
    for brain-related diseases and disorders.
        Another example of NSF's success in funding neuroscience is the
    Brain Research through Advancing Innovative Neurotechnologies (BRAIN)
    Initiative. A part of the research landscape in neuroscience, the BRAIN
    Initiative has been critical in promoting future discoveries across
    neuroscience and related scientific disciplines. By including funding
    in 21st Century Cures, Congress helped maintain the momentum of this
    endeavor. Note, however, using those funds to supplant regular
    appropriations would be counterproductive. There is no substitute for
    robust, sustained, and predictable funding for NSF. SfN appreciates
    Congress' ongoing investment in the BRAIN Initiative and urges its full
    funding in fiscal year 2022. Some recent exciting advancements in NSF
    funded neuroscience research include the following:
    Increasing happiness through new experiences
        As COVID-19 has affected Americans' daily routines, NSF-funded
    research may point the way towards strategies to improve people's
    moods. In a study conducted before the pandemic, participants wore GPS
    trackers for several months and reported on their mood throughout each
    day. The researchers found a correlation between a more positive mood
    and days when participants went to more locations outside of their
    daily routine. When people had more variability in their day, they were
    more likely to report feeling ``happy,'' ``relaxed,'' or ``excited.'' A
    follow-up study looking at functional magnetic resonance imaging (fMRI)
    scans of participants' brains found these positive changes in mood are
    driven by communication between the hippocampus, the part of the brain
    that maps the environment, and the striatum, which plays a key role in
    reward. This work suggests adding a variety of experiences, even
    something as simple as a walk around the neighborhood, to our daily
    lives may be critical to maintaining a positive outlook.
    Understanding the origins of creativity
        Music, art, and other creative activities are fundamental endeavors
    to the human experience. Where this creativity comes from in the human
    brain and how it is controlled, however, is a question of great debate.
    Researchers funded by the NSF sought to answer this question by
    studying jazz guitarists performing while wearing
    electroencephalography (EEG) caps to measure their brain activity.
    These guitarists, who ranged in experience from novices to
    professionals, were asked to improvise several performances, which were
    recorded and judged by experts. Brain-activity data showed less-
    experienced guitarists relied more on right frontal hemisphere
    structures associated with conscious control over activity, while more-
    experienced participants had more activity in structures associated
    with the default mode network, suggesting their performances require
    less active control. This suggests as a creative endeavor is improved,
    the brain switches from conscious monitoring of the activity to a more
    automatic reliance on what has already been learned. This baseline
    knowledge reduces the active concentration an expert will need for
    these learned skills, allowing for more cognitive resources to be
    devoted to the creativity of their output.
       covid-19 is a challenge and opportunity for neuroscience research
        Unfortunately, the COVID-19 pandemic has slowed progress in
    neuroscience research, with social distancing requirements hampering
    ongoing research related to the brain. Investment in neuroscience
    research, including on the neurological aspects of the SARS-CoV-2 virus
    and the COVID-19 pandemic itself is needed though cannot be allowed to
    eclipse or replace regular funding for neuroscience research. We urge
    you to identify ways to ensure the funding surge needed to address the
    COVID-19 emergency does not slow progress on other important and
    innovative research, including the groundbreaking research in
    neuroscience and mental health. SfN encourages the subcommittee to fund
    basic research on the biology of how COVID-19 impacts brain function as
    well as impacts the virus has on the nervous system in preclinical
    models and, by extension, on humans. In doing so, SfN encourages
    Congress and the NSF to prioritize intentional collaboration and
    coordination to effectively allocate scarce resources so researchers
    can investigate all facets of infectious and non-infectious disease.
        Ongoing research already demonstrates the need for scientists to
    examine the neurological impacts of COVID-19. While mortality due to
    SARS-CoV-2 may be primarily due to its effects on the lungs, it is now
    apparent the virus damages many other organs, including the central
    nervous system. We need to understand how these direct and indirect
    effects on other organ systems are producing chronic diseases and long-
    term disability, making people more susceptible to other chronic
    disorders covered by the different NIH Institutes. A recent study
    (Lancet article, Taquet et al 2021) shows an increased risk of anxiety,
    depression, post-traumatic stress disorder, and insomnia were reported
    after COVID-19 diagnosis. These data, though incomplete, suggest brain
    impairment may be associated with COVID-19 infection. Furthermore, it
    was found people with two copies of the risk gene for Alzheimer's
    disease were more likely to have severe COVID-19 (Kuo et al J.
    Gerontology 2020). These findings, coupled with incidents of memory
    loss, brain fog and hallucinations reported in the New York Times (3/
    23/21) illustrates a need for increased resources to study the impact
    of this virus on the peripheral and central nervous systems, as well as
    the immune and inflammatory systems. The COVID-19 public health
    emergency provides an important example of the critical need for
    collaborative research and coordinating data and resources across
    institutes. A balanced and collaborative research effort across
    institutes will likely be the path toward solving these multiple
    issues.
    congress & nsf must support access to models necessary for neuroscience
                                   discovery
        Adequate NSF funding is necessary to advancing our understanding of
    the brain; however, full realization of this funding's promise requires
    appropriate access to research models, including non-human primate and
    other animal models. Animal research is highly regulated to ensure
    ethical and responsible care and treatment of the animals. SfN and its
    members take their legal and ethical obligations related to this
    research very seriously. While SfN recognizes the goal of the
    reduction, refinement, and eventual replacement of nonhuman primate
    models in biomedical research, much more research and time is needed
    before such a goal is attainable. Premature replacement of non-human
    primate and other animal models may delay or prevent the discovery of
    treatments and cures-not only for neurological diseases like
    Alzheimer's disease, addiction, and traumatic brain injury, but also
    for communicable diseases and countless other conditions. There are
    currently no viable alternatives available for studying biomedical
    systems advancing our understanding of the brain and nervous system; or
    when seeking treatments for diseases and disorders like depression,
    addiction, Parkinson's Disease, and emotional responses. This research
    is critically important and presents an opportunity to benefit
    countless people around the world. SfN urges Congress to work with the
    NSF to ensure this important research can continue.
                            funding in regular order
        SfN joins the biomedical research community supporting an increase
    in NSF funding to at least $10.2 billion, a $1.7 billion increase over
    FY21. This proposed increase is necessary to provide certainty to the
    field of science, allowing for the exploitation of new scientific
    opportunity, additional training of the next generation of scientists,
    increased economic growth and further improvements in the public's
    health. Equally as important as providing a reliable increase in
    funding for biomedical research is ensuring funding is approved before
    the end of the fiscal year. Continuing Resolutions have significant
    consequences on research, including restricting NSF's ability to fund
    grants. For some of our members, this means waiting for a final
    decision to be made on funding before knowing if their perfectly scored
    grant would in fact be realized or operating a lab with 90 percent of
    the awarded funding until appropriations are final. This negatively
    impacts all the positive benefits research provides the field. SfN
    strongly supports the appropriation of NSF funding in a timely manner
    which avoids delays in approving new research grants or causes
    reductions in funding for already approved research funding.
        SfN thanks the subcommittee for your strong and continued support
    of biomedical research and looks forward to working with you to ensure
    the United States remains the global leader in neuroscience research
    and discovery. Collaboration among Congress, the NSF, and the
    scientific research community has created great benefits for not only
    the United States but also people around the globe suffering from
    brain-related diseases and disorders. On behalf of the Society for
    Neuroscience, we urge you to continue this critical cooperation and
    support of biomedical research.

        [This statement was submitted by Barry Everitt, Sc.D., F.R.S.,
    President, and Moses Chao, PhD, Chair, Government and Public Affairs
    Committee.]
                                     ______

           Prepared Statement of the Tribal Law and Policy Institute
                             department of justice
        On behalf of the Tribal Law and Policy Institute (TLPI), this
    testimony addresses important programs in the Department of Justice
    (DOJ). First, TLPI joins the American Bar Association (see attached
    letter) in requesting substantially increased funding for Tribal courts
    in response to the $1.2 billion annual shortfall for Tribal courts as
    identified in the Bureau of Indian Affairs (BIA) 2020 report to
    Congress, Report to the Congress on Spending, Staffing, and Estimated
    Funding Costs for Public Safety and Justice Programs in Indian Country,
    2018.
        Secondly, TLPI joins the National Congress of American Indians
    (NCAI) in requesting:

    ------------------------------------------------------------------------
                    Program                   NCAI Fiscal Year 2022 Request
    ------------------------------------------------------------------------
    DOJ: Tribal Grants: Eliminate            Use DOJ appropriations as base
     competitive grant funding process and    funding.
     utilize Justice Department
     appropriations as base funding so that
     Tribal nations determine their own
     priorities.
    ------------------------------------------------------------------------
    DOJ: Tribal Set-Aside from Office of     Create a 10 percent Tribal set-
     Justice Programs (OJP).                  aside for all discretionary
                                              OJP programs.
    ------------------------------------------------------------------------
    DOJ: Tribal Set-Aside from Crime         Create a 5 percent set-aside
     Victims Fund.                            for Tribal governments.
    ------------------------------------------------------------------------
    DOJ: Tribal Youth Program under the      $25,000,000
     Juvenile Accountability Block Grants
     program.
    ------------------------------------------------------------------------
    DOJ: Tribal Civil and Criminal Legal     $3,000,000
     Assistance (TCCLA) Grant.
    ------------------------------------------------------------------------
    DOJ: Community Oriented Policing         $52,000,000
     Services (COPS) Tribal Law Enforcement.
    ------------------------------------------------------------------------
    DOJ: OVW Tribal programs under the       Fully fund all VAWA-authorized
     Violence Against Women Act (VAWA).       programs including the Sexual
                                              Assault Clearinghouse and
                                              $5,000,000 for Tribal
                                              implementation of VAWA special
                                              domestic violence criminal
                                              jurisdiction.
    ------------------------------------------------------------------------

