    [Senate Hearing 117-824]
    [From the U.S. Government Publishing Office]

                                                               S. Hrg. 117-824

                          COMMERCE, JUSTICE, SCIENCE, AND RELATED
                            AGENCIES APPROPRIATIONS FOR FISCAL YEAR
                            2023

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

                                    HEARINGS

                                    BEFORE A

                              SUBCOMMITTEE OF THE

                           COMMITTEE ON APPROPRIATIONS
                               UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 SECOND SESSION

                                       on

                               H.R. 8256/S. 4664

                AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COM-
                 MERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES FOR
                 THE FISCAL YEAR ENDING SEPTEMBER 30, 2023, AND FOR OTHER
                 PURPOSES

                                   __________

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

                                   __________

             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
    46-647 PDF                  WASHINGTON : 2024

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

                          COMMITTEE ON APPROPRIATIONS

                        PATRICK LEAHY, Vermont, Chairman

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

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

                                     ------

        Subcommittee on Commerce, Justice, Science, and Related Agencies

                    JEANNE SHAHEEN, New Hampshire, Chairman

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

                               Professional Staff

                                Jean Toal Eisen
                               Michael Bednarczyk
                                 Jennifer Eskra
                                Blaise Sheridan

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

                             Administrative Support
                                 Angela Caalim
                           Sydney Crawford (Minority)

                                C O N T E N T S

                                  ----------

                                    hearings

                           Tuesday, February 1, 2022

                                                                       Page

    Department of Commerce...........................................     1

                            Tuesday, April 26, 2022

    Department of Justice............................................    57

                              Tuesday, May 3, 2022

    National Aeronautics and Space Administration....................   113
    National Science Foundation......................................   113

                            Wednesday, May 11, 2022

    Department of Commerce...........................................   167

                            Wednesday, May 25, 2022

    Federal Bureau of Investigation..................................   223

                            Wednesday, June 22, 2022

    Office of the U.S. Trade Representative..........................   263

                                  ----------

                                  back matter

    Departmental Witnesses...........................................   303
        U.S. Department of Commerce..................................
          307........................................................
        U.S. Department of Justice...................................
          310........................................................

    List of Witnesses, Communications, and Prepared Statements.......   451

    Nondepartmental Witnesses........................................   312

    Subject Index:

        Department of Commerce.......................................   455

        Department of Justice........................................   456

        Federal Bureau of Investigation..............................   457

        National Aeronautics and Space Administration................   457

        National Science Foundation..................................   457

        Office of the U.S. Trade Representative......................   458

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2023

                                  ----------

                           TUESDAY, FEBRUARY 1, 2022

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

        The subcommittee met at 2:30 p.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair) presiding.
        Present: Senators Shaheen, Leahy, Reed, Coons, Schatz,
    Manchin, Van Hollen, Moran, Murkowski, Collins, Boozman,
    Capito, Hagerty, and Braun.

                             DEPARTMENT OF COMMERCE

                  opening statement of senator jeanne shaheen

        Senator Shaheen. Good afternoon, everyone. Hopefully you
    are all awake. Madam Secretary, so nice to have you join us
    today.
        And let me just point out that we are going to be taking
    questions in order of seniority. We have got a hybrid, so we
    may have some folks coming virtually, but we are going to do it
    in order of seniority. And that way we don't have to worry
    about when people signed on to the virtual screen. So very nice
    to be here with my Ranking Member, Senator Moran; and with the
    Chairman of the Appropriations Committee, Senator Leahy, and my
    neighbor, so nice of you to join us this afternoon.
        The Subcommittee on Commerce, Justice, Science, and Related
    Agencies will officially come to order. And we welcome everyone
    to today's hearing.
        I had a chance last week, when I was in New Hampshire, to
    meet with the New Hampshire Municipal Association, to hear from
    towns all over the State about their pressing infrastructure
    needs. And I am sure it will come as no surprise to anyone here
    that the list communities have is very long, but at the top of
    that list is access to reliable, affordable Internet.
        And New Hampshire, like in every other State around the
    country, you can't fully participate in American life without
    reliable, high-speed Internet. Just ask the parent of any
    school-aged child about navigating schools during the pandemic,
    ask any small business owner, or anyone trying to schedule a
    visit with their local doctor.
        The pandemic lay bare what has been true, that broadband,
    like water and electricity, is a necessity. And I know that we
    all heard stories from families in our States about having to
    go to McDonald's to get access to the Internet because their
    kids couldn't get access for school.
        By some estimates, more than 40 million Americans don't
    have access to broadband. Those without access are
    disproportionately low-income individuals, and in a country
    like the United States, this just should not be the case.
        In November, the President signed into law the
    Infrastructure Investment and Jobs Act, a landmark bill that
    invests $65 billion to expand broadband in our country. And of
    that amount, nearly $50 billion will be administered by the
    National Telecommunications and Information Administration, or
    NTIA, within the Department of Commerce, and under the
    jurisdiction of this subcommittee, a fortunate occurrence for
    all of the Members of the subcommittee, and one that my Ranking
    Member pointed out to me very early.
        Together, these programs will be used to deploy broadband
    to unserved and underserved locations, create more low-cost
    broadband service options, install middle-mile infrastructure,
    and address the digital equity and inclusion needs in our
    community. I think it is worth pausing to note that this bill's
    passage is due in no small part to the tireless work of many of
    the Members of this subcommittee. In particular, our Ranking
    Member, Senator Moran, as well as Senators Manchin, Collins,
    Coons, Murkowski, Graham, and Capito, I think all deserve
    recognition as they all participated in the group effort to
    negotiate this law.
        I especially like to thank Senator Collins who led the
    bipartisan broadband working group with me.
        And also would be remiss not to thank you, Madam Secretary,
    because without your leadership, and your consistent engagement
    with us, we would not be here today. So thank you very much.
        There is still so much more work to do, as we all know, and
    as you can expect, my colleagues and I on the subcommittee are
    eager to see this money get out the door and to our States. We
    know the release of the Federal Communications Commision's
    broadband maps. I recognize that is not within your direct
    control, but we look forward to hearing an update from you
    about the mapping process and when you think those will be
    ready.
        Beyond questions of timing, I have also heard questions
    from my State about the difficulty in navigating so many
    Federal and State broadband initiatives. These programs often
    overlap and they have different requirements. Cities and towns
    across New Hampshire are looking for assurances that there will
    be effective coordination amongst States and the various
    Federal agencies administering broadband programs. That
    coordination will be very important to serve more people and
    stretch our dollars further.
        We also know that creating low-cost options for reliable,
    high-speed Internet is crucial. We look forward to hearing how
    the Department plans to work with States to develop these
    proposals as mandated by the Bipartisan Infrastructure Law.
        These challenges are just the tip of the iceberg, but I
    would like you, Madam Secretary, to know that we on the
    subcommittee stand ready to assist the Department as it
    executes these investments. We all know the stakes. Effectively
    managed it is no exaggeration to say that these investments
    will transform the lives of tens of millions of Americans.
    Madam Secretary, we know you understand the stakes as well, and
    we very much look forward to your testimony this afternoon.
        With that, let me recognize the Ranking Member, Senator
    Moran, for his opening remarks.

                    opening statement of senator jerry moran

        Senator Moran. Senator Shaheen, thank you. Thank you very
    much for convening this hearing. It is timely. I am pleased
    that we are doing this in advance of the decisions that NTIA
    and the Department of Commerce will make, as they execute the
    authorities that we have granted them in the bipartisan bill.
    And I appreciate, always, when I see an appropriation
    subcommittee and an appropriations committee engaged in
    overseeing the activities of the agencies in departments that
    we fund.
        And Secretary Raimondo, I welcome you to this, your first
    appearance before the CJS Subcommittee in 2022, and I look
    forward to working with you in this New Year. I think your
    insight as a Governor, a former Governor, is something that
    will be of great value in this particular arena. But in many
    aspects of the job you hold at the Department of Commerce.
        The Infrastructure Investment and Jobs Act gives the
    Department authority over $48 billion in taxpayer dollars for
    broadband programs. These programs cover everything from
    enabling States to connect unserved areas, to furthering
    connectivity for Tribes, to strengthening the backbone of
    infrastructure that will make our goal of increasing access
    possible.
        The Department is at the forefront of this once-in-a-
    generation investment. And I really do hope that this is the
    time in which we are done saying, this is the moment in which
    we are going to get speed and interconnectivity to places that
    are underserved and unserved in this country. We cannot
    continue to have new programs, additional billions of dollars
    over, and over, and over again, while our constituents, while
    America waits for the valuable use of the Internet.
        Despite the significant funding allocated for broadband
    deployment, it will still be a challenge to meet those goals.
    We must make certain that Federal funds are well coordinated,
    and do not contribute to overbuilding of existing networks
    while some Americans would continue to lack access to broadband
    altogether. I hear often from Kansas broadband providers about
    the various challenges facing them when it comes to deployment.
        One provider told me recently that a group of 19 families
    in rural Ellsworth County, Kansas, have been asking for service
    to be built out to their farms for years, with the promise that
    they would subscribe to that service. Unfortunately, the area
    remains a ``pending'' location under the FCC's Rural Digital
    Opportunity Fund. The RDOF highlights the challenges that when
    we pass legislation, it still doesn't mean that broadband shows
    up in places across our States.
        It highlights the challenges that States face on working to
    plan to reach the unserved, and they wait upon updated maps and
    attempts to navigate the myriad of broadband programs that the
    Chair mentioned.
        I recently had a conversation with Stanley Adams, he is the
    director of the Kansas Office of Broadband Development.
    Implementation of these programs is going to be an enormous
    challenge. My goal in having a conversation with him, and our
    conversation with you today, is to see if we can't get those on
    the ground involved with those who are making decisions about
    how the deployment should occur.
        Having said all those challenges, I am excited about this
    opportunity. A significant reason I asked Kansans to give me
    the chance to represent them was a belief in rural America. And
    one of the components of taking care of rural America to see
    that it has a bright future is the access to broadband.
        Fundamentally, the Department needs to be a partner, and
    NTIA must work to understand the situation on the ground in
    Kansas, and in each State. NTIA will play a significant role in
    certifying that families across rural Kansas, and other rural
    areas, maybe, those are words that are written on a piece of
    paper; it is rural Kansas, but it is also many other places
    that we wouldn't consider rural. The core parts of cities in
    Kansas and across the country are in desperate need of
    broadband as well.
        We know that each State will have its own unique problems.
    The challenges in Kansas might be different than the challenges
    in New Hampshire, but whatever those differences are, Senator
    Shaheen and I will overcome. And we will see that our goal of
    broadband access is the same.
        Both NTIA and States will need to ensure they have the
    right people to provide expertise, ensure an effective,
    complete build out, and oversee the significant investments for
    the day. A lot of work to be done, NTIA I am sure will be
    challenged by the scope and scale, but all of this must be done
    right, and that resource is applied appropriately and
    effectively.
        Please know that I stand ready to work with you as we
    connect the Nation. I thank you for being here today.
        Senator Shaheen. Thank you, Senator Moran.
        Chairman Leahy, would you like to make any remarks before I
    call on the secretary?
        Senator Leahy. No. I am just--I am interested in hearing
    it. I am one of those who live in a rural area, on a dirt road,
    5 miles from our State Capitol Building. And through our days
    of my broadband, I pay the highest amount, now that there is--
    there are actually some days it works, not often, but some
    days, and are mainly because the company doesn't give a damn
    about ``last-mile'' stuff. But we will get into that.
        Senator Shaheen. Okay. I thought maybe you were here to
    give us an update that we have an agreement on Omnibus. No.
        Senator Leahy. I will tell you about that after.
        [Laughter.]
        Senator Shaheen. Okay. All right; Secretary Raimondo.
    STATEMENT OF GINA RAIMONDO, SECRETARY, DEPARTMENT OF
                COMMERCE
        Secretary Raimondo. Good afternoon. Good afternoon, Chair
    Shaheen, Ranking Member Moran, Members of the Committee, thank
    you for having me. I am looking forward to this discussion, and
    it is nice to see you all in person.
        As the Chair said, very eloquently, too many families all
    across America can't afford the cost of broadband service, or
    as the Chairman just said, they live in areas that don't have
    access to high-speed Internet. And gaps in broadband mean gaps
    in opportunity, fewer opportunities to learn, and work from
    home, to visit the doctor, to stay connected with family and
    friends.
        Achieving an equitable future means ensuring that all
    homes, all businesses, have high-quality connections at
    affordable prices, and that users have the devices and digital
    skills they need for meaningful use. The truth is, our economy
    cannot fully recover unless all Americans can fully
    participate.
        That is exactly why President Biden set an ambitious goal
    when he entered office. That goal is crystal clear. Connect
    every American through affordable, reliable, high-speed
    broadband.
        I, too, would like to thank the Members of this Committee,
    both Democrat and Republican, who worked with us to negotiate
    the broadband provisions of the Bipartisan Infrastructure Law.
        I specifically want to thank you Madam Chair, Senator
    Manchin, Senator Collins, Senator Murkowski, and every member
    of the Committee. I have worked with each and every one of you
    to negotiate this. And I cannot thank you enough for your
    cooperation, and making this a reality, because of your work
    and your commitment, bipartisanship, this law provides $65
    billion to deliver reliable, high-speed Internet to every
    American, lower the cost of Internet, and close the digital
    divide.
        Of those funds, as Ranking Member Moran said, $48.2 billion
    are allocated to the Commerce Department's National
    Telecommunications and Information Administration, NTIA.
    Specifically, that law provides: $42.5 billion for the
    Broadband Equity, Access & Deployment Program, which I will
    refer to as BEAD in this testimony; $2 billion for Tribal
    broadband grants; $2.75 billion from the Digital Equity Act,
    and $1 billion specifically for middle-mile connections to
    build the high-speed backbone.
        Our goal at the Commerce Department is to make certain,
    that at the end of our work, every single household, small
    business, farm, family, and student in America has access to
    affordable, reliable, high-speed broadband. And we are focused
    on getting this done right, and giving States the flexibility
    they need to ensure that this benefits everyone in their State.
        As the Ranking Member mentioned, I am a former Governor,
    and I live this. I live this. The needs of Rhode Island for
    broadband are different than Kansas or New Hampshire, or Maine,
    or Vermont, or Delaware, or West Virginia, it is different. And
    so, we have to have flexibility to get the job done. In many
    rural communities there is no broadband, no fiber, it doesn't
    exist. So, in that case, our task ahead is to lay the
    infrastructure and ensure people, in even the most rural
    corners of the country, can get online.
        In urban areas, it is a different set of challenges. On
    Tribal lands, a different set of challenges. So the way we are
    administering this program is with great flexibility, and the
    law, as conceived, has built-in flexibility to allow us to
    address each State's specific needs. If I deliver no other
    message today, I want to be clear there is--we do not have a
    one-size-fits-all approach, because I don't believe that would
    be successful.
        We are going to work hand-in-glove very closely with your
    States to fund projects that will make the greatest impact and
    achieve universal broadband access and affordability. This
    unprecedented investment, in closing the digital divide,
    requires input from a wide range of voices to assist our design
    and implementation of the new grant programs. I cannot say this
    enough, stakeholder engagement is absolutely vital to getting
    this done.
        And thanks to the historic and bipartisan investments that
    you have made and enabled, we are moving towards our goal of
    connecting all Americans to affordable, high-speed broadband.
    We all know that for our economy, businesses, and workers to be
    competitive in the 21st century economy, we have to get this
    done.
        So, like many of you, I am eager to work with you. That
    Ranking Member Moran is exactly right; this will not be easy,
    this is detail-oriented, this is a complicated implementation
    hurdle. We, together, in partnership with States, and Tribes,
    and stakeholders we will get this done, and fundamentally close
    the digital divide in America. So thank you.

        [The statement follows:]
                 Prepared Statement of Secretary Gina Raimondo
        Chair Shaheen, Ranking Member Moran, and members of the
    Subcommittee, thank you for the opportunity to discuss the broadband
    funding in the Infrastructure Investment and Jobs Act, better known as
    the Bipartisan Infrastructure Law.
        Too many families can't afford the cost of broadband service, and
    too many families live in areas where they can't access high-speed
    Internet.
        Gaps in access mean gaps in opportunity: fewer opportunities to
    learn and work from home, remotely visit doctors, or stay connected
    with family and friends. Achieving an equitable future means ensuring
    that all homes and businesses have high-quality connections at
    affordable prices, and that users have the devices and digital skills
    needed for meaningful use.
        Our economy cannot fully recover unless all Americans can fully
    participate.
        This is why President Biden set an ambitious goal when he entered
    office: connecting every American through affordable, reliable, high-
    speed broadband.
        I want to thank the many members of this committee--both Democrat
    and Republican--who worked with us to negotiate the broadband
    provisions of the Bipartisan Infrastructure Law, specifically you,
    Madam Chair, Sen. Manchin, Sen. Collins, and Sen. Murkowski.
        I'm proud that the broadband provisions of the bill ultimately
    helped it to pass with significant bipartisan support.
        Thanks to your work, the Bipartisan Infrastructure Law provides $65
    billion to deliver reliable, high-speed Internet to every American,
    lower the price of Internet service, and help close the digital divide.
        Of those funds, $48.2 billion is allocated to Commerce's National
    Telecommunications and Information Administration.
        Specifically, the law provides:
      --$42.45 billion for the Broadband Equity, Access & Deployment
            Program (BEAD). The program will award grants to states and
            territories to fund high-speed affordable broadband for
            households and businesses that currently lack access to such
            services.
      --$2 billion for Tribal broadband grants, tripling the funding for
            NTIA's existing Tribal Broadband Connectivity Program.
      --$2.75 billion to fund the Digital Equity Act. This provides NTIA
            with funding for three grant programs to promote digital
            inclusion and equity for communities that lack the skills,
            technologies, and support needed to take advantage of broadband
            connections.
      --$1 billion for middle-mile connections to build a high-speed
            backbone to help reduce the cost to serve households,
            businesses, and anchor institutions.
        Today, I'm grateful for the opportunity to update you on our
    progress as we prepare to launch these programs in a little more than
    100 days.
        We want to ensure that broadband deployment is successful and
    affordable in every corner of the country, in every type of community,
    and for your constituents.
        Our goal at the Commerce Department is to make sure that every
    small business, farm, family, and student in America has access to
    affordable, reliable, high-speed broadband.
        We're focused on getting this done right and giving states the
    flexibility they need to ensure this benefits everyone.
        In Rhode Island, where I come from the challenge there is less
    about physical broadband infrastructure and more about ensuring
    affordability. It does no good to live in a location where broadband is
    available if you can't afford to get it.
        Many rural communities, on the other hand, have no broadband. Our
    task ahead is to lay the infrastructure and ensure people in even the
    most rural corners of our country can get online.
        Essentially: it doesn't make sense to address Kansas challenges
    with Rhode Island solutions. That's why the law has built-in
    flexibility to address each states' specific needs.
        Under the law, each state will get a minimum of $100 million, and
    the remaining money will be allocated by need, based primarily on the
    number of unserved households.
        States will be given initial planning funds that they can use to
    develop a five-year action plan, in collaboration with local and
    regional entities, to cover everyone in their state.
        We're going to work with your states to fund projects that will
    make the greatest impact and achieve universal broadband access.
        This unprecedented investment in closing the digital divide also
    requires input from a wide range of voices to assist our design and
    implementation of the new grant programs.
        Stakeholder engagement is critical to getting this right.
        Over the past 2 months, NTIA has held three virtual, public
    listening sessions to help inform the development and implementation of
    the broadband programs in the law. We've met with state and local
    governments, non-profit and civic organizations, higher education
    institutions, and industry.
        Last month, NTIA issued a request for comment to gain further input
    into the program design, policy issues, and other implementation
    considerations for the programs launching this year. Comments are due
    on February 4.
        This work builds on prior broadband programs, including the three
    grant programs funded by the bipartisan Consolidated Appropriations Act
    for fiscal year 2021.
        The largest of these is the Tribal Broadband Connectivity Program
    (TBCP), which will award nearly $1 billion to expand broadband access
    and adoption on Tribal lands.
        We received nearly 300 applications from across the country ? from
    large infrastructure projects to small Internet-adoption programs. The
    requests amount to more than $5 billion in funds--a strong signal of
    the intense need for broadband investments in Native American, Alaska
    Native, and Native Hawaiian communities.
        As I mentioned, the Bipartisan Infrastructure Law appropriated an
    additional $2 billion for the TBCP. Last month, NTIA conducted a Tribal
    Consultation to receive input on this funding.
        The Connecting Minority Communities Pilot Program will direct $268
    million toward expanding broadband access and connectivity to eligible
    Historically Black Colleges or Universities, Tribal Colleges or
    Universities, minority-serving institutions, and nearby anchor
    communities.
        NTIA has received over 200 applications, resulting in more than
    $833 million in funding requests for the purchase of broadband Internet
    service and equipment, among other project goals.
        Finally, the Broadband Infrastructure Program will direct $288
    million in grant funding toward the deployment of broadband
    infrastructure.
        NTIA received over 230 applications, totaling more than $2.5
    billion in funding requests across 49 states and U.S. territories.
        We expect to make the awards for this program later this month.
        Thanks to the historic and bipartisan investments you have made,
    we're moving towards our goal of connecting all Americans to
    affordable, high-speed broadband.
        We know that for our economy, businesses, and workers to be
    competitive in the 21st century economy, we need to get this done.
        I'm eager to work with you in the months ahead and look forward to
    answering your questions about the vital work being done at the
    Department of Commerce to close the digital divide.
        Thank you.

        Senator Shaheen. Well, thank you very much, Madam
    Secretary. We will now have a round of 5-minute questions. And
    as I said, we will go in seniority order on the Committee, with
    some people coming virtually. I will begin.
        As we all referenced in our opening statements, this is
    funding that we want to see get out the door. And the timing is
    really going to be dependent on a number of things, but you
    mentioned the Broadband Equity Access and Deployment, the BEAD
    Program, which is really dependent on the creation of those FCC
    maps. And the concern that we have in New Hampshire is not just
    when that is going to happen, but also how accurate those maps
    are going to be.
        And I can tell you, previous maps that we have seen in our
    State, and I am sure everybody has a similar story, have not
    been accurate. They have not shown where the dead spots are,
    and where the coverage really needs to be.
        So can you speak at all--recognizing that this is not your
    direct area of responsibility--but can you speak to what is
    happening with the FCC, in completing those maps, because so
    much of what needs to happen depends on when we get those and
    how accurate they are going to be?

               BROADBAND EQUITY ACCESS DEPLOYMENT (BEAD) MAPPING

        Secretary Raimondo. Yes. So as you say, the maps are vital.
    I mean, Senator Moran mentioned over-building. The mission
    here, as explicitly laid out in the statute, is to prioritize
    the unserved. At the end of this, shame on us, on me, if there
    is any one unserved left. So, the maps will tell us who is
    unserved and who is underserved. And that is why we can't
    deploy any of this money until we have the accurate maps.
        As you say, this is in the purview of the FCC. I will tell
    you we are in constant communication with the FCC. I have
    spoken with the Chairwoman myself, I have met with her. Alan
    Davidson, newly confirmed--thank you--is already in contact
    with her.
        They represent that probably summer, you know, this summer,
    they will have the maps. I will say this, I do have confidence
    they will be, more accurate than in the past. The past, they
    have been broad by census tract, these are down to the
    household, and we are incorporating our census data from the
    Commerce Department into the maps. But for a more detailed
    answer, I would refer you to the Chairwoman of the FCC.
        Senator Shaheen. Thank you. I appreciate that. Obviously
    one of the other aspects of that is what the challenge process
    might be, if there is concern about accuracy. Can you speak to
    what the Department is thinking about in terms of any kind of a
    challenged process for those?
        Secretary Raimondo. I think that--you know, again, that
    this really is in the FCC's purview. Our role is take the maps,
    run it through the statutory formula, get the State allocation,
    and then run the program. But I think there will have to be
    some, you know, challenge process simply because, as I said
    before, we do have to listen to every stakeholder, and it is
    $65 billion.
        Senator Shaheen. Mm-hmm.
        Secretary Raimondo. Like, I have told my team yes, you have
    to go fast, but you really have to get it right.
        Senator Shaheen. Well, thank you. I appreciate that. As I
    said in my opening remarks, sort of jokingly, but it was
    serious, because in drafting this legislation we did choose the
    NTIA to lead the program because of its crucial coordination
    role with other Federal agencies, and particular with the FCC,
    with the USDA, NTIA maintains regular contact with States
    through their State broadband offices.
        So how does the NTIA plan to address those coordination
    issues? And can you assure States that there will be some
    opportunity for input as you are developing these plans?
        Secretary Raimondo. Yes, absolutely. So a few thoughts: It
    is true, as you say, the USDA has some money here, Interior
    does, Treasury does, we do. Our goal is to the extent possible,
    have NTIA be like a one-stop shop. We cannot be asking
    Governors, and mayors, and Tribal leaders to deal with the
    alphabet soup of government. We have to make it easy. So the
    way we plan to do this is we are going to have a single-point
    person at NTIA in charge of every State, one person. So I know
    when I want to know everything about New Hampshire, I go to the
    New Hampshire person.
        Right now we are in the middle of intense stakeholder
    engagement. In fact, we have a request for comment, which is
    open right now. I spent the weekend with the Governors at the
    Governors Association, the weekend before with the mayors at
    the Conference of Mayors, we are doing everything we know how
    to do to encourage robust stakeholder engagement. The last
    thing I will say is, the way this is going to work is every
    State has to give us a State plan, which will be made public.
    We are requiring them in that plan to lay out all the Federal
    monies they are using for broadband so we can see it all in one
    place.
        Senator Shaheen. Great. Thank you. I am out of time; I have
    lots more questions, but I know that many of my colleagues will
    get to those.
        So Senator Moran.
        Senator Moran. Chair, thank you.
        Secretary Raimondo, let me talk about the funding formula.
    The initial Broadband Equity, Access, and Deployment (BEAD)
    Program has an initial $100 million to each State, followed by
    an amount to be determined by unserved areas in the State, the
    purpose of the formula is to provide the States with the most
    unserved areas with the most funding, something I fully agree
    with.
        One issue that I foresee is the uncertainty regarding
    whether currently unserved areas are still going to be
    considered unserved, if a separate Federal broadband program
    like the FCC's Rural Digital Opportunity Fund has awarded
    funding for those areas, but a network has not yet been built
    out, creates the risk that some States could lose out on a
    significant of money as RDOF awards cover broad swaths of some
    of those--some of our States.
        The risk is compounded if previously identified projects
    ultimately fail--fails to deliver the money, RDOF money. So a
    concern I raise with you is: Does RDOF, where they intend to go
    but have not gone, does that eliminate that area from being
    unserved? Will there be--maybe there is a response from you
    before I go on. Maybe it is just an issue to raise with you.
        Secretary Raimondo. Yes. Yes. So you are saying RDOF is
    supposed to have covered these areas hasn't yet, will they be
    counted as served in the map?
        Senator Moran. Right; if those areas or those States get
    left out, because RDOF may do something.
        Secretary Raimondo. Yes.
        Senator Moran. And hasn't done something. And I guess if
    the--if the word is they may do something, it is also they may
    not do something.
        Secretary Raimondo. Right, right.
        Senator Moran. We need to make sure that those broad swaths
    of areas of States across the country are not excluded.

                                  BEAD FUNDING

        Secretary Raimondo. I understand. First of all, I agree
    fully and completely. Again, my job is to make sure everyone is
    covered at the end of this. By the way, this is exactly why we
    are doing so much stakeholder engagement, and why we are
    obsessed with getting to people on the ground, which is what I
    told the Governors. I have to look into this and talk to the
    FCC and get back to you. And I promise you I will do that. My
    staff will follow up with you.
        By the way, it is exactly the sort of excruciating detail
    that we are in the middle of figuring out, which is why these
    engagements and request for comment are so important.
        Senator Moran. It is a reason I am so pleased Senator
    Shaheen has called this hearing now.
        Secretary Raimondo. Yes. Yes, yes.
        Senator Moran. Instead of after the fact.
        Secretary Raimondo. Yes. I would say many of the policy
    decisions, of which there are many, we are in the process of
    figuring out how to implement, and that is why we are doing
    this request for comment now. So I will follow up.
        Senator Moran. Somewhat related to that, my comment and
    your follow up is, does the Department plan to calculate the
    funding allocations to States using any criteria beyond the
    size of the unserved population?
        Secretary Raimondo. So the formula is, as you know in the
    statute, unserved, there is a 10 percent set aside for places
    that are hard to reach, and that are expensive, so that is
    additional on top of--on top of the formula. And then we have
    the digital equity grants on top of that, and then the middle
    mile on top of that.
        Senator Moran. I think my--my question just to plan in your
    mind is, do I need to be concerned, or that there is some
    definition of unserved beyond unserved, and maybe we will see
    how that, I mean----
        Senator Murkowski. Alaska.
        Senator Moran. Alaska, just totally unserved, right?
        Senator Murkowski. But it is one State, you know. Okay,
    yes.

                          FUNDING ASSISTANCE TO STATES

        Senator Moran. So we want to make sure that unserved means
    that really it is unserved. Let me, before I lose my time, and
    I hope to have an opportunity to ask some additional questions.
    I am going to tell you the Kansas Broadband Development
    Office--and that is the person that I think will be your point
    person in Kansas--they have a staff of two, and their ability
    to have the resources necessary early on to do their job is
    important.
        The law outlines that--how these offices can receive an
    initial amount of funding, and dictates that the Department
    aids these offices throughout the process of applying for a
    grant and executing the program. Any explanation on what the
    department already plans to do to support State broadband
    offices during deployment? And how can NTIA allocate its
    resources to prepare to meet what will be a significant demand
    for technical assistance from the States?
        Secretary Raimondo. Yes. Thirty-six States have broadband
    offices, and they vary significantly in quality. The good news
    is NTIA has a long history of working with these States, and
    has a pretty good feel for who needs more technical assistance.
    The way we are going to do this program is we are aiming
    towards a May 16 Notice of Funding Opportunity. After that the
    State has to give us a letter of intent that they want to
    participate. Then there is a $5 million planning grant, and
    that will then begin heavy technical assistance. And if you are
    telling me, Kansas only has a couple of people I would think
    that $5 million and heavy technical assistance will help shore
    them up.
        Senator Moran. But they are very high quality people.
        Secretary Raimondo. I am sure they are. Yes.
        Senator Moran. Thank you. Thank you, Madam Chair.
        Secretary Raimondo. I will be happy to follow up. And we
    are out of time. I would like to visit with you, and get the
    details of this.
        Senator Moran. Wonderful. Thank you.
        Senator Shaheen. Thank you. Senator Leahy.
        Senator Leahy. Thank you, Chair Shaheen.
        Governor--I keep finding myself calling you governor. Madam
    Secretary, I am delighted to have you here. I think you heard
    that--in your State, and actually every one of us heard in our
    States during the pandemic, with schools being closed, work
    being done remotely, and all that. Then we had in just 1-year's
    time, we had probably a 10- or 15-year change in society on how
    we needed broadband.
        We have a system in Vermont called Communications Union
    Districts, CUDs, which allows communities near each other to
    band together, so they can identify, they can finance, and
    fulfill local broadband infrastructure needs. And currently 206
    Vermont municipalities belong to one or more of these CUDs,
    which is 64 percent of the State's populations, and is 91
    percent of the unserved locations.
        And it has been seen as a pretty good model of how you
    create a community-owned entity to deliver broadband. Now, how
    can these Vermont CUDs benefit from the broadband provisions in
    the infrastructure law? And I ask that because you have rural
    areas that do not have extensive financial histories. How can
    they plug in and be able to use these new programs?

                            BEAD FUNDING TO VERMONT

        Secretary Raimondo. Thank you. So as I said in the
    beginning, the reason this program is structured this way is
    because there is no one size fits all. And in rural Vermont we
    are going to have to have a different solution than in urban
    Rhode Island. Nonprofits, municipally-owned co-ops or utilities
    are all eligible for these funds.
        So your State will have to put together a State plan, which
    we will have to approve, and based on what you are saying, it
    sounds like though the Communications Union Districts would be
    included in the State plan, and depending on the details, could
    be eligible for funding.
        We are trying to encourage competition, so we are asking
    every State to have a competitive process. We are requiring
    every provider who gets money to deliver an affordable plan.
    And I think in a lot of rural places, it will be the, you know,
    co-ops and municipalities that get the money.
        Senator Leahy. Yes. I look at the fact. On the many, many,
    many, many, many times that my broadband service is not
    working, I can get in the car and drive 5 miles to my office in
    Montpelier and have perfect broadband. But not everybody can do
    that. If you are a child home from school, you can't.
    Inaccurate broadband maps have hindered our ability to build
    out our broadband infrastructure for years, if not decades.
        We tried to update our data map. Would your Department
    consider devising a mechanism that allows States to harmonize
    data maps? So States like Vermont don't lose any strategic
    advantage, use money with confidence by utilizing State maps
    that already exist?
        Secretary Raimondo. Well, I would say this. Now States
    should be looking at their maps, you know, getting ready,
    getting their teams ready, making sure the permitting in the
    State doesn't get in the way, but the maps that we have to use
    will be the FCC-produced maps.
        Senator Leahy. Well, we should talk more about that,
    because I want to make sure that these are accurate everywhere.
    I mean, whether it is obviously in Rhode Island, in New
    Hampshire, or Vermont, or Kansas, or anywhere else, because you
    have the last-mile broadband infrastructure that is a
    significant obstacle. And most our rural areas lack adequate
    access.
        The $65 billion made broadband available, including $42.5
    billion for State broadband deployment, we need coordination of
    maps. I don't expect you to have the magic answer right now,
    but coordination of maps that work, and everything else, and
    some way of facilitating this last mile.
        Secretary Raimondo. Mm-hmm.
        Senator Leahy. As I said, I can drive five miles from my
    office, and have something that works every time. But if you
    are a child in school, and what not, or an employee or
    something like that, you can't do that.
        Secretary Raimondo. Yes. I agree fully and completely. And
    hopefully, you know, the reality is in a lot of these places it
    hasn't made economic sense for the ISPs to do that, and that is
    the whole point of using this money to make sure the last mile
    is covered everywhere. So I will look forward to following up
    with you.
        Senator Leahy. Thank you. Well, we will continue to work
    with your office. And again, it is a delight to see you here.
    Thank you very much.
        Secretary Raimondo. Thank you.
        Senator Shaheen. Thank you, Senator Leahy.
        Senator Murkowski.
        Senator Murkowski. Thank you, Madam Chair.
        Welcome Madam Secretary. Good to see you. Thank you for all
    you are doing, and for being so responsive on so many of the
    issues that we have had discussions about. So you are talking
    about the mapping and the last mile, as we have had many
    discussions in Alaska. So much of our concern is with the
    middle-mile infrastructure.
        Secretary Raimondo. Mm-hmm.

                             BEAD FUNDING TO ALASKA

        Senator Murkowski. And you know, we have got good support
    within the infrastructure bill, a billion to deploy middle-mile
    projects. So we are excited about that. But a couple of
    questions on that, one specific to the mapping. I have got a
    little bit of concern about the mapping requirements versus the
    timeliness of getting funds out the door.
        Everyone wants to get the money out the door, but making
    sure that we have actually accurate maps I think is going to be
    critical, particularly for us in ensuring the intent of the law
    to serve the unserved before the underserved is met.
        And so it is going to take a little bit of time to do it
    right. We understand the urgency, but what I am hoping is that
    we can get some assurance that NTIA is going to be sensitive to
    the diverse needs that we have in different States to get to
    the right solutions here. And you know, maybe this requires a
    little bit of flexibility, a little bit of interagency
    coordination, but we would hope that you are understanding some
    of the challenges that we face in a State like Alaska.
        Secretary Raimondo. Yes, I do. I mean, you and I have
    spoken about this. Alaska is unique, having said that most of
    all these States are, but I understand the massive geography,
    the difficult topography, not that many people. We are not
    going to put the money out before we have the maps.
        Senator Murkowski. Okay.
        Secretary Raimondo. We won't, we can't. You know, as I
    said, there will be the $5 million planning grant, and we will
    get to work, but we can't let the money flow until we have the
    maps.
        Senator Murkowski. And I appreciate what you have shared,
    but I also know that I am going to have people back home that
    are going to be panicked, because they are going to see other
    regions of the country that might be receiving awards first and
    figure, wait, we are going to get left behind again. What we
    want to be able to assure is, we are moving with urgency, we
    are doing--we are getting the accuracy that we need for this
    mapping, and again, we are paying attention to this middle
    mile.
        Secretary Raimondo. Yes, I understand. Well, we will do
    more stakeholder engagement. I mean, I think there is no
    substitute for communication, and continuing to communicate
    with the message that you say. I will say that, you mentioned
    there is the billion dollar set aside for middle mile, which is
    true, but Alaska can choose to spend its BEAD money on middle
    mile as well. So if the Alaska broadband plan identifies middle
    mile as the biggest problem, I would expect they will use much
    of their BEAD money to build out middle mile. Plus, like you
    said, the middle mile.
        Senator Murkowski. Yes. Let me turn to Tribal broadband,
    and the connectivity program. I am going to submit for the
    record, a letter that the Alaska delegation sent to you, Madam
    Secretary, regarding the Alaska-based projects that are under
    consideration for the Tribal Broadband Connectivity.
        [The information follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Murkowski. You mentioned that there was $980
    million in funding. This program had over $5 billion in
    application by the deadline last September. We have got an
    additional $2 billion in funding through the infrastructure
    bill, but obviously the need is extraordinary out there.
        So I am hoping that you can answer just a few procedural
    questions here: With the additional $2 billion that is coming
    for the Tribal Broadband Connectivity Program (TBCP), do
    projects that have already been approved for funding that
    haven't yet received any money, do they need to resubmit their
    applications? And if so, how are you communicating that with
    folks? Do you additional staff that you have added? How are
    you--how are you letting people know about the availability
    here?

                      TRIBAL CONNECTIVITY FUNDING PROCESS

        Secretary Raimondo. So we are still figuring out the
    specific answer to your question, which is: Do they have to
    reapply?
        Senator Murkowski. Right.
        Secretary Raimondo. I think there is a lot of sense in
    making them not reapply, for the reasons that you said, but we
    are going through it, and I will have an answer shortly. We
    think we are going to have to hire over a hundred people at
    NTIA to administer all of these programs. And as you said,
    there will be a single point person on Alaska. So we will have
    to stay in close touch with them.
        But you are right. I mean, I will say this. The $2 billion
    maps with the $1 billion. So the money is for the same kinds of
    things.
        Senator Murkowski. Right.
        Secretary Raimondo. And so we are looking hard at saying,
    you don't have to reapply, and doing it on a rolling basis,
    which is what we are doing with the $1 billion.
        Senator Murkowski. That would be helpful if we can just be
    in contact on that. And I am assuming that you are coordinating
    with other Federal agencies, whether it is USDA, or others.
        Secretary Raimondo. Yes.
        Senator Murkowski. Or others, who have also got broadband
    funding. As again, we had a lot of Tribal set aside, so how we
    are working to make sure that everybody is in sync, is
    important.
        Secretary Raimondo. Yes. Yes. Thank you. We have, so you
    know Mitch Landrieu is working in the White House. We have a
    task force on exactly this. I meet regularly with Tom Vilsack
    and Deb Haaland, our teams do, to do what you are saying.
        Senator Murkowski. Super, thank you. Thank you, Madam
    Chair.
        Senator Shaheen. Thank you. Senator Reed.
        Senator Reed. Thank you, Madam Chair. Welcome, Madam
    Secretary.
        Along with the funding for broadband programs themselves,
    in the Infrastructure Act, we set aside funds for administering
    the programs. In fact, your response to Senator Murkowski about
    how many people you are going to have to hire, underscores
    that. But if we have to live under a full year continuing
    resolution, how might this affect the roll out of the program?

                               FUNDING UNDER A CR

        Secretary Raimondo. Yes, thank you for the question. So in
    this particular program I don't think that there will be huge
    disruption because the program has been funded, $45 billion for
    the entire program. I will say, though, I appreciate the
    question because it would be very significantly disruptive to
    much of the rest of the work that the Department does, and work
    that you all care about.
        So--we wouldn't receive additional funding to support next-
    generation of weather, climate, and space, weather satellites,
    I know you all care about climate change deeply. We wouldn't
    have additional money for the desperately needed cybersecurity
    upgrades that the Department needs, and to mature cybersecurity
    practices across the Department, we wouldn't have the money to
    support the 2022 economic census, the absence of which could
    reduce the census quality, which has great impact. We wouldn't
    have the money to improve the National Weather Service's
    Integrated Dissemination Program, which delivers forecasts,
    watch, and warning information for public emergencies.
        So it would be very significant and disruptive to things
    that, in some cases are, you know, lifesaving, when it comes to
    predicting these severe weather events.
        Senator Reed. Well, thank you, Madam Secretary. There are
    multiple aspects of broadband. One is the technical aspect of
    having access to it. The other issue is being able to pay for
    it. And we realize in communities like Central Falls, and
    Olneyville, and I could list too many more.

