[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
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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
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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
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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
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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
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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
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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.
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\1\ www.nap.edu/resource/26061/ReportHighlights_WomenCOVID-
19_FINAL.pdf
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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.
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\2\ www.nsf.gov/pubs/2021/nsf21021/nsf21021.jsp
\3\ www.nsf.gov/bfa/dias/policy/covid19/covid19_deadlines.pdf
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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.
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\4\ www.nap.edu/resource/26061/ReportHighlights_WomenCOVID-
19_FINAL.pdf
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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.
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\5\ www.nsf.gov/pubs/2021/nsf21021/nsf21021.jsp
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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.
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\6\ www.nsf.gov/pubs/2020/nsf20554/nsf20554.htm
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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.
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\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
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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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\12\ www.nsf.gov/publications/
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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\13\ www.nsf.gov/bfa/dias/policy/researchprotection/
PersonnelPolicyForeignGovTalentRecruitment%20Programs07_11_2019.pdf
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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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\14\ www.nsf.gov/bfa/dias/policy/researchprotection/
PersonnelPolicyForeignGovTalentRecruitment%20Programs07_11_2019.pdf
\15\ www.nsf.gov/bfa/dias/policy/biosketch.jsp
\16\ www.nsf.gov/bfa/dias/policy/cps.jsp
\17\ www.ncbi.nlm.nih.gov/sciencv/
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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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\18\ https://trumpwhitehouse.archives.gov/presidential-actions/
presidential-memorandum-united-states-government-supported-research-
development-national-security-policy/
\19\ https://trumpwhitehouse.archives.gov/wp-content/uploads/2021/
01/NSTC-Research-Security-Best-Practices-Jan2021.pdf
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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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\20\ www.nsf.gov/pubs/2021/nsf21076/
nsf21076.jsp?WT.mc_id=USNSF_25&WT.mc_ev=click
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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\
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\21\ www.nsf.gov/bfa/dias/policy/covid19/
covid19_nsfomb2120implementation.pdf
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--NSF Implementation of OMB Memorandum M-20-26 \22\
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\22\ www.nsf.gov/bfa/dias/policy/covid19/
covid19_nsfomb2026implementation.pdf
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--NSF Implementation of OMB Memorandum M-20-20 \23\
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\23\ www.nsf.gov/bfa/dias/policy/covid19/
covid19_nsfomb2020implementation.pdf
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--NSF Implementation of OMB Memorandum M-20-17 \24\
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\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
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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.
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\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
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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.
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\27\ https://beta.nsf.gov/science-matters/researchers-apply-covid-
19-lessons-prevent-future-pandemics
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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.
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\28\ www.nsf.gov/nsb/publications/2020/merit_review/FY-2019/
nsb202038.pdf
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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.
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\29\ www.nsf.gov/nsb/publications/2020/nsb202015.pdf
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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.
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\30\ www.nsf.gov/pubs/2020/nsf20554/nsf20554.htm
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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.
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\31\ https://nsf.zoomgov.com/webinar/register/WN_Gf5S1V4PRJW5-
m25N8tQpQ
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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).
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\32\ www.nsf.gov/pubs/2021/nsf21023/nsf21023.jsp
\33\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=505892
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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.
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\34\ www.nsf.gov/funding/pgm_summ.jsp?pims_id=503214
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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.
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\37\ www.nsf.gov/publications/
pub_summ.jsp?WT.z_pims_id=505637&ods_key=nsf19551
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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\
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\38\ www.foodnavigator-usa.com/Article/2020/10/30/Meati-Foods-
raises-28m-to-expand-its-fungi-based-protein-platform
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______
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.
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\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\
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\2\ These reports are required by sections 1(a) and 1(b) of
Executive Order 13,848.
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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.
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\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.
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\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.
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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\
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\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
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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.
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\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
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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\
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\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
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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.
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\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
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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.
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\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
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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.
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\1\ https://mathscinet.ams.org/mathscinet
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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\
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\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\
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\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.
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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.
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\5\ Research and Development: U.S. Trends and International
Comparisons. Science and Engineering Indicators, National Science
Board, January 2020.
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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.
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\6\ https://www.nsf.gov/nsb/publications/2020/nsb202013.pdf
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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\
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\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
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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\
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\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
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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.
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\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
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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.
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\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
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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.
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\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/
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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
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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\
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\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
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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.
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\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.
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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\
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\5\ Knowlton et al. (2016).
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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\
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\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
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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,
[email protected].
[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.''
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\1\ https://www.nap.edu/catalog/24790/the-value-of-social-
behavioral-and-economic-sciences-to-national-priorities
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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 [email protected].
______
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.
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\1\ https://www.justice.gov/jmd/page/file/1160581/download, Page
59.
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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\
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\3\ https://www.cdc.gov/violenceprevention/pdf/2015data-
brief508.pdf
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--One in 4 women and 1 in 10 men have experienced physical violence
by an intimate partner during their lifetime.\4\
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\4\ https://www.cdc.gov/violenceprevention/pdf/NISVS-infographic-
2016.pdf
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--In 2015, 1,270 women and men were murdered by an intimate partner
(e.g. husband, wife, boyfriend, girlfriend).\5\
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\5\ https://www.cdc.gov/violenceprevention/pdf/NISVS-
StateReportBook.pdf
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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\
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\6\ https://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-
a.pdf
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--Nationwide, an average of 3 women are killed by a current or former
intimate partner every day.\7\
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\7\ NNEDV Domestic Violence Fact Sheet, accessed https://nnedv.org/
mdocs-posts/domestic-violence-and-sexual-assault-factsheet/
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--Approximately 15.5 million children are exposed to domestic
violence annually.\8\
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\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.
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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.
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\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.
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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.
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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.
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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
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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:
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\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\
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\4\ NSF Collaborations with Federal Agencies and Others, National
Science Foundation, Alexandria, VA
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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\
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\5\ Education and Human Resources Directorate, National Science
Foundation, Alexandria, VA
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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\
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\6\ Report on the National Science Foundation's Merit Review
Process, Fiscal Year 2019, National Science Foundation, Alexandria, VA
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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\
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\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.
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\1\ https://www.nsf.gov/about/budget/fy2021/pdf/28_fy2021.pdf
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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,
[email protected],, Kiersten Stewart, Director of
Public Policy and Advocacy, at [email protected], or
Sally Schaeffer, consultant, at [email protected].
[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
[email protected].
[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
([email protected]) 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\
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\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\
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\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
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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)
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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.
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\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
[email protected] 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
[email protected] 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 [email protected] 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\
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\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\
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\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).
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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, [email protected]
LIST OF WITNESSES, COMMUNICATIONS, AND PREPARED STATEMENTS
----------
Page
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
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