        TLPI is a 100 percent Native American operated non-profit
    corporation organized to design and deliver education, research,
    training, and technical assistance programs which promote the
    enhancement of justice in Indian country and the health, well-being,
    and culture of Native peoples. TLPI focuses on collaborative programs
    that provide critical resources for Tribal court systems and other
    programs involved in promoting improvement of justice in Indian
    country.
        The Federal Government's trust responsibility to Tribal nations is
    at the heart of TLPI's recommendation to follow NCAI's fiscal year 2022
    Indian country budget request. Like all other governments, Tribal
    nations are responsible for the protection and care of their citizens,
    residents, and visitors on Tribal lands. Through treaties and other
    agreements, Tribal lands were ceded in exchange for the promise of
    protected self-governance and adequate resources from the United
    States. Those promises are the foundation of the government-to-
    government relationship that exists today.
        Part of the Federal trust responsibility to Indian Tribes includes
    basic governmental services in Indian Country, funding for which is
    appropriated in the discretionary portion of the Federal budget. Tribal
    governments protect and preserve their unique cultures, identities, and
    natural environments for future generations. As governments, Tribes
    must deliver a wide range of critical services, such as education,
    workforce development, youth programs, and first-responder and public
    safety services, to their citizens. The Federal budget for Tribal
    governmental services reflects the extent to which the United States
    honors its promises to Indian people--and to date, those promises have
    not been truly honored.
        Tribal justice systems historically have been under-funded and
    continue to be under-funded in most Tribal communities. In 1991, the
    United States Civil Rights Commission found that ``the failure of the
    United States Government to provide proper funding for the operation of
    Tribal judicial systems . . . has continued for more than 20 years.''
    \1\ In 2014, the Attorney General's Advisory Committee on American
    Indian and Alaska Native Children Exposed to Violence noted that
    Department of Justice (DOJ) funding for Tribal justice systems has been
    consistently decreasing in recent years.\2\ The Indian Law and Order
    Commission (ILOC) noted that in addition to funding shortfalls, DOJ's
    short-term, competitive funding approach is deficient because it
    reflects Federal priorities rather than Tribal ones, favors hired
    grant-writers, requires Tribes to compete against each other, and
    offers only 3-year programs that often leave Tribes with staff turnover
    and short-term programs.\3\
    ---------------------------------------------------------------------------
        \1\ United States Commission on Civil Rights, The Indian Civil
    Rights Act: A Report of the United States Commission on Civil Rights 71
    (June 1991).
        \2\ Attorney General's Advisory Committee on American Indian and
    Alaska Native Children Exposed to Violence, U.S. Dep't of Justice,
    Report of the Advisory Committee on American Indian and Alaska Native
    Children Exposed to Violence: Ending Violence So Children Can Thrive 53
    (November 2014).
        \3\ Indian Law and Order Commission, A Roadmap for Making Native
    America Safer: Report to the President & Congress of the United States
    83 (2013).
    ---------------------------------------------------------------------------
        Further, the Civil Rights Commission continued reporting on this
    topic with A Quiet Crisis: Federal Funding and Unmet Needs in Indian
    Country in 2003 and Broken Promises: Continuing Federal Funding
    Shortfall for Native Americans in 2018. Broken Promises found that
    ``Federal funding for Native American programs across the government
    remains grossly inadequate to meet the most basic needs the Federal
    Government is obligated to provide . . . Since 2003, funding for Native
    American programs has mostly remained flat, and in the few cases where
    there have been increases, they have barely kept up with inflation or
    have actually resulted in decreased spending power.'' \4\
    ---------------------------------------------------------------------------
        \4\ United States Commission on Civil Rights, Broken Promises:
    Continuing Federal Funding Shortfall for Native Americans, 4 (December
    2018).
    ---------------------------------------------------------------------------
        Finally, in 2020, the BIA submitted a report to Congress, Report to
    the Congress on Spending, Staffing, and Estimated Funding Costs for
    Public Safety and Justice Programs in Indian Country, 2018. The total
    annual estimated need for Tribal public safety and justice programs
    included $1.3 billion for Tribal law enforcement and $1.2 billion for
    Tribal courts. According to the same report, BIA funding only meets
    14.7 percent of estimated need. Leaving Tribes to fight for short-term
    funds via competitive grant processes, many administered by the DOJ.
        DOJ funding across programs affecting Indian country should be
    dramatically increased and the distribution mechanism modified. As
    nations, Tribes should not have to compete for short-term grants that
    reflect Federal priorities. Rather, funds should be allocated as
    flexible base funding.
        Create a 10 percent Tribal allocation across all Office of Justice
    Programs (OJP) programs.--A 10 percent OJP Tribal set-aside would
    simplify the Federal funding process by which Tribal nations receive
    resources to establish Tribal courts; assist in developing detention
    facilities; provide legal assistance; develop and maintain juvenile
    delinquency prevention programs; and provide substance abuse prevention
    programs. Further, the Tribal set-aside provides Tribes the flexibility
    to develop a comprehensive strategy on public safety and justice needs.
    It also would create new opportunities for coordinating BIA and DOJ
    funding to reduce inefficiencies and unnecessary administrative costs.
        Include Tribal governments in disbursements from the Crime Victims
    Fund.--The Crime Victims Fund (CVF) is the Federal Government's primary
    funding source for providing services to victims of crime. Unlike State
    and territorial governments, which receive an annual formula
    distribution from the CVF, Indian Tribes were only able to access CVF
    funds via pass-through grants at the discretion of the States or by
    competing for very limited resources administered by the DOJ. This
    system left a significant unmet need in most Tribal communities-
    communities where crime victimization rates far exceed the National
    average.
        For the past 4 years, Congress has directed a portion of the
    overall disbursements from the CVF to Tribal nations. The 5 percent
    Tribal set-aside included in the fiscal year 2021 appropriations bill
    will direct $100.75 million to support and improve crime victim
    services on Tribal lands. This funding greatly impacts crime victims'
    services infrastructure on Tribal lands, and it is imperative that it
    be appropriated on an annual basis to sustain the programs and services
    that will be developed. TLPI urges the committee to keep disbursements
    from the CVF at the increased level and to direct an amount equal to 5
    percent of overall CVF disbursements to Tribal governments on a non-
    competitive basis.
        If Congress declines to adopt the flexible 10 percent set-aside
    across OJP programs, restore fiscal year 2010 levels of $25 million in
    funding for the Tribal Youth Program (TYP) under the Juvenile
    Accountability Block Grants Program.--Native youth living in Indian
    country face numerous overlapping barriers to safety, wellness,
    academic achievement, and positive youth development. Barriers occur at
    the individual, family, community, and regional levels, resulting in
    disproportionate involvement with juvenile justice, child welfare, and
    other youth-serving systems. Today's Native youth continue to face the
    effects of collective intergenerational and historical traumas.
        TYP is the first OJJDP program dedicated to prevention,
    intervention, and juvenile justice system improvement in Native
    communities. The need for the program can be demonstrated by the
    application rates within the last 5 years. For the majority of those
    years, the DOJ Coordinated Tribal Assistance Solicitations, Purpose
    Area 9 (TYP) received some of the highest number of grant applicants
    and categorically received the least amount of funding. Further
    exacerbating the issue, TYP is currently funded at some of its lowest
    levels since its establishment in the 1990s. This is despite an
    increase in funding in fiscal year 2021, the first increase in 3 years.
    Due to this decreased funding, hundreds of Tribes across the United
    States are left grappling with how to ensure that their most cherished
    resource is provided equal opportunity as other youth in this country
    to heal, thrive, and realize their life potential. Funding for the TYP
    should, at minimum, be restored to its fiscal year 2010 level of $25
    million.
        Fund the Tribal Civil and Criminal Legal Assistance, Training and
    Technical Assistance (TCCLA) grant program at a level of $3 million.--
    The Indian Tribal Justice Technical and Legal Assistance Act of 2000
    (Public Law 106-559) authorized DOJ to award grants to non-profit
    entities, such as the 25 Indian Legal Services programs connected with
    the Legal Services Corporation (LSC), to provide civil and criminal
    legal assistance to both Tribal governments and their justice systems
    and to individual indigent Tribal citizens. Services impacted by this
    funding include domestic violence, pro se assistance, re-entry and
    expungements, child welfare, free legal clinics and toll-free hotlines,
    and much more.
        Increase funding of Tribal law enforcement programs under DOJ's
    Community Oriented Policing Services (COPS) Grants to $52 million.--
    Since its inception, the COPS Office has awarded more than 2,000 grants
    totaling over $400 million to Tribes to hire more than 1,700 new or
    redeployed law enforcement officers. It has helped Tribes obtain
    necessary law enforcement training, equipment, vehicles, and
    technology. The COPS Office has also become one of the primary
    resources available to Tribal law enforcement agencies attempting to
    develop and maintain policing infrastructure and upgrade outdated
    equipment. Yet, there is still substantial unmet need within Tribal
    justice systems for more COPS funding.
        Fully fund the programs authorized in the Violence Against Women
    Act (VAWA), including the funds authorized for the Sexual Assault
    Clearinghouse and Tribal implementation of VAWA special domestic
    violence criminal jurisdiction.--It is estimated over 85 percent of
    American Indian and Alaska Native women will experience violent
    victimization in their lifetimes.\5\ OVW provides funding to Tribal
    governments to address violence against women in their communities.
    OVW's largest source of funding for Tribal governments is the Grants to
    Tribal Governments Program, which is funded via statutory allocations
    from other OVW programs. Fully-funding these OVW programs results in
    full funding for the Grants to Tribal Governments Program and for the
    implementation of Special Domestic Violence Criminal Jurisdiction.
    ---------------------------------------------------------------------------
        \5\ U.S. Department of Justice, Violence Against American Indian
    and Alaska Native Women and Men: 2010 Findings from the National
    Intimate Partner and Sexual Violence Survey 2 (2016).
    ---------------------------------------------------------------------------
                                   conclusion
        Thank you for your consideration of this testimony.