           AFFORDABLE CONNECTIVITY PROGRAM AND DIGITAL EQUITY GRANTS

        Secretary Raimondo. Now he is talking my language.
        Senator Reed. I know, I know. So how can programs like the
    Affordable Connectivity Program, and the Digital Equity grants
    created by the Act help low-income families get connected, and
    make the most of these connections?
        Secretary Raimondo. Thank you for asking the question.
    Affordability is just as important as access, because what good
    is it to have broadband in your neighborhood if you can't
    afford it? What good is it, if it is in the Community of
    Central Falls, but there is no hookup to your, you know,
    housing subsidized high rise? It is no good.
        So we are very serious about affordability. First of all,
    every plan, every single ISP who receives any money from this
    must certify to us that they offer a low-cost plan. And we are
    going to define low-cost plan in a way to make sure it is
    really low cost. Now, the FCC has the affordability program
    that you mentioned, which is a $30 voucher.
        Senator Reed. Mm-hmm.
        Secretary Raimondo. So as we define low cost, we know that
    means ``free'' for some people, so we are going to be looking
    at that $30 number. We are going to work very closely with the
    FCC to get that affordability program working, or encouraging
    States to advertise it. And then on top of that, as you say,
    there are the Digital Equity grants, I think in a place like
    Rhode Island, which I happen to know very well, pretty much
    everyone has fiber. You know, there is no rural Rhode Island,
    so----
        Senator Reed. Block Island.
        Secretary Raimondo. Okay, Block--fair enough, fair enough.
    But, you know, relative to Maine or Kansas. But in any event, I
    think the money will be used for providing hookups to the
    apartment building, providing computers for kids, providing
    laptops, providing digital literacy skills; and so, I think all
    of that goes to affordability in a way that will make sure this
    is not just accessible, but affordable.

                         STATE PREPARATION FOR FUNDING

        Senator Reed. Finally, quickly, what should the States and
    other entities that are going to be beneficiaries to the
    program, what should they be doing now for successful
    applications?
        Secretary Raimondo. Yes. They should be shoring up their
    broadband offices. You know, every State should be looking at
    their broadband office. They should be looking at their
    permitting policies to make sure that we can smoothly lay the
    fiber and do the construction work we need to, they should be
    thinking about job training programs. We are going to have to
    train a lot of people.
        We think we are going to create over 100,000 jobs across
    the country with this. They should be doing stakeholder
    engagement, you know, going to Block Island and finding out
    what really are the issues. And they should be talking to us,
    calling us to ask questions so we can provide technical
    assistance.
        Senator Reed. Thank you, Madam Secretary. Thank you, Madam
    Chair.
        Senator Shaheen. Thank you, Senator Reed.
        Senator Collins.
        Senator Collins. Thank you. Madam Chair. First of all,
    Madam Secretary, welcome.
        Secretary Raimondo. Yes.
        Senator Collins. And I want to reiterate my appreciation
    for your extraordinarily hard work with Senator Shaheen, and
    myself, as well as other Members of the Committee, as we
    finalized the broadband provisions of the Bipartisan
    Infrastructure Bill last year. I think the three of us spent
    endless hours negotiating, and it was indeed a pleasure to work
    with you.
        The State of Maine is ready to go. And the obstacle is an
    issue that is already been brought up by Senator Shaheen, and
    others. And that is that the FCC must complete its overhaul of
    the broadband coverage maps. And that is really important
    because the current, woefully inadequate FCC maps, would lead
    to an inaccurate allocation of funding, and overbuild building.
        The reason I am concerned, and signed a letter that the
    Ranking Member, Senator Moran, circulated is that the Treasury
    Department, which has jurisdiction over of the American Rescue
    Plan broadband money recently issued a final rule that removed
    a requirement that the funds be targeted to unserved and
    underserved areas. Can you give us an insurance today that
    Federal funds that we provided through the Bipartisan
    Infrastructure Bill will be prioritized to unserved, and then
    underserved areas?

               FUNDING PRIORITY: THE UNSERVED AND THE UNDERSERVED

        Secretary Raimondo. I can. The Bipartisan Infrastructure
    Law which, as you say, we worked hard to negotiate, provides a
    crystal-clear framework to prioritize unserved then
    underserved. And so, yes, that is the way we will do it. Also,
    I share, you know, you mentioned overbuilding. I mean, it is
    vital that we first get broadband to everybody, and we are
    going to do that so that we don't run the risk of, quote/
    unquote, ``overbuilding and running out of money.''
        Senator Collins. Thank you. There are two other issues not
    directly related to this hearing, but under your jurisdiction,
    that you probably will not be surprised that I am going to
    bring up to you today. One has to do with the duties and
    tariffs on softwood lumber. In November of last year the
    Commerce Department, approximately, doubled the final duty
    rates on imported softwood lumber from Canada, increasing the
    rate to 17.9 percent. And that applied to sales made in 2019.
        Just yesterday, Commerce announced an 11.64 preliminary
    duty rate for sales made in 2020. Now, that is a reduction in
    tariff rates, but I am still concerned that these high rates
    will hurt a lot of home building in Maine, and Maine
    businesses, many of which work very closely with their Canadian
    partners at sawmills right across the border.
        And it obviously also affects the availability of
    affordable housing for millions of Americans. We used to have a
    Softwood Lumber Agreement with Canada. It expired in 2015. What
    is the Commerce Department doing to restart those negotiations
    to bring stability to this market, help make homebuilding more
    affordable for Americans, and reduce tensions with Canada?
        Secretary Raimondo. Yes. Thank you for the question. I am
    not surprised. I admire your advocacy. So, in this regard, the
    Commerce Department's role is relatively limited in so far as
    the assessment of these duties is largely, you know, formulaic
    and mathematical. And we operate in a quasi-judicial capacity,
    applying the formula to assess the duties.
        I have, you know, reached out to USTR after our last
    conversation. And you know, do support efforts to find a more
    lasting solution to this problem, because as you say, you know,
    whatever we do with the AD/CVD cases, it is temporary.
        Senator Collins. I know my time has expired. I do hope we
    will do a second round.
        Senator Moran. I don't have control over that but I, too,
    hope we do, because I have some tariff questions to ask myself.
    And maybe, Senator Collins, we can talk to the Chairwoman and
    see if we can have our trade ambassador in front of the
    Committee before long as well.
        Senator Coons.
        Senator Coons. And thank you, Senator Moran. As you can
    tell, Madam Secretary, this is a wonderfully collaborative
    Committee that has gotten a lot of good work done under the
    leadership of both parties. Over the last couple of years, it
    has been a real joy to serve on this subcommittee. I am
    grateful for your focused and effective leadership of the
    Department at this moment of historic investment, in making
    sure that Americans, Delawareans, Rhode Islanders, many others,
    have access to broadband. Like the State of Rhode Island,
    Delaware has areas that, I would argue, are genuinely rural,
    like Block Island.
        We have about 11,600 Delaware families that have no access
    to Internet services broadband at all, but we also have
    significant urban areas where affordability is the key issue. I
    look forward to staying in contact with you. You raised a
    number of issues, permitting, and the permitting process in
    rural areas, skills for installers, servicers, and so forth,
    and how we are going to update that, and making sure that
    between what the Department does, and what FCC does, that we
    produce a result that is genuinely affordable.
        Let me just briefly ask. Do you think making structural
    investments that reduce cost, rather than providing monthly
    value vouchers is going to be important to ensuring
    affordability for the long term?

                        ENSURING LONG TERM AFFORDABILITY

        Secretary Raimondo. I do. I think it is a combination. As I
    said, affordability is non-negotiable because if it is $100 a
    month for broadband, it might as well not exist. You can't
    afford it. I think it is hard to generalize because it is
    different in every place.
        Senator Coons. Yes.
        Secretary Raimondo. So in some places affordability,
    fundamentally means laying the fiber and, you know, subsidizing
    the companies to lay the fiber in places that it doesn't exist,
    so that it will be affordable.
        Senator Coons. I look forward to working with you on that.
    I couldn't agree more with our President's statement that the
    economy can't fully recover until all Americans can fully
    participate. As you know, developing a critical technology like
    broadband, making progress towards 5G, and some day 6G,
    requires voluntary standard-setting activities, and the
    patents, and robust IP protection that underlie them to
    encourage investment in R&D.
        I want to make sure we aren't taking steps that would
    weaken the patent system. We have worked well together on
    advancing a balanced nominee to run the patent and trademark
    office. USPTO, NIST, and DOJ Antitrust have recently published
    a proposed revision to the existing policy on remedies for
    standard essential patents that I think harms our national
    security interest, global competitiveness, and threatens to
    harm the patent system.
        I hope you can commit that we will ensure participation by
    Senate-confirmed leadership at NIST and PTO, and adequate
    consideration of these sort of balance of equities moving
    forward. Is that your inclination, Madam Secretary?
        Secretary Raimondo. Absolutely. You and I have discussed
    this. These are complicated and vital issues. I am hopeful very
    soon we will have the Senate-confirmed Head of the USPTO.
        Senator Coons. Me too.
        Secretary Raimondo. And I think she will be terrific
    engaging with us to figure this out.
        Senator Coons. Thank you, Madam Secretary. Let me, last
    point if I can. I am really excited that the House is taking up
    their version of the U.S. Innovation and Competition Act. I
    think getting the Innovation and Competition Act out of the
    Senate with a robust bipartisan vote was one of the most
    significant things we did last year.
        Secretary Raimondo. Mm-hmm.
        Senator Coons. And I am particularly pleased, the House
    version includes $52 billion in the CHIPS for America Fund,
    which would be a key boost to manufacturing, and our capacity
    to do advanced manufacturing for semiconductors. Can you just
    briefly help us understand, in a concrete and direct way, how
    the passage of that bill by the Congress, and the enactment of
    it, by signing into law by the President, will actually improve
    our ability to compete with China and strengthen our
    manufacturing base here at home?

                         CHIP MANUFACTURING IN AMERICA

        Secretary Raimondo. Yes. Thank you. I cannot overstate how
    important it is. Right now the United States of America does
    not produce on our shores, any leading edge, more sophisticated
    semiconductors, zero. We rely upon Taiwan for 65 percent of
    those.
        I mean, need I say more? Those are the CHIPS we need in
    military equipment, high-end computing, communications
    equipment, and we are utterly dependent on one company in
    Taiwan.
        Senator Coons. Mm-hmm.
        Secretary Raimondo. So I am out of time. We could go on
    extensively. I won't. It is a huge national security need, and
    I am very hopeful the House passes it this week.
        Senator Coons. I appreciate your clarity.
        Secretary Raimondo. And I hope it is bipartisan.
        Senator Coons. I hope so too. I look forward to working
    with you on it. And I appreciate your clarity. Thank you.
        Senator Moran. Senator Boozman is next, followed by Senator
    Capito, but I would guess that they are--I don't think they are
    on--appearing by technology. So I call on Senator Hagerty.
        Senator Hagerty. Well, thank you, Ranking Member Moran. I
    appreciate that. And Secretary Raimondo, it is good to see you
    here; thank you for being here today.
        Broadband deployment is very important to my home State of
    Tennessee, particularly in our rural areas. And I know that my
    colleagues have had many discussions with you about that. I
    would like to shift then to another area that is related to
    that, and it has to do with our competitiveness with respect to
    chip technology. And I hear a great deal about our chip
    shortage at home.
        I think that you are an advocate of making certain that we
    are competitive in that arena. And what I would like to speak
    with you about is the Federal regulatory burden that has to do
    with permitting chip manufacturing here in the United States.
    My colleagues have passed legislation that has put a
    significant amount of money in place to support manufacturing,
    but the process itself is something that is quite concerning to
    me.
        When I learned about the chip manufacturing shortage, I
    actually undertook to call the leaders of chip manufacturers
    around the world. Some of them came to see me, others just
    spoke with me by phone, but when I asked them what stands in
    the way of manufacturing here in the United States, one of the
    greatest obstacles is the timeline for permitting here in
    America.
        And as I talked to them about it, they underscored the fact
    that the rate of technology development in their industry is so
    rapid that they can't accommodate a long Federal regulatory
    permitting timeline. And I have a feeling that you probably
    feel the same way about this, that you would like to see us
    have a more concise, predictable, and effective regulatory
    process. Is that correct?
        Secretary Raimondo. Yes. So I certainly agree with you that
    we need to have a hard look at permitting, because in many
    cases for these sophisticated projects, it could take years and
    we don't have years.
        Senator Hagerty. Mm-hmm.
        Secretary Raimondo. So I am interested to learn more and do
    more on how we can, as you say, streamline the process.
        Senator Hagerty. I think we have a great opportunity to
    work together. I heard the same thing about the process being
    denominated in years, and again, the rate of technology
    development just doesn't accommodate that. It makes us not
    competitive with these projects here in America.
        Secretary Raimondo. Exactly.
        Senator Hagerty. So I have very recently introduced
    legislation with Senator King, and with Senator Portman, to
    expand the existing FAST-41 permitting process. It is a Federal
    permitting coordination program, and we expanded it to cover
    key technologies, including semiconductors, chips.
        I think that the FAST-41 Program has been successful
    improving the Federal agency permitting process for
    infrastructure projects. And it was recently made permanent in
    the infrastructure bill just passed. And my bill will allow for
    key technologies, like semiconductor manufacturing, to fall
    into that same framework, and using the existing Federal
    program that is in place to help then, deal with the permitting
    process.
        That bill just recently passed the Senate unanimously, 99
    of my colleagues joined me; so I am hopeful that it will pass
    the House very soon, and that we will get it to the President's
    desk for signature.
        So I would love to get your commitment, Secretary, to take
    a look at the legislation that we are--that we are passing, and
    hopefully get your involvement in making it effective.
        Secretary Raimondo. Yes. I do commit to looking at it. It
    sounds very interesting. I share the concern for the problem,
    and I will look at it and get back to you.
        Senator Hagerty. Yes. I appreciate that. And I think we
    will find some great opportunity to make some real improvements
    here for America. On a related topic, in December of 2020, the
    Commerce Department took an important step to protect our U.S.
    national security, and our economic security. When it added
    China's Semiconductor Manufacturing Corporation, SMIC is how it
    is usually called, to the Commerce Department's entity list.

                       COMMERCE DEPARTMENT ENTITIES' LIST

        That is the list that restricts foreign entities from
    accessing certain key U.S. technologies, as you know. The
    Chinese Communist Party considers SMIC to be one of China's
    national champion companies. SMIC has got very close ties to
    the Chinese Military, moreover SMIC and Huawei, reportedly,
    maybe teaming up to build a $10 billion chip fab facility.
        Other Federal departments have noted that companies
    continue to export important U.S. technologies to SMIC, because
    the entities' list restrictions on SMIC are phrased too
    narrowly.
        In October of 2021, Reuters reported that the Commerce
    Department disclosed to Congress 188 licenses valued at nearly
    $42 billion that were green-lighted for semiconductor
    manufacturing were for SMIC.
        And yesterday, Senator Cotton and I sent a letter to you
    urging your department to close the loophole, to broaden the
    parameters so that we can shut this loophole down. And I would
    look forward to working with you on getting those loopholes
    closed, to ensure that the entity listings really accomplish
    their intended purpose, and prevent Chinese Military access to
    our key technology. So I would ask you to work with us to deal
    with these foreign suppliers that may be undercutting the
    situation.
        Secretary Raimondo. May I reply, yes?
        Senator Shaheen. Please.
        Secretary Raimondo. So I haven't seen the letter, but I
    will read it.
        Senator Hagerty. I understand. Yes.
        Secretary Raimondo. And get back to you.
        Senator Hagerty. Mm-hmm.
        Secretary Raimondo. I share your deep, deep concern with
    doing everything we can to deny China our technologies; in
    fact, since I have been Secretary, we have added 81 new Chinese
    companies to the entity list, and they are effective. You know,
    in the time that we have put Huawei on the entity list, their
    revenue has been down by 30 percent.
        Senator Hagerty. Mm-hmm.
        Secretary Raimondo. So I am out of time. I will look at it,
    your letter, and you know, get back to you.
        Senator Hagerty. Thank you for looking at that with us. I
    think we have some room to improve there. And I think if you
    look at these two steps that we have discussed, making it
    easier to permit chip manufacturing here in America, and making
    it tougher for China to access our technology will have a very
    significant impact on the national security.
        Secretary Raimondo. Excellent. Thank you.
        Senator Hagerty. Thank you.
        Senator Shaheen. Thank you. Senator Schatz.

                       SUBMARINE CABLES FOR CONNECTIVITY

        Senator Schatz. Thank you, Chair. Thank you, Secretary, for
    being here. I know that you understand the unique
    communications challenges that Hawaii, in particular, faces. We
    are the most isolated, populated place on the planet. And of
    course we rely on submarine cables for connectivity to the rest
    of the country, and the rest of the world. But also we rely on
    submarine cables for connectivity within the State. And that is
    an important distinction to make, as we think about definitions
    in the infrastructure bill and elsewhere.
        And that is why Congress made sure that submarine cables
    are an eligible expense for middle-mile broadband in the
    Infrastructure Bill. Can I count on you to work with NTIA and
    my office to meet Hawaii's broadband needs, which are
    understandably different, but sometimes take 3 or 4 extra
    minutes to explain?
        [Laughter.]
        Secretary Raimondo. Absolutely, yes. In fact, I was with
    Governor Ige this weekend. I spoke to the Governors about
    broadband, and he brought this up specifically, and I expect
    that this will be in Hawaii's plan through the BEAD, you know,
    process. But absolutely we will work with them.

                          TRIBAL CONNECTIVITY FUNDING

        Senator Schatz. Thank you very much. As Chairman of Indian
    Affairs, I appreciate that the department has been working hard
    to implement the first round of funding for the Tribal
    broadband connectivity program, but there are still challenges
    in pushing the money out quickly enough, and with the
    flexibility needed for the unique needs on the ground. What
    have you learned from the first round? And what can Congress do
    to ensure that funds in this coming round are issued as quickly
    as possible?
        Secretary Raimondo. Yes. Thank you for the question. And I
    acknowledge that we are a little bit behind on those Tribal
    deadlines, but as I said to the Chair, our mantra is, ``Get it
    right.'' What have we learned? We learned that we had to cure
    about 70 percent of the initial applications from Tribal
    communities, which means a lot of technical assistance, and
    that takes time.
        And so, we do that, we have learned how to do it, but it
    does take time, and we want to make sure if everyone is going
    to participate, we want to give the Tribes a chance to get the
    money, which means we have to help them improve their
    proposals.
        Secondly, we have learned that you have to really do
    stakeholder engagement because the needs and conditions in
    Tribes are just different. And so, we have to get out in front
    of it and listen even more. I will also say, on a personal
    level, I have learned just how heartbreaking this is. 50
    percent of people on Tribal lands have no broadband, and I have
    heard people tell me stories of a teacher having to get in her
    car and drive school worksheets once a week to the kids,
    because otherwise they couldn't go to school at all. So we are
    very deeply committed to it.
        Senator Schatz. Thank you. And I think a couple of
    thoughts. First, Tribal consultation, consultation with native
    peoples, because the people of Hawaii are not a federally
    recognized Tribe, but still have trust obligations under--under
    Federal law. But Native consultation is the key principle here,
    and it could be turned into a kind of TA, and that is fine. But
    it does seem to me that the consultation on the frontend is
    both logistically smart, but it is also consistent with Federal
    policy, which is to enable Tribal consultation, and the sort
    of, ``nothing about me without me'' and understanding that some
    of these Tribes have extraordinary resources, and no problem to
    apply for a Federal grant.
        Secretary Raimondo. Yes, yes, yes.
        Senator Schatz. Some of them don't. Some of them, the
    librarian is the sheriff, is the--you know, and people are
    trying their very best to do multiple jobs in extraordinarily
    difficult circumstances. So I appreciate your attention to
    that.

                     COASTAL RESILIENCE AND HABITAT FUNDING

        Let me finish with NOAA. I really appreciate your passion
    for oceans. We share that passion, only one of us is from the
    Ocean State. And so I really appreciate the work you are
    willing to do. The Infrastructure Bill has $1.3 billion over 5
    years for Coastal Resilience and Habitat Funding.
        If you can just give me a couple of thoughts about how you
    are thinking about that? And then specifically, to the extent
    that it is infrastructure, how you are going to work with DOT,
    and the Army Corps, and think through, you know, green
    infrastructure, not as a slogan but as, for instance, a better
    coastal inundation prevention strategy, than some of the stuff
    that the Army Corps is doing in the first instance.
        And that this idea of ecosystem services is not some pie-
    in-the-sky, you know, conservationist term, it is actually a
    pretty smart way to manage risk if we do it right. So could you
    give me your thoughts on that?
        Secretary Raimondo. I mean, you said it much better than I
    ever could. And in this respect, we have the 18 programs
    related to costal resiliency, which are vastly oversubscribed,
    well run through our existing NOAA offices, hugely
    oversubscribed. So, this additional money we plan to run
    through the existing NOAA program offices and meet the need
    that previously has gone unmet.
        We are targeting, you know, summer to start getting this
    money out the door, but it is intended to do what you said. You
    know, and I did see this in Rhode Island. Like, resiliency, and
    adaptation, and planning is--you know, communities know how to
    do it. They do--they need our help and our money to do it.
        Senator Schatz. Thank you very much.
        Senator Shaheen. Thank you, Senator Schatz.
        Senator Manchin would like to ask questions, right now he
    is still in an energy hearing, but both Senators Collins,
    Moran, and myself have expressed an interest in a second round.
    So we will go ahead with that. And when Senator Manchin comes
    on, we will go to him for questions.

                    JOB CREATION FOR INFRASTRUCTURE PROGRAMS

        I would like to pick up first on the workforce question,
    because you pointed out you are going to need to hire over a
    hundred people just in NTIA to administer the infrastructure
    programs. So I have heard that in New Hampshire, as we are--as
    communities are thinking about how to make better use of the
    funding that is coming in from the infrastructure proposal. And
    as we think about how do we get all of the workers who are
    going to execute the BEAD Program: How are we going to get the
    small businesses that are going to provide the ISP companies
    that we are going to need?
        So can you talk a little bit about your thinking on this?
    And how you see us being able to ramp up to do that; because in
    States like New Hampshire, that is a huge challenge?
        Secretary Raimondo. So let me try to answer it and make
    sure I am answering that question. As I said earlier we--our
    number suggests, we think we can create between 100,000 and
    200,000 jobs in deploying the $65 billion. And that is across
    the map, you know, construction jobs, technician, technical
    jobs, everything that you have said.
        As a result, we are allowing for flexibility for States to
    use their BEAD money to do, for example, apprenticeships, job
    training, recruiting, for exactly this reason. So we are
    encouraging States, and the digital equity money as well, the
    additional money. So we are encouraging States when they are
    putting together their plan, it is not just about laying fiber,
    it is about: What are the workforce needs that you will have?
    And what are the, you know, worker training and other
    initiatives that you are going to invest in, in order to meet
    those needs?
        Senator Shaheen. And are you going to be providing any kind
    of guidance, modeling, examples, and how do you envision
    working with the SBA, for example, who is going to be
    important, I would think, in helping some of those small
    businesses to develop, who can actually be in charge of hiring
    the workers to do the deployment.
        Secretary Raimondo. Yes. So again, I keep saying technical
    assistance, but I can't say it enough. I mean, this is going to
    be very important. We are hiring 120 people in NTIA to do just
    this program. That is in addition to what they already have,
    that is in addition to the other resources in Commerce. We are
    going to have to really, in a very hands-on, granular way, work
    with States, absolutely provide them support. We are having
    community of practice meetings, we are sharing best practices,
    we are going to loop in the Labor Department, and offer
    guidance and help with, how to do apprenticeship programs, et
    cetera. We have already started to do that, but it is that,
    that will be a huge--that is what we have to do.
        Senator Shaheen. I am really pleased to hear that because I
    think that is going to be one of the biggest challenges of this
    program.
        Secretary Raimondo. Yes. By the way, I will say, I think
    there is a huge opportunity here for women and people of color,
    because if you look at who traditionally does these kinds of
    jobs----
        Senator Shaheen. Oh, absolutely.
        Secretary Raimondo. It is disproportionately, not women and
    people of color. And so deploying this much money, and creating
    over 100,000 jobs, it is also about equity, and I am passionate
    about this piece of the work.

              MAXIMIZING FUNDING EFFICIENCY FOR LOCAL GOVERNMENTS

        Senator Shaheen. Great. That is great to hear. I talked
    about talking to our Municipal Association in New Hampshire,
    and one of the questions that I got was, and I think maybe you
    and I talked about this a little bit, but that is how States
    local governments can maximize efficiency as they are looking
    at the funding that is coming in.
        For example, we have a lot of communities that are going to
    be using the water and sewer money, they are going to be
    looking for the broadband money, they are going to be looking
    for transportation funding. And for a lot of those, they are
    going to traverse the same route.
        Secretary Raimondo. Mm-hmm.
        Senator Shaheen. So their question was: How can we
    coordinate those activities so that we know the money is coming
    so we can plan to do? If there are pipes and lines going to a
    certain area so that we can plan to do that digging all at
    once.
        Secretary Raimondo. Yes. So this is a real challenge. As I
    said, the President has a task force which is led by Mitch
    Landrieu. We meet weekly trying to coordinate on our end to
    avoid exactly what you are talking about. And you know, as I
    say, we are already meeting weekly, we are reaching out, we are
    trying to make it one-stop shop, I don't think there is a
    silver bullet on this. I think it is about being vigilant and
    in constant communication with these States.
        And now, somebody asked: What can Governors be doing now?
    This was my message to Governors: Like, figure out how we
    change permitting now. Or we don't want to be ripping up the
    same road 3 times in a year. You live that as Governor too. So
    we are asking Governors to start planning now to avoid some of
    these issues.
        Senator Shaheen. Thank you.
        Senator Braun.

                              GOVERNMENT SPENDING

        Senator Braun. Thank you, Madam Chair. Good to have this
    discussion. I know when I travel, all the 92 counties in
    Indiana, I hear three themes constantly, workforce, we are not
    here to talk about that, affordable housing, and rural
    broadband. And that is not to mention what I think is probably
    the biggest issue we should be grappling with. And it is the
    high cost of health care, because in running my own company, it
    was the thing that ended up coming into the C-suite because it
    never seems to get any better.
        I think that is because we got a very uncompetitive health
    care industry. Let us focus here. Let us focus on
    appropriations. Let us put a little context into the whole idea
    of appropriating.
        Since I joined the Senate we have appropriated more dollars
    outside of the appropriations process in this Committee than
    within it. This includes more than $3.8 trillion we spent on a
    bipartisan COVID bill, $1.9 trillion on ARPA. Additionally, the
    Infrastructure Bill increased discretionary spending by $415
    billion over the previous highway funding baseline, adding a
    net deficit of $256 billion.
        Put this in context, when it came through '08/'09, we spent
    $800 to $900 billion. And that was a real systemic, economic
    issue. And that seems like chump change in this day and age. I
    think the process is broken. We don't do regular order. I mean,
    we are talking about continuing resolutions because we have not
    had the ability and the political will to get this done by
    September 30 of 2021.
        I mean, it is a system that has just gone completely out of
    control. And I will put one other doozy in there. Just a little
    over 3 years ago, we were $18 trillion in debt, now we are
    nearly 30. And I think the American public needs to realize
    that coming out of World War II, the highest percentage of debt
    we had ever taken on as a country. We were savers. We were in
    investors. We paid all of that off and built the interstate
    highway system.
        That seems like a big story of fiction now when we have
    built in a trillion, now close to $1.5 trillion structural
    deficits, largely driven by the gimmick of the biggest things
    we spend money on here, would be not on discretionary, but non-
    discretionary. Social Security, Medicare, Medicaid, other
    things we so kind of ingeniously put on autopilot and don't do
    budgeting regular order anymore.
        What do you think needs to be done? We need rural
    broadband. We would be much smarter block-granting that to the
    States, because do you know what they do? They have balanced
    budget amendments. Do you know what they do? I was on the
    Budget, or on Ways and Means, and Roads and Transportation in
    Indiana for 3 years, you always make your ends meet because you
    are either statutorily, or by constitution, have to do it.
        I would like your opinion, not on broadband. How do you get
    this back into balance, when in my 3 years here, so many people
    come to this institution wanting more, and don't even realize
    that the worst news is down the road? When the Medicare Trust
    Fund goes completely bust in 4-and-a-half years, after paying
    into it since the '60s, Social Security in 10 or 11 years,
    actuarially we have known it all, we have no political will.
        I think someone in this room told me that in one of our
    first budget meetings that is what we lack mostly. I would like
    your opinion. You are in the midst of it. We are feeling no
    current pain. How do we get this institution back into a
    respectable place where people can count on it in the long run?
        Secretary Raimondo. Well thank you, Senator. I would say,
    as a Governor, I had to balance the budget every year, and run
    a State every year, and balance the budget. And so I have had
    that experience. I will also say 2008/2009, the economy
    struggled, people really struggled for 10 years after that. I
    was a Governor in the wake of that. And for years we had to
    make cuts because that stimulus wasn't quite big enough. And so
    that is why President Biden has really been leaning forward to
    say let us make investments.
        The issue that I am here to talk about, broadband, I don't
    think of it as spending money, I think about it as investing. I
    used to run a business too. These are investments, whether you
    are investing in roads, or bridges, in broadband, childcare so
    women can work. These are productivity-enhancing GDP, improving
    worker, enabling investments. I am all for accountability, I am
    all for responsibility, I am all for transparency, but I do
    think we need to invest in growth.
        Senator Braun. Real quickly, because time has expired, not
    by much, we generally go beyond this. But you are correct, a
    return on a tangible investment makes sense, but you have got
    to remember what it is driving our current deficits would not
    be for tangible investments like infrastructure that you are
    referring to.
        When you start making the argument that an intangible
    investment is somehow part of what we need to do. That is more
    what I would call, spending. You need to do some of that. The
    thing that kept your State's finances in order was probably
    your good stewardship along with some really good guardrails.
    And until we have that here, your job is going to be very
    tough. Future generations, I think, have a lot to worry about,
    about what this looks like 5 to 10 years down the road. Thank
    you.
        Secretary Raimondo. Thank you.
        Senator Shaheen. Thank you, Senator Braun.
        Senator Van Hollen.

                         COMPETITION AND AFFORDABILITY

        Senator Van Hollen. Thank you, Madam Chair.
        Welcome Madam Secretary, and thanks for your good work.
        Secretary Raimondo. Nice to see you.
        Senator Van Hollen. Nice to see you. And we appreciated in
    Maryland, Deputy Secretary Graves' recent visit to Baltimore.
        Secretary Raimondo. Yes.
        Senator Van Hollen. Where he met with Maryland's four
    HBCUs. All of them have applied for the Connecting Minority
    Communities Pilot Program, and we are working with them on
    those applications. We are also pleased that he joined us in
    Howard County where their Economic Development Authority put
    together a consortium that is a finalist in the Build Back
    Better Regional Challenge, to create a cybersecurity focused
    workforce pipeline. So thank you for the Department's attention
    on all of these ongoing efforts.
        And I was listening to your testimony, thank you for the
    work you are doing on the broadband front, high speed Internet.
    The State of Maryland is already using $300 million from the
    American Rescue Plan for that purpose around the State, as are
    a number of our municipalities, including Baltimore City.
        But the additional funds in the Infrastructure
    Modernization Program will help us all finish the job. And I
    wanted to delve a little bit more into the affordability part
    of access to high-speed Internet, because we know you need a
    tablet, you need a reliable connection, but you need to be able
    to afford it.
        Secretary Raimondo. Mm-hmm.
        Senator Van Hollen. And in many places in Maryland, a
    community might have a single provider where services are just
    unaffordable at the end of the day. You have monopoly provider,
    no competition, and the prices are too high for many families.
    And the middle-mile program can, I think, help relieve that
    issue. And I heard you in response to Senator Murkowski's
    question; make the point that a State could choose other
    resources in the BEAD Program for that purpose. Is that right?
        Secretary Raimondo. Yes, absolutely, yes.
        Senator Van Hollen. Right. And would you agree that if we
    are going to invest billions of dollars in building out our
    broadband infrastructure, that at the end of the day it does
    have to be affordable for everybody so that we are not having
    to come back, and provide new, fresh subsidies so people can
    afford the service?
        Secretary Raimondo. Absolutely. Yes. As I have said
    earlier, affordability is core, it is of no use to you or your
    family to have Internet for $80 a month, $100 a month, and we
    are going to have to look at this. We are requiring competition
    in every--in every State plan--in every State they have to have
    competition. We are hoping that the money we are providing,
    which could be to utilities, co-ops, middle-mile providers,
    nonprofits will encourage more competition.
        We are requiring everyone--every ISP provider who gets any
    of this must provide an affordable plan. So that is key. You
    are not going to get anything if you don't prove to us you have
    an affordable plan. And then finally we will be working with
    the FCC and their affordability program. It used to be the EBB,
    the Affordable Connectivity Program, which is $30 a month to,
    you know, combine our efforts with their efforts.
        Senator Van Hollen. Well thank you, Madam Secretary. Your
    response sort of anticipated my next question. So these funds
    will be available to all entities, to nonprofit entities, to
    public entities, the private entities in order to create
    competition. And what, for example, let us say a private entity
    was going to receive some of these funds, a condition of
    receiving these funds would be to agree upfront to affordable
    prices being charged?
        Secretary Raimondo. Yes. They will not be eligible to
    receive any of this money unless they first prove to us, NTIA,
    that they are going to be offering an affordable plan.

                        GRANT AND STAKEHOLDER ENGAGEMENT

        Senator Van Hollen. Thank you, Madam Secretary. My last
    question just relates to the NTIA grants, and the BEAD Grants.
    As you know, they are channeled through States. You were a
    Governor. You know that sometimes municipalities or counties in
    Maryland feel that they are not at the table when the State
    makes those decisions.
        Secretary Raimondo. Mm-hmm.
        Senator Van Hollen. Can you provide some assurances that
    the monies that flow through the States, and sub-granted to
    counties that--that counties and municipalities will be engaged
    up front in that process. That it is to say, a coordinated
    process, not a top-down process.
        Secretary Raimondo. Yes. Yes, I can. I have also lived
    that. We are requiring a lengthy, extensive stakeholder
    engagement, and requiring States to prove to us, and show us
    exactly what that stakeholder engagement was. So first they get
    a planning grant, and with that planning grant, they have to do
    a certain amount of stakeholder engagement, including with
    municipalities, including with consumer advocates, including
    with ISPs. And we are going to be the arbiter of whether it was
    enough engagement.
        Senator Van Hollen. Thank you. Thank you, Madam Secretary.
        Senator Shaheen. Thank you. Senator Capito.
        Senator Capito. Thank you, Madam Chair. And thank you for
    being with us here today, and thank you for your constant
    communication with me. Personally, as this was developing, I am
    obviously really excited about it.

                                SERVICE CONCERNS

        About 10 days ago, I launched a project through my office
    called Share Your Story. And I asked, in anticipation of all
    the money coming into the State, and some of the misspent funds
    from the BTOP Program in 2009.
        Secretary Raimondo. Mm-hmm, mm-hmm.
        Senator Capito. Don't want to make that mistake again. I
    think you and I talked about that. So amazingly, I have got 902
    stories.
        Secretary Raimondo. That is great.
        Senator Capito. These are from people all over the State of
    West Virginia that are talking about where their issues are
    with their broadband service. We have heard from schools, we
    have heard from a school superintendent who can't even conduct
    business at his own home. He has to go back to the school in
    the middle of the night if something comes up with the school
    system; businesses, but mostly individuals. They fall into a
    packet of unserved, yes, so you think: Well, how are they
    contacting you? Maybe the service at work, or something like
    that.
        Secretary Raimondo. Mm-hmm.
        Senator Capito. Underserved or service promised
    undelivered, you know, certain speeds promised, you are paying
    for this but you are not getting it. And other things are sort
    of regional, where certain areas that are more rural, or less
    populous, have less service, or less availability. And then
    some providers, who will remain unnamed, were highlighted in
    this. So I am planning to use this to----
        Secretary Raimondo. You can tell me later who they were.
        Senator Capito. Pardon.
        Secretary Raimondo. You could tell me later who those
    providers were.
        Senator Capito. I can tell you. And so I am planning to use
    this data that we are re-contacting everybody, and use this
    with my Broadband Council to help them fulfill their mapping as
    they are moving out, because I was surprised, it was such an
    overwhelming response, and very pleased. So it is called
    www.capito.senate.gov/shareyourstories.

                           TIMELINE FOR SERVICE MAPS

        And so I want to talk about something just really detail
    here, oriented. You said maps by the summer, in your comments--
    your written statement--you said that: We are prepared to
    launch these programs in a little more than 100 days, because
    as we get to share our stories, people are saying: Yes, you
    have talked about how you are going to get us broadband, when
    is this coming, because there is such an appetite?
        Secretary Raimondo. Mm-hmm. Yes, yes, yes.
        Senator Capito. So could you line out a little bit more of
    the timeline?
        Secretary Raimondo. Yes.
        Senator Capito. Just briefly. Yes.
        Secretary Raimondo. So first of all, we would like to get
    the info from you to Share Your Stories.
        Senator Capito. We will.
        Secretary Raimondo. Because as I said, we are deep into
    stakeholder engagement at the moment.
        Senator Capito. Good.
        Secretary Raimondo. So listen, this will be a challenge
    because this is the way it is going to work. Right now we are
    doing our request for comment trying to get what we can.
        Senator Capito. Yes.
        Secretary Raimondo. We are charging towards the goal of
    second week of May, third week of May, to put out the Notice of
    Funding Opportunity. So that is kind of the starting gate for
    the States.
        Senator Capito. Okay.
        Secretary Raimondo. Mid-May starting gate, apply. They will
    let us know if they want to apply. I am sure they all will.
    Then we are going to provide them with a $5 million planning
    grant, but the--and then they start working on their State
    plan. And it will take them time, it will take them months to
    do their State plan. They have to do stakeholder engagement
    that takes months. I was with the Governors the other day--
        Senator Capito. Does the stakeholder engagement have to
    begin in May? Can they be doing that now?
        Secretary Raimondo. They should be doing it now, but they
    can do it now. They can do it now, yes, they can and they
    should.
        Senator Capito. Okay. Forms the document and--
        Secretary Raimondo. Exactly, exactly. But, you know, I was
    with the Governors on Saturday, and they are like: We are ready
    to go now. We want our money now. I am like--
        Senator Capito. Right.
        Secretary Raimondo [continuing]. Respectfully you're not.
    Have you checked this box on permitting? Have you checked this
    box on building out your broadband office? Have you really done
    consultation with the Tribes, and the ISPs, and the
    municipalities; but here is the nut of it, Senator. We need the
    FCC to produce the maps--
        Senator Capito. Right.
        Secretary Raimondo [continuing]. Before we can even run the
    formula to figure out how much money every State has.
        Senator Capito. Right.
        Secretary Raimondo. And I don't know. I mean, the FCC
    Chairwoman testified to June, they are telling us summer. I
    hope it is summer, and if it is, then we can get to work
    thereafter.
        Senator Capito. Yes. I mean, obviously sooner, and the
    sooner the better, you know that. I mean, you know the--but we
    want to do it right. We want to do it accurately.
        I know there have been a lot of questions on this, and
    certainly in the Share Our Stories I saw this, and I alluded to
    it. There are areas that are sort of in the fine line of
    underserved and unserved. They may have availabilities but it
    is a--you know, a $200 a month satellite availability that in
    the mountains of West Virginia, a lot of times people are
    getting kicked off or other things.
        Secretary Raimondo. Mm-hmm.
        Senator Capito. So I was supposing that you were going to
    be planning for those gray areas. I think Senator Moran was
    sort of getting to that in his question.
        Secretary Raimondo. Yes. So you know, we look at the
    speeds, below 25/3 is unserved.
        Senator Capito. Right.
        Secretary Raimondo. Below 120 is underserved. We are also
    going to rely on the Governors in the local broadband offices.
        Senator Capito. Mm-hmm.
        Secretary Raimondo. I mean, they know. They know.
        Senator Capito. Right.
        Secretary Raimondo. In West Virginia, you know.
        Senator Capito. Right.
        Secretary Raimondo. Where is it spotty? Where is it
    insufficient? And so that is why we are asking these States to
    put together plans. And we are relying on the States to tell
    us: Hey, I don't care what your maps say. I am telling you this
    cluster has poor service. And that is why we want to use our
    money to connect this cluster, or run fiber there.
        Senator Capito. Yes.
        Secretary Raimondo. And a lot of what you are talking
    about, those technologies, they probably need fiber--
        Senator Capito. Right.
        Secretary Raimondo [continuing]. Which is what we are doing
    here so it is high quality.
        Senator Capito. Right. All right; I think my time is up,
    unfortunately. I had about 20 more questions.
        Senator Shaheen. Thank you. Senator Moran.
        Senator Manchin. Hello.
        Senator Shaheen. Senator Manchin.
        Senator Manchin. Right. I think it is my turn.
        Senator Shaheen. We didn't know you were--
        Senator Manchin. Is it?
        Senator Shaheen. We didn't know you were on.
        Senator Manchin. I just left the other meeting to come here
    to be on this, and it is such an important issue. And I heard
    Shelley talking some things, and I can take it at the same
    level, but you know, we have a lot of concerns. So is it my
    turn?
        Senator Shaheen. Yes.
        Senator Manchin. Okay.
        Senator Shaheen. Wait a minute, before you start. Let us
    see if we can figure out what is going on with the system.
        [Discussion off the record.]
        Senator Shaheen. Joe, you are on.
        Senator Manchin. Okay. Okay, Jeanne, thank you so much. I
    appreciate. I know, I know that we thought we had hooked up,
    but anyway.