        [This statement was submitted by Gerald Gardner, Executive
    Director.]
                                     ______

     Prepared Statement of the United States Section of the Pacific Salmon
                                   Commission
       fiscal year 2022 budget for the national marine fisheries service
        Mr. Chairman, and Honorable Members of the Committee, I am W. Ron
    Allen, the Tribal Commissioner and Chair for the U.S. Section Budget
    Committee of the Pacific Salmon Commission (PSC). I am also the Tribal
    Chairman/CEO of the Jamestown S'Klallam Tribe located on the Olympic
    Peninsula of Washington State. The U.S. Section prepares annual budgets
    for the implementation of the Pacific Salmon Treaty. The implementation
    of the Treaty is funded through the Departments of Commerce, Interior
    and State.

              Department of Commerce funding in support of implementing the
            Pacific Salmon Treaty is part of the Salmon Management
            Activities account in the National Marine Fisheries Service
            (NMFS) budget. The United States and Canada completed
            negotiations of revised Annex Chapters to the Treaty in 2019.
            Funding in the Department of Commerce budget intended for the
            programs to fulfill national commitments created by the revised
            Treaty Annex Chapters was $39,500,000 in the fiscal year 2021
            budget. The U.S. Section recommends fiscal year 2022 funding of
            $43,500,000 to implement national commitments created by the
            Treaty. This represents a $4,000,000 increase from fiscal year
            2021 funding levels.

        The Department of Commerce principally funds programs conducted by
    the States of Washington, Oregon, Idaho and Alaska and the NMFS.
    However, the cost of programs conducted by the States to fulfill
    national commitments created by the Treaty continue to be substantially
    greater than the funding provided in the NMFS budget. Consequently, the
    States have supplemented the Federal Treaty appropriations from other
    sources, including State general funds. Many of those funding sources
    are limited or no longer available and this has been exacerbated by the
    ongoing global pandemic.
        The $20,000,000 increase in the fiscal year 2020 budget and the
    $5,000,000 in the fiscal year 2021 budget were greatly appreciated,
    however it falls short of what the U.S. Section estimates is needed to
    fully implement the revised Annex Chapters to the Pacific Salmon
    Treaty.
        The U.S. Section recommends that the Pacific Salmon Treaty line
    item in the Salmon Management Activities section of the NMFS budget be
    funded at $43,500,000 for fiscal year 2022. This line item includes
    $14,730,000 to provide base support for the States of Alaska,
    Washington, Oregon, and Idaho. NMFS activities to implement the
    Treaty's conservation and allocation provisions for Coho, Sockeye,
    Chinook, Chum, and Pink salmon fisheries is funded through overhead
    fees. Effective, science-based implementation of negotiated salmon
    fishing arrangements and abundance-based management approaches for
    Chinook, southern Coho, and Northern Boundary and Transboundary River
    salmon fisheries.
        The U.S. Section recommends annual operational costs of $13,460,000
    for hatchery conservation programs and habitat restoration for Puget
    Sound critical stocks, $3,910,000 for Southeast Alaska Chinook Salmon
    mitigation, and $5,540,000 to increase prey availability for Southern
    Resident Killer Whales. The recommended funding also includes
    $5,850,000 for sound science initiatives to fill key science gaps and
    improve fishery management effectiveness. The recommended funding also
    helps meet requirements of the biological opinion for species listed as
    endangered or threatened under the Endangered Species Act.
        The U.S. Section recommends restoring the funding for the Chinook
    Salmon Agreement line item in Salmon Management Activities to
    $1,800,000. This funding supports research and stock assessments
    necessary to acquire and analyze the technical information needed to
    fully implement the abundance-based Chinook salmon management program
    provided for by the Treaty. The States of Alaska, Washington, Oregon,
    and Idaho, and the 25 Treaty Tribes conduct projects selected in a
    rigorous competitive process.
        The International Fisheries Commissions line, under Regional
    Councils and Fisheries Commissions in the NMFS budget was funded at
    $457,000 in fiscal year 2021 and provides the U.S. contribution to
    bilateral cooperative salmon enhancement on the transboundary river
    systems, which originate in Canada and flow to the sea through
    Southeast Alaska. This project was established in 1988 to meet U.S.
    obligations specified in the Treaty and annual funding should continue
    at about $463,000 annually.
        The core Treaty implementation projects included in the Pacific
    Salmon Treaty line, and the U.S. Chinook Agreement line under Salmon
    Management Activities, as well as the International Fisheries
    Commission line under Regional Councils and Fisheries Commissions
    consist of a wide range of stock assessment, fishery monitoring, and
    technical support activities for all five species of Pacific salmon in
    the fisheries and rivers between Cape Suckling in Alaska to Cape Falcon
    in Oregon. The States of Alaska, Washington, Oregon, Idaho, and the
    NMFS conduct a wide range of programs for salmon stock abundance
    assessment, escapement enumeration, stock distribution, and fishery
    catch and effort information. The information is used to establish
    fishing seasons, harvest levels, and accountability to the provisions
    of Treaty fishing regimes.
        Prior to fiscal year 2020, the base annual Treaty implementation
    funding remained essentially flat since the inception of the Treaty in
    1985. In order to continue to fulfill the Federal commitments created
    by the Treaty, as costs and complexity increased over time, the States
    had to augment Federal funding with other Federal and State resources.
    However, alternative sources of funding have seen reductions or, in
    some cases, have been eliminated. The increases of $20,000,000 for
    fiscal year 2020 and $5,000,000 for fiscal year 2021 to implement the
    revised Annex Chapters were a welcome change.
        Negotiations to revise the provisions of the Annex Chapters to the
    Treaty, except for the Fraser River Chapter, were successfully
    completed in 2018. The revised provisions will last for 10 years. These
    chapters contain the specifics for implementing the Treaty for each
    species in each geographic area. The provisions for a revised Fraser
    River Chapter were completed in 2019. The revised chapters represent
    the combined efforts of the participants to ensure healthy salmon
    populations for the next 10 years. They also require commitments to
    increase efforts to improve upon current management strategies for
    numerous salmon populations.
        Finally, you should consider the fact that the value of the
    commercial harvest of salmon subject to the Treaty and managed at
    productive levels under the Treaty, supports the infrastructure of many
    coastal and inland communities. The value of the commercial and
    recreational fisheries, and the economic diversity they provide for
    local communities throughout the Pacific Northwest and Alaska, is
    immense. The Pacific Salmon Commission recently funded an economic
    study of these fisheries and determined that this resource creates
    thousands of jobs and is a multi-billion dollar industry. The value of
    these fish to the 25 Treaty Tribes in Washington, Oregon, Idaho and
    Alaska goes far beyond their monetary value, to the cultural and
    religious lives of American Indian and Alaska Native peoples. A
    significant monetary investment is focused on salmon due to the
    listings of Pacific Northwest salmon populations under the Endangered
    Species Act.
        Given these resources, the U.S. Section will continue to utilize
    the Pacific Salmon Commission process to develop recommendations that
    help with the development and implementation of solutions to minimizing
    impacts on listed stocks. We will continue to work towards the true
    intent of the Treaty, and with your support, we will manage this shared
    resource for mutual enhancements and benefits.
        This concludes the statement of the U.S. Section of the Pacific
    Salmon Commission submitted for consideration by your Committee. We
    wish to thank the Committee for the support given to us in the past.
    Please let us know if we can supply additional information or respond
    to any questions the Committee Members may have.
        Thank you.

        [This statement was submitted by W. Ron Allen, Chair.]
                                     ______

            Prepared Statement of the Western Governors' Association
        Chair Shaheen, Ranking Member Moran, and Members of the
    subcommittee, the Western Governors' Association (WGA) appreciates the
    opportunity to provide testimony on two items within the jurisdiction
    of the subcommittee on Commerce, Justice, Science, and Related
    Agencies, both of which relate to the U.S. Department of Commerce. WGA
    is an independent organization representing the Governors of the 22
    westernmost States and territories. The Association is an instrument of
    the Governors for bipartisan policy development, information-sharing
    and collective action on issues of critical importance to the western
    United States.
        Western Governors support adequate and dedicated funding for the
    National Integrated Drought Information System (NIDIS) program under
    the National Oceanic and Atmospheric Administration (NOAA). WGA is
    well-acquainted with the significant environmental, economic, and
    social effects of drought on the West and its communities. Drought
    contributes to the incidence of forest and rangeland wildfire, impairs
    ecosystems and wildlife habitat, degrades agricultural productivity,
    and poses threats to municipal and industrial water supplies. A growing
    population's dependence on limited water resources creates challenges
    for water management across the West, from the Great Plains to the
    Intermountain West to the coastal, estuarine and marine environments of
    the Pacific States and islands. Planning for an adequate, reliable and
    clean water supply requires accurate and complete water and weather
    information.
        NIDIS promotes a coordinated and integrated approach to managing
    future drought. This approach involves improved forecasting and
    monitoring to provide the kind of authoritative, objective and timely
    drought information that farmers, water managers, decision-makers, and
    local governments require for effective drought preparation and
    response. Through NIDIS, NOAA is building a network of early warning
    systems for drought while working with local resource managers to
    identify and address unique regional drought information needs.
        Western Governors value the approach used to build and improve
    NIDIS. Rather than creating a new NIDIS bureaucracy, the system draws
    from existing capacity in States, universities and multiple Federal
    agencies, as called for in the original authorizing legislation. Given
    our shared fiscal challenges, WGA regards this as a model for Federal-
    State collaboration in shared information services.
        Water users throughout the West--including farmers, ranchers,
    Tribes, land managers, business owners, recreationalists, wildlife
    managers, and decision-makers at all levels of government--must be able
    to assess the risks of drought before its onset to make informed
    decisions and implement effective mitigation measures. For these
    reasons, Western Governors request continued support and adequate
    funding for the National Weather Service River Forecast Centers and
    Weather Forecast Offices and the NIDIS program, which perform a
    valuable role in western water management and drought response.
        Many western communities, especially Tribal communities, lack
    access to broadband internet due to the high cost of infrastructure and
    the economic realities of serving low customer densities in potential
    service areas. This has left many rural businesses at a competitive
    disadvantage and citizens without access to telework, telemedicine and
    distance learning opportunities. Consequently, Western Governors
    support opportunities to improve connectivity on rural and Tribal lands
    and efforts to leverage State expertise through State block grants. The
    Governors appreciate the increased funding allocated to Tribal and
    State projects within the National Telecommunications and Information
    Administration (NTIA) last fiscal year, including funding to mitigate
    the effects of COVID-19 and the new Tribal Broadband Connectivity
    Program. The Governors look forward to engaging with NTIA on this
    funding and stand ready to implement projects for the benefit of rural
    and Tribal communities,
        Deployment of broadband infrastructure to these underserved and
    unserved communities requires an accurate picture of nationwide
    broadband availability. Western Governors applaud recent efforts to
    address the accuracy of broadband data coverage measurements through
    the Federal Communications Commission's (FCC) Broadband Data Task Force
    and the Broadband Deployment Accuracy and Technological Availability
    Act, known as the Broadband DATA Act, and support continued investment
    in these efforts. WGA also encourages coordination of data collection
    strategies among the Federal Communications Commission, U.S. Department
    of Agriculture and other agencies involved in broadband mapping and
    deployment.
        Western Governors recognize the enormous challenge you have in
    balancing competing funding priorities, and we appreciate the
    difficulty of the decisions the subcommittee must make. These
    recommendations are offered in a spirit of cooperation and respect, and
    WGA is prepared to assist you as the subcommittee discharges its
    critical and challenging responsibilities.

        [This statement was submitted by James D. Ogsbury, Executive
    Director.]
                                     ______

             Prepared Statement of the Western States Water Council
             noaa/nws u.s. weather research program appropriations
        On behalf of the Western States Water Council (WSWC), a government
    entity advising the governors of 18 States, we wish to express our
    strong support for a $15 million increase in the U.S. Weather Research
    Program line item within the National Oceanic and Atmospheric
    Administration's (NOAA) Fiscal Year 2022 appropriation for the National
    Weather Service (NWS), Office of Oceanic and Atmospheric Research (OAR)
    account.
        The Weather Research and Forecasting Innovation Act of 2017 (Public
    Law 115-25), reauthorized in 2019 along with the National Integrated
    Drought Information System (NIDIS), directed NOAA to ``collect and
    utilize information in order to make usable, reliable, and timely
    foundational forecasts of subseasonal and seasonal [S2S] temperature
    and precipitation.'' The statute further required submission of a
    report to Congress that described ``specific plans and goals for the
    continued development of the subseasonal and seasonal forecasts'' and
    ``an identification of research, monitoring, observing, and forecasting
    requirements'' needed to meet the statutory goals.
        In 2020, the NWS submitted to Congress the report, Subseasonal and
    Seasonal Forecasting Innovation: Plans for the Twenty-First Century.
    The report outlines current uses of NOAA S2S products and services, and
    how NOAA plans to improve the usability and transference of data,
    information, and forecasts. Developed with input from Federal,
    regional, State, Tribal, and local government agencies, research
    institutions, and the private sector, the report outlines innovations
    needed to achieve two goals for improving products and services: (1)
    improving the skill of foundational tools in order to improve the skill
    of the official S2S forecasts; and (2) enhancing the value of S2S
    products for stakeholders.
        The report recommended a number of pilot projects, including one
    for improving forecasts of winter precipitation (which provides the
    snowpack sustaining water supplies in mountain areas) in the West, and
    one for spring/summer precipitation forecasts for agricultural water
    supply in the Plains States. Another was recommended for Artic sea ice
    and one for tropical cyclones.
        The WSWC urges the subcommittee to provide resources to start the
    western pilot project to improve S2S precipitation forecasting to
    support water management. In fiscal year 2021 NOAA's Weather Research
    Program line item was budgeted at $26.5 million. The fiscal year 2022
    President's budget request is $26.7M. A $15 million investment in S2S
    pilot projects would be on par with NOAA's successful Hurricane
    Forecast Improvement Project (HFIP).
        Much of the West is currently experiencing unprecedented drought
    conditions. Currently, nearly all of our 18 member States are suffering
    from severe to exceptional drought, with half afflicted by the latter,
    the driest condition represented on the U.S. Drought Monitor scale
    (www.drought.gov). Agricultural interests are hit hardest as crops,
    feed, and forage deteriorate and rise in cost, threatening farmers,
    ranchers, and dairies. In some cases, producers are culling herds.
    Municipal water shortages are also possible, particularly for rural
    communities. Dry, hot, and windy weather combined with dried out
    vegetation has wildfires on the rise.
        The scientific insights, data, and tools that the S2S pilot
    projects promise would help agricultural, rural, and urban water and
    land managers make better decisions. Better forecasts will provide
    private and public decisionmakers with longer lead times than are
    currently feasible to implement mitigation policies and programs. This
    would help to protect surface and ground-water supplies and provide
    greater certainty to farmers and ranchers who must make important crop,
    livestock, and conservation decisions now without reliable extended
    precipitation forecasts.
        Current skill in S2S precipitation forecasting is not adequate to
    support water management decision-making, and a priority need to be
    placed on improving S2S forecasting capabilities. Water is the life-
    blood of the West, which experiences far greater variability in annual
    precipitation than does the eastern half of the country. Managing water
    in the West is about managing for the extremes of droughts and floods,
    and the need to store water when available to manage it during drier
    times for cities, farms, energy, and the environment. Better longer-
    term precipitation forecasts are a necessary tool for more efficient
    water resource management. Will this summer (or next winter) be wet or
    dry? This is a critical question asked every year by State, local,
    Federal, and Tribal water managers, as well as by cities, farmers, and
    hydroelectric powerplant operators.
        Although the skill of conventional short-term weather forecasts
    (which go out as far as two weeks) has improved over the past several
    decades, the same cannot be said for the critical longer-term forecasts
    important for water management. These longer S2S forecasts span time
    periods of several weeks out to one or 2 years. The NWS's Climate
    Prediction Center (CPC) has minimal skill when producing available S2S
    forecasts.
        As documented by NOAA's National Centers for Environmental
    Information, disasters at both wet and dry extremes of the hydrologic
    cycle are responsible for billions of dollars in losses. With better
    S2S forecasts, water managers can better prepare for and respond to
    drought and flooding, reducing loss of lives and property, as well as
    economic and environmental losses. Similarly, decision makers in
    agriculture, fisheries, hydroelectric power generation, and emergency
    management sectors share a common interest in more skillful and useful
    forecasts.
        Lead time is critical in making water management decisions. Longer
    lead times are especially useful in planning and managing for the
    extremes of droughts and floods. Skillful S2S forecasts would inform
    and allow for more efficient operation of dams and reservoirs,
    balancing competing objectives of flood control and water storage.
    Absent good predictive capability, weeks ahead, reservoir operators
    must manage risk as conservatively as possible to ensure that space
    will be available to hold winter-spring runoff and manage floods.
    Better forecasts would allow operators to store more water for use
    during drought, while still providing flood protection--the equivalent
    of developing new water supplies at minimal cost. There are
    opportunities for improving S2S forecasting, but historically there has
    been a S2S research investment gap between conventional numerical
    weather modeling and century-scale climate modeling. Significant
    scientific progress has been achieved at the weather and century-scale
    ends of this spectrum, thanks to ongoing Federal investments, but much
    remains to be done at the S2S scale.
        According to the American Meteorological Society, the skill of 5-
    to 6-day NWS temperature forecasts in 2012 is equivalent to that of 3-
    to 4-day forecasts in 1992. Also, substantial Federal support from 1990
    onwards for the U.S. Global Change Research Program resulted in major
    progress in developing increasingly complex climate models. However,
    similar progress and investment have not occurred at the S2S time scale
    so important for western water management. Improving S2S precipitation
    forecasting is a scientifically challenging subject that will require a
    commitment of dedicated, sustained funding. There is no silver bullet
    for S2S forecasting improvement, but the necessary ingredients for
    making progress include investment in all aspects of the subject (human
    resources, high-performance computing, observing systems, and
    transition of research innovations to operations). Well-defined metrics
    and timelines for evaluating success, with a strong project management
    focused on outcomes, are needed.
        Regional pilot projects in areas where NOAA's current predictive
    skill is minimal are key to accelerating advancement of forecasting
    skill. Pilots provide opportunities to test tools such as statistical
    models or hybrid statistical-dynamical tools that can enhance
    information provided by NOAA's dynamical models.
        The international Colorado River Basin has experienced prolonged
    drought conditions, for over 20 years, resulting in declining reservoir
    elevations in Lake Mead and Lake Powell. Water agencies in the seven
    Colorado River Basin States have been taking unprecedented steps to
    manage the risk of shortage, including executing historic drought
    contingency plans with the Department of the Interior in 2019. Drought
    risk management programs in the contingency plans cost money and/or
    water. Skillful seasonal precipitation forecasts would help support
    decisions to balance costs against risks of shortage.
        In 2015 NOAA released its first-ever service assessment for
    drought, for the California drought which had then completed its third
    year. NOAA assessments evaluate its performance after significant
    hydrometeorological, oceanographic, or geologic events. The assessments
    are triggered by factors such as major economic impacts to a large area
    or population, or extensive national public interest impacts.
    Assessments evaluate the effectiveness of products and services made
    available to stakeholders, to help NOAA continuously improve the
    services it provides. The drought assessment's top finding given the
    input received from numerous stakeholders emphasized the need for an
    improved seasonal prediction capability focused on cool-season mountain
    precipitation, both in California and in the Colorado River Basin. ``A
    majority of the stakeholders interviewed for this assessment noted one
    of the best services NOAA could provide is improved seasonal
    predictions with increased confidence and better interpretation.''
        NOAA's CPC seasonal precipitation products are national in scale
    and are not designed to provide regional forecast information--
    information which is most relevant to decision makers. For instance,
    State and Federal officials managing California's water supply have a
    major unmet need for skillful predictions targeted at cool-season
    snowpack for the Sierra Nevada Mountains.
        Improving the skill of S2S precipitation forecasting to make it
    usable for water resources management is scientifically challenging. In
    2016, the National Academy of Sciences released a report on a national
    research agenda for improving S2S forecasting. The report provided a
    vision for S2S forecasts that could be as widely used in the next
    decade as conventional weather forecasts are today. It identified key
    strategies and made 16 specific recommendations for a research agenda.
    It noted, ``More skillful and useful S2S forecasts--developed through
    sustained engagement with users and advances in basic knowledge and
    technological capabilities--could radically improve the basis for
    decision making on S2S timescales. There are also emerging science and
    technical capabilities that make rapid advances in S2S forecasts more
    likely than envisioned even 5 years ago.''
        Preliminary experimental work being performed by NOAA's Earth
    Systems Research Laboratory (ESRL) under a contract with the California
    Department of Water Resources developed a preliminary statistical model
    for S2S precipitation using sea surface temperatures and sea level
    pressure. This work demonstrates a potential opportunity for improving
    S2S forecasting precipitation through NOAA investment in statistical
    modeling.
        NOAA outlooks now rely heavily on the El Nino-Southern Oscillation
    (ENSO) as a source of predictability. NOAA's early winter forecast in
    2014 called for a weak to moderate El Nino with above-normal
    precipitation for California. ENSO conditions were neutral and
    California had one of its driest years on record. In 2015, NOAA
    correctly predicted the onset of very strong El Nino conditions, but
    the expectation of a wet Southern California and dry Pacific Northwest
    was met with continued drought in Southern California and flooding in
    the Pacific Northwest, illustrating how much work remains to be done to
    improve seasonal forecasting.
        NOAA's National Centers for Environmental Information (NCEI) tracks
    U.S. Billion-Dollar Weather and Climate Disasters (https://
    www.ncdc.noaa.gov/billions). The 2012 drought was the most extensive
    drought to affect the U.S. since the 1930s, with moderate to extreme
    drought conditions affecting more than half the country. Estimated
    losses totaled $34.8 billion. Drought in the West and Plains States in
    2013 caused an estimated $11.7 billion in losses. In 2014 California
    suffered its worst drought of record, and together with other States,
    losses were estimated at $4.4 billion. The western drought of 2015 cost
    $5 billion and in 2016 a Southeast and Northeast drought cost $3.8
    billion. Similarly, drought costs across the Nation have been estimated
    at $2.7 billion in 2017, $3.1 billion in 2018, and $4.5 billion in
    2020. These numbers don't include related wildfire losses, or losses
    due to floods. This year the West is experiencing another drought, the
    costs of which will be significant.
        Better S2S forecasts would help inform decision-making and help
    mitigate such losses. This $15 million request for a pilot project to
    accelerate research and improve S2S predictive capabilities is a small
    investment, compared to the potential savings nationwide.
                                     ______