                       INSUFFICIENT MAPPING AND COVERAGE

        Let me just, Secretary Raimondo, thank you for being here.
    Let me take you back a ways, on how this all came about. In
    October 2016, I brought Chairman Wheeler, because they kept
    telling us we were covered. I know Shelly has gone over. We
    both have been on top of this and trying to make this work
    because I couldn't figure out why they were saying: Oh no, your
    maps are covered, your maps are good. You are covered in this
    area.
        So I brought Chairman Wheeler to Tucker County and we were
    brought at the vocational school and he said--he was there, and
    it was showing that we had good coverage in this area with the
    maps that the FCC had.
        So I told him at that time, I said: Why don't you go back
    to your office and check to see if you have any message, or
    whatever, and just use any phone you want to, or any carrier,
    because it is shown that we have good coverage here. And it
    brought to light that he knew something was wrong. And I said--
    I said, Mr. Chairman, this is happening all over our State.
        So we started these tests, and we started challenging every
    school, every area, and it was unbelievable. I know Shelly's
    office has done the same. It is just unbelievable the response
    that we received. And we start pushing, and pushing, and
    pushing these maps. Then they said they couldn't pay for the
    maps, and they didn't. Really it was reluctant to fix--to
    upgrade these maps.
        Well, rural America was getting left behind, rural West
    Virginia and Appalachia was definitely left behind. So we put
    some things in this piece of legislation as we were working the
    Infrastructure Bill, the Bipartisan Infrastructure Bill, to
    make sure that we wouldn't get left behind this time. And we
    said that these areas that have no coverage whatsoever ought to
    be the highest priority. And I just wanted to make sure that we
    are on track, and that you are all coordinating it with the
    FCC, is on track to make sure that is where the first
    assistance is going to go, and the highest need that there is
    in the country is in the areas that have no coverage
    whatsoever.
        And Secretary, it came more to light during the--basically
    this pandemic, than any time before. I had kids that couldn't
    do their homework, they fell behind. Rural America fell behind
    faster and further than any part of our country. We had,
    basically, our veterans who couldn't do telehealth. We had
    doctors who weren't getting reimbursed because they couldn't do
    telehealth. They were doing everything by normal landlines or
    cell service. So we had to get a waiver in order for them to
    get reimbursed for telephone health, if you will.
        So it has been a cadre of problems that we have had, but it
    is said that basically there are at least 258,000 West
    Virginians without broadband access, but we have had estimates
    as high as 900,000, which is 50 percent of our population does
    don't have connectivity, or not dependable connectivity.
        So the only thing I can say: What steps are you taking in
    the short term to make sure that these needs are going to be
    met? And how can I help you?
        Secretary Raimondo. Yes. Thank you, Senator. Okay, shall I
    just go?
        Senator Manchin. I have you, yes. Secretary, you are on, I
    have you. I have you clear.
        Secretary Raimondo. Okay. Well, it is great to see you,
    albeit on a screen.
        Senator Shaheen. Senator Manchin, I think you need to mute.
    Try it again.
        Secretary Raimondo. Okay. It is nice to see you. And it is
    heartbreaking to listen to you talk. It is outrageous and
    heartbreaking, and I am determined to work with you to make
    sure every single person in West Virginia, every household,
    every small business has high quality broadband, when we are
    done with this work.
        Yes, I will commit to you that this is an initiative by its
    design, which is prioritizing unserved and underserved; you
    know, underserved is maybe technically they have service, but
    it is poor quality service. That is the explicit focus. That is
    the priority. And that is where we are going to go, to the
    unserved and the underserved.
        And the reason we are setting this up so that the States
    are in the lead is I am a firm believer that the States know,
    in some cases, address by address, school by school, where the
    dead spots are. And so, we are relying upon State broadband
    offices, and mayors, and county commissioners, and Governors to
    put together a plan to, you know, tell us what they think is
    required in their State to provide excellent, high quality,
    affordable broadband.
        I also will say, and I mix that----
        Senator Manchin. And if I can just----
        Secretary Raimondo. Oh. Go ahead.

                             FCC MAPPING COMPLETION

        Senator Manchin. Can I just chime in one time, real quick?
    Basically, the FCC, Chairman Rosenworcel, how are you all
    connected with her making sure, and what timeline does she have
    on her maps? How are they doing on the maps, because we have
    been speaking, and everything, trying to stay on top, and make
    sure she has the necessary funds, and also the resources, and
    help in the urgency that needs to be done, because we can't do
    a thing without that?
        Secretary Raimondo. Yes. No, no, believe me, she hears from
    me often. I have met with her. Alan Davidson has met with her.
    We are in constant, constant communication. She is saying
    summer we will have the maps, and so we are going to continue
    to work with her to make sure we get them as soon as we can,
    but even more important that they are accurate.
        Senator Manchin. Do you know what I would ask you to do? It
    might help, help you all determine where the need is the
    greatest, and how you can best deliver the services there, and
    funding is--as for best practices, every State has some areas
    that have an area of best practice. We have a co-op that is
    probably one of the better ones, not only in our State, but
    probably in the country.
        And if we can mimic that, and use their expertise in what
    they have found, we could, hopefully, be a little bit quicker
    in getting the services to the people in West Virginia. We have
    a higher cost of getting service in a rural area. So basically
    we have 10 percent, I think there was a 10 percent upcharge on
    that.
        Secretary Raimondo. Mm-hmm.
        Senator Manchin. That would allow for the higher cost in
    the more expensive, mountainous areas, the more rugged terrain,
    if you would. These are the type of things I think we can
    accelerate that. And if the State could let us know how they
    are cooperating with you, and if our State of West Virginia is
    working with you with their Broadband Council, using the best
    practices, giving you some ideas of how we can accelerate that.
    But until the maps come back, they can tell you what is not
    covered right now, but I am hoping the maps are going to be
    accurate enough to show you where the need is.
        Secretary Raimondo. Yes, absolutely. We will work with your
    State. I will keep all of you apprised as to how it is going
    with your States. I would ask you to keep me apprised, how you
    think it is going. You are correct, there is a 10 percent set
    aside for high-cost areas, which are areas which are more
    expensive than the average unserved area.
        And I expect, whether it is West Virginia, Alaska, a lot of
    your communities will be eligible for that plus-up, to take
    into account just how expensive it is to lay fiber in these
    areas.
        Senator Shaheen. Thank you very much, Senator Manchin.
        We will now, I think the status is we are into the second
    round of questions. Everyone has had their first round. And I
    have had my second round. So I will turn it over to Senator
    Moran for his second round.
        Senator Moran. Chair, thank you.
        Secretary Raimondo, thank you for the conversation we had
    earlier. I welcome the chance to have further discussions, as
    you suggested, in regard to RDOF, and what FCC may be doing
    that may eliminate or reduce the likelihood of many States
    accessing the funds from the Department of Commerce.
        And I think you have said this, but I am going to ask this
    question just so that you can say yes one more time and then I
    can find it in the record, if I have to come back to it.
        [Laughter.]

                          COMMITMENT TO UNSERVED AREAS

        Senator Moran. Will you commit that the Department of
    Commerce will ensure unserved areas have access to quality
    broadband service before investments are made in areas with
    existing service?
        Secretary Raimondo. I will. Here is my commitment. I commit
    that at the end of this, every person in Kansas will have
    access to high quality, affordable broadband. And so I commit
    to ensuring that we are not going to spend money adding
    duplicative service in places before making sure that everyone
    who is unserved and underserved is covered.
        Senator Moran. A more useful answer than a yes or no
    response. Thank you.
        Senator Shaheen. Be careful, Madam Secretary, because that
    means every State in the country is going to want that same
    commitment.
        Senator Moran. I believe that commitment was made to
    Kansans.
        [Laughter.]
        Secretary Raimondo. No, look. I can hear my staff saying,
    be careful, but here is the situation. This money is explicitly
    prioritizing unserved and underserved. That doesn't mean some
    of the money won't go to places that already have coverage. And
    by the way, that competition will bring down prices, and that
    is not a bad thing. But what I will commit to you is, we are
    not going to spend money, quote/unquote ``overbuilding'' until,
    first, we are certain that everyone who is unserved and
    underserved has coverage. That is the whole point of the
    program.
        Senator Moran. I might point out to my colleagues, any of
    them who care on this topic the way I do, the legislation that
    we passed altered the formula for the U.S. Department of
    Agriculture, it used to be 90 percent, some RAN provision in
    previous legislation that 90 percent had to be spent in places
    that there were no service. And we lowered that to 50 percent
    which troubled me, but we were unsuccessful in altering it, to
    return it.

                           OPERATIONS AND MAINTENANCE

        Let me ask just a couple of questions beyond this topic.
    Operations and maintenance, it has become clear to me. I think
    I was slow to recognize this. The money that we generally
    spend, almost without exception is to build out the
    infrastructure for broadband, but there is very few resources,
    maybe some at the FCC that are for operations, and maintenance.
    So what I have discovered with my rural carriers, my rural
    telephone companies, when they build out these subsidy dollars,
    this assistance to help them accomplish that, gets the
    infrastructure in place, but still it is too expensive to
    provide the service on an ongoing basis. And I don't think
    anything in this legislation directs the Department of Commerce
    to assist in those operation and maintenance costs.
        But I would just raise this issue for you, Madam Secretary,
    there is still something else that may get us the
    infrastructure in place, but then it be still unaffordable on
    an ongoing basis. And there may be something between what--I
    think it is at USF that may be helpful in this regard, but that
    may take some coordination between rural development, FCC, and
    the Department of Commerce to pay attention to one more--it
    would be sad if we got the infrastructure in place, but still
    remained unaffordable to provide the service throughout the
    future years.
        Secretary Raimondo. Yes. I will look into that, and I
    appreciate it. I mean, obviously the hope here is that we are
    providing an enormous amount of money to help defray the cost
    of laying the broadband and the infrastructure. And we are
    requiring the providers who receive the money to guarantee a
    low-cost plan.
        Having said that, I hear what you are saying. I will also
    say this, please be involved in creating your State's plan. So
    whether it is overbuilding, or making sure we get to everybody
    who is, you know, not covered, or has poor service that is why
    we are designing this. You and your Governor, and you know, the
    mayors know Kansas better than we ever will. So I will come to
    you before we approve the plan, and we will welcome your
    feedback?
        Senator Moran. That is good advice for all of us to get
    fully engaged in what is going on in our home States. As I
    said, we had outreach to our Director of Broadband Services at
    our Department of Commerce, and we need to make sure that we
    stay engaged, not just with that moment.
        Secretary Raimondo. Yes.
        Senator Moran. But into the ongoing process. As Senator
    Collins led the way, let me mention tariffs. You and I, and you
    have been very care--kind in your hosting an event for us to
    bring folks who are having difficulties as a result of the
    tariffs, and high lumber prices, steel price is another
    example. I want to add a third one to the list that I have
    talked to you about previously.
        And I certainly share Senator Collins' concern about
    softwood lumber, and housing prices, and the consequence, at a
    time in which supply chain is so limited, it seems to me that
    tariffs ought not to be one more burden in the cost or
    availability of materials in this country.

                           RISING COST OF FERTILIZER

        The one I would raise for you is fertilizer. AG commodity
    prices are higher, as everything is higher these days, so the
    price of wheat, cattle, corn, soybeans, and all the things that
    we produce in Kansas are up, but so, in an overwhelming way,
    are the input costs necessary to produce that wheat, cattle,
    and corn. One of the most important components is fertilizer,
    and fertilizer is generally made from phosphates, and from
    natural gas, both which are skyrocketing in price.
        So there is not profitability in agriculture, despite what
    you might see about the price that a farmer or rancher might
    receive for what he or she raises, but we have placed, the
    previous administration, placed tariffs, countervailing duties
    on phosphate imports from Morocco.
        And its preliminary decisions, you have continued that, and
    I would again, highlight that a time in which the demand for
    fertilizer and feeding the world, we just met with the U.S.
    Food Service Ambassador today. The demand for food, the need
    for food around the globe is huge and compelling. And what we
    can do to make sure that we produce more and feed more people
    is really important. And we also need to see something in the
    line of profitability for those who product that food.
        Secretary Raimondo. Yes.
        Senator Moran. Thank you. My time has expired.
        Secretary Raimondo. So I hear you, and I am very sensitive
    to this, and it is exacerbated now, like with the overall
    inflation, and then the supply chain challenges, generally, so
    I will look at that. I will look at that. As I say, I have very
    little degrees of freedom on these countervailing duty cases.
        I have been--I am very pleased that I was able to negotiate
    the end of the steel and aluminum tariffs, the 232 tariffs with
    the EU, and I am hard at work trying to do the same with
    Japanese, and the U.K., because I agree with you, the tariffs
    on these imports, at an inflationary time can be difficult. But
    I owe you a better answer and that will--
        Senator Moran. Excuse me for not complementing you, thank
    you for the--with regard to steel and aluminum.
        And Madam Secretary, I need to depart to speak on the
    Senate Floor.
        Secretary Raimondo. Yes.
        Senator Moran. I thank you for your time today.
        Secretary Raimondo. Thank you, Senator.
        Senator Shaheen. Thank you, Senator Moran. Senator Collins.
        Senator Collins. Thank you very much, Madam Chair.

                            RIGHT WHALE REGULATIONS

        Madam Secretary, Secretary, I know that you realized that
    you would not be leave here today, without us having yet
    another discussion about NOAA's right whale regulations. As you
    are well aware the entire Maine delegation, our Governor, the
    Maine Department of Marine Resources, all agree that his rule
    is overly burdensome, unfairly targets the Maine lobster
    industry, and will not achieve the goal of saving the right
    whale.
        In fact, NOAA's own data show that Maine's lobster industry
    has never been linked to the death of a right whale. A Federal
    judge in Maine was able to block the NOAA regulations for a
    time, and remarked that the regulations were based on what he
    called markedly thin evidence.
        And that certainly summarizes how we feel. Yet, NOAA
    proceeded to close more than 950 square miles of productive
    ocean area to lobster fishing. And that closure went through
    until yesterday, it just reopened today. And now we are finding
    that the gear conversion that is required is simply not
    available.
        An AP story entitled, ``Worries grow as deadline for whale-
    friendly gear draws near'', quotes the Maine Department of
    Marine Resources as receiving numerous complaints that there
    simply isn't a sufficient supply of approved ropes, or plastic
    links that are required by the new NOAA regulations.
        I would mention that over the years the Maine lobster
    industry has greatly reduced the amount of rope that it uses,
    and they have always been great stewards of the environment,
    and that is why this is particularly frustrating. So the Maine
    delegation along with the Governor has asked for a delay in the
    implementation of the gear conversion requirements from May 1
    to July 1.
        That would save the industry more than $7 million in lost
    fishing time, and we believe it would have no, or negligible
    impact on risk reduction. The overall scarcity of this gear is
    making it virtually impossible for many lobstermen to find it.
        It is just simply not available. So with the implementation
    date still at May 1, and that is coming up quickly, lobstermen
    are struggling to find the compliant gear in the marketplace.
    Will NOAA reconsider delaying the requirement?
        Secretary Raimondo. So thank you for the question. And as I
    have said to you before, I take this very seriously, and I
    admire the way you keep with it. We have thousands of people in
    Rhode Island who make a living as commercial fishermen, and I
    know it is more than just a living. It has often been in their
    family for generations. They did it, their father did it, their
    grandfather did it, so it is a culture, it is a way of life,
    and it is a living. And I understand that, and want to work
    with you to find the solution.
        I wish I had an easy solution here. NOAA is not permitted
    on its own to change the date from May 1 to July 1. I have
    looked into it, and under the APA we don't have that ability
    to, on our own, change the date.
        I will tell you my Head of Fisheries, Janet Coit, I have
    directed her to be on this, and she is talking to the
    Commissioner in Maine almost daily. She spoke with him today, I
    received an update. She will be speaking with him tomorrow. We
    are trying to help locate the gear, as well as provide as much
    flexibility and assistance as we can.
        So let us continue to work on it, a bit more, to see if we
    can alleviate the supply chain issues, and just continue to
    kind of work on that problem in the weeks ahead. And I will
    call you and keep you apprised.
        Senator Collins. Thank you. This is a terrible problem for
    our State, and it just seems so unfair when our lobster men and
    women are not the problem. Ship strikes are a problem. There
    are some problems with Canadian snow crab gear, for example.
    But were not the problem, and as you have rightly said,
    lobstering is an iconic industry in our State, it is a way of
    life, it is multi-generational, our lobstermen and women have
    always been extremely sensitive to the environment, and good
    stewards of the resource, and is extremely frustrating.
        Secretary Raimondo. I share the frustration. It is
    complicated as you know, with the subject of a lawsuit, and
    there is not a simple solution, but I will commit to you to
    stay on it, and see if we can do everything we can to help the
    lobstermen.
        Senator Collins. Thank you. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Collins. The New
    Hampshire lobster industry also appreciates that.
        Madam Secretary, today we had 14 Members of our Committee
    here. That is, I think, a record for a hearing, and it speaks
    to the interest and urgency people feel about broadband and how
    that funding gets done, and how we get help for our community.
    So thank you for your commitment, and for your efforts to
    ensure that this program works as well as humanly possible.
        Secretary Raimondo. Mm-hmm.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. If there are no further questions this
    afternoon, senators may submit additional questions for the
    official hearing record. We request the Department of Commerce
    responses to those questions within 30 days.
        [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 Raimondo
                  Questions Submitted by Senator Patrick Leahy
        Question 1. Under Section 60102 of the Infrastructure Investment
    and Jobs Act (IIJA), which establishes a grant program for broadband
    deployment, any actions or decisions taken by the Assistant Secretary
    of Commerce for Communications and Information are exempt from the
    requirements of certain laws. That includes the entirety of Chapter 5
    of the United States Code, which contains the Freedom of Information
    Act (FOIA). This is problematic, as this effectively means that tens of
    billions of taxpayer dollars are not subject to the public scrutiny and
    transparency provided by FOIA.
        Do you agree it is problematic to entirely exempt such a
    significant program supported by billions in taxpayer dollars from the
    requirements of the Freedom of Information Act? Would the Department be
    receptive of legislative amendments to address this exemption as
    currently written in the law? Does the Department have any
    justification for requiring such a sweeping exemption, which clearly
    runs afoul of the intent of Congress in enacting the Freedom of
    Information Act?

        Answer. The Department and NTIA intend to run the Broadband Equity,
    Access, and Deployment (BEAD) Program transparently and with
    accountability, including making information publicly accessible so
    that the public can track how each State is spending BEAD funding and
    monitor their State's progress. We, along with States and subgrantees,
    each have a critical role to play in ensuring that the BEAD Program is
    implemented in a manner that reflects transparency, accountability, and
    oversight sufficient to, among other things, minimize the opportunity
    for waste, fraud, and abuse; ensure that grant recipients under the
    Program use grant funds to further the overall purpose of the Program
    in compliance with the requirements of the Infrastructure Investment
    and Jobs Act (IIJA), the Uniform Administrative Requirements, Cost
    Principles, and Audit Requirements for Federal Awards set forth at 2
    C.F.R. Part 200, and other applicable laws and regulations; and to
    allow the public to understand and monitor grants and subgrants awarded
    under the Program. We take these responsibilities seriously and are
    happy to work with the Committee on this matter.

                                     ______

                   Questions Submitted by Senator Jerry Moran
        Question 1. There are many different broadband programs already in
    existence across the Federal government, including those at the FCC and
    the Department of Agriculture. Because of this, many states have a
    patchwork of ongoing projects. Coordination between Federal agencies is
    critical to help maximize the return on broadband investments.
    Coordination with the FCC is particularly important, as it is currently
    preparing the maps that will determine the allocation of funds. This
    coordination is essential to reach the unserved, and to ensure that we
    do not overbuild where broadband already exists.
        How often are you in touch with the FCC and other Federal entities
    to coordinate efforts, and to ensure the funds will go to the
    communities the law intended them to go?
        Will you commit to me that you will work to prevent the
    overbuilding of existing networks to the greatest degree possible?

        Answer. Last June, NTIA, FCC, and the Department of Agriculture
    (USDA) signed a Memorandum of Understanding (MOU) that commits our
    respective agencies to coordinate resources and leverage data to
    appropriately identify areas of need. I have personally spoken with
    Chairwoman Rosenworcel, and my staff, NTIA Administrator Alan Davidson,
    and the staff at NTIA are in regular communication with leadership and
    staff at the FCC, Treasury, USDA, and other agencies that fund
    broadband deployment.
        The IIJA lays out a clear framework for states to fund broadband
    infrastructure projects, which requires prioritizing unserved
    locations, then underserved locations, and then community anchor
    institutions.

        Question 2. You know as well as anyone, given your Department's
    work on supply chains, that companies in every corner of the economy
    are struggling to acquire critical materials. This issue will be even
    more acute for broadband deployment. Given the significant amount of
    funding that will be going out the door in a short timeframe, many
    companies will be competing for the same materials and equipment.
        That concern is particularly important with respect to electronic
    processors, or semiconductors. The Department of Commerce has taken the
    lead on the issue of semiconductor shortages, and has recently
    completed a comment period regarding ongoing semiconductor shortages.
        What can the Department do to alleviate broadband equipment
    availability concerns in advance of these programs dispersing funding?
        Do you believe that semiconductor shortages will impact the
    deployment of broadband, and what can be done to mitigate any potential
    shortages in the broadband space specifically, to ensure there are not
    deployment delays?
        Secretary Raimondo, does the Department envision offering supply
    chain waivers, similar to those offered under BTOP?

        Answer. In the short term, we will work with industry to explore
    options for alleviating broadband equipment availability concerns. In
    the long term, we must take steps to ensure a resilient and secure
    supply chain for critical materials and semiconductor chips, including
    continued assistance to firms expanding their semiconductor
    manufacturing investments in the United States. The microchip supply
    chain is a concern across many sectors. I continue to strongly support
    the Bipartisan Innovation Act, including appropriations for the CHIPS
    for America Act to establish programs that incentivize competitive U.S.
    semiconductor manufacturing and contribute to U.S. economic and
    national security.
        The Administration is committed to faithfully implementing the
    IIJA, including the law's Build America, Buy America provisions. Since
    his first day in office, President Biden has relentlessly focused on an
    industrial strategy to revitalize our manufacturing base, strengthen
    critical supply chains, and position U.S. workers and businesses to
    compete and lead globally in the 21st century. The Commerce Department
    will consider waiving these requirements only where the acquisition of
    domestic components would be inconsistent with the public interest,
    their cost would be unreasonable, or the relevant materials or products
    are not mined, produced, or manufactured in the United States in
    sufficient and reasonably available commercial quantities and of a
    satisfactory quality.

        Question 3. I believe that Federal programs should not fund
    overlapping networks. However, I am also concerned that some states may
    lose out on funding, based on how prior Federal programs cover
    currently unserved areas of those states.
        The IIJA lays out a methodology for allocating funds to states
    under the BEAD program: an initial $100 million, followed by an amount
    determined the number of unserved areas in a state. The purpose of the
    formula is to provide the states with the most unserved areas the most
    funding, something I agree with.
        However, one issue that I foresee is uncertainty regarding whether
    currently unserved areas are still going to be considered ``unserved''
    if a separate Federal broadband program, like FCC's RDOF, has awarded
    funding for those areas, but a network has not yet been built out. This
    risk is compounded if a previously-identified project ultimately fails
    to deliver. This creates a serious risk that some states could lose out
    on a significant amount of funding, as RDOF awards cover broad swaths
    of some states.
        Will the Department of Commerce consider areas that are ``covered''
    under another Federal program, but do not currently have access to
    broadband, as unserved, for the purposes of the funding calculation and
    allocation?
        Will the Department have a process by which states can revisit the
    number of unserved in their states if other broadband Federal programs
    fail to build out their commitments and then leave people and
    communities behind?

        Answer. NTIA will allocate funds according to the statute which
    provides that the determination of whether a location is unserved for
    allocation purposes is determined in accordance with the broadband DATA
    maps. Section 60102(h)(2) does, however, require eligible entities to
    ``ensure a transparent, evidence-based, and expeditious challenge
    process under which a unit of local government, nonprofit organization,
    or other broadband service provider can challenge a determination made
    by the eligible entity in the initial proposal as to whether a
    particular location or community anchor institution within the
    jurisdiction of the eligible entity is eligible for the grant funds,
    including whether a particular location is unserved or underserved.''
    NTIA has the opportunity and the obligation to review the results of
    that challenge process.
        NTIA is also working with other Federal agencies to coordinate
    broadband investment programs (e.g., the FCC's Rural Digital
    Opportunity Fund and the Capital Projects Fund), to best ensure that
    affordable, reliable, high speed broadband is deployed to every
    serviceable location in the United States.

        Question 4. During the hearing, you expressed an understanding that
    flexibility, when it comes to the type of broadband technology used in
    deployment, will be necessary to make certain all unserved areas of the
    country ultimately are served.
        Can you please confirm this understanding, and explain the
    necessity of ensuring technology neutrality when it comes to covering
    all unserved areas with broadband?

        Answer. There is no ``one-size-fits-all'' approach to broadband
    deployment given each state's unique challenges, and NTIA will ensure
    that the states have flexibility in identifying technical solutions. In
    many cases, the best solution will be fiber. But we will consider any
    technology that will meet America's broadband needs, consistent with
    the requirements set out in the IIJA.

        Question 5. The IIJA mandates that states certify to the Assistant
    Secretary that they will ensure coverage of unserved areas prior to any
    investment in underserved or other areas.
        How will this certification work, and how will the Department of
    Commerce ensure that all unserved areas within a state will be served
    prior to further investments in other areas?

        Answer. The IIJA lays out a clear framework for states to fund
    broadband infrastructure projects, which requires prioritizing unserved
    locations, then underserved locations, and then community anchor
    institutions. NTIA will adhere to that framework, including by
    requiring each state to certify that the state will ensure coverage of
    broadband service to all unserved locations within the state or
    territory.

        Question 6. In addition to equipment supply chain issues,
    telecommunications workers will also be in extremely high demand. There
    is an existing shortage of telecommunications workers now, so this
    increased demand could also lead to delays in deployment.
        The Telecommunications Skilled Workforce Act, which I helped
    introduce with Senator Thune, was incorporated into the IIJA and would
    establish an interagency group--led by the Federal Communications
    Commission (FCC) and Department of Labor--to analyze the shortage and
    make official recommendations for increasing the number of
    telecommunications workers.
        What is the Department of Commerce doing to help address this need?

        Answer. In order to build out broadband to every corner of the
    country, we are going to need a highly skilled, diverse workforce that
    can safely do their jobs. The Department of Commerce is participating
    in the Telecommunications Workforce Interagency Group, as established
    in the IIJA, along with the FCC, the Department of Labor, and the
    Department of Education. The working group held its first meeting in
    March and the Department looks forward to collaborating with our agency
    partners to identify the current and future needs of the
    telecommunications industry workforce.
        In addition, NTIA will engage in outreach and technical assistance
    activities to help states, territories, and their political
    subdivisions prepare to seek funding and plan for use of funds through
    the BEAD Program, by encouraging coordination with states'
    telecommunications workforce development plans.

        Question 7. The IIJA and the American Rescue Plan provide
    significant funding for broadband deployment and other infrastructure
    investments. Those bills also encourage the use of Advanced Digital
    Construction Management Systems to expedite the utilization, execution,
    and oversight of projects funded under those acts. It is my
    understanding that the Route 6/10 Interchange Reconstruction project in
    Providence, which is the largest in RIDOT history, is using this
    technology.
        What steps has the Department has taken to facilitate the
    utilization of these project management technologies?

        Answer. NTIA is developing a robust technical assistance plan to
    allow states to learn from each other about best practices. NTIA will
    evaluate whether to include Advanced Digital Construction Management
    Systems as one element of the project management technical assistance.

        Question 8. The need to address ever-evolving cybersecurity threats
    as part of every state broadband plan is critical.
        Can you assure me that broadband funding applications that are
    submitted to you will demonstrate they have taken cybersecurity
    considerations into account with details on how grant funds will secure
    these connections?
        What steps will NTIA take to ensure the proposed cybersecurity
    measures in each plan are adequate?

        Answer. I agree that addressing cybersecurity challenges in the
    state broadband plans is critical. Supporting industry's capabilities
    to respond to cybersecurity and privacy risks is one of my top
    priorities as Commerce Secretary.
        Section 60102(b)(4)(B) of the IIJA requires NTIA to provide
    technical and other assistance to states ``regarding cybersecurity
    resources and programs available through Federal agencies, including
    the Election Assistance Commission, the Cybersecurity and
    Infrastructure Security Agency, the Federal Trade Commission, and the
    National Institute of Standards and Technology.'' Further, section
    60102(g)(1)(B) of the IIJA requires that every BEAD Program subgrantee
    ``shall comply with prudent cybersecurity and supply chain risk
    management practices, as specified by the Assistant Secretary, in
    consultation with the Director of the National Institute of Standards
    and Technology and the Commission.'' NTIA staff has engaged with
    colleagues at NIST and the Commission and will ensure that the BEAD
    Program incorporates appropriate and prudent cybersecurity and supply
    chain risk management practices.
        In addition, in the Request for Comment issued on February 4, 2022,
    NTIA asked stakeholders what guidance or requirements should be
    required for network reliability and availability, cybersecurity,
    resilience, and other related topics. Based on those responses, we are
    reviewing existing guidance--including those developed by the
    Department through NIST--to ensure that cybersecurity practices are
    addressed through the Notice of Funding Opportunity.

        Question 9. USDA's latest rules for their ReConnect program
    includes changes to how they will score applications to their program,
    including awarding more points to broadband providers who commit to
    ``net neutrality'' standards. Reflecting the lack of bipartisan
    agreement on net neutrality, IIJA includes nothing regarding favoring
    broadband providers who adhere to net neutrality commitments in the
    law.
        Please describe the metrics that NTIA will use to assist in
    evaluating the plans that States will submit to be approved.
        Will you commit to me that the Department of Commerce will not take
    it upon itself to issue rules that are contrary to the bipartisan
    spirit of the IIJA, and specifically that the Department of Commerce
    will not favor providers who commit to adhere to net neutrality
    provisions?

        Answer. The IIJA requires the Assistant Secretary to determine
    whether the initial and final grant proposals filed by the states
    propose to use BEAD Program funds for the purposes listed in section
    60102(f) of the IIJA and in a manner that is in the public interest and
    effectuates the purposes of the IIJA. My focus is on deploying
    reliable, affordable high-speed broadband to all Americans.

                                     ______

                 Questions Submitted by Senator Lisa Murkowski
        Question 1. Middle Mile: In Alaska, middle mile infrastructure--the
    network that connects local networks to high speed network service
    providers--is one of our biggest obstacles to ensuring reliable and
    affordable Internet throughout the State. For example, we've had folks
    visit in the past promising Wi-Fi access to every student throughout an
    entire school--but access for an entire school in a remote area isn't
    usually the problem. We have made big strides in securing the equipment
    for end-users--like laptops in schools--but the middle mile is what we
    lack.
        I advocated for substantial funding in IIJA--$1 billion in total--
    to deploy middle mile projects. How will this program be administered
    and what is your expected timeline to start receiving public input on
    this issue?

        Answer. NTIA intends to issue a Notice of Funding Opportunity by
    May 16, 2022, that will provide guidance to applicants on how to
    participate in the Middle Mile Grant Program. NTIA expects to complete
    its review, selection of successful applicants, and award processing
    early in 2023.

        Question 2. Grants to States: Alaska has incredibly unique
    challenges when it comes to large distances, difficult terrain,
    challenging topography, extreme weather, and small populations in
    remote areas. As a result, it is essential that there not be a one size
    fits all approach to deployment and that States be given flexibility in
    determining how grants are awarded.
        Do you agree that proposals should be evaluated without a
    preference for a certain technology, but rather on their affordability,
    speed, reliability, capacity, and the amount of people that will be
    reached?

        Answer. There is no ``one-size-fits-all'' approach to broadband
    deployment given each State's unique challenges, and NTIA will ensure
    that the States have flexibility in identifying technical solutions. In
    many cases, the best solution will be fiber. But we will consider any
    technology that will best meet America's broadband needs now and in the
    future, consistent with the requirements set out in the IIJA.
        You stated that out of over $42 billion, each State will receive
    $100 million and then the rest of the funds will be distributed
    ``primarily on the number of underserved households.'' This concerns me
    because Alaska has a small population, yet broadband deployment to our
    underserved populations is prohibitively expensive due to our large
    State and challenging environments. How will you ensure that Alaska is
    fully covered and not left out due to having a small population?

        Answer. The IIJA incorporates a 10 percent set aside for high-cost
    areas in the BEAD Program that should help address this concern.
    Specifically, to support high-cost deployment areas, $4,160,100,000
    will be allocated among the States by dividing the number of unserved
    locations in high-cost areas in the State by the total number of high-
    cost areas in the United States; and multiplying the quotient by the
    amount made available for the set aside.

        Question 3. I would like to follow up on my question I asked during
    your testimony regarding the Tribal Broadband Connectivity Program
    (TBCP). You stated that your Department, and more specifically NTIA was
    still working out the details for how it will administer the additional
    $2 billion in funding from IIJA. Whether or not applicants will need to
    re-apply or if new projects will be eligible. Or if applicants can re-
    apply to be more competitive. I would like an update on your thoughts
    on this and your timelines for making a decision and implementing this
    next tranche of funds for TBCP.
        Additionally, some projects may be less competitive in one program,
    such as this one, but more competitive in, say, the provisions for
    middle mile. As NTIA reviews Tribal connectivity grant applications,
    how are you coordinating with other Federal agencies, such as USDA,
    that also received broadband funding? How is NTIA participating in a
    whole-of-government approach to broadband deployment and adoption on
    tribal lands? Should people submit for more than one of these programs?

        Answer. Meeting the goal of connecting everyone in America with
    reliable, affordable, high-speed Internet will require a ``whole of
    government'' approach that includes close coordination among Federal,
    State, and community actors. We are in regular communication with our
    interagency colleagues and the White House Infrastructure Task Force to
    ensure full coordination. NTIA, FCC, and USDA signed an MOU in June
    2021 that documents their commitment to coordinate resources and
    leverage data from each to appropriately identify areas of need,
    including on Tribal lands.
        NTIA anticipates using a portion of the $2 billion to ensure that
    the stronger applications submitted in response to the first TBCP
    Notice of Funding Opportunity (NOFO) get funded. NTIA then anticipates
    using the remaining funds to issue a second NOFO that will provide an
    opportunity to Tribes, Alaska Native Corporations and other eligible
    applicants that did not have an opportunity to file an application
    during the first NOFO, as well as providing an opportunity for
    applicants that were not funded under the first NOFO to reapply.
        Can you speak to projects being granted on a truly ``technology
    neutral'' basis? Especially in more remote areas, we need to ensure
    we're getting creative with how to affordably and efficiently get more
    broadband access to the most people in the most remote areas in the
    most rapid manner. Communities in extreme rural Alaska should not
    continue to be left completely behind.

        Answer. As noted in answer to your earlier question, there is no
    ``one-size-fits-all'' approach to broadband deployment given each
    State's unique challenges, and NTIA will ensure that the States have
    flexibility in identifying technical solutions. In many cases, the best
    solution will be fiber. But we will consider any technology that will
    meet best America's broadband needs now and in the future, consistent
    with the requirements set out in the IIJA.

                                     ______

                  Questions Submitted by Senator John Boozman
        Question 1. One of the challenges with updating the national
    broadband maps is that existing providers report advertised speeds
    instead of actual speeds to the FCC. An issue that, at present, seems
    likely to be carried over to the new FCC broadband data and maps.
    However, simply advertising 100/20 is not sufficient to be able to
    claim that 100/20 is actually being provided to the customer.
        Advertised speeds are likely to be the basis of the new FCC data,
    which can be challenged but may be a lengthy process. Will NTIA work to
    ensure states have the flexibility to utilize state broadband data or
    to seek verification or challenge claims of existing levels of service
    where necessary to ensure communities are not left behind? How will
    NTIA evaluate applicants' speed delivery capabilities?

        Answer. NTIA, in implementing the BEAD Program, will be required to
    use the FCC's updated broadband maps that the Commission is creating as
    part of the Broadband DATA Act. These first of their kind maps will
    show which locations have broadband service and will be used to
    determine which locations are unserved.
        Section 60102(h)(2) of the IIJA requires states to establish a
    process to challenge deficiencies in those maps. It requires that each
    state ``ensure a transparent, evidence-based, and expeditious challenge
    process under which a unit of local government, nonprofit organization,
    or other broadband service provider can challenge a determination made
    by the eligible entity in the initial proposal as to whether a
    particular location or community anchor institution within the
    jurisdiction of the eligible entity is eligible for the grant funds,
    including whether a particular location is unserved or underserved.''
    NTIA has the opportunity and the obligation to review the results of
    that challenge process.
        In addition, NTIA is already working with states to help them
    understand and participate in the FCC mapping processes, share mapping
    best practices, and provide other mapping support. The objective is to
    get states thinking about how best to leverage their state process to
    ensure that communities are not left behind. This type of technical
    assistance will continue throughout the BEAD Program.

        Question 2. The USDA Reconnect broadband grant program includes
    criteria against which grant applicant ISPs are scored. However, in
    that program, no consideration is given (or points awarded in the
    ``scoring'' system) for the cost of the build proposed by an applicant.
    For example, Applicant A may propose to build an area for $12 million,
    whereas Applicant B may propose to build the same area for $10 million.
    If Applicant A scores higher than Applicant B, it's likely that the
    government will spend $2 million more than necessary to subsidize
    broadband availability in that area. Does Commerce/NTIA plan to adopt
    the same scoring rules as the USDA, or will it adopt different rules to
    ensure the most efficient use of taxpayer dollars?

        Answer. My objective is to make sure these Federal dollars go as
    far as possible and help to accomplish the President's goal of
    connecting all Americans. As a result, we will be working with the
    states to ensure that we are maximizing the value of Federal support
    for these projects. Each state faces unique circumstances--there is no
    ``one size fits all'' solution to broadband deployment. As such,
    successful execution of the BEAD Program demands close collaboration
    between NTIA, as the program administrator, and the states who will
    have significant flexibility when choosing how to fund broadband
    deployments. I have directed NTIA to engage in early and clear
    communication during all phases of the process to help the states
    ensure that the subgrantees they choose are well equipped to deliver
    affordable, reliable, high-speed broadband at every location within
    their jurisdictions.

        Question 3. Madam Secretary, I'm interested in how you are
    prioritizing investments in ``future proof'' broadband networks,
    especially those that use optical fiber. The magnitude of funding
    warrants serious consideration of how each grant applicant will
    contribute or fit in to the larger telecommunications ecosystem. We
    want to encourage diverse participation amongst a level playing field.
    We must also prioritize deployment of networks and technologies that
    will deliver the highest value broadband performance to Americans--that
    means fast, low latency, reliable, scalable, stands the test of time,
    something that has cost effective maintenance.
        As you shape and administer broadband funding through the Broadband
    Equity, Access, and Deployment program, what can you do to ensure that
    the applicants and technologies being prioritized are of the highest
    quality and value for the American people?
        How are you considering the long-term viability of these broadband
    investments?

        Answer. There is no ``one-size-fits-all'' approach to broadband
    deployment given each State's unique challenges, and NTIA will ensure
    that the States have flexibility in identifying technical solutions. In
    many cases, the best solution will be fiber. But we will consider any
    technology that will meet America's broadband needs, consistent with
    the requirements set out in the IIJA.

        Question 4. Some previous Federal broadband programs have awarded
    support to serve rural areas at speeds/levels of latency never before
    made available in real-world conditions.
        Congress made clear that NTIA must properly vet applicants. Will
    NTIA adopt objective standards by which applicants for funding will be
    vetted, before being invited to participate in the Broadband Equity,
    Access, and Deployment program, to ensure that they have the capability
    necessary to perform?

        Answer. Section 60102(g)(2) of the IIJA obligates states to, among
    other things, ensure that any prospective subgrantee is capable of
    carrying out activities funded by the subgrant in a competent manner in
    compliance with all applicable Federal, State, and local laws; has the
    financial and managerial capacity to meet the commitments of the
    subgrantee under the subgrant, the requirements of the Program, and
    such requirements as may be further prescribed by the Assistant
    Secretary; and has the technical and operational capability to provide
    the services promised in the subgrant in the manner contemplated by the
    subgrant award. NTIA will work with the states regarding specific
    showings that states must, at a minimum, require from prospective
    subgrantees.