             Prepared Statement of the Western States Water Council
                 nasa's applied earth science research programs
        The Western States Water Council (WSWC) is a policy advisory body
    representing 18 States. Members are appointed by their respective
    governors. Since 1965, the WSWC has long been involved in western water
    conservation, development, protection, and management issues, as well
    as promoting development and advancement of earth science, particularly
    water-related data acquisition, management and dissemination.
        The WSWC championed the placement of a thermal infrared (TIR)
    imager on Landsat 8 and the expedited construction and launch of
    Landsat 9 with TIR capabilities. We strongly support innovation to
    provide similar next generation National Land Imaging Program data--
    including thermal imaging capabilities--while exploring the potential
    for medium and longer-term advances in technology, design and future
    capabilities to meet existing and future uses. Landsat TIR data is used
    extensively by western States and others to measure and monitor
    agricultural and other outdoor water uses and needs. It is increasingly
    important for present and future management of our scarce water
    resources and is an excellent example of the application of basic
    science pioneered by the National Aeronautics and Space Administration
    (NASA).
        In the West, the agricultural and water communities have benefited
    tremendously from the use of moderate resolution thermal satellite data
    to map out, measure and monitor consumptive water use. Agriculture is
    by far the largest consumer of water in the West, and better managing
    that use is an essential component of both water and food security, as
    well as sustainable economic development and environmental protection.
    Increasing demands for water related to growth and changing values are
    leading to more and more transfers of water from agriculture to other
    uses, with resulting challenges in maintaining viable rural
    agricultural communities. Many western States are using Landsat thermal
    data to protect water rights and manage water use.
        NASA has identified the ``water and energy cycle'' and ``water
    resources'' as topics to support in the agency's research and
    applications programs respectively. The Council strongly supports and
    works cooperatively to advance linkages between NASA's capabilities and
    water managers' needs, working with NASA/JPL's Western Water
    Applications Office (WWAO). WWAO's mission is to ``connect the drops''
    and improve how water is managed in the arid western U.S. by getting
    NASA science, data and technology into the hands of water managers and
    decision makers. Connection, data and innovation are at the heart of
    WWAO.
        The Council urges the Congress to appropriate sufficient funds to
    support and enhance WWAO's and NASA's focus on research for water
    resources applications, as well as to promote long-term engagement with
    State and regional agencies in the western United States responsible
    for water management and water policy--so as to maximize benefits to
    the public from NASA's existing and future investments in Earth
    observations, Earth system models and systems engineering.
        The WSWC also calls on the Congress to plan for and provide
    resources for long-term continuity of observations and the transition
    from research to operations (R2O), such as the use of Landsat TIR
    sensor data. The Open Evapotranspiration (OpenET) software system and
    data platform is another example of the use of NASA TIRs data through
    an operational use partnership (https://openetdata.org/). OpenET is a
    collaboration involving scientists from Federal agencies and academic
    institutions using satellite and weather data to map consumptive water
    use/evapotranspiration (ET) at the individual field scale.
    Interferometric synthetic aperture radar (InSAR) is another tool that
    NASA has used to measure land subsidence due to groundwater extraction,
    and its use has been demonstrated as part of NASA's Airborne Snow
    Observatory (ASO) for estimating snowpack conditions. Additional
    airborne and spaceborne remote sensing research and observations have
    the potential to provide information on varied temporal and spatial
    scales that could with sustained engagement focus on the R2O transition
    and ultimately be useful for water resources planning, management and
    decision-making.
        NASA's work with the California Department of Water Resources on
    applications for use of remote sensing information has demonstrated
    that the potential exists for repurposing data collected from certain
    present NASA missions for water management applications, and that
    additional potential exists for research applications with sensors
    planned in future Decadal Survey missions such as the NASA-ISRO
    Synthetic Aperture Radar (NISAR), which is designed to observe and take
    measurements of the planet's crust and disturbances, including
    subsidence due to groundwater pumping. The successful transfer of
    technology from the research domain to the applications domain is
    dependent, in part, on continuing communication between researchers and
    those responsible for resource management and policy decisions and a
    long-term commitment to maintaining such communication.
        Much of the West is currently experiencing unprecedented drought
    conditions. Currently, nearly all of our 18 member States are suffering
    from severe to exceptional drought, with half afflicted by the latter,
    the driest condition represented on the U.S. Drought Monitor scale
    (www.drought.gov). Agricultural interests are hit hardest as crops,
    feed, and forage deteriorate and rise in cost, threatening farmers,
    ranchers, and dairies. In some cases, producers are culling herds.
    Municipal water shortages are also possible, particularly for rural
    communities. Dry, hot, and windy weather combined with dried out
    vegetation has wildfires on the rise. Western States are using NASA
    tools to monitor drought-related impacts and consumptive water uses and
    needs.
        Thank you for the opportunity to express our support for various
    NASA programs and missions the application of which support western
    water management.
                                     ______