        Question 5. Recently, the Treasury issued final rules for
    distribution of ARPA funds that States are required or encouraged to
    incorporate into their downstream rules for issuing grants. One of
    those rules encourages that the States, in turn, require ISP grantees
    to include at least one low-cost service option without data usage caps
    and at ``sufficient'' speeds (not defined any more specifically). Isn't
    it likely that this rule will negatively affect ISPs if existing
    customers downgrade to the new ``affordable'' plan? Further, isn't this
    effectively rate regulation through executive branch rule-making? Will
    there be a similar rule in the BEAD program? Does Commerce/NTIA endorse
    this sort of coercive rate regulation by executive fiat?

        Answer. The IIJA expressly provides that nothing in the BEAD
    statute should be construed to authorize NTIA to regulate the rates
    charged for broadband service. The IIJA does require subgrantees
    selected to deploy broadband networks with BEAD Program funds to offer
    not less than one low-cost broadband service option for eligible
    subscribers and requires that this low-cost option is to be defined by
    each state in consultation with NTIA and subject to the Assistant
    Secretary's approval.

        Question 6. In addition, Treasury rules require the states to
    require ISP grantees to opt-in to the ACP program which as defined by
    the FCC is a voluntary program for ISPs to participate in. The Final
    Rules recently released for the ACP program requires ISPs to enroll all
    eligible customers into the program without regard for any previous
    credit history, or unpaid past-due balance, the participant may have
    with the carrier. An ISP is allowed to disconnect an ACP customer for
    non-payment after 90 days but as stated previously, the provider cannot
    deny a household re-enrollment on past or present past-due balances.
    Simply put, a provider will be required to re-activate a customer--
    potentially on day 91--regardless of whether they have resolved their
    past due balance. Why should a carrier have to agree to carry past-due
    balances, carried forward or incurred in the future, and do so
    indefinitely in order to participate in closing the digital divide
    through a Federal grant? Does Commerce/NTIA believe this is a
    reasonable burden to place on ISPs who we're relying on to deploy these
    dollars and get the fiber in the ground?

        Answer. The Affordable Connectivity Program (ACP) is administered
    by the FCC and is an important component of the overall effort to
    ensure that all Americans have access to affordable, reliable, high-
    speed broadband service.

                                     ______

              Questions Submitted by Senator Shelley Moore Capito
        Question 1. While the broadband programs authorized and funded
    under the IIJA represent the greatest one-time investment ever in
    closing the digital divide, we still have the monumental task of making
    sure the money is spent in the right places.
        To ensure that we direct dollars to where they are needed most,
    rather than overbuilding in already well-served areas, are you
    committed to using updated, verifiable maps that will help ensure that
    initial project awards aren't directed to areas that already have
    broadband service?
        On that same note, multiple Federal agencies, such as the Federal
    Communications Commission, the Department of Agriculture, the Treasury
    Department, and your own agency, also spend billions of dollars to
    support broadband deployment. What steps will the Commerce Department
    take to ensure that monies from the recently passed infrastructure law
    are not allocated to projects that would just overbuild on existing
    broadband networks?

        Answer. NTIA, in implementing the BEAD Program, will be required to
    use the FCC's updated broadband maps that the Commission is creating as
    part of the Broadband DATA Act. These first of their kind maps will
    show which locations have broadband service and will be used to
    determine which locations are unserved.
        The IIJA lays out a clear framework for States to fund broadband
    infrastructure projects, which requires prioritizing unserved
    locations, then underserved locations, and then community anchor
    institutions. NTIA will require that States faithfully adhere to that
    framework.

        Question 2. Recently I, along with Ranking Member Moran and a
    number of my senate colleagues, sent letters to both the Department of
    Treasury and USDA to express concern over steps they have made to give
    ``extra points'' to non-profit, municipal, and cooperative providers
    when deciding on broadband funding recipients. My concern is that these
    measures could hurt commercial-community-based providers with a proven
    track record of successfully deploying Internet in rural areas.
        Does the Department of Commerce plan to adopt a similar ``points
    system'' in their decisionmaking in disbursing funds?

        Answer. Each State faces unique circumstances--there is no ``one
    size fits all'' solution to broadband deployment. As such, successful
    execution of the BEAD Program demands close collaboration between NTIA,
    as the program administrator, and the States, who will have significant
    flexibility when choosing how to fund broadband deployments. I have
    directed NTIA to engage in early and clear communication during all
    phases of the process to help the States ensure that the subgrantees
    they choose are well equipped to deliver affordable, reliable, high-
    speed broadband at every location within their jurisdictions.

        Question 3. In your written testimony, you said that the National
    Telecommunications and Information Administration (NTIA) has held three
    virtual, public listening sessions to help inform the development and
    implementation of the broadband program in the law over the past 2
    months.
        Can you provide some examples of the entities you have already met
    with and provide what information is exchanged during these sessions
    from the Department?
        Are you willing to provide a list of all entities to the
    subcommittee that have participated in the listening sessions you refer
    to in your testimony?

        Answer. We are committed to a robust outreach engagement and
    outreach strategy to ensure we hear from diverse stakeholders from
    across the country. We are also leveraging strong relationships with
    State broadband leaders to gather State input to inform our program
    design. NTIA is meeting twice a month with the State broadband leaders
    cohort and convened 108 participants representing 50 States and
    territories on March 1-2 for a robust two-day summit. NTIA had 1,250
    people registered for its first public listening session, which was
    held in December. It provided an overview of the new broadband grant
    programs authorized and funded by the IIJA. The second session focused
    on the Request for Comments on broadband programs in the IIJA. Over 800
    people registered for this session. The third session focused on the
    BEAD Program. Nearly 700 people registered for this session. Each of
    these sessions are posted on the BroadbandUSA website. Since the
    hearing, two additional listening sessions occurred, on the Enabling
    Middle Mile Broadband Infrastructure program (664 registrants) and
    Digital Equity Act programs (636 registrants). Each of these sessions
    provided the opportunity for attendees to provide live feedback and
    input regarding the session topic via verbal or written comments. The
    full recording, transcript, and PowerPoint presentations for each of
    these sessions are on the BroadbandUSA website under Events-Past
    Events. Registrants included a broad cross-section of stakeholders such
    as: local and State governments; Tribal governments; regional councils
    and organizations; colleges and universities; private-sector companies;
    community and public interest organizations; national associations
    representing a variety of stakeholder types; and members of the general
    public.
        In addition, NTIA's Office of Internet Connectivity and Growth is
    holding weekly office hours to meet with both large and small
    organizations, including individual States and territories, community
    and public interest groups Internet service providers, local government
    staff and officials, regional councils, colleges, individual Internet
    service providers (ISPs) as well as national associations representing
    ISPs, State and local government, etc.

        Question 4. Your written testimony seems to emphasize affordability
    over connectivity.
        Are you prioritizing connections over affordability or
    affordability over connections regarding the Broadband Equity, Access,
    and Deployment Program (BEAD)?

        Answer. The BEAD Program seeks to provide access to affordable,
    reliable, high-speed broadband service to all Americans. The IIJA lays
    out a clear framework for States to fund broadband infrastructure
    projects, which requires prioritizing unserved locations, then
    underserved locations, and then community anchor institutions. NTIA
    will require that States faithfully adhere to that framework.

        Question 5. The Broadband Technology Opportunities Program (BTOP),
    an approximately $4 billion grant program administered by NTIA in 2009,
    was a disaster in West Virginia. You are ultimately responsible for
    distributing $42 billion in broadband funds--just over ten times the
    BTOP amount.
        How do you plan to ensure that the funds from the infrastructure
    bill will successfully deploy high-speed broadband with no fraud,
    waste, or abuse to the American taxpayer?

        Answer. The Department, NTIA, States, and subgrantees each have a
    critical role to play in ensuring that the BEAD Program is implemented
    in a manner that ensures transparency, accountability, and oversight
    sufficient to, among other things, minimize the opportunity for waste,
    fraud, and abuse; ensure that recipients of grants under the Program
    use grant funds to further the overall purpose of the Program in
    compliance with the requirements of the IIJA, the Uniform
    Administrative Requirements, Cost Principles, and Audit Requirements
    for Federal Awards set forth at 2 C.F.R. Part 200, and other applicable
    laws and regulations; and to allow the public to understand and monitor
    grants and subgrants awarded under the Program. We take these
    responsibilities seriously.
        I also recognize that each State faces unique circumstances--there
    is no ``one size fits all'' solution to broadband deployment. As such,
    successful execution of the BEAD Program demands close collaboration
    between NTIA, as the program administrator, and the States, who will
    have significant flexibility when choosing how to fund broadband
    deployments. I have directed NTIA to engage in early and clear
    communication during all phases of the process to help the States
    ensure that the subgrantees they choose are well equipped to deliver
    affordable, reliable, high-speed broadband at every location within
    their jurisdictions.

        Question 6. Secretary Raimondo, what is your understanding of the
    NTIA and FCC's roles in spectrum management?

        Answer. NTIA and the FCC have important and complementary roles in
    managing the nation's use of spectrum. NTIA is responsible for Federal
    Government spectrum use, while the FCC regulates non-Federal use,
    including State and local government. Naturally, this requires
    extensive coordination and cooperation between the agencies, ranging
    from routine matters to significant spectrum allocation and
    reallocation decisions. The history of success from their joint work is
    impressive, and is a large reason why the United States has led the
    world in introducing innovative spectrum management frameworks, from
    commercial auctions to advances in spectrum sharing. Most recently, our
    emphasis on spectrum for 5G has resulted in 530 megahertz of contiguous
    mid-band spectrum being made available with more likely to follow. The
    FCC has similarly freed up large swaths of spectrum for unlicensed uses
    such as Wi-Fi, a true U.S. success story.
        At the same time, we are working to make this relationship even
    stronger. The NTIA Administrator and the FCC Chairwoman announced in
    February a new Spectrum Coordination Initiative that aims to
    meaningfully boost this relationship. The Initiative will include more
    regular meetings at both the leadership and staff levels, reviewing and
    updating the existing MOU between the agencies, working together to
    inform a whole-of-government national spectrum strategy, recommitting
    to decisionmaking based on sound engineering and science, and
    increasing proactive technical exchange and collaboration including
    participation in each other's advisory bodies.

                                     ______

                  Questions Submitted by Senator John Kennedy
        Question 1. Secretary Raimondo, I have heard concerns from some
    providers about the low-cost option element of the infrastructure
    broadband grant program. The legislation forbids NTIA and Commerce from
    regulating the rates of service--and many argue that prohibition should
    extend to states as well. But even aside from rate regulation, there
    are worries that imposing excessive burdens on providers through the
    low-cost option will result in those providers not participating in the
    grant program.
        Will you commit that NTIA and the Department will approach the
    requirements for the low-cost option in a measured, standardized way,
    and encourage the states to do the same?

        Answer. The IIJA expressly provides that nothing in the BEAD
    statute should be construed to authorize NTIA to regulate the rates
    charged for broadband service. The IIJA does require subgrantees
    selected to deploy broadband networks with BEAD Program funds to offer
    not less than one low-cost broadband service option for eligible
    subscribers and requires that this low-cost option is to be defined by
    each state, in consultation with NTIA and subject to the Assistant
    Secretary's approval. The Assistant Secretary will seek to ensure that
    the low-cost option is implemented consistent with the requirements of
    the IIJA.

        Question 2. At the White House briefing in November where you spoke
    about the IIJA's broadband provisions, you said, ``the whole name of
    the game here is to focus on the underserved and the unserved.'' The
    unserved areas are the hardest to serve areas that really need the most
    attention and help getting broadband.
        Will you commit to maintaining that focus on unserved areas? What
    can you do to make sure that funds don't stray from this priority
    before accomplishing this most important goal of getting broadband to
    those who still don't have it?

        Answer. The BEAD Program seeks to provide access to affordable,
    reliable, high-speed broadband service to all Americans. The IIJA lays
    out a clear framework for states to fund broadband infrastructure
    projects, which requires prioritizing unserved locations, then
    underserved locations, and then community anchor institutions. NTIA
    will require that states faithfully adhere to that framework.

        Question 3. Many States have indicated the need to establish a
    robust challenge process. Once the FCC's maps are complete and NTIA can
    begin disbursing funding, there will inevitably be inaccuracies in the
    maps. This could be due to error or inaccurately reported data, the
    fact that broadband networks are constantly in flux and data is out of
    date nearly immediately, or that a provider has a Federal or State
    commitment to build a network that meets BEAD speed standards, but it
    has not been completed at this time. I have heard from constituents in
    my State that NTIA needs to make sure there is adequate opportunity for
    interested parties to comment on areas that NTIA and the States deem
    eligible for BEAD funding.
        Will you commit to allowing ample time for the FCC maps to be
    reviewed and, potentially, challenged?

        Answer. Pursuant to section 60102(e)(1)(C) of the IIJA, the
    Assistant Secretary can begin approving and distributing funding for
    State broadband planning purposes after a State files a letter of
    intent to participate in the program. The IIJA further directs the
    Assistant Secretary, in coordination with the Commission, to allocate
    the remaining BEAD funds amongst the States once the broadband DATA
    maps are made public. Mapping data is vital, and we are working closely
    with our colleagues at the FCC to determine how best to balance the
    need to provide certainty regarding the amounts to be allocated to the
    states and territories in a timely manner against the need to allow the
    FCC, states, and providers to validate the content of the maps.

        Question 4. Do you agree that it is important for your Department
    to take a balanced approach to the program rules so experienced
    providers are incentivized to participate for grant funding?

        Answer. Yes

        Question 5. Would you also agree that experience in building,
    operating, and maintaining broadband networks should be taken into
    consideration in grant application reviews?

        Answer. Section 60102(g)(2) of the IIJA obligates States to, among
    other things, ensure that any prospective subgrantee is capable of
    carrying out activities funded by the subgrant in a competent manner in
    compliance with all applicable Federal, State, and local laws; has the
    financial and managerial capacity to meet the commitments of the
    subgrantee under the subgrant, the requirements of the Program, and
    such requirements as may be further prescribed by the Assistant
    Secretary; and has the technical and operational capability to provide
    the services promised in the subgrant in the manner contemplated by the
    subgrant award. NTIA will provide guidance to States regarding specific
    showings that States should require from prospective subgrantees.

        Question 6. Will Commerce abide by the requirement that the
    broadband grant program will remain technology neutral, and require
    that States do the same?

        Answer. There is no ``one-size-fits-all'' approach to broadband
    deployment given each State's unique challenges, and NTIA will ensure
    that the States have flexibility in identifying technical solutions. In
    many cases, the best solution will be fiber. But we will consider any
    technology that will meet America's broadband needs now and in the
    future, consistent with the requirements set out in the IIJA.

                                     ______

                  Questions Submitted by Senator Bill Hagerty
        Question 1. The National Telecommunications and Information
    Administration (NTIA) currently operates a budget of $45.6 million
    dollars a year--a budget that this subcommittee carefully and
    deliberatively crafts each year. Yet, the Bipartisan Infrastructure
    legislation has now provided the NTIA with management of nearly $50
    billion dollars in broadband grants. That is an astronomical budget
    increase of more than 100,000 times. Secretary Raimondo, how will the
    NTIA effectively manage such an enormous large increase in
    responsibility?

        Answer. The Department, NTIA, states, and subgrantees each have a
    critical role to play in ensuring that the BEAD Program is implemented
    in a manner that ensures transparency, accountability, and oversight
    sufficient to, among other things, minimize the opportunity for waste,
    fraud, and abuse; ensure that recipients of grants under the Program
    use grant funds to further the overall purpose of the Program in
    compliance with the requirements of the IIJA, the Uniform
    Administrative Requirements, Cost Principles, and Audit Requirements
    for Federal Awards set forth at 2 C.F.R. Part 200, and other applicable
    laws and regulations; and to allow the public to understand and monitor
    grants and subgrants awarded under the Program. We take these
    responsibilities seriously. NTIA is partnering with NIST for grant
    support and is augmenting its current capacity with a significant
    number of additional hires with significant grant administration
    experience to help administer the programs Congress tasked NTIA with in
    the IIJA.

        Question 2. Secretary Raimondo, NTIA has very little experience in
    the grant making process. What is the, is there a plan to ensure that
    grant recipients are held accountable?

        Answer. NTIA has run in the past and is running several large grant
    programs. In addition, the Department has significant grant making
    experience which NTIA is leveraging. The BEAD Program, which is the
    largest program NTIA is implementing, will require states to submit
    multiple plans for review and approval by NTIA. States will also be
    required to implement their own programs to minimize waste, fraud, and
    abuse. NTIA will be monitoring these processes as the program is being
    implemented and executed to ensure that states and subgrantees are
    meeting their obligations. In addition, Congress included clawback
    provisions in the IIJA for entities that fail to meet their
    obligations, NTIA will use these provisions as necessary to ensure that
    the program meets its overall goals.

        Question 3. The Bipartisan Infrastructure Act details that, in
    calculating the allocations for the Broadband Equity, Access, and
    deployment (BEAD) program, the NTIA will rely on the FCC's broadband
    maps to determine and understand the gaps in service and where Federal
    dollars can make the biggest difference. Secretary Raimondo, how are
    the FCC maps coming along? Is there a timetable of when those maps will
    be released? Has your Department been working in coordination with the
    FCC as they develop these maps?

        Answer. I have personally spoken with Chairwoman Rosenworcel, and
    my staff, NTIA Administrator Alan Davidson, and the staff at NTIA are
    in regular communication with leadership and staff at the FCC. On
    February 22, 2022, the FCC announced that the window for providers to
    file their initial Broadband Data Collection (BDC) data--the data that
    will populate the new FCC maps--will open on June 30, 2022, and close
    September 1, 2022. On March 4, 2022, the FCC published data
    specifications related to the biannual submission of subscription,
    availability, and supporting data for the BDC. These are important
    steps toward the first publication of the maps.

        Question 4. In many cases, official data is not regularly
    maintained and misidentifies coverage gaps that would inappropriately
    render certain localities ineligible for these funds. Often, data held
    by local communities better represents the reality of coverage gaps.
    So, in making funding decisions, will NTIA limit itself to the FCC
    maps, or will Governors and local officials have discretion to
    determine how best to use those dollars?

        Answer. Pursuant to section 60102(e)(1)(C) of the IIJA, the
    Assistant Secretary can begin approving and distributing funding for
    state broadband planning purposes after a state files a letter of
    intent to participate in the program. The IIJA further directs the
    Assistant Secretary, in coordination with the Commission, to allocate
    the remaining BEAD funds amongst the eligible entities once the
    broadband DATA maps are made public. I agree that accurate mapping data
    is vital, and we are working closely with our colleagues at the FCC to
    determine how best to balance the need to provide certainty regarding
    the amounts to be allocated to the states and territories in a timely
    manner against the need to allow the FCC, states, and providers to
    validate the content of the maps.
        Section 60102(h)(2) of the IIJA will help to address your concern,
    as it requires that each state ``ensure a transparent, evidence-based,
    and expeditious challenge process under which a unit of local
    government, nonprofit organization, or other broadband service provider
    can challenge a determination made by the eligible entity in the
    initial proposal as to whether a particular location or community
    anchor institution within the jurisdiction of the eligible entity is
    eligible for the grant funds, including whether a particular location
    is unserved or underserved.'' NTIA has the opportunity and the
    obligation to review the results of that challenge process.

        Question 5. As you said in your opening statement, a solution for
    New York or California may not work in Tennessee. For example,
    Tennessee maintains provider and technology neutrality, and
    consequently they have had good participation from many different types
    of providers. That neutrality has allowed Tennessee to partner with
    whoever would best serve an area. In fact, the Bipartisan
    Infrastructure bill provides for states to use an all-of-the above
    approach to broadband deployment. Secretary Raimondo, will eligible
    applicants for these funds be required to demonstrate the ability and
    expertise to build and maintain a broadband network before receiving
    funds?

        Answer. Section 60102(g)(2) of the IIJA obligates states to, among
    other things, ensure that any prospective subgrantee is capable of
    carrying out activities funded by the subgrant in a competent manner in
    compliance with all applicable Federal, State, and local laws; has the
    financial and managerial capacity to meet the commitments of the
    subgrantee under the subgrant, the requirements of the Program, and
    such requirements as may be further prescribed by the Assistant
    Secretary; and has the technical and operational capability to provide
    the services promised in the subgrant in the manner contemplated by the
    subgrant award. NTIA will provide guidance to states regarding specific
    showings that states should require from prospective subgrantees.

        Question 6. Will the Department of Commerce or individual states
    oversee the vetting and application process?

        Answer. States will design their own programs in accordance with
    guidance provided by NTIA. These programs will include processes for
    subgrantee selection and application evaluation. The IIJA requires
    states submit both their initial and final plans to NTIA for approval.
    In approving state plans, NTIA will carefully review the vetting and
    application processes established by states, in addition to the other
    required elements, to ensure these processes are in compliance with
    guidance NTIA has provided and the overall goals of the BEAD Program.
    In addition, NTIA will provide substantial technical assistance to the
    states throughout the program to assist states in establishing and
    executing their own state programs.

                                     ______

                   Questions Submitted by Senator Mike Braun
        Question 1. In the fiscal year 2021 appropriations bill, Congress
    directed the Department to ``track the use of, and access to, any
    broadband infrastructure . . . in a central database,'' and to provide
    an annual report to Congress. In December, NTIA provided its first
    report, in which it identified 65 Federal programs across 13 agencies.
    The report also notes that NTIA was only able to ``Reflect only those
    programs that responded and should not be treated as a comprehensive
    view.''
        While some of these programs have differing objectives, they often
    share nearly identical priorities, like the RDOF, the ReConnect
    Program, and Commerce's BEAD program, which all fund broadband
    construction programs.
        Do you do you support Congressional efforts aimed towards
    consolidating the number of Federal broadband programs?

        Answer. Meeting the goal of connecting everyone in America with
    reliable, affordable, high-speed Internet will require a ``whole of
    government'' approach that includes close coordination among Federal,
    state, and community actors. We are in regular communication with our
    interagency colleagues and the White House Infrastructure Task Force to
    ensure full coordination. NTIA, FCC, and USDA signed an MOU in June
    2021 that documents their commitment to coordinate resources and
    leverage data from each to appropriately identify areas of need, and
    work to avoid duplication of efforts where feasible.

        Question 2. How can the Commerce Department assist lawmakers in
    identifying duplication across Federal broadband programs?

        Answer. As you note in your prior question, section 903 of the
    Consolidated Appropriations Act, 2021, also known as the ACCESS
    BROADBAND Act, established the Office of Internet Connectivity and
    Growth within NTIA and required it to, among other things, ``track the
    construction and use of and access to any broadband infrastructure
    built using any Federal support in a central database.'' Additionally,
    section 60105 of the IIJA directs the FCC, ``in consultation with all
    relevant Federal agencies, [to] establish an online mapping tool to
    provide a locations overview of the overall geographic footprint of
    each broadband infrastructure deployment project funded by the Federal
    Government.'' This online mapping tool ``shall be . . . the
    centralized, authoritative source of information on funding made
    available by the Federal Government for broadband infrastructure
    deployment in the United States.'' We are working closely with our
    colleagues at the FCC to ensure that these tools will help lawmakers,
    regulators, providers, and the public to identify where Federal
    broadband funding has been committed.

        Question 3. My constituents are particularly worried that in
    implementing these funds, the Federal government will instruct States
    to target more densely populated areas. By doing so, the Federal
    government would be abandoning the most at-risk communities, where the
    private-sector is least able to derive an investment return. This is a
    particular issue that has been raised with me regarding FCC auctions,
    as the most rural census blocks are often the most difficult to serve.
    Do you expect to insert suggestions into your rulemaking driving states
    to focus on population dense areas over rural America?

        Answer. The BEAD Program seeks to provide access to affordable,
    reliable, high-speed broadband service to all Americans. The IIJA lays
    out a clear framework for states to fund broadband infrastructure
    projects, which requires prioritizing unserved locations, then
    underserved locations, and then community anchor institutions.

        Question 4. Today, over-the-top content--``video streaming''--is
    exploding in its use like never before. These services can place
    serious strain on telecommunications network owner, ISP's, who are
    tasked with delivering this data-heavy content to customers. These
    problems are particularly serious in high cost rural areas. It would
    appear their resources must be devoted to constantly adding capacity
    rather than expanding their network to reach more unserved. But the
    Federal government doesn't appear to have great data on the costs these
    services add to rural network operation. I've introduced a bill to have
    the FCC study this question.
        Are you familiar with the costs associated with transmitting large
    amounts of video data to small, rural ISPs in the rural areas of this
    country?

        Answer. NTIA will work with our colleagues at the FCC to explore
    the issue.

        Question 5. How will the Commerce Department consider these added
    costs when the NTIA and the States award Federal dollars to ISPs
    throughout the country to build broadband networks where they are
    needed the most?

        Answer. NTIA will work with our colleagues at the FCC to explore
    the issue.

        Question 6. The Infrastructure Investment and Jobs Act, as well as
    the American Rescue Plan, encourage the use of Advanced Digital
    Construction Management Systems to expedite the utilization, execution,
    and oversight of projects funded. It is my understanding that the Route
    6/10 Interchange Reconstruction project in Providence, which is the
    largest in RIDOT history, is using the technology. Please provide for
    the record the steps the Department has taken to require and facilitate
    the utilization of these project management technologies?

        Answer. NTIA is developing a robust technical assistance plan to
    allow states to learn from each other about best practices. NTIA will
    evaluate whether to include Advanced Digital Construction Management
    Systems as one element of the project management technical assistance.

                                     ______

                 Questions Submitted by Senator Richard Shelby
        Question 1. Secretary Raimondo--During the hearing, you mentioned
    that the Federal Communications Commission would likely complete its
    updated broadband mapping data by the summer of 2022. Given that the
    new FCC mapping data will be vital in determining each states'
    allocation of remaining Broadband Equity, Access, and Deployment (BEAD)
    funds, it is important that the FCC mapping data is accurate and that a
    process is established to reconcile potential differences between the
    new FCC mapping data and existing state mapping data prior to the
    Department's disbursements of BEAD funds.
        Therefore, at what point will the Department determine that BEAD
    funds should begin to be distributed for state broadband planning
    purposes if challenges between state mapping data and the new FCC
    mapping data occur?

        Answer. Pursuant to section 60102(e)(1)(C) of the IIJA, the
    Assistant Secretary can begin approving and distributing funding for
    state broadband planning purposes after a state files a letter of
    intent to participate in the program. The IIJA further directs the
    Assistant Secretary, in coordination with the Commission, to allocate
    the remaining BEAD funds amongst the states once the broadband DATA
    maps are made public. I agree that accurate mapping data is vital. We
    are working closely with our colleagues at the Federal Communications
    Commission (FCC) to determine how best to balance the need to provide
    certainty regarding the amounts to be allocated to the states and
    territories in a timely manner against the need to allow the FCC,
    states, and providers to validate the content of the maps.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. And the hearing is adjourned.
        [Whereupon, at 4:30 p.m., Tuesday, February 1, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2023

                                  ----------

                            TUESDAY, APRIL 26, 2022

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

        The subcommittee met at 10:00 a.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen, (Chair) presiding.
        Present: Senators Shaheen, Leahy, Schatz, Manchin, Van
    Hollen, Moran, Murkowski, Collins, Graham, Capito, Kennedy,
    Hagerty, and Braun.

                             DEPARTMENT OF JUSTICE

                    OPENING STATEMENT OF HON. JEANNE SHAHEEN

        Senator Shaheen. I am delighted to call to order the
    Subcommittee on Commerce, Justice, Science, and Related
    Agencies, and welcome the Attorney General, Merrick Garland,
    who is today's witness for the hearing to Review the
    President's fiscal year 2023 funding request. It's very good to
    see you again and I'm sure, as you know, we will have lots of
    senators coming in and out, as the first real hearing day back
    after a 2-week break. There's a lot going on. So, I hope you
    will be patient.
        This year, the President's fiscal year 2023 budget request
    for the Department of Justice is $39 billion. That's an 11
    percent increase compared to the fiscal year 2022 enacted level
    for the Department.
        This budget provides a new focus in critically important
    areas, like protecting civil rights, including a request for
    increased resources for the Civil Rights Division and Community
    Relations Service, to provide for more attorneys and mediators,
    as well as supporting grant programs that address hate crime
    prevention.
        Funding increases are also requested for agencies and
    programs that strengthen national security, including
    additional resources to investigate domestic terrorism, combat
    foreign threats, and prevent gun violence.
        It was also good to see the Department's request for
    increased funding for many grant programs, including nearly
    double the resources for the Office on Violence Against Women
    programs.
        Funding requested for newer programs, including those in
    the Office of Juvenile Justice and Delinquency Prevention, seem
    to be much needed in order to help youth and families,
    especially after this pandemic. I hope to receive an allocation
    that allows us to fund longstanding, as well as newer,
    programs, at as high a level as possible.
        Increased grant funding also means increased support for
    our police departments. This budget request does include that,
    particularly for Community Oriented Policing Services, or COPS,
    grants. But I would like to note that this Subcommittee has
    included strong funding for law enforcement grants over the
    past several years, and I think that is a commitment of this
    Committee.
        One area that Senator Moran and I have worked closely on is
    to ensure that Byrne JAG funding receives steady increases
    annually. For my State of New Hampshire, the majority of Byrne
    JAG funding supports our State's drug task force, which works
    to keep illegal narcotics, including fentanyl, out of our
    communities. And as we know, that epidemic of opioid misuse has
    dramatically increased during the pandemic.
        We've also worked together, on a bipartisan basis, to
    increase funding for programs and improve relations and
    strengthen trust between police and the communities they serve.
    Last year, we provided a total of $201 million for these
    programs. This also includes overhauling the COPS development
    program to have dedicated funding for mobile crisis teams,
    police department accreditation, and officer training.
        I'm pleased to see that the Department seems to also like
    the way we restructured this COPS program and repackaged it as
    the Just Policing program in your budget request this year.
        Now, before I close, I want to thank the 120,000 career
    employees of the Department of Justice, including law
    enforcement personnel and attorneys, for their work to keep
    Americans safe. I know it's been a challenging year with our
    country facing unprecedented threats from those that are newer
    and rapidly changing, like cybercrime, and those that are sadly
    familiar, like terrorism. Your employees are meeting these
    challenges while continuing to work through a global pandemic,
    and we all very much appreciate their work.
        I also want to thank all of those at the Department who
    investigated and prosecuted the ISIS terrorists known as The
    Beatles, including El Shafee Elsheikh, who murdered four
    Americans, James Foley, Kayla Mueller, Steven Sotloff, and
    Peter Kassig. The hard work of the U.S. Attorney's Office for
    the Eastern District of Virginia recently resulted in a guilty
    verdict for Elsheikh, and I think that not only sends a message
    to terrorists around the world that those who commit heinous
    crimes against Americans are going to be prosecuted, but it
    provides some level of closure and justice for the families of
    those murdered.
        So, Mr. Attorney General, I look forward to our discussion
    today. And with that, I'd like to recognize our Subcommittee
    Vice Chair, my colleague, Senator Moran.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Senator Shaheen, thank you for convening
    this hearing. Before turning to the subject matter of the
    hearing, I want to express my sincere appreciation for your
    stewardship of our fiscal year 2022 appropriations process and
    thank my colleagues who are Members of this Subcommittee. This
    Subcommittee held seven hearings, including a broadband hearing
    in January that, I believe, was one of the best we've had in
    our tenure.
        Senator Shaheen. Absolutely.
        Senator Moran. We produced a strong, bipartisan bill in the
    Senate, even with complicated dynamics that were outside of our
    control. And in conference, despite a very tough allocation,
    Senator Leahy, a very tough allocation, we secured a final bill
    that makes critical investments in scientific research, law
    enforcement, space exploration, economic development, and U.S.
    competitiveness. It is a bill this subcommittee can be proud
    of.
        Senator Shaheen, thank you for your leadership. I am
    excited to continue to work with you and my colleagues as we
    kick off the 2023 appropriation process.
        General Garland, welcome to this hearing. This budget that
    is being presented supports DOJ grant programs under the newly
    reauthorized Violence Against Women Act, which I was a proud--
    which I was proud to co-sponsor, and for programs that support
    local police and sheriff's departments. I want to highlight
    these programs as a critical tool to address the shocking
    increase in violent crime, including a 30 percent surge in U.S.
    murder rate, the largest single year increase in 50.
        Unfortunately, violent crime continues to lack the
    attention it requires. It is absolutely critical the Department
    of Justice support State and local law enforcement, both
    through grant programs and through joint law enforcement
    operations. The budget includes an increase for fiscal year
    2022 enacted--to fiscal year 2022 enacted levels for DOJ.
    However, rhetoric and behavior from the administration too
    often send a different signal. If law enforcement officers are
    not respected, or shown respect, from our leaders, they will
    not be respected within the community.
        We've also seen an appalling increase in attack on police
    officers. It is no surprise that the police departments and
    sheriff's offices are short-staffed and having issues
    recruiting new police officers.
        The budget request would undermine the Board of Prison--
    excuse me, the Bureau of Prisons' ability to maintain suitable,
    modern facilities that are capable of delivering educational,
    vocational, and fellowship programming.
        In addition, request proposes new, unauthorized grant
    programs intended to inhibit America's exercise of their Second
    Amendment rights.
        A budget request is, ultimately, a proposed allocation of
    scarce resources, and it's disappointing that these messaging
    programs were prioritized over the budget's critical missions
    in fully addressing the surge in violent crime.
        The budget request is a first step in the appropriations
    process, and I look forward to working with you, Attorney
    General, and with Senator Shaheen, as we craft the fiscal year
    2023 Appropriations Bill. Thank you.
        Senator Shaheen. Thank you, Senator Moran. And I realize
    that the Chair of the Appropriations Committee, Senator Leahy,
    is here. And I forgot to ask if he would like to offer some
    opening remarks.
        Senator Leahy. No, I just appreciate you and Senator Moran
    holding this. I'm delighted that the Attorney General is here.
    I'm delighted the country has the Attorney General. And I'll
    leave it to everybody else.
        Senator Shaheen. Thank you, Senator Leahy. I will now turn
    it over to you, Attorney General Garland.
    STATEMENT OF HON. MERRICK GARLAND, ATTORNEY GENERAL,
                DEPARTMENT OF JUSTICE
        Attorney General Garland. I'm on? Is this working? Yes.
    Good morning.
        Senator Shaheen. Maybe you can pull it closer.
        Attorney General Garland. Yes. Better.
        Senator Shaheen. Much.
        Attorney General Garland. Okay. Good morning, Chairwoman
    Shaheen, Ranking Member Moran, and distinguished Members of the
    Subcommittee. Thank you for the opportunity to appear before
    you today.
        Over the past 411 days that I have been Attorney General,
    three co-equal priorities have guided the work of the Justice
    Department--keeping our country safe, protecting civil rights,
    and upholding the rule of law. These priorities reflect the
    Justice Department's mission, and our mission is reflected in
    the President's fiscal year 2023 budget.
        Our first funding priority is keeping our country safe from
    all threats, foreign and domestic, whether from hostile nation
    States, terrorists, or common criminals. As our country's chief
    law enforcement officer, I am committed to supporting members
    of law enforcement at all levels of government as they work to
    protect our country, while also safeguarding civil liberties
    and ensuring our own accountability to the American people.
        To these ends, the President's fiscal year 2023 budget
    requests more than $20.2 billion to support the work of the
    Justice Department's law enforcement components and U.S.
    Attorney's offices nationwide as they carry out their complex
    mission sets. These resources will strengthen the Justice
    Department's efforts to reduce violent crime and gun violence,
    to counter the multitude of serious and evolving threats to our
    country from terrorists, cyber criminals, and hostile nation
    States, to combat the violent drug trafficking networks that
    are fueling our Nation's overdose epidemic, and to protect our
    Nation's democratic institutions, including the one we sit in
    today, from violent attack.
        In addition, the President has proposed a total of more
    than $30 billion in new investments over the next decade, to
    support law enforcement by funding the police, preventing
    crime, and accelerating criminal justice reform. In fiscal year
    2023 alone, the President's budget requests more than $8
    billion in grants for States and localities nationwide to fund
    the police, including by putting more police officers on the
    beat, and to implement community-based strategies to prevent
    crime and gun violence.
        The President's fiscal year 2023 budget also prioritizes
    the protection of civil rights. We are seeking a 32 percent
    increase in funding for the Civil Rights Division, as well as
    additional resources for our U.S. Attorneys, the FBI, the
    Community Relations Service, and our Office for Access to
    Justice. Our Civil Rights work remains vital to safeguarding
    voting rights, prosecuting hate crimes, ensuring constitutional
    policing, and addressing unlawful discrimination.
        Another area of departmental focus is safeguarding economic
    security, fairness, and opportunity. This is reflected in our
    request for resources to protect the American people from
    intellectual property crimes, to reinvigorate antitrust
    enforcement and consumer protection, to combat corporate crime,
    and to bring to justice those who seek to profit unlawfully
    from the COVID-19 pandemic. In particular, the Department
    requests a total of $273 million, an increase of 41.6 percent,
    for the Antitrust Division to carry out its critical mission of
    promoting competition in the American economy and protecting
    workers, consumers, and businesses alike.
        Finally, we are requesting $11.7 billion to ensure the just
    administration of our Nation's immigration courts and Federal
    correctional systems. This includes $1.35 billion for the
    Executive Office for Immigration Review, which I'll be
    referring to as EOIR, to reduce the immigration court backlog
    by hiring more than 1,200 new staff, including approximately
    200 immigration judge teams over the fiscal year 2022 enacted
    level.
        Our request for $8.18 billion for the Bureau of Prisons
    will help ensure the health, safety, and well-being of more
    than 150,000 individuals in Federal custody, as well as the
    officers who protect them. This request will allow BOP to hire
    1,300 new correctional officers and First Step Act staff and
    would be used to support rehabilitative programming and improve
    conditions of confinement.
        I respectfully ask for your support for our budget, as the
    Justice Department works to uphold the rule of law, to keep our
    country safe, and to protect civil rights for all. Thank you
    for the opportunity to speak with you today.
        [The statement follows:]
    Prepared Statement of Merrick B. Garland Attorney General of the United
                                     States
        Good morning, Chairwoman Shaheen, Ranking Member Moran, and
    distinguished Members of this subcommittee. I appreciate the
    opportunity to appear before you today on behalf of the United States
    Department of Justice to discuss the President's funding request for
    fiscal year 2023.
        In the face of a range of evolving and complex challenges, the
    Justice Department remains committed to its mission of upholding the
    rule of law, keeping our country safe, and protecting civil rights. I
    am pleased with the progress the Department has made on each of these
    fronts since I appeared before you last June.
        The Justice Department's success depends upon the trust of the
    people we serve. That trust must be earned every day. Over the past
    year, we have worked every day to uphold the norms and principles that
    are essential to the rule of law and upon which that trust depends. We
    have worked to counter the foreign-based threats from nation states,
    terrorist groups, radicalized individuals, and cyber criminals that
    seek to undermine our democratic and economic institutions and to sow
    fear among our people. And we have worked to counter persistent
    domestic-based threats. Those include domestic violent extremist acts
    aimed at undermining our democratic institutions, violent crime and gun
    violence that undermines our communities' trust in the rule of law, and
    corporate crime that threatens our economic institutions. We have
    worked to protect civil rights, stepping up efforts to deter, prevent,
    and prosecute hate crimes, and to foster trust between law enforcement
    and the communities we serve.
        To continue and expand this important work in fiscal year 2023, the
    Justice Department requests a total of $37.65 billion in discretionary
    resources. Our top funding priorities are:

        I. Keeping our Country Safe. Every person living in this country
    expects and deserves that their government protect them from a wide
    range of threats--from international and domestic terrorism to
    cybercrime and violent crime. As our country's chief law enforcement
    officer, I am committed to supporting members of law enforcement at all
    levels as they work to protect our country from these threats, while
    also safeguarding civil liberties and ensuring our own accountability
    to the American people. In total, the President's fiscal year 2023
    Budget requests more than $20.2 billion to expand the capacities of our
    law enforcement components and U.S. Attorneys' Offices to keep our
    country safe. This includes:

      --A total of $10.80 billion for the Federal Bureau of Investigation
            (FBI) to carry out its complex mission sets, including keeping
            our country safe from a multitude of serious and evolving
            threats, ranging from foreign terrorism to espionage and cyber
            threats and from violent crime to the proliferation and
            potential use of weapons of mass destruction.
      --A total of $2.77 billion for the United States. Attorneys' offices,
            including resources to prioritize the prosecution of violent
            crime.
      --A total of $3.10 billion for the Drug Enforcement Administration
            (DEA) to prevent the flow of deadly drugs into our communities.
      --A total of $1.81 billion for the U.S. Marshals Service (USMS) to
            assist local law enforcement in apprehending violent fugitives
            from our neighborhoods and to protect our nation's judges and
            courts.
      --A total of $1.73 billion for the Bureau of Alcohol, Tobacco,
            Firearms, and Explosives (ATF) to enhance the National
            Integrated Ballistic Information Network (NIBIN), modernize the
            National Tracing Center, and expand multijurisdictional gun
            trafficking strike forces with additional personnel.

        In addition, to keep our country safe, the President's fiscal year
    2023 Budget requests a total of $133.5 million for the National
    Security Division, an increase of 10.6 percent above the fiscal year
    2022 enacted level.