            Prepared Statement of the Wildlife Conservation Society
     funding for the national oceanic and atmospheric administration (noaa)
        The Wildlife Conservation Society (WCS) would like to thank Chair
    Shaheen, Ranking Member Moran, and the Members of the subcommittee for
    providing this opportunity to submit testimony in support of funding in
    the fiscal year 2022 Commerce, Justice, Science and Related Agencies
    Appropriations Act for the National Oceanic and Atmospheric
    Administration's (NOAA) National Marine Sanctuaries Program, the
    National Marine Fisheries Service Office of Protected Resources funding
    for the critically endangered North Atlantic right whale and for
    Regional Ocean Data Portals within the Coastal Zone Management Grants
    and Services funding line.
        WCS was founded with the help of Theodore Roosevelt in 1895 with
    the mission of saving wildlife and wild places worldwide. Today, WCS
    manages the largest network of urban wildlife parks in the United
    States. Visited by 4 million people annually, the network includes our
    flagship, the Bronx Zoo, as well as the New York Aquarium in Brooklyn.
    Globally, our goal is to conserve the world's most important wild
    places, focusing on 14 priority regions that are home to more than 50
    percent of the world's biodiversity. We have offices and field programs
    in more than 60 countries and with our partners manage more than 200
    million acres of protected areas around the world, employing more than
    4,000 staff including about 200 Ph.D. scientists and 100 veterinarians.
    Working in all the world's oceans, WCS combines its expertise in the
    field, aquarium and zoos to achieve its conservation mission both in
    New York and around the world. In our view, the largest threats facing
    marine wildlife and habitats require innovative, science-based
    solutions that balance conservation and sustainable use of the ocean.
        The future of our ocean and coastal resources--and our National
    well-being--depends on a strong NOAA. For these reasons, we support
    robust investment in the Federal Government's premier ocean science,
    conservation and management agency. We ask that the subcommittee
    Members use this additional investment in NOAA in the fiscal year 2022
    Commerce, Justice, Science and Related Agencies appropriations bill to
    increase investments in the National Marine Sanctuaries Program, North
    Atlantic right whale conservation and regional ocean data portals.

        NOAA--National Marine Sanctuaries Program--$84.503 Million: The
    National Marine Sanctuary System is our essential network of protected
    waters held in trust for all Americans. Marine sanctuaries and
    monuments are home to millions of species, preserve our Nation's
    maritime heritage, and promote access for exploration and world-class
    outdoor recreation. The conservation and sustainable use of marine
    ecosystems and biodiversity are vital to maintaining a healthy ocean
    and Great Lakes, addressing the climate crisis, and underpinning
    productive coastal economies.
        The United States is an ocean nation containing 3.4 million square
    nautical miles of ocean-larger than the combined land area of all 50
    States. The National Marine Sanctuary Program serves as trustee for 14
    ecologically and culturally significant ocean and Great Lakes sites.
    The system works with diverse partners and stakeholders to promote
    responsible, sustainable ocean uses that ensure the health of our most
    valued ocean places. A healthy ocean is the basis for thriving
    recreation, tourism and commercial activities that drive coastal
    economies. The Office of National Marine Sanctuaries also leads the
    National Marine Protected Areas Center, the Nation's hub for building
    innovative partnerships and tools to protect our special ocean.
        WCS strongly supports the Biden-Harris Administration's commitment
    to 30x30 goals--conserving at least 30 percent of the world's lands and
    oceans by 2030 (30x30). U.S. implementation of 30x30 provides a
    critical foundation for global success on biodiversity conservation,
    mitigating and adapting to climate change through natural climate
    solutions, and preventing zoonotic spillover that causes pandemics such
    as COVID-19. It provides an opportunity for improved inter-agency
    coordination, as well as alignment, and synergy among existing and new
    laws, regulations, and mechanisms to enhance habitat protection. 30x30
    can also provide a pathway to reconciliation of the issues of equity
    and justice that underlie conservation in this country by honoring and
    elevating the role of Indigenous Nations in any 30x30 strategy.
        Although there are places that merit all protections that U.S. law
    can provide, working lands and busy waters also play a critical role in
    meeting the Nation's 30x30 goals. As such, the National Marine
    Sanctuaries Program which balances conservation and sustainable use
    must be an integral part of the U.S. response. The program needs
    additional resources to support existing Sanctuaries as well as to
    initiate the public-facing, stakeholder-driven process to designate new
    Sanctuaries in areas that NOAA has determined are worthy of
    designation. While there is no Sanctuary in the New York Bight, WCS
    nominated Hudson Canyon as a National Marine Sanctuary in 2016. Located
    just 100 miles from the Statue of Liberty, NOAA determined it is a site
    of ecological and economic importance and placed the nomination in its
    inventory of successful nominations. WCS's nomination recommended a
    Hudson Sanctuary designation would supplement and complement existing
    regulations by ensuring that oil, gas and mineral exploration and
    extraction be permanently precluded from a Hudson Sanctuary and that
    the existing authorities (e.g. Mid-Atlantic Fishery Management Council,
    the Atlantic States Marine Fisheries Commission and NOAA's Highly
    Migratory Species Division) continue to regulate fisheries when a
    Sanctuary is designated. With increased resources from Congress, WCS
    looks forward to NOAA initiating the public-facing, stakeholder driven
    designation process for Hudson Canyon.
        For these reasons, WCS supports the Biden-Harris Administration's
    recommended investment of $85.503m for the fiscal year 2022 Sanctuaries
    and Marine Protected Areas ORF as detailed in the President's Budget
    Request and Congressional Justification.

        NOAA--Office of Protected Species, funding for North Atlantic Right
    Whale conservation within Marine Mammals, Sea Turtles, and Others
    Species, $20 Million: NOAA's Office of Protected Species is responsible
    for the conservation, protection and recovery of more than 150
    endangered and threatened marine species under the Endangered Species,
    including the North Atlantic right whale. The Office is also
    responsible for the management and protection of all whales, dolphins,
    porpoises, seals, and sea lions under the Marine Mammal Protection Act.
        Fewer than 360 North Atlantic right whales remain on Earth, with as
    few as 90 breeding-aged females. While the 17 newborn calves sighted
    this winter offer an emblem of hope, right whale deaths still outnumber
    births by a margin of three to two. We are facing an emergency
    situation: this species cannot recover without a significant reduction
    to the high level of mortality they are currently experiencing,
    including from ship strikes in high trafficked areas such as New York
    and New Jersey waters. Scientists from the Wildlife Conservation
    Society, in collaboration with partners that include the Woods Hole
    Oceanographic Institution, monitor right whales and other marine
    mammals as they migrate through New York's busy waters. The New York
    Bight is used for shipping, fishing, and wind farm development, yet the
    impacts of these activities on whales is poorly understood. Eight
    million dollars out of $20 million is needed to increase investments in
    research, monitoring and management related to vessel strikes and
    fishing gear entanglements by NOAA. With this funding, managers,
    stakeholders and the public will be able to contribute to the
    conservation of the critically endangered North Atlantic right whale.

        NOAA--Coastal Zone Management Grants and Services, Regional Data
    Portals, $10 Million: The ocean is increasingly crowded and conflicts
    arising from current and emerging offshore ocean uses present unique
    management challenges. These challenges must be addressed regionally,
    including collaboration between regions, and holistically with States,
    Tribes, fishery management councils, Federal agencies, and other ocean
    users across all sectors, including industry and conservation partners.
    Regional Ocean Partnerships (ROPs), convened by coastal State
    governors, are already structured to maximize interagency collaboration
    on cross-jurisdictional ocean and coastal matters and many have been
    efficient models for convening all ocean users.
        Ocean data portals developed by ROPs are designed to maximize
    interagency collaboration on cross-jurisdictional ocean and coastal
    matters while also providing an important tool for stakeholder
    engagement and public education. Both ROPs and the publicly accessible
    ocean data portals they manage serve a key coordinating function,
    working to enhance a common understanding among stakeholders and
    agencies about ocean resources and their use. This leads to improved
    management decisions that help cut costs, benefit our business
    ventures, boost our scientific understanding, and conserve ocean
    ecosystems. WCS relies on the Mid-Atlantic Regional Council on the
    Ocean (MARCO) data portal to inform our conservation work. We also use
    this unique tool to inspire and educate teachers and students about
    marine conservation.
        WCS appreciates the opportunity to share its perspective and to
    make a case for increases in Federal investments in conservation in the
    fiscal year 2022 Commerce, Justice, Science and Related Agencies
    Appropriations Act. As an ocean nation, Americans depend on Federal
    investment in NOAA programs that are rooted in marine science and
    stakeholder engagement. These investments will help us balance marine
    conservation and sustainable use of the ocean.
        Thank you for the opportunity to provide details on these WCS
    requests to the Commerce, Justice, Science and Related Agencies
    Appropriations subcommittee in preparation for the fiscal year 2022
    Appropriations Act. WCS marine science and policy experts are available
    to the subcommittee should there be any follow up questions.
        Contact: Noah Chesnin, Associate Director, New York Seascape
    Program, nchesnin@wcs.org

           LIST OF WITNESSES, COMMUNICATIONS, AND PREPARED STATEMENTS

                                  ----------
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    American:
        Bar Association, Prepared Statement of the...................   259
        Educational Research Association, Prepared Statement of the..   260
        Geophysical Union, Prepared Statement of the.................   263
        Indian Higher Education Consortium, Prepared Statement of the   265
        Institute of Biological Sciences, Prepared Statement of the..   268
        Mathematical Society, Prepared Statement of the..............   270
        Society for:
            Engineering Education, Prepared Statement of the.........   272
            Microbiology, Prepared Statement of the..................   274
            The Prevention of Cruelty to Animals, Prepared Statement
              of the.................................................   276
        Society of Plant Biologists, Prepared Statement of the.......   277
    Animal Welfare Institute, Prepared Statement of the..............   280
    Anti-Defamation League, Prepared Statement of the................   283
    Association for Psychological Science (APS), Prepared Statement
      of the.........................................................   286

    Boozman, Senator John, U.S. Senator From Arkansas, Questions
      Submitted by...................................................    90

    Capito, Senator Shelley Moore, U.S. Senator From West Virginia,
      Questions Submitted by

    CAST, Prepared Statement of......................................   288
    Coastal States Organization, National Estuarine Research Reserve,
      National Marine Sanctuary Foundation, IOOS Association, and Sea
      Grant Association, Prepared Statement of the...................   290
    Collins, Senator Susan M., U.S. Senator From Maine, Questions
      Submitted by

    Columbia River Inter-Tribal Fish Commission, Prepared Statement
      of the.........................................................   293
    Consortium:
        For Ocean Leadership, Prepared Statement of the..............   296
        Of Social Science Associations, Prepared Statement of the....   299
    Coons, Senator Christopher A., U.S. Senator From Delaware,
      Questions Submitted by.........................................   126
    Court Appointed Special Advocates/Guardian ad Litem, Prepared
      Statement of the...............................................   302
    CRS Remembered, Prepared Statement of............................   304

    Daughters of Penelope, Prepared Statement of the.................   307
    Demand Progress, Prepared Statement of...........................   310

    Eli Parson, Graduate of the San Francisco Family Treatment Court,
      San Francisco, California, Prepared Statement of...............   312
    Entomological Society of America, Prepared Statement of the......   314

    Federal Managers Association, Prepared Statement of the..........   316
    Federation of:
        American Societies for Experimental Biology, Prepared
          Statement of the...........................................   319
        Associations in Behavioral and Brain Sciences, Prepared
          Statement of the...........................................   321
    Florida Agricultural and Mechanical University, Prepared
      Statement of the...............................................   324
    Futures Without Violence, Prepared Statement of..................   326

    Garland, Hon. Merrick B., Attorney General, Department of
      Justice:
        Prepared Statement of........................................   139
        Questions Submitted to.......................................   176
        Statement of.................................................   138
    Geological Society of America, Prepared Statement of the.........   327
    Graham, Senator Lindsey, U.S. Senator From South Carolina,
      Questions Submitted by.........................................    90

    Hagerty, Senator Bill, U.S. Senator From Tennessee, Questions
      Submitted by...................................................    96
    Human Factors and Ergonomics Society, Prepared Statement of the..   330

    Jamestown S'Klallam Tribe, Prepared Statement of the.............   331
    Joint Ocean Commission Initiative to the U.S. Senate Committee on
      Appropriations, Subcommittee on Commerce, Justice, Science, and
      Related Agencies, Prepared Statement of the....................   334

    Kennedy, Senator John, U.S. Senator From Louisiana, Questions
      Submitted by

    Leahy, Senator Patrick, U.S. Senator From Vermont, Questions
      Submitted by

    Manchin, III, Senator Joe, U.S. Senator From West Virginia,
      Questions Submitted by

    Merkley, Senator Jeff, U.S. Senator From Oregon, Questions
      Submitted by

    Monterey Bay Aquarium, Monterey, California, Prepared Statement
      of the.........................................................   338
    Moran, Senator Jerry, U.S. Senator From Kansas:
        Opening Statements of

        Questions Submitted by

    Mousseau, Cynthia, JD, Prepared Statement of.....................   304
    Murkowski, Senator Lisa, U.S. Senator From Alaska, Questions
      Submitted by

    National:
        American Indian Court Judges Association, Prepared Statement
          of the.....................................................   340
        Association of Assistant United States Attorneys, Prepared
          Statement of the...........................................   344
        Fire Protection Association, Prepared Statement of the.......   346
        Legal Aid & Defender Association, Prepared Statement of the..   348
    Natural Science Collections Alliance, Prepared Statement of the..   351
    Nature Conservancy, Prepared Statement of the....................   353
    Nelson, Hon, Bill, Administrator, National Aeronautics and Space
      Administration:
        Prepared Statement of........................................   193
        Questions Submitted to.......................................   212
        Statement of.................................................   192
    New Hampshire Office of the Child Advocate, Prepared Statement of
      the............................................................   356
    Nonprofit:
        Civil and Human Rights Advocacy and Religious Organizations,
          Prepared Statement of......................................   360
        Voter Assistance, Civil Rights, and Religious Organizations,
          Prepared Statement of......................................   363
    Northwest Indian Fisheries Commission, Prepared Statement of the.   365

    Ocean Conservancy, Prepared Statement of the.....................   368
    OpenSecrets, Prepared Statement of...............................   370

    Panchanathan, Hon. Sethuraman, Director, National Science
      Foundation:
        Prepared Statement of........................................     7
        Questions Submitted to.......................................    33
        Statement of.................................................     5
    Pew Charitable Trusts, Prepared Statement of the.................   372
    Population Association of America/Association of Population
      Centers, Prepared Statement of the.............................   372

    Raimondo, Hon. Gina, Secretary, Department of Commerce:
        Prepared Statement of........................................   104
        Questions Submitted to.......................................   121
        Statement of.................................................   103
    Regional Information Sharing Systems, Prepared Statement of the..   375
    Research!America, Prepared Statement of..........................   378

    Sac and Fox Nation, Prepared Statement of the....................   379
    Schatz, Senator Brian, U.S. Senator From Hawaii, Questions
      Submitted by...................................................   183
    Sea Grant Association, Prepared Statement of the.................   382
    Shaheen, Senator Jeanne, U.S. Senator From New Hampshire:
        Opening Statements of

        Questions Submitted by

        Statement of.................................................   100
    Society for:
        Industrial and:
            Applied Mathematics (SIAM), Prepared Statement of the....   384
            Organizational Psychology, Prepared Statement of the.....   386
        Neuroscience, Prepared Statement of the......................   388

    Tai, Hon. Katherine, Ambassador, U.S. Trade Representative:
        Prepared Statement of........................................    68
        Questions Submitted to.......................................    85
        Statement of.................................................    66
    Tribal Law and Policy Institute, Prepared Statement of the.......   392

    United States Section of the Pacific Salmon Commission, Prepared
      Statement of the...............................................   394

    Van Hollen, Senator Chris, U.S. Senator From Maryland, Questions
      Submitted by

    Western:
        Governors' Association, Prepared Statement of the............   396
        States Water Council, Prepared Statements of the

    Wildlife Conservation Society, Prepared Statement of the.........   401
    Wray, Hon. Christopher, Director, Federal Bureau of
      Investigation:
        Prepared Statement of........................................   219
        Questions Submitted to.......................................   247
        Statement of.................................................   217

                                SUBJECT INDEX

                                  ----------

                             DEPARTMENT OF COMMERCE

                                                                       Page

    Additional Committee Questions...................................   121
        Questions Submitted by Senators:
            Coons, Christopher A.....................................   126
            Moran, Jerry.............................................   122
            Murkowski, Lisa..........................................   126
            Shaheen, Jeanne..........................................   121
                A Review of the President's Fiscal Year 2022 Funding
                  Request for the U.S. Department of Commerce........   121
            Van Hollen, Chris........................................   130
    Canadian Border Closure..........................................   120
    Coordination of Federal Cybersecurity Efforts....................   111
    Countervailing:
        Duties on Lumber.............................................   108
        Duty/Antidumping Cases.......................................   118
    Department of Commerce Digital Infrastructure....................   109
    Deployment of NOAA Ships.........................................   111
    EDA American Rescue Plan Funds