        II. Protecting Civil Rights. The President's fiscal year 2023
    Budget requests robust support for the Justice Department's core civil
    rights components. This includes:

      --A total of $215.2 million for the Civil Rights Division--an
            increase of $52.7 million or 32.4 percent above the fiscal year
            2022 enacted level--to expand its efforts to deter and
            prosecute hate crimes, safeguard fair elections, and combat
            discrimination.
      --A total of $81.4 million to bolster the civil rights work of the
            FBI and a total of $42.4 million to bolster the civil rights
            work of the United States Attorneys' offices.
      --A total of $25 million for the Community Relations Service--an
            increase of 19.2 percent above the fiscal year 2022 enacted
            level--to provide mediation and conciliation services to
            communities impacted by conflict.
      --A total of $10 million for the Office for Access to Justice to
            expand equal access to justice for all.
      --A total of $106.3 million in new funding to strengthen trust and
            accountability in law enforcement by expanding, formalizing,
            and managing Body Worn Camera programs for the FBI, DEA, USMS,
            and ATF, and $7.9 million in new funding for the Environment
            and Natural Resources Division's efforts to advance
            environmental justice and combat the climate crisis.

        The Justice Department's fiscal year 2023 request also prioritizes
    significant investments in grants for state, local, Tribal and
    territorial law enforcement partners nationwide. The President has
    proposed a total of more than $30 billion in new investments over the
    next decade to support law enforcement by funding the police,
    preventing crime, and accelerating justice system reform. In fiscal
    year 2023, the President's Budget includes the following resources for
    our law enforcement and community partners nationwide:

      --A total of $6.24 billion in discretionary and mandatory resources
            for the Office of Justice Programs (OJP) to support critical
            longstanding Justice Department grant programs, including Byrne
            Justice Assistance Grants and Project Safe Neighborhoods, as
            well as new programming that will provide state, local, Tribal,
            and territorial governments with additional resources to
            prevent crime, reduce gun violence, and accelerate criminal
            justice system reform.
      --A total of $2.83 billion in discretionary and mandatory resources
            for the Community Oriented Policing Service (COPS) to support
            the hiring of police and sworn law enforcement personnel
            nationwide and the implementation of community-based strategies
            to combat violent crime. Specifically, the Department is
            seeking a total of $537 million in discretionary resources for
            the COPS Hiring Program--an increase of 118 percent above the
            fiscal year 2022 enacted level.
      --A total of $1 billion--an increase of $425 million or 74 percent
            above the fiscal year 2022 enacted level--for the Office on
            Violence Against Women (OVW) to support longstanding Violence
            Against Women Act (VAWA) programs, including programs that
            provide critical resources to local, state, Tribal, and
            territorial partners across the country to fund police,
            prosecutors, courts, and victim services as well as resources
            to provide legal assistance for victims, transitional housing,
            and homicide and domestic violence reduction initiatives.

        III. Safeguarding Economic Security, Fairness, and Opportunity. A
    fair economy is foundational to the American dream. To safeguard
    economic security, fairness, and opportunity for all, the President's
    fiscal year 2023 Budget requests a total of $273 million, an increase
    of 41.6 percent, for the Antitrust Division to carry out its critical
    mission of promoting competition in the American economy and protecting
    workers, consumers, and businesses alike. In addition, the Department
    is committed to using every available Federal tool--including criminal,
    civil, and administrative actions--to combat and prevent fraud. The
    President's fiscal year 2023 Budget request renews the Department's
    request for critical funds for our United States Attorneys, the
    Criminal Division, and the Civil Division to protect consumers and
    combat and prevent fraud, including by bringing to justice those who
    seek to profit unlawfully from the COVID-19 pandemic.

        IV. Administering Just Immigration Court and Correctional Systems.
    The Department's fiscal year 2023 budget requests critical resources
    that will allow us to carry out our responsibilities for administering
    our nation's immigration court system and the Federal detention and
    correctional systems. The requested funds for the Executive Office of
    Immigration Review (EOIR) will increase the number of immigration
    judges and broaden the availability of legal representation in
    immigration court. And the requested resources for the Federal Bureau
    of Prisons (BOP) will help improve staffing levels in BOP's 122
    facilities nationwide while also maintaining an investment of $409.5
    million for First Step Act implementation.
        Greater detail on each of these priorities is provided below.
                          i. keeping our country safe
        The Justice Department is committed to doing everything in its
    power to protect the American people from all threats, foreign and
    domestic, while also protecting our civil liberties. Our country
    continues to face a multitude of serious and evolving threats, ranging
    from foreign terrorism to domestic extremism and from cybercrime to
    violent crime. These threats are as complex as at any time in our
    history. And the consequences of not responding to them have never been
    greater.
        In the recently enacted fiscal year 2022 Omnibus, Congress provided
    critical resources for the Department to strengthen its national
    security and law enforcement capacities, to focus our efforts on
    disrupting threats to our country, and to build deeper and even more
    effective partnerships, both here at home and around the world. Moving
    forward, enhancements are needed in order to keep apace of current and
    emerging case demands and public safety priorities in the 94 U.S.
    Attorneys' offices. The Department's fiscal year 2023 request
    reiterates the need for these resource enhancements.
        Today I would like to highlight five significant areas of focus to
    keep our country safe: (A) reducing violent crime and gun violence; (B)
    protecting national security, including by countering terrorism and
    fighting cybercrime; (C) combating drug trafficking and preventing
    overdose deaths; (D) protecting vulnerable communities; and (E)
    protecting our democratic institutions.
    A. Reducing Violent Crime and Gun Violence
        Last May, the Justice Department launched a comprehensive strategy
    aimed at mobilizing our Federal prosecutors, agents, investigators, and
    criminal justice experts to disrupt and prosecute violent crime. To
    these ends, we directed all 94 United States Attorneys' offices across
    the country to work with our state and local partners to address the
    violent crime problems specific to their districts. We strengthened
    Project Safe Neighborhoods, our cornerstone initiative to reduce
    violent crime at the community level. We launched five cross-
    jurisdictional strike forces to disrupt illegal firearms trafficking in
    key corridors across the country. We finalized a new rule to curb the
    proliferation of unserialized ghost guns. We published model gun safety
    legislation for states. We established a new policy to hold rogue gun
    dealers accountable for willful violations of the law. And the
    Department's law enforcement components--including ATF, DEA, FBI, and
    the U.S. Marshals Service--continue to operate force-multiplying task
    forces with state and local law enforcement agencies.
        The Department's fiscal year 2023 funding request includes more
    resources for our law enforcement components to embed agents in
    homicide units in departments across the country, trace crime guns,
    recover illegal firearms, pursue violent fugitives, and disrupt violent
    drug trafficking. The Department's request also includes critical
    resources for our U.S. Attorneys' offices to prosecute those who commit
    violent crimes. In addition, the Department's request includes a
    variety of increases to address the problem of violent crime and
    murdered and missing indigenous persons in Indian Country. These
    enhancements include additional resources for the Department's law
    enforcement components and U.S. Attorneys' offices in light of the
    Supreme Court's decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020).
        In addition to expanding the capacity of Federal law enforcement to
    make our communities safer, the President has proposed a total of $30
    billion in new mandatory investments to support law enforcement and
    crime prevention over the next decade. In fiscal year 2023, the
    President's Budget includes significant investments in grants for state
    and local law enforcement partners nationwide. A total of $6.24 billion
    is requested in discretionary and mandatory resources for OJP to
    support critical longstanding Justice Department grant programs,
    including Byrne Justice Assistance Grants and Project Safe
    Neighborhoods, as well as new programs that will provide state, local,
    Tribal, and territorial governments with additional resources to
    prevent crime, reduce gun violence, and accelerate justice system
    reform. In addition, a total of $2.83 billion in discretionary and
    mandatory resources is requested for the COPS Office to support the
    hiring of police and sworn law enforcement personnel nationwide and the
    implementation of community-based strategies to combat violent crime.
    Specifically, the Department is seeking a total of $537 million in
    discretionary resources for the COPS Hiring Program--an increase of 118
    percent above the fiscal year 2022 enacted level.
    B. Protecting National Security
        Countering Foreign and Domestic Terrorism. The Justice Department
    remains committed to countering terrorism and keeping pace with
    emerging terrorist threats while protecting civil rights and civil
    liberties. Our whole-of-Department commitment to countering terrorism
    is reflected in our request for more resources for our 94 U.S.
    Attorneys' offices; our law enforcement components, including the FBI;
    our grant-making offices; and our litigating divisions, including the
    National Security Division, the Civil Rights Division, and the Criminal
    Division. This request also includes resources to sustain and
    strengthen the FBI's counterterrorism efforts, including its Joint
    Terrorism Task Forces (JTTFs), the essential hubs for both
    international and domestic counterterrorism cooperation across all
    levels of government nationwide.
        Enhancing Cybersecurity and Fighting Cybercrime. Keeping our
    country safe also requires countering cyber threats--whether from
    nation states, terrorists, or common criminals. One year ago, the
    Justice Department launched a comprehensive strategic cyber review
    aimed at improving our ability to investigate and prosecute state-
    sponsored cyber threats, transnational criminal groups, infrastructure
    and ransomware attacks, and the use of cryptocurrency and money
    laundering to finance and profit from cyber-based crimes. Over the past
    12 months, the Justice Department has developed and implemented
    improvements on several fronts, including with respect to ransomware
    attacks and the criminal misuse of cryptocurrency. The President's
    fiscal year 2023 Budget requests nearly $150 million in critical
    enhancements to support the Department's cyber efforts, including
    investments that support efforts to build cyber investigative
    capabilities at FBI field divisions and U.S. Attorneys' offices
    nationwide. These investments also further enhance the cybersecurity
    posture of the FBI, DEA, and Department more broadly. The Justice
    Department requires these significant investments to protect its own
    data and cyber infrastructure and to build on its efforts to combat the
    latest cyber threats.
        Countering Nation-State Threats. The Justice Department is
    committed to taking a comprehensive approach that draws on the full
    extent of our tools and authorities to address the alarming rise in
    illegal and nefarious activities from hostile nations. The Department
    places a high priority on countering threats to our country posed by
    the governments of the People's Republic of China (PRC), Russia, Iran,
    and North Korea. Nefarious activities from hostile nation-states are
    increasingly brazen and threaten to undermine core American values and
    institutions--from unlawful and malicious cyber campaigns to the theft
    of technology and intellectual property to the use of espionage tools
    and tactics against American companies and workers alike.
        To address these threats, the Justice Department is taking a
    variety of actions, including aggressively prosecuting state agents for
    espionage; preventing hacking campaigns; preventing the repression of
    dissidents; addressing efforts to manipulate public discourse in the
    United States; and fully enforcing violations of economic sanctions and
    export restrictions. The Department appreciates the $59.4 million in
    supplemental funding for our efforts to respond to Russia's military
    invasion of Ukraine, which, among other things, is supporting the work
    of the Department's KleptoCapture Task Force. And we ask for your
    support for the President's fiscal year 2023 funding request, which
    seeks critical resources for Justice Department attorneys, agents, and
    intelligence analysts to continue the vital work of countering threats
    from hostile nation- states.
    C. Combating Drug Trafficking and Preventing Overdose Deaths
        The Justice Department is committed to keeping our country safe
    from violent drug trafficking gangs and cartels. These criminal
    networks are fueling the overdose epidemic in our country. In the
    twelve months between September 2020 and September 2021, more than
    104,000 Americans died due to drug overdose. The overwhelming majority
    of these deaths involved opioids.
        In 2021, DEA seized more than 15,000 pounds of fentanyl and more
    than 20.4 million counterfeit pills, many of which contained lethal
    amounts of fentanyl, marketed by criminal drug networks. The Department
    remains vigilant in addressing the evolving nature of the illicit drug
    threat and continues its work to dismantle illicit online drug
    marketplaces and to detect, limit, and deter illegal prescriptions,
    distribution, and diversion offenses that result in patient harm. We
    are committed to using all available resources to combat drug
    trafficking and prevent overdose deaths in the United States.
        The President's fiscal year 2023 budget requests critical resources
    to combat dangerous drug trafficking gangs and cartels and to prevent
    the flow of deadly drugs into our communities. This includes our
    request for a total of $3.10 billion for DEA's investigations,
    counterdrug efforts across 241 domestic offices and 92 foreign offices
    in 69 countries around the world, and diversion control. The
    Department's funding request also includes more than a half a billion
    dollars in opioid-related grants, including increased funding for drug
    courts and locally driven responses to opioids and substance use.
    D. Protecting Vulnerable Populations
        The Department is committed to protecting and supporting all
    communities, including the most vulnerable among us. That includes our
    special obligation to protect children from crime and exploitation.
    Likewise, elder abuse, fraud, and neglect remain urgent problems in our
    country, particularly as the COVID-19 pandemic ushered in a new wave of
    exploitative practices targeted at seniors. The Department also has a
    unique legal relationship with, and responsibility to, federally
    recognized Tribes. Gender-based violence, including domestic violence,
    dating violence, sexual assault, and stalking, cuts across
    socioeconomic, racial, and geographic lines. In addition, low-income
    communities, LGBTQ communities, communities of color, people with
    disabilities, non-citizens, and victims of human trafficking face
    disproportionately high rates of victimization. The Justice Department
    is dedicated to protecting these communities.
        The President's fiscal year 2023 requests seeks to make investments
    in all of these areas. For example, the Department seeks an additional
    $21 million for OJP's Missing and Exploited Children Program and
    requests additional funds for the Criminal Division's Child
    Exploitation and Obscenity Section. The Department seeks to invest a
    total of $1 billion in the Office on Violence Against Women, an
    increase of $425 million or 74 percent above the fiscal year 2022
    enacted level. This funding request supports longstanding Violence
    Against Women Act programs, including programs that provide critical
    resources to all states and territories to fund police, prosecutors,
    and courts, as well as resources to provide legal assistance for
    victims, transitional housing, and homicide and domestic violence
    reduction initiatives.
    E. Protecting Our Democratic Institutions
        Finally, keeping our country safe requires protecting its
    democratic institutions, including the one we sit in today, from
    violent attack. The Department will continue to work closely with
    state, local, Tribal, and territorial law enforcement to protect public
    servants--from local election officials to Members of Congress--from
    violence and threats of violence. Among other things, the President's
    fiscal year 2023 Budget seeks critical resources for the U.S. Attorneys
    as well as the U.S. Marshals Service to safeguard the security of
    Federal judges nationwide, including an increase of more than $32
    million to support judicial and Federal courthouse security.
                          ii. protecting civil rights
        Protecting civil rights was a founding purpose of the Justice
    Department in 1870. We began our work during Reconstruction to enforce
    the rights promised by the Thirteenth, Fourteenth, and Fifteenth
    Amendments. This required confronting the racist conduct of the Ku Klux
    Klan and others who used terror and violence to keep Black Americans
    from exercising their civil rights. Today, nearly 152 years after the
    Department's founding, far too many still face discrimination in
    voting, housing, and the criminal justice system; and
    disproportionately bear the brunt of the harm caused by pandemic,
    pollution, and climate change. Among a variety of investments, the
    Department's top civil rights funding priorities include:
    A. Reinvigorating Civil Rights Enforcement
        The Civil Rights Act of 1957 created the Justice Department's Civil
    Rights Division with the mission of upholding the civil and
    constitutional rights of all Americans. Today, the Division's work
    remains vital, including bringing cases to safeguard voting rights,
    prosecute hate crimes, and end unlawful discrimination. The
    Department's request seeks a total of $215.2 million for the Civil
    Rights Division, an increase of $52.7 million, or 32.4 percent, over
    the fiscal year 2022 enacted level.
        The Department's dedication to civil rights enforcement is not
    limited to the Civil Rights Division, and the fiscal year 2023 request
    reflects this broader commitment. The Department seeks a total of $81.4
    million--an increase of 28 percent--for the FBI's investigations into
    alleged violations of the Federal civil rights laws, and a total of
    $42.4 million--an increase of 24 percent--for the civil rights work of
    the U.S. Attorneys' offices.
    B. Fostering Trust and Accountability in Law Enforcement
        The Justice Department's budget request seeks $106.3 million in new
    funding to strengthen trust and accountability in law enforcement by
    expanding, formalizing, and managing Body Worn Camera programs for the
    FBI, DEA, USMS, and ATF. These cameras would be used not only by our
    state and local law enforcement and task force partners, but also by
    Federal agents.
        The Department's budget request also includes a total of $25
    million for the Community Relations Service to provide mediation and
    conciliation services to communities impacted by conflict. The
    Department's requested grant funding also supports these efforts and
    includes $23 million for the COPS Just Policing Program, which will
    expand upon current, effective approaches within law enforcement
    agencies that can reform organizational culture, practices, and
    recruitment.
    C. Expanding Access to Justice and Reforming Criminal and Juvenile
            Justice Systems
        The Department's fiscal year 2023 request includes $10 million to
    fund the newly re-established Office for Access to Justice to broaden
    the scope of its programs and activities, including through improving
    language access coordination and improving pro bono services.
        The Department's request also seeks to leverage the capacity of the
    Federal justice system to advance innovative criminal justice reform
    initiatives and serve as a model for reform that is not only
    comprehensive in scope, but evidence-informed and high-impact. For
    example, the Department's fiscal year 2023 request seeks a total of
    $760 million for juvenile justice grants. The Department also requests
    a total of $409.5 million for First Step Act implementation, including
    $100 million for a collaboration between the Justice Department and the
    Department of Labor for a national initiative to provide comprehensive
    workforce development services to people in the Federal prison system,
    both during their time in BOP facilities and after they are transferred
    to community placement.
    D. Advancing Environmental Justice and Tackling the Climate Crisis
        The Justice Department is committed to implementing Executive Order
    14008, Tackling the Climate Crisis at Home and Abroad (January 27,
    2021), which establishes a whole-of- government approach to addressing
    the climate crisis and formalizes the Federal government's commitment
    to environmental justice. To these ends, the Department's request
    includes a total of $142 million--an increase of $22 million or 18.2
    percent above the fiscal year 2022 enacted level--for the Environment
    and Natural Resources Division. Among other things, this funding would
    support the Division's efforts to combat the climate crisis, launch an
    Office for Environmental Justice, and execute a comprehensive
    environmental enforcement strategy.
         iii. safeguarding economic security, fairness, and opportunity
        A fair economy is foundational to the American dream. Fraud, theft,
    corruption, bribery, and anticompetitive agreements threaten the free
    and fair markets upon which our economy is based. They decimate the
    assets of individuals, organizations, and governments alike, and they
    increase costs for every American. Corporate crime also weakens our
    economic institutions by undermining public trust in the fairness of
    those institutions. In its pursuit of fair markets, the Justice
    Department will ensure that everyone in our economy competes by the
    same rules; that tax dollars flow to their intended recipients; and
    that corporate crime is deterred, detected, and prosecuted.
    A. Preventing the Theft of Technology and Intellectual Property
        Protecting the American people from intellectual property crimes is
    a priority for the Department of Justice. These crimes threaten our
    national security and economic security as well as public health and
    safety. The Justice Department is committed to deploying a whole-of-
    Department approach to enforcing intellectual property rights and the
    President's fiscal year 2023 Budget seeks critical resources for the
    Criminal and the National Security Divisions, as well as the FBI and
    our United States Attorneys, to pursue complex intellectual property
    crime investigations around the world.
    B. Reinvigorating Antitrust Enforcement and Consumer Protection
        Antitrust and consumer protection laws are the charter of our
    economic liberty. The Justice Department is committed to the vigorous
    enforcement of these laws. Anticompetitive practices hurt the American
    people--producers, consumers, and workers alike. And they hurt the
    American economy. Too many industries have become too consolidated over
    time. Too many companies have pursued corporate conduct and more
    aggressive mergers that have made all of us vulnerable. Against this
    background, our antitrust enforcement efforts cannot and will not slow
    down. No matter the industry and no matter the company, the Justice
    Department will vigorously enforce our antitrust laws. We will
    aggressively protect consumers, safeguard competition, and work to
    ensure economic fairness and opportunity for all.
        The Department's Antitrust Division has been underfunded for too
    long and has nearly 400 fewer staff today than it had in 1979. That is
    why we are seeking critical resources to reinvigorate our enforcement
    efforts and ensure a competitive economy for all Americans. In
    particular, the President's fiscal year 2023 Budget seeks a total of
    $273 million, an increase of $80.2 million or 41.6 percent over the
    fiscal year 2022 enacted level, for the Antitrust Division. These
    additional funds will allow the Antitrust Division to meet the
    challenges of its growing civil and criminal enforcement programs,
    including by hiring additional attorneys and support staff, and by
    modernizing the Antitrust Division's information technology
    infrastructure to support litigation against sophisticated defendants.
        In addition, the Justice Department is committed to using criminal,
    civil, and administrative actions to protect consumers. The Department
    will work to ensure the safety of food, medicines, and consumer
    products, and will safeguard consumer information from unlawful
    acquisition and use. Using our full array of civil and criminal
    enforcement tools, we will hold accountable those who make fraudulent
    or misleading representations in the marketing of goods, especially
    where such conduct risks consumer harm.
    C. Combating Corruption and Financial Crime
        Another critical focus of the Department's budget request is
    investing in combating corruption and financial crime that weakens our
    economic institutions. The Department's request seeks significant
    investments in the Consumer Protection Branch, our U.S. Attorneys'
    offices, the FBI, and the Criminal Division to promote economic
    competition and prevent the theft of intellectual property, deter and
    prosecute corporate crime, protect the government against fraud, and
    combat corruption. The Department is specifically focused on
    prioritizing the prosecution of COVID-19 related fraud through its
    COVID-19 Fraud Enforcement Task Force.
    D. Promoting the Integrity and Efficiency of the Bankruptcy System
        Congress established the United States Trustee Program in 1977 to
    serve as the ``watchdog'' of our nation's bankruptcy system. In that
    role, United States Trustees oversee nearly one million ongoing
    bankruptcy cases annually, undertake tens of thousands of civil
    enforcement actions, and refer thousands of criminal matters to U.S.
    Attorneys' offices for investigation and prosecution each year. The
    President's fiscal year 2023 Budget requests a total of $260 million
    for this important program to protect the interests of all stakeholders
    in the bankruptcy process by advocating for strict, equitable
    compliance with the law and addressing violations by debtors,
    creditors, and professionals alike.
    E. Revitalizing Tax Enforcement
        The integrity of our tax system is vital to maintaining public
    confidence. Honest taxpayers must be able to trust that they will not
    bear an undue share of the Federal tax burden. The President's fiscal
    year 2023 Budget requests $121.3 million, an increase of 4.4 percent
    above the fiscal year 2022 level, for the Department's Tax Division to
    support its vital mission of enforcing our tax laws fully, fairly, and
    consistently.
        iv. administering just immigrationcourt and correctional systems
        The President's fiscal year 2023 Budget requests a total of $11.7
    billion for the Department to carry out its responsibilities for
    administering both our nation's immigration court system and our
    Federal correctional system.
    A. Administering an Equitable and Efficient Immigration Court System
        The Justice Department is responsible for equitably and efficiently
    administering our nation's immigration court system. The Department's
    fiscal year 2023 request would strengthen our ability to apply the
    immigration laws justly, consistently, and in a timely fashion, while
    ensuring due process under the law. The Executive Office for
    Immigration Review (EOIR) needs more resources to address the case
    backlog, which has been growing for over a decade. For fiscal year
    2023, the Department requests a total of $1.35 billion for EOIR to
    reduce the backlog of immigration cases. This request will allow EOIR
    to hire more than 1,200 new staff, including approximately 200 new
    immigration judges above the fiscal year 2022 enacted level. The
    President's fiscal year 2023 Budget also expands EOIR's virtual court
    initiative and invests new resources in legal access programming.
    B. Maintaining a Safe and Humane Correctional System
        Administering the Federal detention and prison systems are also
    critical parts of the Justice Department's responsibilities. The fiscal
    year 2023 funding request seeks a total of $2.13 billion for the U.S.
    Marshals Service for Federal prisoner detention. In addition, the
    Federal Bureau of Prisons (BOP) is currently responsible for the
    custody and care of more than 150,000 Federal inmates. It is critical
    that prisons, detention centers, and community-based facilities are
    safe, humane, cost-efficient, and secure.
        Adequate staffing is a prerequisite to safe and secure facilities,
    and we must ensure that even facilities in hard-to-recruit areas are
    fully staffed. To this end, the Department requests a total of $8.18
    billion for BOP to ensure the health, safety, and wellbeing of
    incarcerated individuals and correctional staff, and to ensure
    transparency, accountability, and effective oversight of all Federal
    prisons and detention centers. This request would allow BOP to hire
    more than 700 new correctional officers and nearly 600 new First Step
    Act staff. These funds would also be used to support rehabilitative
    programming and improve conditions of confinement.
        I respectfully ask for your support for the President's fiscal year
    2023 funding request as the Justice Department works to uphold the rule
    of law, keep our country safe, and protect civil rights for all.
        Thank you.

        Senator Shaheen. Thank you very much. For those who came in
    a little later, let me just point out, we will have a 5-minute
    questioning period and senators will be called on in order of
    arrival rather than seniority, because we are no longer doing
    any virtual hearings in this Committee. So, I will begin.
        Last month you announced the establishment of Task Force
    KleptoCapture, which was described as an interagency effort
    dedicated to enforcing sanctions, export restrictions, and
    economic countermeasures against Russia. As I understand, this
    includes targeting the crimes committed by Russian officials,
    oligarchs, and others, who aid or conceal unlawful conduct. I
    know that the country is watching very closely what's happening
    in the war--the unprovoked war of Russia against Ukraine, and
    that one huge element in that is being able to reduce the
    amount of funding for that war that Russia has. So, can you
    talk a little bit about where you are, in terms of the
    interagency effort and the kind of cooperation you're getting
    internationally?
        Attorney General Garland. Yes. And I second what you said
    about what we're all seeing on the news, almost everyday--
    incredibly graphic videos of horrible atrocities that are going
    on in Ukraine. It's not just the war, it's the way in which the
    war is being prosecuted by the Russian government. Pictures of
    dead bodies of civilians in the streets, some bound with their
    hands behind their backs, intentional bombing of civilian
    residential apartments, of a theater in Mariupol. All of those
    pictures are just horrific and are the kind of things anybody
    growing up in the 20th century never expected to see in the
    21st again--a land war in Europe.
        So, every part of this government is doing its part. The
    Justice Department's role, right now, is to investigate and
    prosecute sanctions violations. So, we have, as you said, the
    KleptoCapture Task Force. Its purpose is to go after the assets
    that the Treasury Department has sanctioned, as well as to go
    off--to go after assets that have been laundered against the
    money laundering statute for criminal behavior by the Russian
    oligarchs.
        So, in addition, we are participating in the Treasury
    Department's REPO task force, which is the international task
    force, where I have met with, unfortunately virtually, the Home
    Secretaries, Attorneys General, and Treasury Secretaries of the
    participating countries. The international cooperation has been
    superb, really superb, and heartwarming for law enforcement
    officers who often have to twist arms and beg for extraditions
    and other sorts of cooperation abroad. There is no resistance
    at all, now.
        Senator Shaheen. Can you talk about how the Department is
    going to be dealing with the proceeds from any recovered
    assets?
        Attorney General Garland. Yes. So, the money would go into
    the Asset Forfeiture Fund. First thing we have to do is freeze
    the assets. Second thing is we have to get a forfeiture. Third
    is it has to go in the Asset Forfeiture Fund. The gov--we would
    support legislation that would allow some of that money to go
    directly to Ukraine. That's not the current circumstance, with
    respect to the Fund. But under the current circumstances, like
    all forfeited assets, these assets would go into the Asset
    Forfeiture Fund.
        Senator Shaheen. Well, thank you. We will take that under
    advisement in the committee.
        Let me also just editorialize a minute and say, I hope that
    these efforts will allow for future follow up that will take a
    look at how corrupt money is being laundered in the West, and
    produce a real effort to shut that down, not just in Russia but
    anywhere it's occurring.
        One of the issues that you and I discussed on the phone, in
    advance of this hearing, was my concern about how long it's
    taking to get some of the nominees approved, for U.S. Attorney,
    for U.S. Marshals. And I understand that there are two
    problems. One had been the challenge of getting the background
    checks done on those nominees. And I guess I would be
    interested in hearing whether there are more resources that
    need to be put toward that. We need to take a look at that
    process and see if there are changes that need to be made. And
    then, of course, the other challenge is here in the Senate,
    with individuals who are holding up those nominees.
        So, can you speak, first, to what happens when we have U.S.
    Attorneys--in New Hampshire, our U.S. Attorney nominee, it's
    been over a year--almost, I think, over a year now that she has
    been forwarded to the White House and is on hold. Can you just
    speak to the challenge with addressing crime around the country
    when we have U.S. Attorneys who are taking that long to get
    approved?
        Attorney General Garland. Yes. So, the United States
    Attorneys, as well as the United States Marshals, are the tip
    of spear of our effort to fight violent crime. They are the
    ones who convene the task forces in every one of the 94 U.S.
    Attorney office districts. The task forces are combinations of
    all of our Federal law enforcement, the four law enforcement
    agencies of the Justice Department, as well as the law
    enforcement agencies of the Department of Homeland Security and
    other Federal agencies, combined with State, local,
    territorial, and Tribal law enforcement. These cooperative task
    forces then, also, cooperate with the local communities.
        And that is the way in which the best attack on violent
    crime is possible. To look at what's needed in the local area,
    to identify the primary drivers, that is, particularly, the
    repeat shooters, to get them off the streets and to get them in
    jail. And to organize those things, we need confirmed United
    States Attorneys. The work of the actings is excellent but, as
    everyone knows, in order to establish policies and programs in
    any office, it's important to have a permanent head.
        So, I couldn't--I couldn't urge more strongly for the
    Senate to approve, as swiftly as possible, the U.S. Attorney
    nominees and the Marshals nominees.
        Senator Shaheen. Well, thank you very much. Is it fair to
    say that the hold up in--when people are holding these
    individuals up for other purposes, that that has a negative
    impact on our ability to fight crime?
        Attorney General Garland. Yes, I don't want to get into the
    inner workings of the Senate, but what I will say is that any
    time we're not getting confirmed law enforcement officers it
    does have a negative effect on our ability to fight violent
    crime, cybercrime, all the responsibilities that the United
    States Attorneys and Marshals have.
        Senator Shaheen. Well, thank you. I won't quote you at
    that. I will say it myself. Senator Moran.
        Senator Moran. General Garland, thank you. You're aware,
    and we've talked about even yet this morning, the tremendous
    increase in levels of violent crime. The murder rate has surged
    30 percent in 2020. It's the largest increase in over 50 years,
    in any single year. But overall violent crime, which includes
    assaults, robberies, and rapes increase by 5 percent.
        Joint operations between Federal law enforcement and local
    and State law enforcement seem to be successful. We've had
    Operation Legend and Operation Triple Beam in our State.
    Director Wrasy joined me in Kansas earlier this year. We met
    with our local State law enforcement officials. During that
    conversation, the Chief Karl Oakman, of the Kansas City, Kansas
    Police Department, expressed his desire--first of all, how
    valuable those joint operations were and his desire to see more
    of them. And of course, that's not unique to the Kansas City
    region of our State.
        To what extent are joint law enforcement operations a part
    of the DOJ's plan to combat violent crimes?
        Attorney General Garland. Well, they are the center of our
    strategy. In May of 2021, after I'd been in office just a
    couple of months, I saw the same statistics that you're
    referring to now about the rise in violent crime--the startling
    rise in 2020, which continued into 2021. And so, I launched our
    first violent crime strategy for the Department. That really
    includes three pillars, all of which are the ones you're
    talking about, which is joint task forces among Federal law
    enforcement, joint task forces between Federal and the State
    and local law enforcement, and involvement of the community
    because it is essential that the community let us know where
    the bad guys are and who the bad guys are. So, it is the core
    of what we do.
        So, the money that we're asking for comes in, I would say,
    two buckets here. We're asking for more than $20 billion--
    that's an increase of 8.2 percent--for our Federal law
    enforcement in the Justice Department, all of whom participate
    in these task forces. So, that includes the U.S. Attorney's
    offices, the FBI, the ATF, the DEA, the U.S. Marshals Service.
        Then, we're asking for $8.2 billion, which is an increase
    in $5.48 billion, for grants for State and local law
    enforcement, for the sheriffs you're talking about, for the
    police you mentioned in your opening, as well. This includes
    money for COPS hiring, for the Byrne JAG grant that the Chair
    spoke of, which are used for these task forces, for OVW grants,
    some of which are also used for investigative task forces.
    That's the way we are able to create these joint task forces.
    And so, that's--I completely agree with your assessment.
        Senator Moran. General, thank you. I--you mentioned the
    U.S. Marshals. I, too, would mention the U.S. Marshals
    Service's Regional Fugitive Task Force as another valuable
    combination of local and Federal law services.
        Let me turn to--in 2021, the DOJ Office of the Inspector
    General released a report that revealed multiple agents at the
    FBI had mishandled the investigation into former U.S.A.
    gymnastics physician, Larry Nasser, and subsequently, lied
    about their misconduct. I want to take this moment, in your
    presence, to again raise my strong concerns with the fact that
    it seems these agents have not been held fully accountable for,
    what you described as, an institutional failure.
        I understand that DOJ is reviewing its earlier decision.
    This is an issue that Senator Blumenthal and I pursued in the
    Commerce Committee. But you are reviewing the decision not to
    criminally charge these agents. Could you provide me a status
    update as to where this issue lies?
        Attorney General Garland. Yes. So, you are right. This is a
    horrible institutional failure. I--it's almost unspeakable--it
    is unspeakable, what happened to those gymnasts, and also
    unspeakable, the way in which the investigation failed to
    proceed. We have created institutional changes, in that regard,
    to make sure it doesn't happen again. The FBI has revised its
    procedures and the Deputy Attorney General has issued memoranda
    to the field so that, whenever a U.S. Attorney's office or
    Federal law enforcement decides not to follow up, that they
    immediately advise State and local law enforcement, so that
    they can continue.
        Your description of--so, the question of the
    investigation--so, the FBI's internal disciplinary work is
    still in progress. The question of reopening the earlier
    declination is in the hands of the Assistant Attorney General
    for the Criminal Division, Kenneth Polite, who is continuing to
    review the matter.
        Senator Moran. Does that mean that the FBI made a report to
    the--to that official who is now reviewing that report?
        Attorney General Garland. I think--it is the--the referral
    came from the Inspector General's report. So, it's the report
    that you are aware of that was given to the Criminal Division
    to review the earlier decision to decline.
        Senator Moran. Thank you.
        Senator Shaheen. Thank you, Senator Moran. Senator Leahy.
        Senator Leahy. Thank you, Chair. Attorney General, as I
    mentioned earlier, I'm glad you're here this morning. Time is
    short, so I'll get right to the questions.
        I'd like to start with the VOCA Fix Act, VOCA, signed into
    law last year. We passed this legislation to give a much
    needed, steady stream of deposits into the Crime Victims Fund.
    As you know, that fund helps crime victims all over the
    country. A major piece of the legislation requires funds
    collected under deferred and non-prosecution agreements to be
    deposited in the Crime Victims Fund.
        Now, I understand that there was a sizable deposit in the
    first month of implementation, but the collection's been
    deferred, and non-prosecution agreements have actually been
    quite low. Across October and November, for example, the actual
    total deposited in the Crime Victims Fund was around $1
    million. What accounts for such starkly low deposits from what
    it used to be? Is the Department concerned that this may end up
    with a zero balance in the Crime Victims Fund?
        Attorney General Garland. So, this is going to be a
    complicated answer. I'm going to do the best I can. I may have
    to refer to Assistant Attorney General Loftus, who knows the
    details of the numbers far better than I. But I'll see if I can
    walk you through where we are here.
        The VOCA Fix, which we greatly supported and are greatly
    appreciative, allowed the money to include the deferred
    prosecution agreements, which were not available before. The
    Deputy Attorney General sent a memorandum to all United States
    Attorneys' offices and to the FBI and law enforcement, to
    ensure that the money that comes from deferred prosecution
    agreements is tagged for the Victims of Crime Fund. So, we are
    making those changes.
        Senator Leahy. Is it making clear that's a priority?
        Attorney General Garland. Yes. That--the money there must
    be put in and it's a priority to make sure that that happens.
    And you are right that, in September--my figure is $254 million
    was deposited, which was the largest monthly deposit in the
    last 4 fiscal years. That was immediately after the VOCA Fix
    came into effect. In fiscal year 22 the numbers I have for the
    first 6 months are $409 million in the fund.
        You know, these are cyclical. They go up and down. It
    depends on whether there was a deferred prosecution agreement,
    whether there were forfeitures and other seizures during that
    time. So, I don't think we have enough information, yet, to
    know what the numbers--
        Senator Leahy. I would ask only the Department make it
    clear that it is a priority that it goes there. And because of
    time, let me mention another thing. There's been a lot of
    bipartisan support in the Violence Against Women
    Reauthorization Act. But what we, the Appropriations Committee,
    determined to do was put it as part of the fiscal year 2022
    Omnibus Appropriations Package because we're concerned, in the
    normal course of events, it might not have gotten up for a
    vote. But the President's fiscal year 2023 budget doesn't
    account for some of the new programs that were included in
    Violence Against Women Act.
        Many of us had worked across the aisle to improve that Act,
    to enlarge it. I know that, when I was Chair of Judiciary, we
    added Native Americans, the LGBTQ community, sexual
    exploitation of minors. So, is the Department going to support
    the new programs enacted by VAWA, and will you make sure that
    your budget shows that?
        Attorney General Garland. The answer is yes. I'm not sure
    which programs, I'd like to have our staffs talk about them,
    didn't make it in.
        Senator Leahy. Okay, I will, because we came together to
    get VAWA through the way we did. But I also want to make sure
    that we have the funding and that you have what you need there.
        And lastly, and I'll just submit this for the record,
    because I see my time is up, you recently issued Freedom of
    Information Act guidelines. And I'm pleased with that. But I'm
    concerned about the enforcement of it. So, I will also submit a
    letter for the record on that and appreciate your answer,
    Attorney General.
        [The information follows:]

        Clerk's Note: A question for the record on FOIA was submitted
    rather than an actual letter.

        Attorney General Garland. Thank you.
        Senator Shaheen. Thank you, Senator Leahy. Senator Collins.
        Senator Collins. Thank you, Madam Chair. Welcome, Mr.
    Attorney General. The administration has taken conflicting
    positions on whether or not the COVID pandemic constitutes a
    public health emergency. Could you please explain to the
    subcommittee how the Department can justify arguing in court
    that the pandemic has subsided enough to warrant the
    termination of Title 42, which will worsen the problem of tens
    of thousands of unvaccinated migrants illegally entering the
    county, while at the same time arguing in a separate case that
    the public health consequences are dire enough to warrant
    compelled mask usage by Americans on public transportation?
        Attorney General Garland. Yes. Thank you, Senator. It's
    just, I think, important to--for me to explain the role of the
    Justice Department, which is not to make judgments about the
    public health and, really, not to make judgments about policy
    in either of the two areas that you're--that you're raising,
    but rather to make determinations of whether the programs and
    requests of the agencies that are responsible for those are
    lawful.
        So, with respect to the mask mandate on the planes, I think
    this is quite transparent. The CDC announced its assessment
    that this was a program that continued to be necessary in the
    confines of airplanes and public transportation. The only
    question for us is, is that a lawful--and they asked us to
    appeal. The Solicitor General concluded it was lawful and so we
    have appealed.
        With respect to Title 42, it's the same analysis from our
    side, from the Justice Department's side. The only question
    here is the CDC's program. It's the--CDC's announcement and its
    assessment and we defend that program as long as it's lawful.
    We don't make the public health determinations that you're
    speaking of.
        Senator Collins. And I understand that. I think that the
    CDC has put the Justice Department in an untenable position of
    arguing one position in one case, and a completely conflicting
    position in another case. But I understand that you don't make
    the public health determination.
        Let me switch to another consequence of the uncontrolled
    southern border. In the year between September 2020 and
    September 2021, more than 104,000 Americans died from drug
    overdoses. In Maine, we set a horrific new record, 636 people
    died from drug overdoses. That was a 23 percent increase from
    the previous year. In 2021, the Maine Drug Enforcement Agency
    seized more than 10,000 grams of fentanyl. That's a 67 percent
    increase from the previous year. Just 3 months into this year,
    agents tell me that they have already seized half of last
    year's total.
        Law enforcement officials in Maine and elsewhere, tell me
    that these drugs are largely entering the United States through
    the southern border, where resources that could be targeting
    drug interdiction are instead being diverted to help with the
    influx of migrants illegally crossing the border. Do you agree
    that the government's inability to secure the southern border
    has lead to more drugs coming into our country?
        Attorney General Garland. Look, I--the opioid epidemic, and
    particularly the influx of fentanyl, is just horrifying and
    extraordinarily sad for the large numbers of Americans who are
    becoming addicted and who have become addicted. We--the job of
    the Justice Department is to fight the large-scale drug
    trafficking organizations that are bringing this money--these
    drugs into the country.
        And that's the reason we have asked for large increases for
    all of our anti-drug programs. The DEA has asked for a $102
    million increase, which is for a total of $3.1 billion, to
    fight the very issues that you're speaking of. The U.S.
    Marshal's Service has asked for $1 billion for drug trafficking
    fugitive capture. The U.S. Attorney's offices $106 million, the
    FBI $161 million, the Criminal Division $446.9 million,
    including regional opioid task forces, and the COPS grants. The
    money that we're giving includes the money for the anti-heroin
    and anti-meth task forces.
        So, we are doing--we are asking for all the money we can
    get, and we are not stopping here. As you no doubt know, I
    announced the indictment and extradition of the former
    President of Honduras to the United States to face justice for
    organizing drug trafficking coming out of the Northern
    Triangle. We will be persistent in that effort.
        Senator Collins. Thank you.
        Senator Moran. Senator Manchin.
        Senator Manchin. Thank you, Mr. Chairman. Thank you,
    Honorable Merrick Garland. I want to thank you for your
    continued support of public service. It's been wonderful and we
    appreciate very much your position.
        Let's start on voting rights. I've always believed that
    healthy democracy depends on a voting system that is
    accessible, free, fair, and secure. While history is going to
    tell us that we've come a long way in ensuring all individuals,
    regardless of their race, sex, or political affiliation have
    the ability to cast their vote, we can all agree that we still
    have a lot of work to do.
        I'm particularly concerned about the recent opinions and
    rulings that seem to undercut decades of established legal
    precedent under the Voting Rights Act. Specifically in
    February, a Federal district court in Arkansas ruled that only
    the U.S. Attorney General has standing to enforce Section 2 of
    the Voting Rights Act. The court found that it would be
    inappropriate to imply a private right of action to enforce
    Section 2 of the Voting Rights Act.
        So, your opinion on that, sir, with that interpretation?
    You agree, disagree, and what impact, if any, could this ruling
    have on voting rights, if this was adopted across the country.
        Attorney General Garland. Yes, very good question, Senator.
    On the first question, normally I don't, sort of, opine.
        Senator Manchin. I understand.
        Attorney General Garland. In this case, I've already
    opined, so I don't think it hurts any to do that. We have
    filed--across the country, in a number of these cases, we
    believe there is a private right of action to enforce the
    Voting Rights Act. It has always been assumed that that was the
    case, since the Act was passed in the mid-60s. No one has ever
    questioned it, I think, until this year.
        To the second point, the consequences of the Justice
    Department being the only one who can bring voting rights
    cases, I'm going to be blunt. You're going to have to give us a
    lot more money. If the Justice Department has to bring every
    single case to enforce voting rights, we're going to have--
        Senator Manchin. You know, the argument about that, sir--
    I'm sorry to interrupt you, but the argument about that--you
    hear the pros and cons on that. They're saying, well, there'd
    be too much litigation. That, you know--and if you had
    everybody being able to declare that they've been infringed
    upon. And we don't see that going any further than that. We're
    having all these discussions in our committees, but we're
    trying to get a clarity on that. But it seems like, to me, that
    the person has that right, but it hasn't been exercised if it's
    been frivolous. I haven't seen it go any further, so I don't
    know how it's been a strain on the court system.
        Attorney General Garland. So, I--you know, I haven't done
    an analysis of the court system, but this has been the rule
    that we've had all the way since the mid-60s. I've never heard
    any complaints that it is taxing the court system in any--
        Senator Manchin. Yes, we haven't either.
        Attorney General Garland. Any way.
        Senator Manchin. Sir, if I could switch a little bit on
    that, and that's very helpful. We're working on that. On the
    price gouging--we hear a lot about price gouging right now. And
    we saw that with a--when we first had the--when we first had
    COVID brought to our attention, horrible epidemic, back in May
    of 2020--March of 2020. We saw that with N95 masks, Clorox
    wipes, toilet paper at the beginning of the pandemic, and now,
    we're going to--we're seeing it again, this time with fuel
    prices and food prices and things of that sort. Should there be
    a criminal price gouging statute?
        Attorney General Garland. Well, this is a matter of huge
    debate and antitrust and economics. I'd like to hold off on
    that, but our staff would be happy to work with--
        Senator Manchin. Right now, what constitutes you all,
    basically, taking it under your surveillance, if you will,
    acceptable prices for scarce products? What constitutes the
    acceptable prices for scarce--
        Attorney General Garland. So--right--
        Senator Manchin. Market demands, things of this sort,
    global pricing.
        Attorney General Garland. So, for us, the questions are
    unlawful agreements to fix prices and exclusionary behavior by
    monopolists and near monopolists. So, if we're in either of
    those circumstances, if they exclude competition, that falls
    under the antitrust laws and, likewise, agreements on prices
    between competitors.
        Senator Manchin. And I want to follow up, also, on Senator
    Collins' concerns on the opioid epidemic. Myself and Senator
    Capito, in the State of West Virginia, we've been number one as
    far as getting slammed with this. Can you speak to the status
    of DOJ's current efforts to curtail the opioid crisis,
    including the Appalachian Regional Prescription Opioid, or what
    we call the ARPO Strikeforce?
        Attorney General Garland. Yes, so I think that's a--and I
    hope you agree, I think that's a very effective task force.
    That money is included in our request for funds. I think it--
    I'm not sure whether that's the one that comes under the Office
    of Justice programs or under the Criminal Division, but those
    task forces, both the meth and heroin ones that Senator Collins
    was concerned about the last time we spoke, and the opioid one
    that you're talking about--
        Senator Manchin. We need your support for that, sir.
        Attorney General Garland. We support, and we support
    expanding those and, if we get the money requested in the
    budget--
        Senator Manchin. Very quickly, I want to follow up with, I
    introduced the DEA Enforcement and Authority Act that would
    amend the immediate suspension order standard of review from a
    substantial likelihood of an immediate threat standard to a
    probable cause standard. That's, again, order standard of a
    review from a substantial likelihood of an immediate threat to
    a probable cause standard. So, what additional authorities do
    you believe DOJ or FBI need in order to effectively stop the
    flow of prescription opiates and other illegal drugs? Because
    the substantial likelihood is pretty darn broad and probable
    cause, we know exactly what their intent are.
        Attorney General Garland. So, I haven't been directly
    involved in the question of the standard here. Our Consumer
    Protection branch does the work on--
        Senator Manchin. If you could look--we have that piece of
    legislation. I think all of us have been--our States have been
    ravaged by this--
        Attorney General Garland. Yes.
        Senator Manchin. Horrible addiction that we have, and drugs
    continue to flow. It might give us a better chance to fight
    this opioid onslaught or drug onslaught. But if you could look
    into the language, if you all could support, that's the DEA--
    it's the Enforcement and Authority Act.
        Attorney General Garland. All right.
        Senator Moran. Senator Manchin, thank you.
        Attorney General Garland. We'll be happy to do that,
    Senator.
        Senator Moran. Senator Kennedy.
        Senator Kennedy. Thank you, Mr. Chairman. Thank you,
    General, for being here. Could you pull that mic closer to you,
    please, sir.
        Attorney General Garland. Oh, I'm sorry. Is that better?
    Yes.
        Senator Kennedy. Yes, sir. General, I think the Justice
    Department is losing. I think you're losing on crime. I think
    you're losing on drugs. I think you're losing on immigration. I
    think you're losing on Chinese espionage.
        Let me start with crime. What percentage of cops in America
    do you think are bad cops?
        Attorney General Garland. A very small percentage.
        Senator Kennedy. Like, how small?
        Attorney General Garland. I don't have a number. I think
    most police--
        Senator Kennedy. Well, you're the country's chief--one of
    the country's chief law enforcement officers.
        Attorney General Garland. Yes, but--
        Senator Kennedy. Is it less than 10 percent?
        Attorney General Garland. Yes. Let me just be clear. We
    believe that most police officers follow the Constitution in
    their practices. Most police departments do. And all police
    officers, I believe, want to work in police departments that
    follow constitutional policing requirements.
        Senator Kennedy. Is it less than 5 percent?
        Attorney General Garland. I don't have the numbers. I think
    it probably is, but again, I don't have any numbers for you.
        Senator Kennedy. Okay. Do you think most cops are racist?
        Attorney General Garland. No, I do not.
        Senator Kennedy. What percentage of cops do you think, in
    your judgment--I know you can't give me an exact figure--do you
    think are racist?
        Attorney General Garland. I'm sorry. I'm not resisting
    because I have a number that I can't give you. I just really--I
    don't have any way of making that valuation.
        Senator Kennedy. What's your gut tell you, less than 5
    percent?
        Attorney General Garland. One thing I've learned is to not
    give answers from my gut.
        Senator Kennedy. Right. Well, you think it's less than 5
    percent?
        Attorney General Garland. I don't know the answer. I'm
    sorry.
        Senator Kennedy. Okay. You don't know?
        Attorney General Garland. I don't know, no.
        Senator Kennedy. Okay. Why doesn't the Justice Department
    support ``Stop, Question, and Frisk''?
        Attorney General Garland. I'm not sure what--you mean,
    ``Stop and Frisk''? Is that what you mean?
        Senator Kennedy. Some call it ``Stop and Frisk''
    (indiscernible).
        Attorney General Garland. Yes, yes, look--yes, we--I don't
    know that the Justice Department has a position. This is a
    State and local role, normally. Look--
        Senator Kennedy. Do you think it works?
        Attorney General Garland. I'm sorry.
        Senator Kennedy. Do you think ``Stop, Question, and Frisk''
    works?
        Attorney General Garland. I think, in some circumstances it
    can work but, of course, it can be abused.
        Senator Kennedy. Right.
        Attorney General Garland. Yes.
        Senator Kennedy. What--but why doesn't the Justice
    Department aggressively encourage law enforcement officials to
    use that technique? It's been declared constitutional, as you
    know.
        Attorney General Garland. Yes, the Supreme Court has
    affirmed the constitutionality of ``Stop and Frisk''. That's--
    in the Terry case. That's exactly right. But we don't do--
    that--Federal Government doesn't do patrolling. This is work
    for patrol.
        Senator Kennedy. I know you don't, but this you're one of
    the country's chief law enforcement officials--maybe the
    chief--and what you say matters. And suppose--here's what I'm
    asking. Let's take Chicago, where you haven't--we haven't made
    any end roads in stopping the killing. I mean, Chicago is now
    the world's largest outdoor shooting range. We know that a lot
    of the shootings come from gangs. Why wouldn't you want to call
    the police chief and the mayor in Chicago and say, ``Look, you
    know who these gang members are. When you have reasonable
    suspicion, under Terry v. Ohio, an objective standard, more
    than just a hunch, why don't you aggressively stop, question,
    and frisk these gang members?'' You'll get guns off the street.
    You'll get drugs off the street. And you'll get a lot of gang
    members off the street, and you'll stop people killing each
    other. Why won't you do that?
        Attorney General Garland. The best way for the Federal
    Government to stop violent crime is to work at each local level
    and determine--and let the State and locals determine what the
    best use of their own resources is.
        Senator Kennedy. Judge, I'm sorry for interrupting you but
    I'm trying to get some answers.
        Attorney General Garland. You're--I'm sorry--
        Senator Kennedy. Why won't you do that? Just tell me why
    you won't do that.
        Attorney General Garland. Because--
        Senator Kennedy. Your opinion matters.
        Attorney General Garland. Because there is no one solution
    fits all that the Federal Government can suggest to State and
    local law enforcement. We believe State and local law
    enforcement knows best as to what to do there. We provide--
        Senator Kennedy. Well, it's not working.
        Attorney General Garland. We provide our technical
    expertise. We put lots of resources into joint task forces. We
    pick up--
        Senator Kennedy. Well, General, it's--I know I've got to
    shut this down. I've only got 15 seconds. Is that why you're
    asking, in the middle of a raging inflation, for 7 percent more
    money, $2.36 billion to provide technical increase--or
    technical advice? I mean, we're going backwards here on crime,
    General. You're the State's--or the country's chief law
    enforcement officer and you won't even answer my question about
    how you feel about ``Stop, Question, and Frisk''.
        Attorney General Garland. I think it--
        Senator Kennedy. Why should we give you more money?
        Attorney General Garland. I think it's a resource
    allocation issue for each local police department. I believe
    that the Justice Department does the best by putting the money
    that we're asking for as an increase in law enforcement that
    can assist the State and locals in the best way.
        Senator Kennedy. But, General, is that what we're supposed
    to tell the mothers of those kids getting killed in Chicago?
    ``You don't understand. It's a resource allocation issue.''
        Attorney General Garland. No, what you're supposed to tell
    the mothers in Chicago, and what I told them when I was there,
    was the Justice Department was there to provide all the
    resources that this subcommittee will give us, to stop violent
    crime.
        Senator Kennedy. But yet, you won't try--
        Attorney General Garland. The more resources you can give--
        Senator Kennedy. ``Stop, Question, and Frisk''.
        Attorney General Garland. That is a question for the State
    and the local--I'm sorry, for the State and local law
    enforcement.
        Senator Kennedy. I didn't go over as much as Manchin did,
    Madam Chair.
        Senator Moran. That's not the standard by which we judge
    behavior.
        Senator Kennedy. Thank you, General.
        Attorney General Garland. You're welcome.
        Senator Moran. Now, Senator Van Hollen.
        Senator Van Hollen. Thank you, Senator Moran, and welcome,
    Mr. Attorney General.
        Attorney General Garland. Thank you.
        Senator Van Hollen. I want to start with some thanks to you
    and President Biden and your team at the Justice Department for
    implementing something that many of us have pushed for a long
    time, which is a final rule with respect to ghost guns. These
    are, of course, are weapons. You can buy them over the Internet
    in pieces, quickly assemble them, and they shoot and kill
    people just like a regular firearm. But one major difference,
    they do not have serial numbers, which is why they're becoming
    more the weapon of choice by criminals in my State of Maryland,
    places like Baltimore City, and around the country.
        So, I want to applaud you for moving forward on that effort
    and, also, applaud the President for nominating a Director of
    ATF, Steven Dettelbach, a good candidate. I hope the Senate
    will confirm that nomination expeditiously. The ATF has gone
    headless for way too long, as you know. And we need a strong
    ATF to crack down on illegal gun trafficking, among other
    issues.
        As you know, you know, Congress has brought back
    congressionally-directed spending, so that we can try to target
    resources where our communities say they're needed the most.
    And Senator Cardin and I worked with this Committee to channel
    important resources to address the really serious violent crime
    problem in Baltimore City. And there's no one solution, but we
    provided a series of resources for community-based crime
    violent prevention programs, community policing.
        So, my question to you, Mr. Attorney General, Baltimore
    City's waiting on those funds. How quickly can we get them? Can
    you give us your commitment that you can get those out the door
    quickly?
        Attorney General Garland. If you give us the money, we can
    get them out the door quickly. You know, an important part of
    our ability to fight violent crime in Baltimore and other
    locations, where it is a very serious problem, is having more
    Assistant U.S. Attorneys to prosecute these cases. The Federal
    Government has stronger--
        Senator Van Hollen. So, Mr. Attorney General, just one
    clarification here. So, I'm talking about, in this question,
    monies we've already have appropriated. These are monies that
    we've provided. They're in the custody of either the Department
    of Justice or Treasure, and we'd just--
        Attorney General Garland. I see. I see.
        Senator Van Hollen. Like to get the money out the door.
        Attorney General Garland. What we will do--as far as I
    know, that--our priority is to get the money out the door. It
    doesn't do us any good to keep it in main Justice, I assure
    you.
        Senator Van Hollen. Yes.
        Attorney General Garland. So, if--
        Senator Van Hollen. Well, we'd like--we'd like to encourage
    your team to get it out because it is a serious situation
    there.
        Now, to the broader issue you're raising, with respect to
    resources for the U.S. Attorney in Maryland, for the ATF in
    Maryland, for U.S. Marshal Service in Maryland, we have seen
    some increases over the last couple years. And I want to thank
    you and your Deputy Attorney General Monaco, who's had a
    serious of phone calls with Senator Cardin and myself. But can
    you--we do need more resources. I mean, we have a very serious
    problem in Baltimore City. And we do have good cooperation
    between the Federal Government, State and local jurisdictions.
        But can you talk about, specifically, how resources you're
    requesting here can strengthen our ability to get more
    resources to Baltimore City?
        Attorney General Garland. Yes, so, through no fault of this
    Subcommittee, we did not get the amount of money for the United
    States Attorneys that was in the budget request, and it was in
    the marks of the Subcommittee as a consequence of the omnibus.
    We received $120 million less than the fiscal year 2022
    request. So, for that reason, we're asking for increases for
    the U.S. Attorney's offices, to allow us to hire 157 more
    Assistant U.S. Attorneys. Obviously, the more Assistant U.S.
    Attorneys we have, the easier it is to allocate them around the
    country to the places that are in need.
        Same is true with respect to ATF. We're asking for an
    increase of 122 agents. Again, the more that we have, the more
    we're able to expand the locations in which we can put people.
        Senator Van Hollen. Thank you, Mr.--I look forward to
    supporting that budget request for the reasons you've laid out.
    I hope the Committee will as well.
        My final--I just have a statement here, Mr. Attorney
    General. The Congress, on a bipartisan basis, has recognized
    that the FBI needs a new consolidated headquarters that meets
    its security requirements. And before the previous
    administration, three sites had been located. And in the last
    bill passed by the Congress, Appropriations Bill, we directed
    the General Services Administration to select one of those
    three earlier identified sites for the new fully consolidated
    FBI Headquarters. So, as the chief law enforcement officer, we
    expect you to work with us to make sure that the law is
    followed, and I'm confident that you will do that.
        Thank you. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Van Hollen. Senator
    Hagerty.
        Senator Hagerty. Thank you, Senator Shaheen, and thank you,
    Ranking Member Moran, for holding this hearing. Thank you,
    Attorney General, for being back with us today.
        I want to touch on something that's a great concern to my
    constituents and I think, frankly, to the confidence of many
    people in our system that you control, through the Department
    of Justice, and that's the matter of the Hunter Biden
    investigation. It received a great deal of press, but I want to
    ask you a bit about how the communications have worked, within
    your Department, with the White House, on this.
        First, have you been briefed on the Hunter Biden
    investigation yourself, General Garland.
        Attorney General Garland. So, the Hunter Biden
    investigation, as I said even in my own nomination confirmation
    hearing, is being run by and supervised by the United States
    Attorney for the District of Delaware. He's--
        Senator Hagerty. I'm aware of that, but he reports to you.
        Attorney General Garland. He is supervising the
    investigation and I'm--you know, I'm not at liberty to talk
    about internal Justice Department deliberations. But he is in
    charge of that investigation. There will not be interference of
    any political or improper kind.
        Senator Hagerty. And are any senior officials in your
    Department being briefed or--
        Attorney General Garland. Again, he is the supervisor of
    this investigation and, you know, the normal processes of the
    Department occur. But he is the supervisor of this
    investigation.
        Senator Hagerty. Well, if you won't be able to say whether
    there have been communications there, I'd like for you to tell
    me--or answer this question, if you would. Would you think it
    would be appropriate for the President of the United States to
    call you into the Oval Office and tell you that his son didn't
    break the law regarding this matter?
        Attorney General Garland. Absolutely not. And the President
    has not done that, and the President has committed not to
    interfere, not only in that investigation, but any other kind
    of--
        Senator Hagerty. Well, I agree with you, but--
        Attorney General Garland. Investigation.
        Senator Hagerty. But--but I do wonder this, then, why the
    President is resorting to TV and having his surrogates go on TV
    to say just that message. Earlier this month, White House Chief
    Of Staff Ron Klain stated on national television that, ``The
    President is confident that his son didn't break the law''. And
    the White House Communications Director said that, ``President
    Biden maintains his position that his son did nothing that was
    unethical''. This was on national television.
        The President's already told his subordinates, clearly,
    these are people that he can fire at will, that he and his
    family did nothing wrong. How can the American people be
    confident that his administration is conducting a serious
    investigation?
        Attorney General Garland. Because we put the investigation
    in the hands of a Trump appointee, from the previous
    administration, who's the United States Attorney for the
    District of Delaware. And because you have me as the Attorney
    General, who is committed to the independence of the Justice
    Department, from any influence from the White House, in
    criminal matters.
        Senator Hagerty. Well, I think the observation here is
    terribly critical because there's an obvious conflict of
    interest here, because of those who are investigating the Biden
    family and their enterprise can be fired by the head of the
    family who's being investigated. That is Joe Biden can fire the
    attorney general in Delaware. He can have an impact on all of
    your staffing.
        And I want to ask you this. Under what circumstances do you
    consider, or how do you evaluate whether you would appoint a
    special counsel?
        Attorney General Garland. I think this is a fact and law
    question in each case, determining--depending upon how cases go
    forward and a question of whether the Justice Department, with
    its normal processes, should continue. I want to be clear,
    though, special counsels are also employees of the Justice
    Department. We don't have an independent counsel statute
    anymore. Both the Democrats and the Republicans experimented
    with this, and I think, probably in the end, neither side liked
    it. And that's why we ended with the law not being
    reauthorized. But in any event, the special counsel is also an
    employee of the Justice Department.
        Senator Hagerty. Have you had any consideration about
    whether to do this, or--
        Attorney General Garland. Again, I think our internal
    deliberations have to stay within the Department.
        Senator Hagerty. Again, I'll just restate that there's an
    obvious conflict there that raises concerns amongst my
    constituents.
        I'd like to turn to some public evidence, though. There are
    emails and photographs that show that President Biden, while he
    was Vice President, met several of Hunter Biden's business
    associates, including a Burisma executive--that's the energy
    company that paid Hunter Biden $1 million per year to sit on
    its Board--and a Russian billionaire, who paid Hunter's firm
    $3.5 million, around the same time. All of this is while
    President Biden was running portions of the United States
    Foreign Policy, including Ukraine.
        There's evidence that Hunter Biden paid for Joe Biden's
    living expenses while he was Vice President. A Hunter Biden
    email from 2010, entitled ``JRB Bills'', Joe R. Biden Bills,
    discusses paying for the upkeep of Joe Biden's large lakefront
    home.
        There's another 2010 email from a Biden confidante to
    Hunter Biden saying, ``Your dad just called me. He could use
    some positive news about his future earnings potential.'' To
    me, this suggests that Joe Biden's $231,000--his taxpayer
    funded salary--and lifestyle as Vice President of the United
    States weren't enough to support his lifestyle. That same
    confidante of--and, also, Hunter Biden's business partner, made
    nine visits to the White House between 2009 and 2013, and met
    with Joe Biden in the West Wing, while Joe Biden was Vice
    President.
        And we have a text message from Hunter Biden to his
    daughter, stating that, ``Don't worry. Unlike Pop--'', meaning
    Joe Biden, ``I won't make you give me half your salary''.
        So, it seems President Biden was serving as Vice President
    and running U.S. Foreign Policy, at the same time that his son,
    Hunter Biden, was raking in money from shady foreign business
    deals. And this was money that was being diverted to benefit
    Vice President Biden.
        So, General Garland, do you have any reason to dispute the
    evidence that indicates that President Biden was involved with,
    and using money from, Hunter Biden's business deals?
        Attorney General Garland. Senator, following the long-
    standing rule of the Justice Department, we don't discuss
    investigations or evidence that may or may not be relevant to
    investigations. That's a matter for the United States
    Attorney's office that's investigating the case.
        Senator Hagerty. Well that's great--thank you.
        Senator Shaheen. Thank you, Senator.
        Senator Shaheen. Attorney General Garland has requested a
    break at 11:15. So, what we are going to try and do is to get
    Senator Schatz and Senator Capito in and then, we will break--
    have a 10-minute break, and then, we will take up the rest of
    the questions. Senator Schatz.
        Senator Schatz. Thank you very much, Chair Shaheen, and
    Vice Chair Moran. Attorney General, thank you for being here.
        I have--I'm going to try to get through five questions. So,
    if I can have quick answers, that'd be great.
        What, if any--
        Attorney General Garland. I'll try to talk fast.
        Senator Schatz. Are the DOJ's plans to reinstate Federal
    prosecutorial discretion for non-interference in States,
    territories, and tribes where marijuana is legal?
        Attorney General Garland. So, as I understand our role,
    with respect there, it's really the same as it is with respect
    to States. You're talking about marijuana prosecutions--
        Senator Schatz. Yes.
        Attorney General Garland. Right. And I think I--you know, I
    laid this out, actually, also, in my confirmation hearing and
    my view hasn't really changed since then. And that is that the
    Justice Department has almost never prosecuted use of marijuana
    and it's not going to be--it's not--that's not an efficient use
    of the resources given the opioid and methamphetamine epidemic
    that we have.
        Senator Schatz. That's good enough for me. Let's move on.
        Attorney General Garland. Okay.
        Senator Schatz. I want to talk a little bit about PREA
    oversight. There have been a number of recent sexual abuses
    case at FCI Dublin and other Federal prisons across the
    country. What's the Department going to do to address these
    PREA violations?
        Attorney General Garland. Yes, so, this is a, you know,
    another really terrible set of events. We have prosecuted a
    number of the individuals responsible now, at Dublin, for this.
    We have put into place a new warden at Dublin, I think, within
    the last three weeks. We've--the Deputy Attorney General has
    set up a task force to investigate and determine what the
    procedural failures here were, and how these kind of failures
    can be prevented in the future. And the matter's been referred
    to the Inspector General for an internal investigation.
        Senator Schatz. Thank you. Will the DOJ at least consider--
    I don't want you to commit to it now, but consider supporting
    the reestablishment of an interagency law enforcement equipment
    working group to oversee and provide recommendations for
    Federal programs, that include the transfers or sales of
    controlled equipment to law enforcement? We know this issue
    comes up periodically. This is a space where this can be done
    intelligently. I think we've seen the various--1033 and other
    programs, where equipment is transferred to local departments,
    and it can be very useful, or it can be overkill. And the point
    of a working group like this is to, sort of, sus out what
    departments need and what seems to be over arming local police
    forces.
        Attorney General Garland. I appreciate your not asking for
    a commitment, but of course, any consideration of that issue
    requires interagency discussion, because some of the equipment
    you're talking about is Defense Department equipment. So,
    certainly, I would be happy to consider that.
        Senator Schatz. This is a Hawaii-specific question. We
    don't have a halfway house in Hawaii, since October of 2019.
    So, does the Department have an interim or emergency set of
    measures to ensure that Hawaii's halfway house eligible
    individuals still have access to services?
        Attorney General Garland. Yes, so, as you know, Senator, I
    think we have discussed this before. We've had--the Bureau of
    Prisons has had problems expanding a residential re-entry
    center in Hawaii, for a number of reasons, not the least of
    which is the providers are very scarce. BOP, I understand, has
    made progress on a day reporting center contract and hopes to
    make an award within the next few months.
        Senator Schatz. Great. Final question, easy one. What is
    your position on clemency for Leonard Peltier?
        Attorney General Garland. So, this is a matter that goes
    into--applications go to the Pardon Attorney. The Pardon
    Attorney makes recommendations through the Deputy Attorney
    General to the President. And so, I'm not going to comment on
    that, now.
        Senator Schatz. Can you comment on where we are in the
    process?
        Attorney General Garland. I don't--I assume, but don't
    know, that an application has been made. I actually don't even
    know whether--I mean, I've read about this in the press, so I
    don't know anything more about it than what I've read in the
    press.
        Senator Schatz. And this doesn't cross your desk?
        Attorney General Garland. Certainly not as an initial, or
    even secondary, matter. This goes to the Pardon Attorney and
    then, the Deputy Attorney General. I'm not saying I wouldn't be
    involved, but it certainly has not crossed my desk.
        Senator Schatz. Thank you very much.
        Senator Shaheen. Thank you, Senator Schatz. Senator Capito.
        Senator Capito. Thank you, Madam Chair, Ranking Member, and
    thank you, Mr. Attorney General, for being with us today.
        I'm not going to ask you a question on this. I just wanted
    to begin with expressing my deep concern about the flow of
    fentanyl into the country, from the southern border. Senator
    Manchin mentioned West Virginia's at the tip of the spear, as
    you know. Senator Collins brought this up as a big issue. We've
    had meetings over the last two weeks, being at home, and
    fentanyl is the killer. I mean, it is what's coming up through
    the southern border. So, I would impress upon you how
    absolutely critical it is that the situation at the southern
    border has got to get better. I understand the demand side is
    what's driving this, in a lot of ways. But if we can cut the
    supply, I think we can cut a lot of tragedy out of a lot of
    people's lives. And I know you understand that, as well.
        Let me ask a question. According to--over the pandemic,
    we've seen a significant increase in first-time gun owners,
    with almost 60 percent increase in African-American gun owners,
    50 percent increase in Hispanic gun owners, 43 percent in
    Asian-American gun owners. I guess I would ask you if you have
    a perception as to why this is. But the reason I'm asking the
    question, and I'm interested in it, of course I want to see our
    Second Amendment rights protected, but also, the NICS system,
    which runs the background checks, goes through West Virginia,
    as you know.
        So, do you have a--any kind of perception as to why gun
    ownership is up among different groups and, during the
    pandemic? I know it's been bigger in all groups. What would you
    attribute that to? And what kind of strain is this having on
    our NICS system?
        Attorney General Garland. So, I don't know the answer, I'm
    sorry, to the first question. This is the kind of analysis that
    I, you know, can't make up and I can't even guess at. I don't
    know what the causes are.
        The second question I can answer. You know, the more gun
    sales, the more difficult it is for the NICS system, but that's
    the job of the NICS system. So, that's why we're asking for an
    increase in $6.2 million for the NICS system, in the
    President's budget here, to take into account the increase in
    the number of sales.
        Senator Capito. Right. And they can certainly use it. And
    we know we want accurate records, we want good records, and, I
    mean, they're working 24/7, as you know.
        Recently, FBI Director Christopher Wray stated, during an
    interview, that there is a 59 percent increase in police
    officer killings. That is, officers being killed at a rate of
    almost one every five days. This is alarming to me. We had one
    of these incidences in our hometown. It's occurring at ambushes
    and attacks. You're asking for more money in $30 billion in
    mandatory spending for law enforcement help. What are you
    looking at, in this area, to protect--I know hiring is an
    issue, but protecting our force? And this is very concerning to
    me.
        Attorney General Garland. Well, it's extraordinarily
    concerning to me and to all of the 120,000 members of the
    Justice Department, most of whom are involved in law
    enforcement. So, these are our brothers and sisters who are,
    sometimes being targeted directly, sometimes being killed in
    the line of duty, and sometimes, as a consequence of suicide.
    So, we have an overall task force involved in investigating
    threats, which includes, in particular, threats against law
    enforcement and local police.
        Senator Capito. Are you seeing the threats go up?
        Attorney General Garland. Yes, extraordinarily so. And
    you're right about--I think what--I don't know the number that
    Director Wray cited, but I'm--it sounds exactly right to me.
    The number is extremely worrying.
        Senator Capito. Well, I'd like to see the focus of some of
    this new funding go into this precise issue. The suicide issue,
    obviously, is something that's deeply troubling, as well. I
    think a lot of it is the lack of respect for law enforcement in
    certain areas of the country, around the country. We're having
    trouble hiring in. We tried to do--we tried to do reform,
    couldn't get it across the finish line to try to help our local
    law enforcement recruit, train, you know, do bias training, and
    all kinds of things that we see are issues within our police
    department. But I'm very, very concerned about this.
        Let me ask you another question. I noticed in your
    statement that you're going to create a division to combat
    climate crisis. The reason I'm interested in this is, I'm on
    the EPW Committee. I'm the Ranking Member there. There is a lot
    of enforcement at EPA and other places on environmental
    justice. You're going to create a new Office for Environmental
    Justice. I mean, are these directives coming from the White
    House? Why now, and why, with all of the other efforts that are
    going on, throughout all the different Cabinet positions in the
    government, is this something that you're putting a high
    priority on, right now?
        Attorney General Garland. So, I think you rightly noted,
    it's not a division. It's an office within an already existing
    Environment Division. The reason is that there are
    responsibilities, both in the Environment and Natural Resources
    Division and in the Civil Rights Division, and so, coordination
    on the environmental justice issue is required.
        Senator Capito. Is that not being handled in other areas?
    Like, for instance, in the EPA Enforcement, in their
    Environmental Justice Office.
        Attorney General Garland. Well, to be honest, I don't know
    about their Environmental Justice Office. But we have a Civil
    Rights Division, which does prosecutions for civil rights
    violations. We have the Environment and Natural Resources
    Division, which does the affirmative cases. And we wanted to
    have some coordination between the two, that's the reason for
    having this office.
        Senator Capito. Well, thank you. I think I've mentioned
    about three things I would put in front of this. And thank you
    so much.
        Attorney General Garland. Thank you.
        Senator Shaheen. Thank you, Senator Capito. We will now
    take a break. We will reconvene at 11:30.
        Attorney General Garland. Thank you.
        Senator Shaheen. Thank you.
        [Recess]
        Senator Shaheen. This hearing will come back to order, and
    I will call on Senator Murkowski who is next.
        Senator Murkowski. Thank you, Madam Chair. Mr. Attorney
    General, welcome. Before I begin asking my questions, I wanted
    to note that, when Senator Leahy was asking you about the VOCA
    Fix, know that that's something that we're monitoring very,
    very, very carefully. We worked hard to make sure that we had
    $5 million for the Victim's Service Organizations in Alaska, to
    help. That was a real panic cry that we heard from the State.
    And I am concerned--Senator Leahy has emphasized making this a
    priority, but I want to make sure that we're not in a situation
    where we're looking again, realizing we're not measuring up
    here. There's a gap. So, if there is any kind of alternative
    funding line items to ensure that our victims' organizations
    are able to receive this, I certainly hope that the Department
    is looking at that.
        And he also raised an issue with regard to some of the new
    grant programs in VAWA that, for reasons known or unknown, have
    not been reflected in the President's budget. And you
    indicated, you know, you weren't sure that those might be. Some
    of the ones that we have looked at are those grant programs,
    the new grant programs focused on expanding access to SANEs, as
    well as to medical forensic examinations. So, my hope is that--
    is that this was just a matter of timing, not a deliberate
    choice to overlook those very important programs, certainly in
    rural States like Alaska. So, I just underscore that when
    Senator Leahy raises these issues, I am right there with him.
        So, to the issue of VAWA. And as you know, this was
    something that I've been working on for a long period of time
    and was very pleased that we were able to advance this, get it
    signed into law, contained within the VAWA reauthorization is
    the Tribal title, the Alaska Public Safety Empowerment Pilot.
    What we're really trying to do here, is to be able to provide a
    level of justice in areas in my State, where they simply have
    none. We want to get to these remote, rural villages, not
    necessarily those on the road system.
        What we want to do is supplement, basically, the work that
    the State is doing, with regard to public safety. We're not
    creating Indian country. We're not taking jurisdiction away
    from the State. But as you know, the Attorney General, in
    consultation with the Secretary of Interior, is directed to
    establish a process to designate those Indian Tribes that can
    participate in the pilot. So, the question to you this morning
    is, what do you anticipate, in terms of the Department of
    Justice plan to begin this process? How do you see this moving
    forward?
        We also direct the creation of an Alaska Tribal Public
    Safety Advisory Committee, not later than a year. So, I'm just
    asking this morning, if you can share how the President's
    budget will support the Alaska Public Safety Empowerment Pilot,
    as well as the Public Safety Advisory Committee.
        Attorney General Garland. Yes. So, I'm very grateful for
    everything that you did, with respect to getting VAWA
    reauthorized. Of course, the Justice Department has been full
    on in support of this all along. So, we are a lock step on
    this. We support the pilot program. We think it's an important
    ability of authority to bring these and to prosecute these and
    investigate these matters. We can't just leave them undone.
        So, I'm very eager to get the pilot going, to get the
    villages decided. Likewise with the commission. So, I don't see
    any reason why we won't be able to be on time on our marks for
    this.
        Senator Murkowski. Well, know that we would like to be
    working with you to understand what those timelines are to help
    with the expectations of folks back home.
        Last question for you relates to the Bureau of Prisons.
    Currently, Alaska does not have any Federal facilities to house
    our Federal inmate population within the State. We have seen
    considerable growth over the years. The number of Federal
    inmates has grown from just a few hundred to over 1,000. And
    what happens then, is many of these individuals are sent to
    serve their sentences at facilities outside the State,
    sometimes 2 to 5,000 miles away from their homes.
        I have sent you a letter--sent it back in March of this
    year, asking that you consider working with the Bureau of
    Prisons to conduct a new feasibility study. It hasn't been done
    for a period of time. It was, apparently, about two decades
    ago. A lot has changed in Alaska since then. But I would ask
    that you look at this. We've not heard a response back, so if
    you can take a look at this and, again, try to work with us on
    a new feasibility study. But also, working with the Bureau of
    Prisons to obtain additional halfway house bed space in Alaska.
    Currently, we have only 39 beds for the entire State of Alaska.
    All of them are located in Anchorage. So, if you could,
    perhaps, follow up with me on those two asks, it would be
    greatly appreciated.
        Attorney General Garland. I would be happy to have our team
    speak to yours, or the two of us speak directly. I'd be very
    happy to.
        Senator Murkowski. Very good. Thank you. Thank you, Madam
    Chair.
        Senator Shaheen. Thank you, Senator Murkowski. Senator
    Braun.
        Senator Braun. Thank you, Madam Chair. As I was going to
    another Committee hearing, and I just talked to Madam Chair--we
    had three of them at the same time today. Seems like we could
    organize ourselves a little better.
        I was listening to your conversation with Senator Hagerty,
    and I did not hear the end result. And I'm assuming he probably
    asked, do we need a special prosecutor to look into the Hunter
    Biden, you know, affair. Do you think we need to, and I would
    then have one follow up question to that? So, do we need a
    special prosecutor to look into that?
        Attorney General Garland. So, as you know, the
    investigation is being run and supervised by the United States
    Attorney in Delaware, who is an appointee of the previous
    administration, and continues on as the United States Attorney.
    The question of whether to have a special counsel is one that--
    it's an internal decision making in the Department, so I don't
    want to make any judgments one way or the other. But I'm quite
    comfortable with the United States Attorney for that district
    continuing in the role that he's playing.
        Senator Braun. So, a follow up question to that would be,
    of course Special Prosecutor Counsel Mueller, you know, was
    assigned in that whole Steele dossier issue, which now has been
    debunked. If you had been in that capacity then, do you think a
    special counsel was needed there, as well?
        Attorney General Garland. It's hard to put myself back into
    that circumstances. And then, of course, there would be a
    different--for me to be in that position, there would've been a
    different president. So, I'm not sure I can answer that
    hypothetical.
        Senator Braun. Well, it's obvious that that would be a
    question that many would wonder about, in terms of what that
    standard is, what that consistency is. And it seems like it
    would be the same from one administration to the next.
        Got a question that really is probably more pertinent, in
    the sense that what's happening on our southern border is
    confusing, in the sense that the administration says we don't
    have enough resources. It's done things, from the beginning,
    that has--I was down there with 17 other senators, roughly a
    year ago. And to give you a description of the immensity, it
    had gone from record low illegal crossings--and I'm one that
    believes we need to secure the border and roll our sleeves up
    and fix all the issues associated with it. We were--had risen
    from, I think, 40,000 to 70,000. This last month, it was
    212,000. I think 60-some thousand got away. I mean, it has
    exploded beyond anybody's imagination. I think self-induced.
        And then, there are conflicting statements that part of
    it's due to not having enough resources. Are we resourced at
    the border, properly? And that would be how we address any
    illegal crossings. That seems to be delegated to lower levels
    of authority. Isn't that confusing? And in light of the issue,
    in terms of where it's at, do we to do something differently?
    And does your office need to be outspoken about trying to fix
    it?
        Attorney General Garland. So, I want to be careful about
    explaining what our role is, because we do need more resources.
    I think most of the resources you're referring to are
    Department of Homeland Security resources. So, I'll leave that
    for that Secretary to express what they need. But we have asked
    for $1.35 billion for our immigration courts, $1 billion of
    which is to reduce the immigration court backlog. So, the thing
    that's our job is to run the immigration courts after we get
    referrals from DHS.
        So, we have already onboarded everyone we can, as
    immigration judges. We asked, in fiscal year 2022, for 100
    more. Again, no fault of this Committee, because you gave us
    the right mark. But as a consequence of the Omnibus, that was
    not funded. So, we're asking for 200 new immigration judge
    teams, a total of 1,200 new staff for that purpose. That's
    the--we've also asked for money for a virtual court initiative,
    so that we can run these court proceedings more efficiently and
    more effectively and from whatever area. If we get the
    additional immigration judges, we will move them to the border.
    We're already going to be moving them to the border, as it is.
        Senator Braun. And can you describe what your request is,
    compared to what it was in prior years? What magnitude of
    difference?
        Attorney General Garland. So, yes. It's an additional 1,200
    staff for--
        Senator Braun. In addition to how much before, so we can--
        Attorney General Garland. It will bring us to a total of
    834 IJs. The staff includes all their clerks, etc. So, with 200
    more we'll get to 834. So, 834 minus 200 is 634 was what we had
    before.
        Senator Braun. And just with the arithmetic I put out there
    earlier, the problem has quadrupled--
        Attorney General Garland. Yes.
        Senator Braun. Or quintupled. So, it would beg the
    question, are we putting enough resources to it, or is it, kind
    of, lip service because we know it's become a big issue? I
    would advise, maybe, that might not be adequate, given the
    magnitude of the current problem, it's still predicted to go up
    by even 50 percent more.
        Attorney General Garland. So, that's a fair question,
    Senator. Of course, we didn't get what we asked for the last
    time, so we're trying to be realistic about what we can ask
    for. But resources are not the only thing we're doing. We've
    also adopted a new asylum officer rule with DHS, so that asylum
    decisions are made by the asylum officers, not by the IJs. So,
    they--IJ is immigration judges. So, they won't have to do that.
    And then, if there are denials, there will be a streamlined
    process, which should reduce the amount of time from current 4
    years to 6 months. We also have a dedicated dockets, in order
    to be able to better distribute the work among our IJs.
        So, it's a combination of things. We want more resources
    and we're trying to streamline the whole process and put more
    of the work--
        Senator Braun. I don't think in the--
        Senator Shaheen. Thank you, Senator Braun.
        Senator Braun. Okay, thank you.
        Attorney General Garland. I'm sorry.
        Senator Shaheen. I know that Senator Moran and I both have
    a second round of questions that we would like to do. It's not
    clear that anyone else is interested. I don't know, Senator
    Braun, if you also have another round. But mine are relatively
    brief, so I will go ahead.
        You were discussing with Senator Capito the horrific issue
    of police being targeted and, also, suicides. As I'm sure
    you're aware, there's no comprehensive national data collection
    regarding police suicides. So, in fiscal year 2020, we directed
    the Bureau of Justice Statistics to maintain a data set and
    report on police suicides for Federal, State, and local law
    enforcement. Unfortunately, BJS has not moved forward on
    collecting this data. We've provided stronger directives, as
    well as $3 million for that data collection effort, in the
    fiscal year 2021 bill, but still nothing.
        So, were you aware of the delays with this project? And
    what can we do to try and collect this data? Because it's, as
    you know, it's really critical to figuring out how we respond.
    We need to have information so we can think about what we can
    do to address what is becoming more and more of a challenge
    nationwide.
        Attorney General Garland. I am aware. I understand that BJS
    will be submitting its report within the next couple of months.
    I'm not sure exactly how many months is it? In about 8 weeks
    I'll have an update for you on this--on where they are on this.
        Senator Shaheen. Good. Well, I look forward to getting
    that. And we've had--sadly, we've had some high-profile
    suicides in New Hampshire. And I also look forward to working
    with the Department on what we can do to address the challenge
    of suicide within our law enforcement agencies. So, thank you.
    I'm pleased to hear that we should expect something soon.
        Unfortunately, I missed a couple of the discussions around
    what's happening with fentanyl, because I had to step out. But
    I know that on Thursday, the administration released their
    National Drug Control Strategy. Like so many States, New
    Hampshire is one that has had way too many overdose deaths
    because of fentanyl. And I wondered if you could give us a
    little insight into how resources are being shifted within the
    Department to respond to that strategy and how that might
    impact small States, like New Hampshire, which are struggling
    with this challenge?
        Attorney General Garland. Yes, so of course--there--we have
    been involved in the development of the strategy in its most
    simple form. There's two sides to this. There's the enforcement
    against the drug trafficking organizations and there's the
    health challenges for those who are addicted, to try to get
    them off of the addiction and to take care of them.
        So, on the drug trafficking side, you know, we're asking
    for $9.8 billion across DOJ, to counter drug trafficking. The
    principal agency for us, of course, is the DEA, for $3.1
    billion, which is a $102 million increase for countering drugs.
    Fentanyl's at the very top of the list of the concerns. When I
    was at the border, I saw the same problems that everybody else
    is reporting of. These are very tiny pills, and as the DEA
    administrator makes clear, one pill can kill. And the odds--you
    know, it's like playing Russian Roulette because some of these
    pills are overdose pills. So, that's an extraordinary part of
    what we're doing.
        We've asked for money for Marshals and for the U.S.
    Attorneys and for the FBI. The FBI is particularly targeting
    fentanyl and opioid trafficking on the dark web. And as we
    announced within the last two weeks, we took down the largest
    dark web drug marketplace, to prevent the way in which some
    people are getting it, which is online, at this point.
        So, there's a number of different things here. Criminal
    Division has money in the budget for the Regional Opioid Strike
    Forces. And then, there are COPS grants, under the COPS
    program, for anti-heroin and anti-meth task forces. So, that's
    on the enforcement side.
        On the overdose/addiction side, we've asked for $418
    million for the Comprehensive Addiction and Recovery, the CARA
    Act grants. We've asked for $190 million for the COSSAP
    program. That's Comprehensive Opioid Stimulant and Substance
    Abuse grants. And another $75 million for mental health and
    substance use grants. Money for drug courts, $95 million for
    veterans' treatment courts, and for our Consumer Protection
    Branch, which tries to stop those who are oversubscribing and
    improperly overdispensing opioids.
        So, it's a--you know, it's a two-pillar issue here for us.
    I can't think of anything more important or anything more
    tragic than what fentanyl is doing to the American people.
        Senator Shaheen. Well, thank you. I certainly agree with
    that and hope that, as the strategy is rolled out that,
    considerable thought will be given to rural parts of the
    country and small States, like New Hampshire, which may appear
    positively on lots of scales, with respect to income level and
    resources, but in fact, have been very hard hit and really need
    help.
        Thank you very much. Senator Moran.
        Senator Moran. Chairwoman, thank you. General, thank you
    for your presence today.
        Just a couple more questions, perhaps a follow-up to a
    couple of my colleagues questions. But first of all, I'd like
    to start with Title 42 and your conversation with Senator
    Braun. I think your answer to him was more prospectively might
    transpire and the need for additional resources in the future.
        I would like to highlight or focus on this year, your
    budget request that's in front of us now. I know there's some
    uncertainty with a Federal judge in New Orleans and a decision,
    but it seems to me that--my view, this is a pretty reckless
    decision because the estimates are about 14,000 migrants could
    begin crossing the border per day, after Title 42 ends on May
    the 23rd. That has to have enormous resource consequences for
    the Federal Government. I think Homeland Security is already
    talking about additional--running out of money and needing
    additional dollars. ICE and Border Patrol, it's estimated,
    could be out of funds by July of this year.
        What about the impact on DOJ components, Marshals,
    immigration courts, U.S. Attorney's offices? Have you prepared
    any estimates, has the Department prepared estimates, as to
    what the increasing expenditures may be this year, unaccounted
    for in your budget request?
        Attorney General Garland. I don't know that we have. I
    don't think we have those numbers now, but we can--I think our
    staff can work with yours. There's no question that there will
    be an increase in U.S. Attorney resources needed along the
    southern border. We've hired, with respect to the IJs, as I was
    telling Senator Braun, we've hired all the way up, under the
    current appropriations. So, without more we won't be able to
    increase the numbers. We are doing everything we can to
    streamline the system and to move people, the IJs, to the
    borders to assist there. But look, we're always happy for more
    money and I'll be happy to have our staff speak with the
    subcommittee's staff about that.
        Senator Moran. Well, General, I mean, the crux of my
    conversation with you earlier in today's hearing, generally
    revolved around violent crime. And my view is that consequence
    of what the administration is determined to do, with Section
    42, can't be compensated for by removing resources going to
    fight violent crime. The border and violent crime are clearly
    related, significantly related, but you--
        I remember visiting the border and what stood out to me is
    that, when we were housing the juveniles on the border, 40
    percent of the border patrol agents were then in the housing
    business, not in the border patrol business. And I think
    there's an analogy there of something the Department of Justice
    must avoid, which is to take resources away from something that
    is a crisis already, to address the crisis that is going to
    occur with the removal of 42. Does that make sense?
        Attorney General Garland. Yes, and I assure you we don't
    want to remove the money that we need to fight violent crime to
    put it anywhere else.
        Senator Moran. Has the Department either volunteered or
    been tasked with providing DOJ personnel to support DHS during
    this crisis?
        Attorney General Garland. I don't know what the--
        Senator Moran. U.S. Marshals.
        Attorney General Garland. Well, yes. But to be clear, we
    don't do border patrolling. None of our law enforcement is able
    to do--is trained for that, or anything else. The Bureau of
    Prisons is going to make buses available and--for the transfers
    that the Border Patrol needs assistance for. And the Marshal
    Service is going to be providing additional Deputy U.S.
    Marshals to assist CBP at the border. But I don't want to
    overstate how much that is, because our ability to make those
    contributions is not large.
        Senator Moran. Thank you. Senator Shaheen visited with you
    about drugs, in particular, rural and small States. You and I
    had a conversation, probably as you were being confirmed, about
    rural law enforcement departments. And I asked you, and you
    agreed, and I think you've pursued making certain that rural
    agencies, small agencies in particular, have a fair shot at
    getting the Federal resources. Anything that you can do to
    update, or anything that you would request of me to make that
    more--less ownersome and more likely?
        Attorney General Garland. I think we have been doing that.
    We've made it easier to make--for small law enforcement
    agencies, in particular the rural ones that you're speaking of,
    to make the applications for the grants.
        I will tell you that on my recent trip to U.S. Attorney's
    offices to talk to joint law enforcement task forces, in
    Colorado and Louisiana, in particular, I met with the rural
    sheriffs and, you know, I wanted to make sure that these task
    forces were not only focused on the cities, but were focused on
    helping the rural sheriffs, as well. And in both of those
    circumstances, at least, we got considerable affirmation that
    that is working well.
        That--you know, this is--the rural law enforcement provides
    the boots on the ground who know the people in the community.
    And the Federal law enforcement, DEA, FBI, ATF, Marshals, are
    able to provide the technology and the skill sets necessary to,
    you know, find people who cross the border from one
    jurisdiction into another and to bring them back. So, this is
    anecdotal, but my anecdotal work suggest very good cooperation
    in these joint task forces.
        Senator Moran. Thank you. My time is more than expired. I
    just would mention one other thing and, perhaps there could be
    a follow up by you or your staff. I'm surprised that the DOJ is
    only requesting--your budget request is only an additional
    $68.6 million to investigate and prosecute cybercrime,
    including $52 million at the FBI and $15 million at the U.S.
    Attorney's office. The magnitude of the problem is--I can't
    imagine can be addressed with that--with that minimal or modest
    amount.
        Attorney General Garland. My numbers are--look at little
    different than yours.
        Senator Moran. All right.
        Attorney General Garland. Mine show more than $1.2 billion
    to address cybersecurity and cybercrime across the country. The
    increases are $15 million for 50 more U.S. Attorneys to bring
    these cases. Another $88 million for additional 75 FBI
    personnel to bring these cases. And then, for our own
    cybersecurity for the Justice Department and all the law
    enforcement agencies, $115 million. So, I'm not sure why the
    numbers are different.
        Senator Moran. No, I may have--I may have misspoken or,
    certainly at minimum, was confusing. Those are the increases,
    not the total amount--
        Attorney General Garland. We did get--
        Senator Moran. Over enacted levels.
        Attorney General Garland. No, we did get more money in the
    recent supplemental because of Ukraine. I can promise you, we
    expect to ask for more money and part of the money we're going
    to ask for is cyber defense, because we're quite worried,
    obviously, about that. Other money in there will be for--I'm
    trying to decide whether to call it KleptoCapture or just our
    Sanctions task force. But it's the KleptoCapture Task Force.
    So, we'll be asking for additional money, but you did give us
    more money in the supplemental on this, as well.
        Senator Moran. General, thank you. Thank you for joining
    us. And I did agree with Senator Shaheen to help her, or work
    together with her, to see that we get the U.S. Attorney process
    back under a fashion in which we get some confirmations
    concluded.
        Attorney General Garland. That would be great. Thank you.
        Senator Shaheen. Thank you, Senator Moran, on both counts.
    Senator Graham?
        Senator Graham. Thank you. Good morning. So, on the Russia
    front, we had lunch and I really--I appreciate what you and
    your team are doing. There's a lot on your plate. You know, you
    wanted money in the supplemental. Is there any additional
    authority you need from Congress to be more aggressive, in
    terms of going after the oligarchs and kleptocracy? Do you need
    any legal changes?
        Attorney General Garland. Yes, so--thank you for asking
    about that. We have been very carefully examining that question
    and I expect that there will be requests for legislative
    changes. These could go, particularly, in the way in which we
    do the forfeitures, to make is easier for us to do the
    forfeitures. I think I mentioned earlier, also the possibility
    of taking money out of the Forfeiture Fund that we collect this
    way and sending it to Ukraine. So, the answer is yes--
        Senator Graham. Okay.
        Attorney General Garland. And we are hard at work on it.
    And I expect, very soon, within days, probably, that the
    administration will be able to present some requests.
        Senator Graham. Well, good. Mr. Attorney General, I think
    there will be a receptive audience to give you more money, if
    that's what it needs to go after the people who've profited
    from destroying the Russian economy.
        Along that line, there's articles in the paper about family
    members that have been used by Putin to, sort of, launder
    money, and talk of a girlfriend in Sweden. Do you know anything
    about an effort to bring sanctions against her?
        Attorney General Garland. First answer is no and the second
    answer, I guess is, if I did know I wouldn't be able to discuss
    it.
        Senator Graham. Okay, fair enough.
        Attorney General Garland. This is a Treasury Department
    issue--
        Senator Graham. Yes, I just--right. I just--I would
    encourage you to put everything on the table.
        When it comes to Afghanistan, have you been briefed,
    recently, about the possibility of terrorism emanating from
    Afghanistan, into the United States? Has that threat level gone
    up or down or do you know?
        Attorney General Garland. We are--the details of that I'd
    have to defer to a classified briefing.
        Senator Graham. Okay, all right. That's fair.
        Attorney General Garland. But I think it is fair to say
    that we are constantly concerned about the risk that ISIS-K
    will try to mount something in the United States, likewise,
    continuing with respect to Al-Qaeda. But the FBI is putting all
    its enormous amount of resources into preventing that, as are--
    as is the intelligence community outside the United States.
        Senator Graham. Okay. Well, let's stay in touch on that.
        Sort of, back to the border. This idea of taking Title 42
    out of the toolbox, in terms of a way to deal with illegal
    immigrant crossings, do you believe that if Title 42 is
    repealed, there would be a surge at the border?
        Attorney General Garland. I think it's important for me to
    explain our role in this, and the Justice Department's only
    role is, when the CDC makes its assessment, as it did, and asks
    us to appeal, for us to determine whether that would be lawful.
    And the Department concluded that the CDC's--
        Senator Graham. But you--but you're in charge--I'm sorry,
    go ahead. Finish your thought.
        Attorney General Garland. Yes, and so, that was so. I
    think--to answer the other part of your question, I think that
    all intelligence suggests that there will be a large increase
    in the border, yes--
        Senator Graham. Now, when it comes to drugs--
        Attorney General Garland. Migrants, yes.
        Senator Graham. Right. When it comes to drugs coming into
    the United States from the southern border, in the last year,
    has that problem gotten better or worse?
        Attorney General Garland. I don't know what the numbers
    are. I mean, it is obviously the case that the transportation
    of fentanyl, particularly, has increased. Fentanyl is much
    easier--it's much more compact, much smaller, goes a longer
    way. The smugglers, particularly in the trucks, have developed
    ways to hide it, even from our x-rays.
        Senator Graham. Yes.
        Attorney General Garland. So, that problem, of fentanyl
    crossing the border, has definitely increased, in a way that
    makes all of us very worried.
        Senator Graham. Okay. So, when it comes to your role in all
    this, if Title 42's repealed and we get a surge, there's an
    increase in fentanyl coming across the border, and the leading
    cause of death for Americans from 18 to 45, they tell me, is
    fentanyl overdose, do you think this budget and the game plan
    for the Biden Administration is--will be effective against this
    increase?
        Attorney General Garland. I think that the budget we've
    asked for for drug trafficking and drug interdiction, which is
    $9.8 billion, is a huge amount and an enormous allocation of
    America's resources, in this respect. But again, our job is
    different than the Department of Homeland Security's job.
        Senator Graham. No, I got you.
        Attorney General Garland. And I can't speak to their
    resources.
        Senator Graham. And I'll try to wrap up here. But drug
    interdictions are dramatically less than they were in fiscal
    year 2021. We had 913,000. That's how much drugs were
    interdicted. Now we're at 340,000. It seems to be that
    interdiction's going down. So, my basic question is, do you
    consider the border in a state of crisis?
        Attorney General Garland. I think, as you rightly pointed
    out, there's going to be a lot--and intelligence suggests,
    there will be a lot of people--a lot more people migrating over
    the border.
        Senator Graham. Well, the reason I mention that, as I
    believe it is. I believe the amount of drugs coming across are
    unprecedented. The amount of people coming across the border
    illegally is unprecedented. Seems to be every train line is
    getting worse. And to be honest with you, Mr. Attorney General,
    I think we need to go all in, all hands-on deck, of controlling
    our border. And do you believe that what we have in place,
    through this budget and the system as a whole, that we can
    expect to turn this around?
        Attorney General Garland. I think that the money--with
    respect to the Justice Department, which is the only thing I
    can speak to, I think that if you give us the increased
    resources that we're asking for, we can do our job.
        Senator Graham. Okay. So, 6 months from now we'll see.
    Thank you.
        Senator Shaheen. Thank you, Senator Graham.
        Senator Shaheen. Thank you very much, Mr. Attorney General,
    and to all of your staff.
        Attorney General Garland. And thank you.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. If there are no further questions, this
    afternoon, senators can submit additional questions for the
    official hearing record. We request the Department's responses
    within 30 days of receiving those. And the Subcommittee stands
    in recess until Tuesday, May 3rd, when we will hold a hearing
    on the budget requests of NASA and the National Science
    Foundation.
        [The following questions were not asked at the hearing, but
    were submitted to the Department for response subsequent to the
    hearing:]
                  QUESTIONS SUBMITTED BY SENATOR PATRICK LEAHY
        Questions Submitted to Hon. Merrick Garland, Attorney General,
                             Department of Justice
        Question 1. Victims of Crime Act (VOCA) Fix Act of 2021
    Implementation: I would like to follow up on our discussion during your
    live testimony regarding the VOCA Fix Act. I mentioned to you that
    despite a sizeable deposit in the first month of implementation, the
    deposits into the Crime Victims Fund from deferred and non-prosecution
    agreements have actually been quite low. Across October and November,
    for example, the total deposited from those two new categories was only
    $1 million.