    Enhancing American Competitiveness...............................   114
    Fisheries Monitoring Costs.......................................   120
    ITMS Discussion..................................................   106
    Manufacturing and Technical Education............................   118
    NOAA Fisheries Surveys...........................................   115
    Raimondo, Hon. Gina M., Secretary, Department of Commerce,
      Prepared Statement of:
        Advance Economic Recovery in Underserved Communities.........   105
        Improve Weather and Climate Forecasting......................   106
        Invest in Climate Science and Research.......................   106
        Spur Research and Technological Innovation...................   105
        Strengthening American Competitiveness and Security..........   106
        Support American Manufacturing...............................   105
    Return on Investment of Public Funds.............................   110
    Right Whale Rulemaking...........................................   112
    Seasonal Small Business Workforce................................   119
    Section 232 Tariffs..............................................   117
    Softwood Lumber..................................................   112
    United States Innovation and Competition Act.....................   107
                                   __________

                             DEPARTMENT OF JUSTICE

    Additional Committee Questions...................................   176
        Questions Submitted by Senators:
            Collins, Susan M.........................................   181
            Leahy, Patrick...........................................   176
            Merkley, Jeff............................................   179
            Schatz, Brian............................................   183
            Van Hollen, Chris........................................   181
    Garland, Hon. Merrick B., Attorney General, Department of
      Justice, Prepared Statement of:
        Top Funding Priorities:
            1. GKeeping our Country and Communities Safe.--This
              includes funds for:
                Combating Violent Crime and Gun Violence.............   140
                Countering Foreign and Domestic Terrorism............   140
                Enhancing Cybersecurity and Fighting Cybercrime......   140
            2. GProtecting Civil Rights and Civil Liberties.--Another
              top Department priority is protecting civil rights and
              civil liberties. This includes:
                Addressing Inequities in the Criminal Justice System.   140
                Advancing Environmental Justice......................   140
                Ending Gender-Based Violence.........................   140
                Investing in Community Policing......................   140
                Reinvigorating the Department's Civil Rights
                  Components.........................................   140
            3. GEnsuring Economic Opportunity and Fairness:
                Combating Fraud and Protecting Consumers.............   140
                Reinvigorating Antitrust Enforcement.................   140
                Revitalizing Tax Enforcement.........................   140
            4. GReducing the Immigration Court Backlog...............   141
        Greater detail on all of these priorities is provided below:
            1. GKeeping our Country and Communities Safe:
                Combating Violent Crime and Gun Violence.............   141
                Countering Foreign and Domestic Terrorism............   141
                Enhancing Cybersecurity and Fighting Cybercrime......   141
                New Programs are Also Proposed.......................   142
            2. GProtecting Civil Rights and Civil Liberties:
                Addressing Inequities in the Criminal Justice System.   144
                Advancing Environmental Justice......................   144
                Ending Gender-Based Violence.........................   143
                Investing in Community Policing......................   142
                Reinvigorating the Department's Civil Rights
                  Components.........................................   142
            3. GEnsuring Economic Opportunity and Fairness:
                Combating Fraud and Protecting Consumers.............   145
                Reinvigorating Antitrust Enforcement.................   145
                Revitalizing Tax Enforcement.........................   145
            4. GReducing the Immigration Court Backlog...............   145
                                   __________

                        FEDERAL BUREAU OF INVESTIGATION

    Additional Committee Questions...................................   247
        Questions Submitted by Senators:
            Leahy, Patrick...........................................   247
            Manchin, Joe, III........................................   253
            Murkowski, Lisa..........................................   251
            Van Hollen, Chris........................................   251
    Wray, Hon. Christopher, Director, Federal Bureau of
      Investigation, Prepared Statement of...........................   219
        Criminal Threats.............................................   226
            Violent Crime............................................   227
        Fiscal Year 2022 Budget Overview.............................   220
        Key Threats and Challenges...................................   220
        National Security............................................   221
            Capitol Violence.........................................   221
            Cyber....................................................   224
            Foreign Influence........................................   225
            Lawful Access............................................   222
            Top Terrorism Threats....................................   221
                                   __________

                 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

    Additional Committee Questions...................................   212
        Questions Submitted by Senators:
            Manchin, Joe, III........................................   212
                A Review of the Fiscal Year 2022 Budget Request for
                  the National Aeronautics and Space Administration..   212
            Van Hollen, Chris........................................   213
                                   __________

                          NATIONAL SCIENCE FOUNDATION

    $50 Billion for TIP..............................................    25
    Additional Committee Questions...................................    33
        Questions Submitted by Senators:
            Capito, Shelley Moore....................................    52
                Pandemic Period Support for Green Bank Observatory...    52
                ``Open Skies'' Science...............................    53
            Collins, Susan M.........................................    53
                COVID-19 Impact on Public Scientific Research........    53
                Rapid Grants Using COVID-Relief Funds................    54
                Post-Pandemic Investment Recommendations.............    54
            Kennedy, John............................................    55
                Taxpayer Dollar Stewardship..........................    55
                EPSCoR Funding in Louisiana..........................    55
                Estimated Student Participants in Fiscal Year 2020...    56
                Students Externally Engaged in Fiscal Year 2020......    56
                Geographic Diversity of SBIR/STTR Award Funding......    56
            Manchin, Joe, III........................................    47
                Green Bank Observatory Operations (GBO) Planning.....    47
                NSF's Major Infrastructure Maintenance and Upgrade
                  Processes, Including Green Bank....................    48
                Green Bank Telescope Capabilities....................    48
                Apprenticeship Programs..............................    48
                Equity in Investments Beyond EPSCoR..................    50
            Merkley, Jeff............................................    51
                COVID-19 Impact on Stem Research.....................    51
            Moran, Jerry.............................................    43
                Proposed NSF Budget Increase.........................    43
                Artificial Intelligence (AI) Research................    44
                Science and Security.................................    45
                Geographic Diversity of Award Funding................    46
                New Directorate Organizational Model.................    47
                New Directorate Legislative Authorities..............    47
            Murkowski, Lisa..........................................    60
                New Directorate and Partnership With DOE.............    60
                New Directorate and Alaskan Universities.............    60
                Expanding EPSCoR in Alaska...........................    60
                Use-Inspired Research and Inclusion of Native Voices
                  and Perspectives...................................    61
                NSF USArray Transportable Array Transfer to National
                  Mesonet Program (NMP)..............................    61
                New Landslide Warning System (LWS) and Research......    62
            Shaheen, Jeanne..........................................    33
                A Review of the President's Fiscal Year 2022 Funding
                  Request for the National Science Foundation and
                  Securing U.S. Competitiveness......................    33
                    New NSF Directorate..............................    33
                    COVID-19 Pandemic................................    35
                NSF Major Facility COVID-19 Status--May 5, 2021......    38
                    Operations Stage Facilities......................    38
                       BIO...........................................    38
                       ENG...........................................    38
                       GEO...........................................    39
                       MPS...........................................    39
                    Construction Stage Facilities....................    40
                    Post COVID-19....................................    40
                    NSF EPSCoR Program...............................    40
                    New Major Research Projects......................    41
                    New Facility Transition Funding Pilot............    42
                    Arctic Research..................................    42
            Van Hollen, Chris........................................    56
                Minority-Serving Institutions Award Funding..........    56
                NSF Direct Funding to All Categories of Minority-
                  Serving Institutions: Fiscal Year 2010-Fiscal Year
                  2019...............................................    57
                COVID-19 Impact on Gender in Research................    57
                COVID-19 Driven Research Delays......................    59
                Climate Change and Alternative Protein Research......    59
    Broadening Participation.........................................    14
    Collaborating With Other Agencies................................    17
    Commercialization of Technologies................................    28
    Competition......................................................    20
    Competitive Research Proposals Funding Levels....................    12
    EPSCoR...........................................................    21
    Expanding Access.................................................    16
    Grants...........................................................    12
    May 1 Deadline for OSTP Report...................................    19
    Office of Science and Technology Policy R&D Government
      Expenditures...................................................    18
    Partnership With DOE.............................................    27
    Partnerships

    Preventing Duplication in Research and Funding...................    28
    Quantum Technology and TIP.......................................    23
    Small Business...................................................    21
    Spending Plan for Budget Increase................................    24
    STEM Education...................................................    30
    Supercomputing...................................................    26
    The National Science Foundation's Fiscal Year 2022 Budget Request     7
        A Vision for the Future......................................     8
        Conclusion...................................................    11
        Investing in Innovation......................................     8
            Advances:
                Climate Science and Sustainability Research..........    11
                Racial Equity in Science and Engineering.............    10
            Continues Construction of Major Research Facilities......    11
            Enhance Fundamental Research and Development.............     9
            Strengthens U.S. Leadership in Emerging Technologies.....     9
        Introduction.................................................     7
        The Fight Against COVID-19...................................     7
    TIP..............................................................    16
    West Virginia Labs...............................................    29
                                   __________

                    OFFICE OF THE U.S. TRADE REPRESENTATIVE

    Additional Committee Questions...................................    85
        Questions Submitted by Senators:
            Boozman, John............................................    90
            Capito, Shelley Moore....................................    91
            Collins, Susan...........................................    90
            Graham, Lindsey..........................................    90
            Hagerty, Bill............................................    96
            Kennedy, John............................................    92
            Leahy, Patrick...........................................    85
                A Review of the Activities and Fiscal Year 2022
                  Funding Priorities of the Office of the U.S. Trade
                  Representative.....................................    85
            Manchin, Joe, III........................................    86
            Murkowski, Lisa..........................................    89
            Van Hollen, Chris........................................    88

                                       [all]