      A.  What do you think accounts for such starkly low deposits
                resulting from deferred and non-prosecution agreements?

        Answer. Signed into law on July 22, 2021, the VOCA Fix Act requires
    monetary penalties from Federal deferred prosecution and non-
    prosecution agreements to be deposited into the Crime Victims Fund. The
    Office for Victims of Crime reports that the Fund received $262.3
    million from deferred prosecution and non-prosecution agreements from
    July 22, 2021, to December 31, 2021, and $227.2 million from deferred
    prosecution and non- prosecution agreements from January 1, 2022,
    through April 30, 2022.
        Because this Act has been in effect for less than a year, the
    Department does not yet have sufficient information to make long-term
    projections on future deposits from deferred and non-prosecution
    agreements. The Department will continue to monitor receipts closely
    and educate US Attorneys' offices and Department litigating components
    about the importance of the Fund.

      B.  Is the Department concerned such low deposits may soon result in
                a zero dollar balance in the Crime Victims Fund?

        Answer. The balance of the Fund as of April 2022 is $2.934 billion.
    The Department is hopeful that the VOCA Fix Act will generate
    substantial increases in receipts to keep the Crime Victims Fund
    solvent and offset the fall-off in receipts in recent years. Receipts
    will continue to be monitored closely. The Department will work with
    Congress to ensure the Fund remains solvent.

      C.  What more can the Department be doing to educate its attorneys
                and other litigating components about the impacts of their
                prosecutorial decisions on the Crime Victims Fund?

        Answer. The Department has issued a memorandum to U.S. Attorneys'
    offices, Department litigating components, and the Office of Justice
    Programs regarding the purpose of the Crime Victims Fund; how the Fund
    supports and benefits hundreds of thousands of survivors every year;
    and how criminal fines, and not Federal taxpayer dollars, are what
    sustains the Fund. In addition, the Office for Victims of Crime reports
    that it will brief attorneys in the Antitrust Division about the VOCA
    Fix Act and the Fund later this summer.

        Question 2. Freedom of Information Act: I am pleased that you
    recently issued Freedom of Information Act (FOIA) guidelines directing
    all agencies to comply with the requirements of FOIA. During a FOIA
    hearing I chaired in March, however, I was disappointed by the
    Department's answers regarding its willingness to enforce these
    guidelines. I did not come away from the hearing with a clear sense of
    what the Department is ready to do if agencies ignore or violate the
    guidelines you issued.

      A.  Will you commit to utilizing the full powers of your office to
                enforce the Department's FOIA guidelines and ensure
                compliance with FOIA?

      B.  Will you commit to working with the Director of the Justice
                Department's Office of Information Policy to establish
                remedial or enforcement actions for the Department to take
                should other agencies fail to comply with the recently
                issued FOIA guidelines?

        Answer to Questions 2A and 2B:
        As the new FOIA guidelines I issued on March 15, 2022, make clear,
    ``[t]ransparency in government operations is a priority of this
    Administration and this Department.'' The Justice Department takes very
    seriously our government-wide role to encourage compliance with FOIA,
    and we are fully committed to utilizing all of the tools available to
    us to ensure agencies are faithfully and effectively applying the law
    with a presumption of openness.

        Question 3. Voting Rights: The wave of efforts across the country
    to suppress access to the ballot box is alarming. Legislation like the
    John Lewis Voting Rights Advancement Act are essential to ensuring that
    Americans can fulfill their constitutional right to vote. I am alarmed
    that the John Lewis Voting Rights Advancement Act continues to be
    blocked from even debate in the Senate.

      A.  Do you agree that voter suppression poses a fundamental threat to
                our democracy?
        Answer. Yes. As I described in speeches I delivered on May 29, 2022
    and June 11, 2021 and in a Washington Post op-ed I wrote on August 5,
    2021, the right of all eligible citizens to vote is the cornerstone of
    our democracy and the source from which all other rights ultimately
    flow. Since the Shelby County decision in 2013, there has been a
    dramatic rise in legislative efforts that make it harder for millions
    of citizens to cast a vote that counts.

      B.  While the Department waits for Congress to act, what steps are
                you taking to ensure that Americans' access to the ballot
                box is protected, everywhere in the country?

        Answer. The Department is taking a wide range of steps to protect
    the right to vote, including:

      --The Department has doubled the Civil Rights Division's Voting
            Section's enforcement staff.
      --The Department has issued guidance on Federal voting rights laws as
            they relate to redistricting and methods of election for
            governmental bodies, methods of voting, and post-election
            audits.
      --The Department has brought lawsuits against Georgia and Texas
            regarding recently enacted measures that impact the right to
            vote.
      --The Department has undertaken a number of steps to protect the
            right to vote of deployed servicemembers and Americans residing
            overseas, including entering into an agreement with Ohio.
      --The Department has brought a lawsuit and reached an agreement under
            the National Voter Registration Act with New Jersey.
      --The Department has brought a lawsuit and reached an agreement under
            the National Voter Registration Act and the Help America Vote
            Act with Oneida County, New York.
      --The Department has set up a task force to address threats against
            election workers and officials.
      --The Department has also filed numerous amicus briefs and statements
            of interest regarding issues under the Federal voting rights
            laws.

      C.  What additional resources would be helpful for the Justice
                Department to improve and expand its efforts to protect
                Americans' access to the ballot box?

        Answer. The Department has supported Congress' efforts to enact new
    legislation to protect the right to vote, including but not limited to
    the John R. Lewis Voting Rights Advancement Act, the For the People
    Act, and the Freedom to Vote Act. The Department has also sought
    increased funding for the Civil Rights Division's enforcement work in
    its fiscal year 2023 budget request, including to support its voting
    rights work.

        Question 4. Preventing Gun Violence (Need for Permanent ATF
    Director): I was pleased that President Biden nominated Steve
    Dettelbach to be the Director of the Bureau of Alcohol, Tobacco and
    Firearms (ATF). The ATF remains at the forefront of protecting our
    communities from violent criminals and the preventing the illegal use
    and trafficking of firearms. Unfortunately, the ATF has had only one
    permanent director since 2006; this must change. Steve would make an
    effective and fair-minded ATF Director.

      A.  Why is it so important that the ATF have a permanent director?
                What ATF actions are inhibited in the absence of a Senate-
                confirmed director?

        Answer. As your question notes, in March 2006, Congress passed and
    President Bush signed into law the USA PATRIOT Improvement and
    Reauthorization Act (Public Law No. 109-177, 120 Stat. 247), which
    requires the ATF Director to be appointed by the President with the
    advice and consent of the Senate. This statutory requirement reflects
    the importance of ATF's crucial public safety mission. That mission is
    all the more critical today given the unacceptable level of firearms
    violence in our communities.
        The confirmation of an ATF Director will reinforce that the Federal
    government is committed to reducing firearms violence; signal to the
    dedicated professionals of ATF and ATF's local, state, Federal, Tribal,
    and territorial law enforcement partners that both Congress and the
    Administration support ATF's vital mission; and enhance continuity and
    stability at ATF. A Senate-confirmed Director is also uniquely
    positioned to respond to congressional inquiries and to advocate for
    the agency during the budget formulation and enactment process.

        Question 5. Vermont Office (Importance of Confirming U.S. Marshal/
    Attorney Nominees): I would like to thank your hardworking Federal
    agents, especially those in Vermont, for their dedication to fighting
    criminal activity and protecting our communities. The U.S. Marshals
    working out of Burlington arrested 90 fugitives last year, and even
    more in the year prior. The Vermont U.S. Attorney's Office aided in the
    criminal investigations of Purdue Pharma's role in the opioid epidemic
    that has ravaged the New England area. Given the critical role that the
    Department's Federal law enforcement officials play in keeping us all
    safe, it deeply concerns me that a single Senator has arbitrarily held
    up two U.S. Marshal and six U.S. Attorney nominees.

        A. When politicians hold U.S. Marshal and U.S. Attorney nominees
    hostage for political grandstanding, how does that impact the
    Department's ability to investigate crimes and prosecute criminals?
    What kind of impact does that have on the local communities depending
    upon these law enforcement officials?

        Answer. It is vitally important to have Senate-confirmed U.S.
    Marshals and U.S. Attorneys in each Federal district. The U.S. Marshals
    protect the rule of law by apprehending the nation's most violent
    fugitives and help ensure the safety of the Federal judiciary. The U.S.
    Attorney serves as the chief Federal law enforcement officer in each
    district. Despite delays in the confirmation process, the committed
    public servants who work in these districts have ensured that their
    important work and mission continue without interruption.

        Question 6. DOJ Review of FBI Nassar Investigation Declination
    Decision: Last year, the Senate Judiciary Committee held a hearing to
    examine the Justice Department Inspector General's report on the FBI's
    unacceptable handling of the Larry Nassar investigation. During that
    hearing, we heard from some of the nation's most elite gymnasts who
    spoke bravely about their traumatic experiences and their long search
    for justice and accountability.
        While the Justice Department initially declined to bring charges
    against the disgraced FBI agents involved in this investigation, the
    Department announced in October that it was reviewing that declination
    decision based on ``new information that has come to light.'' However,
    we have not heard from the Department on the status of that decision.

      A.  Do you have any updates with regard to that review and its
                timeline?

        Answer. As the Deputy Attorney General testified before the Senate
    Judiciary Committee on October 5, 2021, the Assistant Attorney General
    for the Criminal Division, Kenneth Polite, undertook a review of the
    September 2020 decision not to bring Federal criminal charges against
    two former FBI special agents in connection with their involvement in
    the FBI's investigation of Lawrence Nassar. The Criminal Division's
    review was led by experienced prosecutors who carefully reviewed and
    analyzed the evidence gathered in the investigation. On May 26, 2022,
    the Criminal Division's decision to adhere to its prior decision not to
    bring Federal criminal charges was made public.
        The Criminal Division's decision does not in any way reflect a view
    that the Justice Department condones the conduct of the former agents;
    nor does it reflect a view that the investigation of Lawrence Nassar
    was handled as it should have been. As I testified before this
    Committee on April 26, 2022, the institutional failures here are
    unspeakable and quite apparent.

        Question 7. January 6th Investigation: Less than a year and a half
    ago, a violet mob of insurrections stormed the Capitol, the first time
    in 244 years that our country was almost prevented from carrying out a
    peaceful transfer of power. According to the Federal Bureau of
    Investigation, the violent attack was an act of domestic terrorism.
    Five people died during or soon after the attack, and nearly 140 law
    enforcement officers suffered injuries, ranging from brain damage to
    cracked ribs, to smashed spinal cord discs.
        Although I am encouraged more than 800 people have been charged
    with crimes stemming from the assault on the Capitol, the Justice
    Department estimates between 2,000 and 5,000 people entered the Capitol
    on January 6. Investigators have a long way to go before everyone who
    participated in the attack is held accountable.

      A.  Why is it important these individuals are held accountable for
                their failed attempt to overthrow the will of the American
                people? What resources or tools would DOJ need to improve
                its efforts to hold these perpetrators accountable?

        Answer. The commitment to the peaceful transfer of power must be
    respected by every American. Our democracy depends upon it. The
    preservation of American democracy also requires our willingness to
    tell the truth. That is why it is essential for us to ensure that the
    magnitude of an event like the January 6, 2021, assault on the United
    States Capitol is not downplayed or understated. That attack disrupted
    proceedings in both chambers of Congress and interfered with the
    peaceful transfer of power from one administration to the next.
        In response, the Department began work on what has become one of
    the largest, most complex, and most resource-intensive investigations
    in its history. The prosecution efforts, which are being led by the
    United States Attorney's Office for the District of Columbia, are
    ongoing. Accordingly, the President's fiscal year 2023 Budget requests
    $34.1 million and 130 term positions (80 term attorneys) to support the
    Justice Department's efforts to investigate and prosecute defendants
    charged in connection with the events of January 6, 2021.

      B.  Do you have any updates about DOJ's investigation of the funders,
                organizers, and ringleaders who may have not been present
                at the Capitol on January 6, 2021, but nonetheless were
                responsible for the terrible events of that day?

        Answer. Longstanding policy and practice of the Justice Department
    generally prevents us from commenting on or confirming the existence of
    any investigation.

        Question 8. DOJ IP Enforcement Office: It is imperative that
    American innovation is protected, especially against bad actors in
    foreign countries. The Justice Department's Intellectual Property Task
    Force has indicted Chinese citizens and companies attempting to steal
    trade secrets from companies like Motorola and General Electric. I
    believe this work is critical in protecting our public safety and
    economic wellbeing. I thank you for that work on behalf of American
    innovators and inventors.

      A.  How is the IP enforcement task force equipped to investigate and
                prosecute trade secret violations in a complex digital
                world? What kind of resources or tools would the DOJ need
                to improve its enforcement of the Defend Trade Secrets Act?

        Answer. The Department of Justice remains committed to the
    protection of intellectual property rights and to vigorously combating
    intellectual property crime, particularly when it threatens public
    health and safety, national security, and the U.S. economy. This
    includes combating economic espionage and other thefts of trade secrets
    that pose a significant threat to U.S. companies and competitiveness.
        The Economic Espionage Act (EEA) of 1996 provides criminal
    penalties for economic espionage as well as other thefts of commercial
    trade secrets. Within the Justice Department, the National Security
    Division's Counterintelligence and Export Control Section (CES) is
    responsible for review and approval of economic espionage charges.
    Together with CES, the Criminal Division's Computer Crime and
    Intellectual Property Section (CCIPS) coordinate on economic espionage
    and other trade secret prosecutions involving foreign actors and
    provide substantial guidance and support to United States Attorneys'
    offices in prosecuting a range of trade secret theft cases and in
    meeting the investigative, evidentiary, and technological challenges
    these cases pose. While the threat of foreign governments and business
    competitors stealing U.S. trade secrets remains high, the coordination
    within the Department--including with the FBI's counterintelligence,
    criminal, and cyber agents--results in strong cases with a deterrent
    impact.
        In addition, the 2016 enactment of the Defend Trade Secrets Act
    (DTSA) created a Federal civil cause of action for trade secret theft,
    including thefts for which the EEA provides criminal penalties. As a
    result, many trade secret owners have been able to pursue civil
    remedies for trade secret theft in Federal courts. While the Justice
    Department does not specifically track the number of Federal civil
    trade secret actions brought, the opportunity to protect trade secrets
    through private action in Federal courts has clearly been a powerful
    tool for victim companies.

        Question 9. Death Penalty: Last summer you imposed a moratorium on
    Federal executions pending a review of the Justice Department's
    policies and procedures.

      A.  Do you have any updates about the status and timeline of that
                review?

        Answer. On July 1, 2021, I asked the Deputy Attorney General and
    Office of Legal Policy to engage in a series of reviews pertaining to
    Federal execution protocols, the Manner of Execution regulations, and
    related Justice Manual provisions. These are complex issues, and the
    various perspectives on these matters all deserve to be heard and given
    due consideration. The Department has therefore engaged in
    comprehensive and ongoing outreach to solicit input and inform policy
    decisions. That engagement continues with urgency and deliberation.

                                     ______

                  QUESTIONS SUBMITTED BY SENATOR BRIAN SCHATZ
        Question 1. Prosecutorial discretion for state-approved marijuana:
    Following up on my question at your hearing, the Obama Administration
    issued guidance on prosecutorial discretion for noninterference in
    states, territories, and tribes where marijuana is legal. These memos--
    known as the Cole and Wilkinson memos--provided states, territories,
    and tribes with clarity as they implemented approved marijuana
    programs. Given the increased number of approved programs in the years
    since the Cole and Wilkinson memos, as well as the utility of the
    guidance provided by the memos, does the Justice Department's plan to
    update and reissue the Cole and Wilkinson memos? If yes, what is your
    expected timeline?

        Answer. As I stated in my testimony on April 26, 2022, the Justice
    Department's enforcement resources are not put to their best use
    prosecuting nonviolent, low-level marijuana offenses, even in
    jurisdictions where marijuana use remains illegal. With respect to
    those jurisdictions where marijuana use and sales are lawfully
    regulated, there is even greater reason to conserve prosecutorial
    resources so that we can focus our attention on violent crimes and
    other crimes that cause societal harm and endanger our communities. The
    Department is examining a range of issues that relate to marijuana and
    its production, sale, and use, and we intend to address these issues in
    the days ahead.

        Question 2. Project HOPE Institute: The explanatory statement
    accompanying the Consolidated Appropriations Act, 2022 (Public Law 117-
    103) included language directing the OJP to establish a Project HOPE
    Institute to provide training, technical assistance, and best practices
    for jurisdictions replicating the HOPE model. What is the status of the
    Project HOPE Institute?

        Answer. The Bureau of Justice Assistance (BJA) reports that it is
    administering competitive grant funds and managing training and
    technical assistance to state, county, and Tribal agencies to
    operationalize the principles behind Project HOPE--swiftness,
    certainty, and fairness--in their supervision strategies. BJA works
    closely with the Swift Certain and Fair (SCF) Resource Center, which
    provides content expertise and project management support to those
    grantees to design, implement, and adjust their strategies to local
    needs and contexts.
        In fiscal year 2021, BJA made an award of $500,000 to support the
    Hope Institute, via competitive solicitation, to the Marron Center at
    New York University, which operates the SCF Resource Center, to expand
    guidance to the field at large.
        The fiscal year 2022 solicitation opened March 23, 2022 and closed
    on May 25, 2022. The award to support the Hope Institute remains on
    track for implementation in 2022.

        Question 3. Correctional Education Evaluation: The explanatory
    statement accompanying the Consolidated Appropriations Act, 2021
    (Public Law 116-260)--also included in the explanatory statement
    accompanying the Consolidated Appropriations Act, 2022 (Public Law 117-
    103)--included language directing the NIJ to establish a public-private
    partnership with research and correctional institutions to collect and
    evaluate data and continue to advance the research on the impact of
    correctional education on recidivism. What is the status of the public-
    private partnership?

        Answer. The National Institute of Justice reports that it awarded a
    competitive grant of $585,726 to the University of Chicago to examine
    whether re-orienting the prison experience towards rehabilitation--by
    investing in education, mental health, and physical health while
    individuals are incarcerated--can reduce prison recidivism,
    specifically reincarceration rates. The project involves a
    collaboration with the Illinois Department of Corrections. This project
    performance period is 3 years, from January 1, 2022, through December
    31, 2024. Should you wish a more detailed briefing of the project
    design and expected outcomes, my staff would be happy to put your staff
    in contact with the relevant experts within the Department.

        Question 4. Science Advisory Board: The explanatory statement
    accompanying the Consolidated Appropriations Act, 2021 (Public Law 116-
    260)--also included in the explanatory statement accompanying the
    Consolidated Appropriations Act, 2022 (Public Law 117-103)--included
    language directing OJP to reestablish a Science Advisory Board to
    provide extra-agency review of, and recommendations for, OJP's
    research, statistics, and grants program. The re-established Board
    should be comprised of scholars and practitioners in criminology,
    statistics, sociology, and practitioners in the criminal and juvenile
    justice fields and should be tasked with ensuring the programs and
    activities of OJP are scientifically sound and pertinent to
    policymakers and practitioners. What is the status of the Science
    Advisory Board?

        Answer. The Office of Justice Programs (OJP) reports that it is
    assessing the re-establishment of the OJP Science Advisory Board. OJP
    has discussed this issue and reengaged with multiple external
    scientific organizations, including the National Academy of Science's
    Committee on Law and Justice and the Consortium of Social Science
    Organizations. Dr. Nancy La Vigne, whom the President appointed
    Director of OJP's National Institute of Justice, began her tenure on
    May 9, 2022. OJP anticipates that Dr. La Vigne will play an important
    leadership role in advancing the consideration and re-establishment of
    the Science Advisory Board.

        Question 5. ICACCOPS Training: The explanatory statement
    accompanying the Consolidated Appropriations Act, 2022 (Public Law 117-
    103) included language directing the Justice Department to prioritize
    expanded training on and use of ICACCOPS across Federal, State, local,
    Tribal, and military law enforcement agencies. The language also
    directed the Justice Department to coordinate with the Department of
    Defense on the implementation of section 5500 of Public Law 116-92.
    What is the status of the expanded training and the coordination with
    the Department of Defense?

        Answer. In accordance with the joint explanatory statement
    accompanying the Consolidated Appropriations Act, 2022 (Public Law 117-
    103), the Department's Office of Juvenile Justice and Delinquency
    Prevention (OJJDP) reports that it is actively working together with
    Fox Valley's National Criminal Justice Training Center (NCJTC) to
    expand capacity, training, and coordination with entities across the
    Department of Defense (DoD). Those efforts build on ongoing programs
    and efforts that provide DoD entities with ICACCOPS training and
    resources. For example, NCJTC reports that its ongoing management of
    the ICACCOPS investigative system, the ICAC Task Force website, and the
    ICAC listserve, provides valuable resources to many members of DoD
    investigative entities. In addition, NCJTC reports that it provides
    core and specialized training and technical assistance to DoD
    investigators, including training on ICACCOPS supported tools.

        Question 6. Sexual Abuse Services in Detention Hotline: The
    explanatory statement accompanying the Consolidated Appropriations Act,
    2022 (Public Law 117-103) included language directing the Justice
    Department to explore opportunities for releasing existing grant
    funding, including through OVC's discretionary grant program, for
    efforts that would create a hotline to provide sexual abuse and rape
    crisis counseling services to incarcerated individuals across the
    country. What is the status of the efforts to create a national hotline
    to provide sexual abuse and rape crisis counseling services to
    incarcerated individuals?

        Answer. In fiscal year 2021, the Office on Violence Against Women
    (OVW) partnered with the Bureau of Justice Assistance (BJA) to issue
    the National Service Line for Incarcerated Survivors of Sexual Abuse
    solicitation, supported with funds from BJA's Prison Rape Prevention
    and Prosecution Grants appropriation. The Urban Institute, in
    partnership with the National Sexual Violence Resource Center, was
    selected as the recipient and has begun work.
        The Service Line Initiative is being administered as a two-phase
    project beginning with a planning phase followed by an implementation
    phase.
        This current project is for Phase One--the planning phase. Phase
    One will include a national scan of practices related to efforts to
    comply with PREA Standards, identification of common service gaps and
    needs, and guidance from subject matter experts on what a national
    service line would require to be responsive to both the PREA Standards
    and the unique needs of incarcerated victims. The goal of Phase One is
    to develop a comprehensive plan for the design and implementation of a
    Service Line for incarcerated victims of sexual abuse.
        Phase Two, the implementation phase, will focus on using the
    comprehensive plan developed in the first phase to guide the Service
    Line's implementation. It is anticipated that Phase Two will be
    directed and administered by OVW and BJA, and that it will be funded
    competitively. Phase Two is dependent upon the availability of
    sufficient PREA appropriations in future fiscal years.

                                     ______

                QUESTIONS SUBMITTED BY SENATOR JOE MANCHIN, III
        Question 1. As the Chairman of the Cybersecurity Subcommittee on
    the Armed Services Committee I am acutely aware of the various risks
    posed to the U.S. Government and our critical infrastructure operators,
    which is why I was pleased to see streamlined cyber intrusion reporting
    standards included in the previous appropriations omnibus.
        The FBI's 2022 Internet Crime Report details more than 800,000
    complaints of suspected Internet crime were filed and nearly $7 billion
    dollars lost last year. That's nearly doubled from 2019. This makes
    clear to me that cyber threats are only growing in number and
    sophistication. In my opinion, one of the largest issues we're facing
    is a continued lack of interagency cooperation in tracking and
    responding to these cyber threats due to perceived jurisdiction limits.
    While the Department of Defense and the Intelligence Community can only
    operate outside of the United States, DHS and DOJ are the main entities
    responsible for operating within the U.S.--and lack of cooperation
    among the agencies means cyber-attacks are more likely to slip through.

      A.  In order to combat this lack of cooperation and communication why
                are interagency taskforces not more prominent between
                interagency organizations?

        Answer. The Justice Department has worked together with partners
    across government to establish and strengthen mechanisms that
    facilitate strong interagency cooperation and communication to address
    cyber threats:

      --The Justice Department's National Cryptocurrency Enforcement Team,
            Computer Crime and Intellectual Property Section, and
            Counterintelligence and Export Control Section lead our efforts
            to coordinate with domestic law enforcement, regulatory, and
            other partner agencies across government to combat the criminal
            use of digital assets, criminal cyber threats, and state-
            sponsored cyber threats, respectively.
      --Regular interagency cooperation has been essential to the Justice
            Department's successful cyber enforcement efforts to date. For
            example, our successful operation in March 2022 to disrupt
            malware known as ``Cyclops Blink'' that was controlled by the
            Russian Federation's Main Intelligence Directorate (GRU), began
            with collaboration between the Federal Bureau of Investigation
            (FBI), the Department of Homeland Security's (DHS)
            Cybersecurity and Infrastructure Security Agency (CISA), the
            National Security Agency, and the United Kingdom's National
            Cyber Security Centre. Additionally, the March 2022 unsealing
            of criminal charges against four Russian government employees
            for their role in two historical hacking campaigns targeting
            critical infrastructure was paired with a related FBI, CISA,
            and Department of Energy cybersecurity advisory, sanctions by
            the Department of the Treasury, and a Department of State
            Rewards for Justice announcement.
      --The National Cyber Investigative Joint Task Force (NCIJTF) is a
            multi-agency cyber center with the responsibility of
            coordinating, integrating, and sharing information to support
            cyber threat investigations and synchronizing joint efforts
            that focus on identifying, pursuing, and defeating bad actors
            seeking to exploit our nation's systems. The NCIJTF is a
            frequent venue for collaboration and coordination among 30
            partnering agencies from across the Federal government,
            including the Justice Department, the Intelligence Community,
            and the Department of Defense (DoD). Task Force representatives
            are co-located and work jointly to leverage collective
            authorities and capabilities.
      --The FBI also works closely with CISA, NSA, and international
            partners to release advisories identifying malware and
            mitigation measures to assist those with compromised devices.
            As a recent example of this coordination, in February 2022, the
            FBI, CISA, and NSA published a joint Cybersecurity Advisory
            regarding the ongoing efforts of Russian state-sponsored cyber
            actors to target U.S. cleared defense contractors.
      --In addition, the National Security Council convenes weekly Cyber
            Response Group meetings and regular Interagency Policy
            Committee and sub-IPC meetings to share threat updates and
            discuss and implement cyber policy. Further, on some occasions,
            the interagency has convened Cyber Unified Coordination Groups
            to coordinate the government's response to significant cyber
            incidents. These meetings include, among others,
            representatives from the Justice Department, the Intelligence
            Community, DoD, the State Department, the Department of the
            Treasury, and DHS.
      --When significant cyber incidents occur within the United States,
            such as the ransomware attacks in the last year against
            Colonial Pipeline and Kaseya, officials from the FBI and CISA
            work in lockstep coordinating the response. In addition, CISA's
            Joint Cyber Defense Collaborative, which established in August
            2021 to unify defensive actions and drive down risk in advance
            of cyber incidents, includes the public and private sector as
            well as Federal and state, local, Tribal, and territorial
            governments.

      B.  How often do you meet with the other Cabinet Secretaries to
                discuss cyber threats and improving our response efforts
                during and after attack?

        Answer. Cyber threats and incident response are a frequent topic of
    conversation at all levels of leadership. Along with other senior
    Department officials, I regularly discuss these issues with principals
    and deputies across government in both NSC-led meetings and direct
    conversations with colleagues.

        Question 2. Recently, a district court judge in Louisiana indicated
    that he would grant a temporary restraining order blocking the end of
    Title 42. At the time that the Administration announced its decision to
    end the Title 42 policy on May 23, I made clear my concern about ending
    Title 42 without a plan in place to deal with the anticipated influx of
    migrants at our southern border. Specifically, I pointed out that
    encounters at the southern border reached an all- time high level of
    1.734 million people during fiscal year 21. And that through the first
    5 months of fiscal year 22, encounters were on place to match or exceed
    those numbers.

      A.  Is DOJ planning to appeal any TRO issued by the district judge?

        Answer. On April 27, the District Court for the Western District of
    Louisiana issued a temporary restraining order in Louisiana, et al. v.
    Centers for Diseases Control & Prevention, et al. The temporary
    restraining order prevented the government from implementing the
    termination of the Title 42 order before May 23, 2022. The Department
    did not appeal that order. On May 20, the district court issued a
    preliminary injunction preventing CDC from enforcing the termination of
    the Title 42 order. The Department has appealed that decision. Because
    this matter is in active litigation, it would not be appropriate for me
    to comment further.

      B.  What is the Administration's plan for addressing the anticipated
                influx of immigrants at the southern border?

        Answer. The Department of Homeland Security (DHS) is responsible
    for border processing, enforcement, and security. While the United
    States Marshals Service and the Federal Bureau of Prisons have provided
    DHS limited support upon request in appropriate circumstances, the
    Justice Department's Executive Office for Immigration Review (EOIR) is
    responsible for equitably and efficiently administering our nation's
    immigration court system. While EOIR will work to assign sufficient
    immigration judges to minimize the impact on EOIR's existing docket,
    EOIR needs more resources to address the case backlog, which has been
    growing for over a decade, and the Justice Department's fiscal year
    2023 budget request would strengthen EOIR's ability to apply the
    immigration laws justly, consistently, and in a timely fashion, while
    ensuring due process under the law. The Department requests a total of
    $1.35 billion for EOIR to reduce the backlog of immigration cases,
    which would allow EOIR to hire more than 1,200 new staff, including
    approximately 200 new immigration judges above the fiscal year 2022
    enacted level.

        Question 3. It is undeniable that the opioid epidemic has taken a
    serious toll on all Americans-- not just in my state, but across the
    country. As I am sure you are aware, last year, the CDC reported that
    more than 100,000 Americans died from drug related overdoses, making
    2021 the deadliest year on record for overdoses. It is estimated that
    more than two-thirds of those overdoses likely involved an opioid or a
    synthetic opioid, such as fentanyl. And for those men and women who are
    fortunate enough to escape death and get clean, they often face
    severely limited job opportunities after serving their time for crimes
    committed as a result of their drug 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 individuals working to
    recover from substance use disorder with criminal records seal those
    records if they complete a comprehensive addiction treatment program
    and show that they have turned their lives around.

      A.  How do you plan on helping former offenders re-join the workforce
                and once again become responsible taxpayers?

        Answer. Eliminating barriers to successful reentry is a priority
    for the Justice Department. To advance this important goal, the
    Department plans to continue employing a broad set of policy tools and
    strategic partnerships with Federal, state, and grantee partners.
        For example, in fiscal years 2022 and 2023, DOJ and the Department
    of Labor (DOL) will partner to provide intensive job training in select
    Bureau of Prisons' facilities followed by intensive, individualized
    reentry support during halfway house or home confinement. This includes
    $100 million in the President's fiscal year 2023 budget for DOJ and DOL
    to develop a national initiative to provide comprehensive workforce
    development services to those in Federal prison, both during their time
    in Federal custody and after they are transferred to community
    placement. DOL and DOJ would also oversee evaluation to assess these
    programmatic efforts on recidivism, labor market outcomes, and other
    key metrics.
        The Justice Department also supports reentry through the broad
    array of programming, policy initiatives, and grantmaking undertaken by
    the Office of Justice Programs (OJP). This includes OJP's work with
    state and local systems to better equip formerly incarcerated persons
    for re-entry by facilitating the attainment of state IDs prior to
    release; helping build successful prison/college partnerships to
    improve educational outcomes; and implementing vocational and
    employment skills training programs that result in apprenticeships and
    meaningful employment post-release. OJP (through the BJA), also
    supports, and will continue to support, grantees who are implementing
    programs specifically designed to help populations recovering from
    substance use disorders be ready to reenter the workforce.
        OJP's work will be further advanced through its recently announced
    partnership with the Council of State Governments Justice Center.
    Through that partnership, OJP will help launch the national Reentry
    2030 campaign, a national initiative to achieve better and more
    equitable reentry and reintegration outcomes by engaging states to
    adopt public, ambitious goals that drive system change.
        This is just a high-level description of some of the many varied
    ways the Department is engaging on this critical issue. Should you
    desire a more detailed briefing on the Department's efforts, my staff
    would be happy to put you in touch with the relevant experts within the
    Department.

      B.  What programs and initiatives, in your experience, are the most
                effective in preventing recidivism for first time
                offenders?

        Answer. Across institutions, the Department offers and supports a
    variety of programs to address reentry needs related to education,
    employment, substance use, and mental health to assist individuals'
    successful transition back to the community. My staff would be happy to
    put you in touch with the relevant experts within the Department--
    including staff within the Office of Access to Justice and OJP--to
    provide your staff with a detailed briefing regarding the relative
    advantages of various programs, policies, and approaches.

                                     ______

                 QUESTIONS SUBMITTED BY SENATOR LISA MURKOWSKI
        Question 1. Accessing DOJ Grants. In October of 2020, the
    Department of Justice launched JustGrants, an online grant management
    system to streamline the grant process for applicants and grantees and
    to simplify the payment process. I have heard from several Alaskans
    that there were some issues with the system when it was first launched
    a few years ago, which I understand the Department has been working to
    resolve.

      A.  How has the Department been working with stakeholders and
                internally to bring JustGrants up to full performance?

        Answer. In October 2020, the Justice Department transitioned to a
    single consolidated grants management system to eliminate duplication
    of effort across DOJ's grantmaking components, improve our ability to
    manage, track, and monitor DOJ grants, and provide applicants and
    grantees with an improved user experience across the entire grants
    lifecycle. JustGrants replaced multiple legacy DOJ systems and
    integrated them into one unified system, which was a complex, resource
    intensive effort. JustGrants launched in October 2020 with basic
    functionality to support operations necessary to move applications
    through the essential stages of the grant management lifecycle, from
    solicitation posting, application review, and award making, through
    post-award management, monitoring, and closeouts of all open and active
    awards. JustGrants is currently supporting 40,000 users and
    approximately 15,000 active grants totaling $17.6 billion. As of May
    10, 2022, $7.2 billion has been drawn down by grantees since JustGrants
    went live.
        Over the course of the transition to JustGrants, many users
    experienced instances in which JustGrants did not perform as they
    expected. It is a priority for the Department to improve the
    functionality of JustGrants. Current emphasis is on ensuring a
    successful fiscal year 2022 award making season, which includes
    improvements in application submission, application review,
    transmitting commitments, and obligations to DOJ's Financial Management
    System. This fiscal year we have increased the number of development
    teams from six to eight, which has allowed us to release more updates
    into the system in less time to improve the user experience. OJP
    reports that a recent examination of service desk tickets in April of
    this year compared to the same time last year indicated a 52 percent
    reduction in calls. The types of calls have also shifted significantly
    from system issues and walking users through actions in the system to
    assisting grantees with password re-sets and making role assignments.
        OJP reports that it provides significant outreach and support to
    users on how to apply for funding opportunities in the new system and
    manage grants once awarded. Similar to last year, the JustGrants team
    is hosting ``Application Mechanics'' webinars for applicants and
    continues to provide four weekly sessions for users to receive live on-
    the-spot technical assistance to carry out actions within the grants
    management system. To respond to the peak periods of the application
    season, the JustGrants Service Desk is extending hours and will add
    staff to meet demand.
        DOJ obtains internal and external user feedback through a variety
    of means such as weekly office hours for users and training and webinar
    feedback forms. DOJ uses this information to improve system
    functionality, usability, training resources, and support services. It
    is and will remain a priority of DOJ to continue to evolve and improve
    the system over time to bring more benefits to applicants, grant
    recipients, and Department personnel across the grants lifecycle.

                                     ______

                QUESTIONS SUBMITTED BY SENATOR SUSAN M. COLLINS
        Question. Rapid disbursements, generous benefits, and suspensions
    of traditional verification requirements during the pandemic rendered
    unemployment insurance (UI) programs ripe for fraud. According to the
    Department of Labor Office of the Inspector General, at least $163
    billion of the estimated $872.5 billion in pandemic-related UI payments
    could have been paid improperly, with a significant portion
    attributable to fraud. While state and Federal law enforcement have
    recovered some funds, much more must be done.

      A.  DOJ's budget request recognizes combating pandemic fraud as a
                ``Priority Goal.'' How will this designation help DOJ
                combat pandemic fraud?
        Answer. The President's fiscal year 2023 Budget requests an
    additional $41.2 million to combat pandemic fraud. These additional
    resources will allow the Department to fund analysts tasked with
    identifying connections between irregularities in the large volume of
    pandemic benefit data collected and under collection, which will result
    in potential criminal leads. These additional resources will also
    permit the staffing of strike teams to pursue the leads that analysts
    develop, transforming the raw data into actionable criminal
    investigative matters. And these additional resources will fund agents,
    analysts, and prosecutors in the field who will open criminal matters
    and use the powerful tools of legal process to investigate the networks
    of fraudsters who stole billions in pandemic relief funds. In sum,
    these resources will increase the likelihood that we identify fraud
    proceeds and restore them to the Treasury, in amounts far greater than
    the funds provided for this effort.

      B.  During its investigations, has DOJ or any of its partners
                identified any international criminal organizations
                responsible for this fraud?

      C.  Do any such organizations have ties to the Russian government?

        Answer. Questions 1B and 1C: With respect to investigations and
    resolutions that have been made public, the Department's Director for
    COVID-19 Fraud Enforcement advises that several cases have involved
    foreign actors seeking to exploit pandemic relief packages for personal
    gain. For example, last month Federal prosecutors in the Western
    District of Washington secured a guilty plea from a Nigerian citizen
    who used the stolen identities of more than 20,000 Americans to file
    for more than $2 million in government benefits, including from
    multiple state unemployment insurance benefit systems during the
    pandemic. See https://www.justice.gov/usao-wdwa/pr/nigerian-citizen-
    pleads-guilty-covid-19-unemployment-fraud-washington-and-17-other.
        In addition, as a general matter, our law enforcement partners
    advise that stolen personally identifiable information (PII) is the
    fuel that drives much of the pandemic relief fraud, and a vast amount
    of PII has been stolen by international criminal cyber actors and is
    sold online. In the coming days, the Department will be announcing the
    launch of specialized pandemic fraud Strike Force Teams in key
    districts across the country. These Strike Force Teams will supplement
    the hard work underway throughout the Department, including by
    targeting fraud committed by overseas actors who steal the identities
    of American workers to further their criminal ends and who have
    victimized other Americans by tricking them into moving money from our
    shores to foreign countries.

                                     ______

                  QUESTIONS SUBMITTED BY SENATOR JOHN KENNEDY
        Question 1. Federal Correctional Complex Oakdale and Federal
    Correctional Complex Pollock are Federal prisons facilities in
    Louisiana. FCC Oakdale and FCC Pollock are experiencing twin crises
    that many other Federal prisons across the nation face: correctional
    officers are overworked and understaffed. The dangers faced by these
    correctional officers cannot be overstated. My constituents back home
    in Louisiana are concerned about this issue--and so am I.
        In 2017, the Department of Justice eliminated all existing
    vacancies within the BOP-- approximately 5,000 positions nationwide--in
    an effort to downsize the agency. This decision lowered the total
    number of approved positions at facilities like FCC Oakdale and FCC
    Pollock. Nearly 5 years later, this has led to chronic staffing
    shortages. Congress attempted to correct this issue in 2021 and again
    in 2022 when it provided funding to the BOP in the respective Omnibus
    bills directing BOP to hire staff across the Federal prison system so
    that levels would equal those from before the position elimination.
        BOP has failed to carry out Congress's instruction, and it is
    instead lowering the total amount of positions. For example, in January
    2016, FCC Oakdale had 501 positions filled out of 550 total positions
    authorized (46 vacancies). As of April 2022, FCC Oakdale has only 416
    positions filled out of 467 total positions authorized (46 vacancies).
    In 2018, FCC Pollock had 365 positions filled with 426 total positions
    authorized. Now there are only 313 positions filled with 368 total
    positions authorized. BOP pretends that it has met the January 2016
    staffing levels as directed by Congress, but the reality is that there
    are fewer total positions authorized across both Federal prison
    complexes. This has led to augmentation--forcing non-correctional
    officers, such as teachers and counselors, to perform the duties of
    correctional officers--and mandatory overtime for correctional officers
    already facing exhaustion and fatigue.
        Per the Joint Explanatory Statement to the 2021 Omnibus, the BOP
    was instructed ``to improve hiring policies to ensure that, within the
    funding provided, it can promptly fill existing and future vacancies in
    order to staff its 122 Federal facilities at January 2016 levels, and
    forgo further position eliminations.'' The Joint Explanatory Statement
    to the 2022 Omnibus stated ``BOP is expected to hire additional full-
    time correctional officers in order to reduce the overreliance on
    augmentation and improve staffing beyond mission-critical levels in
    custodial and all other departments, including medical, counseling, and
    educational positions.''
        Since the BOP has ignored congressional instruction, the situation
    has grown dire. Prison housing units at the low security facility at
    FCC Oakdale often only have one correctional officer to monitor inmates
    within that housing unit. Correctional officers at FCC Oakdale are
    often forced to work double shifts in order to make up for staff
    shortages, which leads to exhaustion and fatigue. Non- correctional
    officers, such as teachers and counselors, are being forced to work as
    correctional officers in order to make up for staff shortage.
    Correctional officers at FCC Pollock are frequently mandated to work
    16-hour days, apparently with no breaks between 8-hour shifts.
    Augmentation occurs there, too. This is unacceptable. Recently a member
    of my staff visited the Federal prisons in Oakdale and Pollock,
    Louisiana. He observed staffing shortages at these facilities
    firsthand. During his visit to the United States Penitentiary at FCC
    Pollock, two inmates attacked and stabbed another inmate with hand-made
    metal shanks. As a result, a housing unit was placed on lockdown and an
    ambulance was called, with the ambulance operator ultimately requesting
    a medivac helicopter.

      A.  Can you commit in writing that the Department of Justice will
                faithfully ensure that all 122 Federal prisons in this
                country, including those in Oakdale and Pollock, Louisiana,
                will receive the appropriate level of funding pursuant to
                the instructions from this Committee?

        Answer. As I made clear in my testimony before this Committee on
    April 26, 2022, maintaining a safe and humane correctional system is a
    critical responsibility of the Justice Department. In particular,
    ensuring that all 122 BOP facilities are fully staffed by professionals
    with the necessary skills and expertise to ensure a safe and humane
    prison system is a priority for the Justice Department. That is why in
    fiscal year 2023, the President's Budget requests a total of $8.18
    billion for BOP to ensure the health, safety, and wellbeing of
    correctional staff and incarcerated individuals. The Justice
    Department's fiscal year 2023 request would allow BOP to hire more than
    700 new correctional officers and nearly 600 new First Step Act staff.

      B.  What steps are the Department of Justice taking to reduce
                augmentation of positions within BOP and mandatory overtime
                of correctional officers?

        Answer. BOP reports that through the first half of fiscal year
    2022, documented augmentation hours have decreased compared to each of
    the past two fiscal years. BOP further reports that it has contracted
    with an outside consultant, NTT Data Services, to create a new tool
    that will help BOP make real-time staffing calculations and predictive
    forecasting for staffing needs, which will help BOP better understand
    and address the overuse of augmentation and overtime. Currently, BOP is
    working closely with the vendor and the study is moving along. BOP
    anticipates that, as soon as this summer, it will be able to start
    testing a new tool for making staffing projections.

      C.  When will the staffing numbers at FCC Oakdale and FCC Pollock be
                adjusted to reflect the staffing positions of January 2016
                as directed by Congress?

        Answer. BOP reports that it has contracted with a consultant to
    assist it in determining the appropriate staffing level at all
    institutions. BOP further advises that any adjustments to BOP's
    staffing levels are contingent upon affordable FTE levels determined by
    receiving adequate funding from Congress. BOP's affordable FTE level in
    2016 was 37,565. In fiscal year 2021, BOP's affordable FTE level was
    35,161. This reflects a reduction of over 2,000 FTE.
        According to BOP, any adjustments to return to the 2016 staffing
    levels will require additional FTEs and adjustments to ensure adequate
    positions at all institutions.

      D.  Have non-correctional officers tasked with correctional officer
                responsibilities been adequately trained to meet
                departmental standards?

        Answer. BOP reports that employees working in institutions,
    regardless of their position, receive the same basic law enforcement
    training in correctional duties and are required to successfully
    complete this training as a condition of their employment. As a result,
    they all receive Law Enforcement Officers pay, are covered under the
    LEO retirement system, and are expected to perform correctional duties
    and functions as needed.

      E.  How much overtime has been used at FCC Oakdale and FCC Pollock
                between April 1, 2021, and April 1, 2022?

        Answer. BOP advises that overtime costs during this time period
    were approximately $3.2 million for FCC Oakdale and approximately $6.2
    million for FCC Pollock.

        Question 2. Over a year ago now, I submitted Questions for the
    Record (QFRs) to the Federal Bureau of Prisons, which operates under
    the Justice Department, after Director Michael Carvajal testified
    before the Senate Judiciary Committee's April 2021 hearing titled
    ``Oversight of the Federal Bureau of Prisons.'' Director Carvajal never
    responded to my questions. I sent two additional oversight letters
    regarding BOP funding to Director Carvajal on July 15, 2021 and
    December 14, 2021, respectively, without response.

      A.  As the country's chief law enforcement officer, will you ensure
                that I receive substantive responses to Questions for the
                Record and oversight letters?

        Answer. Yes. BOP reports that its responses both to your oversight
    letters dated December 14, 2021 and July 15, 2021 as well as all
    outstanding Questions for the Record that Director Carvajal has
    received will be substantive and submitted to Congress in short order.
        Under the previous administration, the Justice Department's China
    Initiative ``reflect[ed] the strategic priority of countering Chinese
    national security threats'' by prosecuting individuals who committed
    espionage to benefit the Chinese government. In 2022, the Justice
    Department ended the program.
      A.  Are you aware that FBI Director Christopher Wray concluded that
                the espionage threat posed by China is the most
                ``unprecedented in history''? Is the FBI wrong?

        Answer. Director Wray and I are fully aligned in both our
    assessment of the threats posed by the government of the People's
    Republic of China (PRC) and the Justice Department's response to those
    threats. The Department--including the FBI--is committed to taking a
    comprehensive approach that draws on the full extent of our tools and
    authorities to address the alarming rise in illegal and nefarious
    activities from the PRC government.

      B.  Do laboratories and businesses continue to face threats of
                economic espionage and intellectual property theft by the
                Chinese?

        Answer. Yes, laboratories and businesses continue to face
    significant threats of economic espionage, intellectual property theft,
    and threats to research integrity and security by the Chinese
    government and its policies. The Department is committed to using all
    available legal tools to prevent and address that activity, including
    partnership with research funding agencies and appropriate criminal
    investigations and prosecutions.

      C.  What Departmental programs or tools remain in place to protect
                the country against Chinese counterterrorism, espionage,
                and intellectual property theft?

        Answer. The Department continues to employ a rigorous, all-tools
    approach. In addition to opening criminal cases, where appropriate, the
    Department is actively engaging with and sharing information with the
    companies, universities, and international and local governments whose
    technology, innovations, research, and information may be at risk. The
    Department also chairs the Committee for the Assessment of Foreign
    Participation in the United States Telecommunications Services Sector,
    which advises the Federal Communications Commission on national
    security and law enforcement concerns associated with applications for
    telecommunications licenses meeting certain thresholds of foreign
    ownership or control.
        We are committed to protecting the country against the threats
    posed by the government of the PRC--in particular, espionage, cyber
    intrusions, and theft of intellectual property. As the Assistant
    Attorney General for the National Security Division said in February,
    the Department ``will be relentless in defending our country from
    China,'' and will ``continue to prioritize and aggressively counter the
    actions of the PRC government that harm our people and our
    institutions.'' There has been no change in tools or resources
    allocated to address threats from PRC government policies, including
    espionage and intellectual property theft.

                                     ______

                  QUESTIONS SUBMITTED BY SENATOR BILL HAGERTY
        Question 1. Despite the fact that marijuana is illegal at the
    Federal level, some states do not prohibit its usage under state law.
    How do drug usage rates, the number of drug prosecutions, and other
    drug abuse and addiction metrics compare among states that allow or
    prohibit marijuana usage under state law?

        Answer. The Department does not have the data to undertake the
    comparison requested in the question. For example, DEA reports that it
    does not track drug usage rates, the number of drug prosecutions, or
    other drug abuse and addiction metrics. Nor has the Department--as far
    as I am aware--conducted any analysis or research along the lines
    contemplated by the question.
        Last year, President Biden issued Executive Order 14006, which
    directed the Attorney General not to renew U.S. Marshals Service (USMS)
    contracts for contractor-operated criminal detention facilities.
        This executive action was poorly conceived and short-sighted.
    Specifically, the Administration did not consider its significant
    consequences for the USMS and the American people. This executive order
    is harming detainees by forcing their relocation to less-safe and less-
    humane facilities that are often hours away from their families and
    counsel.
        This decision seems to have been driven by politics, rather than
    internal or external analysis or budget or logistical justifications
    regarding the impact of this decision on the justice system. In light
    of this misguided executive action, the USMS did not renew contracts
    with a facility in West Tennessee and a facility in Kansas and is in
    the process of declining to renew others.
        The USMS should have the flexibility to contract with private
    facilities for pretrial criminal detention when doing so best
    accomplishes its mission and is in detainees' interests.
        The fiscal year 2022 Omnibus Appropriations Act gave your
    Department the discretion to take appropriate action where necessary to
    account for a lack of suitable government-operated detention space. So
    far, though, your Department has not used this discretion.

        Question 2. Have there been any internal or external reviews or
    analyses regarding the implementation of Executive Order 14006? If so,
    please describe these reviews and analyses.

        Question 3. Has your Department or its Inspector General evaluated
    the impact of Executive Order 14006 on the justice system?

        Answer. Questions 2-3: With respect to Justice Department reviews
    and evaluations regarding the implementation of Executive Order 14006,
    including the impact on the justice system, the United States Marshals
    Service (USMS) reports that its Prisoner Operations Division conducted
    an assessment of all Intergovernmental Agreements (IGAs) with state and
    local agencies within proximity of the private facilities under direct
    contract with USMS. The USMS assessment examined IGA bedspace
    availability within 150 miles of the affected Federal courthouses to
    determine whether private facility populations could be absorbed. The
    Federal Bureau of Prisons (BOP) reports that it conducted a
    simultaneous review of its facilities proximate to USMS private
    detention facilities to determine bedspace suitability and availability
    for USMS needs. BOP has provided over 1,800 beds (over and above
    bedspace already provided for USMS use) to assist USMS in complying
    with EO 14006.
        In addition, USMS and the Justice Management Division report that
    they have developed an initial analysis of implementation costs based
    on rough estimates of the average IGA population, the number of
    facilities required to accommodate the displaced detainees, and
    transportation requirements to support the distance and dispersion of
    detainees among many facilities. Since completion of the initial
    assessments, USMS reports that it has continued to review options for
    safe, secure housing of detainees being relocated as a result of EO
    14006, including whether contract extension clauses are necessary.
        With respect to any evaluation of the impact of Executive Order
    14006 on the justice system conducted by the Inspector General, we
    would respectfully refer you to the Justice Department's Office of the
    Inspector General.

        Question 4. Have the Bureau of Prisons and the U.S. Marshals
    Service been efficient and cost- effective with respect to sharing
    facilities and services in the past?

        Answer. USMS and BOP have a history of working closely together on
    matters involving the detention and transportation of Federal inmates,
    and routinely collaborate to maximize USMS bedspace usage at Federal
    facilities. USMS and the BOP have an ongoing Memorandum of
    Understanding (MOU) under which the BOP makes more than 11,000 beds
    available at 26 facilities in major metropolitan areas such as Los
    Angeles, San Diego, Philadelphia, Chicago, and Houston. In some of
    these locations--Miami, Los Angeles, New York, Seattle, and San Diego--
    USMS maximizes nearly every bed the BOP has allocated for USMS use.
        As part of the USMS-BOP coordination on EO 14006, the BOP has
    helped provide solutions to critical USMS detention requirements due to
    a facility closure in the District of Kansas (Leavenworth). In
    addition, BOP has made facilities available to USMS in Pennsylvania and
    North Carolina to assist with pre-sentencing detention housing
    shortages unrelated to EO 14006.

        Question 5. Do you believe that a decision of this magnitude with
    wide-ranging impacts on the criminal justice system merited an analysis
    regarding its likely and potential effects prior to implementation?

        Answer. As noted, the Department has conducted assessments and
    reviews. With respect to the impact on the criminal justice system, the
    executive order explains that the Federal government ``has a
    responsibility to ensure the safe and humane treatment of those in the
    Federal criminal justice system,'' and that ``privately operated
    criminal detention facilities do not maintain the same levels of safety
    and security'' for incarcerated individuals and correctional staff. We
    will continue working to implement the executive order in responsible
    fashion.

                                     ______

                   QUESTIONS SUBMITTED BY SENATOR MIKE BRAUN
        Question 1. Nearly 1 month ago, on March 29, Senator Lankford and
    I, alongside six other colleagues, sent a letter to you regarding the
    Department of Justice's October 4, 2021, memorandum directing the FBI
    to target parents expressing concerns at school board meetings.
        During a hearing before the House Judiciary Committee in October,
    you admitted that the National School Boards Association's September
    29, 2021 letter, proven by emails obtained through FOIA requests to
    have been solicited by Secretary Cardona, was the foundation for your
    memorandum--not data.
        You have not responded to our letter and provided data proving the
    need for such allocation of finite Department resources nor have you
    rescinded this offensive memo even after the National School Boards
    Association publicly apologized for the September 29 letter.

      A.  What data do you have that this is an issue that warrants Federal
                intervention and why does it take a month to reply?

      B.  Do parents have a right to express concerns to their local school
                board?

      C.  Who is the primary stakeholder in children's education?

        Answer. 1A, 1B, 1C: As I said in my congressional testimony last
    October, it is the job of parents to be involved in the education of
    their children, and it is ``the role [of] the First Amendment to
    protect their ability to be involved.'' That is why the October 4,
    2021, memorandum makes absolutely clear in the first paragraph that
    ``spirited debate about policy matters is protected under our
    Constitution.'' These protections clearly and importantly cover debate
    concerning school board policies.

        Question 2. As of the date your response, what is the number of
    Firearms Technology Industry Services evaluation requests still pending
    a final determination response from ATF to the requesting party?

        Answer. ATF reports that, as of May 13, 2022, Firearms Technology
    Industry Services (FTISB) has 222 evaluation requests pending final
    determination. These 222 cases are comprised of 105 stabilizing brace
    and frame or receiver determinations submitted over 1 year ago; 20
    receiver determinations submitted under 1 year ago; 80 import
    evaluations less than 60 days old; and 17 domestic evaluations of
    various types submitted recently. ATF further reports that frame or
    receiver determinations and stabilizing brace determinations have been
    delayed because of Department rulemaking on these subjects.

      A.  Of the pending evaluation requests disclosed in response to
                question 1, how many of them have been pending for over 1
                year?

        Answer. ATF reports that 105 evaluation requests are pending for
    longer than 1 year.

      B.  How many of them have been pending for over 2 years?

        Answer. ATF reports that 76 evaluation requests have been pending
    longer than over 2 years.

      C.  What is ATF's current processing time for ATF Form 6 Import
                Permits, and Forms 4, respectively?

        Answer. ATF reports that processing the ATF Form 6 Import Permit
    currently takes an average of 45 days. ATF reports that processing the
    ATF Form 4 currently takes an average of 10 months for a paper form and
    90 days for an e-Form.

        Question 3. Can the regulated public rely on the guidance posted on
    ATF's website as the current position of the agency?

        Answer. Yes. ATF routinely checks its website in an effort to
    ensure instructional information is current, within prevailing policy,
    and authorized by the associated statutes and regulations.

        Question 4. When ATF determines that guidance posted on their
    website is ``wrong'' or represents a misinterpretation of law, does the
    ATF take steps to clarify this with the public and how long does that
    process take? Is there currently any guidance that the agency considers
    incorrect or contrary to law?

        Answer. ATF reports that guidance it posts is carefully reviewed
    prior to issuance and that posted guidance reflects the most complete
    analysis of the law and facts at the time the guidance is made
    available to the public. ATF reports that it is unaware of any current
    guidance that is incorrect or contrary to law.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. The hearing is adjourned.
        [Whereupon, at 12:05 p.m., Tuesday, April 26, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2023

                                  ----------

                              TUESDAY, MAY 3, 2022

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

        The subcommittee met, pursuant to notice, at 10:04 a.m., in
    room SD-192, Dirksen Senate office Building, Hon. Jeanne
    Shaheen (Chair), presiding.
        Present: Senators Shaheen, Van Hollen, Moran, Capito, and
    Braun.

    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND THE NATIONAL SCIENCE
                                   FOUNDATION

                    OPENING STATEMENT OF HON. JEANNE SHAHEEN

        Senator Shaheen. Just for the record, we will no longer
    take people asking questions in virtual format, so people will
    be here in person, and we will take people in order of arrival
    for questions.
        This is really a pivotal moment for the prosperity and
    security of the United States and democracies around the world.
    At the Defense Appropriations Subcommittee, which is also
    meeting right now, Secretary of Defense Lloyd Austin and
    Chairman of the Joint Chiefs Of Staff Mark Milley are
    discussing resources needed to meet the military challenges
    from Russia, China, and others around the world. But the
    agencies that are represented here that each of you represent--
    the National Aeronautics and Space Administration (NASA) and
    the National Science Foundation (NSF) are also key to standing
    up to the challenges facing our country. So it gives me great
    pleasure this morning to welcome NASA Administrator Bill Nelson
    and NSF director--I am going to call you Dr. Panch for ease of
    statement. So thank you both for being here this morning. It is
    really good to see you again, and I am delighted that our
    Ranking Member has joined us.
        Just to clarify, again, for the record, we have about four
    hearings going on in the Senate this morning, so we are not
    sure who will be able to attend, but Senator Moran and I, I
    know, have lots of questions, so we will be able to cover so
    many issues that are going to be important as we look at the
    appropriations process.
        The programs that each of you manage are on the frontlines
    of bolstering the Nation's cybersecurity, training teachers,
    technicians, explorers, and entrepreneurs, developing
    industries of the future, and understanding the existential
    threat of climate change. This subcommittee wants the next pair
    of boots on the moon, the next Nobel Prize-winning discovery,
    and the next paradigm-changing technology company to be made in
    the USA, or, from my perspective, better yet, the Granite
    State. I am sure Senator Moran feels that way about his home
    State of Kansas.
        We know in New Hampshire that manufacturers have what it
    takes to cut it in space. We have local companies much like
    Mikrolar, a contractor for NASA, who is a continued contributor
    of technology and supplies to NASA programs, but we cannot take
    our continued leadership for granted. Our global competitors,
    including China--especially China--are investing heavily in
    scientific and technological innovation, and if we want to see
    sustain our scientific leadership, and the economic prosperity,
    and national security that it affords, we have to continue to
    keep peace.
        When the U.S. Government was shut down in 2019 due to
    partisan bickering--a disagreement in the Senate over the
    budget--China was landing on the dark side of the moon. We are
    not going to be able to compete if that is the choice that we
    have. Now, I do not want to focus on the past, but we need to
    learn from it so that we do not repeat it. Most critical, it is
    a reminder of what is at stake in this global competition. That
    is why I am pleased that the fiscal year 2022 omnibus provided
    the largest increase to NSF in more than a decade and a $770
    million increase for NASA. I am also pleased that Congress is
    currently in the midst of a bipartisan conference on
    significant legislation to advance the mission of both these
    agencies, the U.S. Innovation and Competition Act, which is the
    name of the Senate version of the bill.
        President Biden's fiscal year 2023 budget for NASA and NSF
    build on this progress and keep the Nation moving in the right
    direction. For NASA, the fiscal year 2023 request is nearly $26
    billion, an increase of $1.9 billion, or 8 percent, above the
    fiscal year 2022 enacted level. The President's request
    includes $10.5 billion for NSF. This is an increase of $1.65
    billion, or 19 percent, above the fiscal year 2022 enacted
    level. There is a lot to like in these requests. I am sure that
    each of you would have liked more, but I think this is an
    increase that can be put to good use, and I know that both
    Agencies plan to expand climate research.
        NASA is asking for $2.4 billion in earth science research
    and more than $500 million to lessen the impact of aviation on
    the climate. NSF's budget includes a total of $1.55 billion for
    climate and clean energy research as we work to enhance our
    energy security and create energy efficiency and renewable
    energy jobs. Most important, the request invests in people with
    $150 million for STEM engagement at NASA and $1.4 billion for
    NSF's renamed Directorate for STEM Education. And this is a
    major priority for me because I have seen how critical it is to
    our economy in New Hampshire and to the economy in the country.
        I was just at a ribbon-cutting yesterday for BAE systems,
    which makes critical parts for the F-35 and a lot of our
    warfighting equipment, and they are hoping to hire several
    hundred more jobs in New Hampshire. And when I asked them what
    is your biggest challenge, it was workforce. It was finding
    those STEM-educated workers who can come in and do the jobs,
    the engineers, the scientists that they need. And so the work
    that you are doing in that area, both NASA and NSF, is really
    critical. This is, of course, a point of pride for New
    Hampshire as well because of the home--we are the home of
    Christa McAuliffe and Alan Shepard, who are both revered
    Granite Staters and emblems of STEM education.
        The same sentiment is shared by our academic institutions
    that are highly respected around the country for their
    aerospace research and innovation. And as we were discussing,
    Senator Administrator Nelson, we are immensely proud of the
    University of New Hampshire Space Center, which was recently
    selected by NASA to research the earth-sun environment. As one
    of the two winners of the Heliophysics Medium-Class Explore
    Competition, the $250 million will improve our understanding of
    the dynamics of the sun, its connection to the earth and the
    universe.
        NASA's budget request will land the next humans on the moon
    and return soil samples from Mars, while NSF seeks to create
    jobs and maintain U.S. leadership on critical technologies that
    will define the next several decades, technologies like
    artificial intelligence and quantum computing through the new
    Directorate for Technology, Innovation, and Partnerships, and I
    am really looking forward to hearing more about that in your
    testimony. There are also a few challenging items in these
    requests. In particular, I am concerned with the proposed cuts
    to NASA heliophysics and an overall lack of resources to
    address recent decadal surveys, and astrophysics, and planetary
    science at both agencies.
        So in conclusion, I believe that we must continue to look
    toward the next frontiers of science and space, and I am
    looking forward to the launch of Artemis 1 this summer. I
    understand that Senator Moran is also looking forward to that.
    I support NASA and NSF because these agencies inspire us with
    curiosity-driven research and exploration, and I think
    curiosity is one of the most important aspects of the human
    condition. So we thank you--both of you for what you do to
    answer questions that we want to know about.
        So with that, let me recognize the vice chair and one of
    the conferees of the United States Innovation and Competition
    Act, Senator Moran.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chairwoman, thank you very much. I
    appreciate hearing your enthusiasm. You and I are involved in a
    lot of hearings, in this subcommittee and others, and I would
    hate to admit that none of--that any of them are ones that I am
    not excited about being at. But if there is a level of
    enthusiasm for a subject for a hearing, it is this one, and it
    is nice to have the two of you here today together. And I
    certainly welcome our former colleague, Administrator Nelson,
    and Director Panchanathan to this hearing.
        I want to start by thanking Panch for visiting Kansas with
    me last year. It was a highlight and very valuable certainly to
    me and I hope to you, but to the people, the students that we
    spent and you spent time with, and I am very grateful for that.
    And, Senator Nelson, you are, ``relentless'' may be an
    overstatement, but not far--relentless in your willingness--
    stated willingness to come to Kansas. And it seems to be my
    schedule that is keeping that from happening, and I am going to
    make it happen shortly, and I thank you for that. There is
    great value in Americans seeing the two of you, hearing your--
    what you are about, your mission, and generating the enthusiasm
    in them. It is helpful to us as we appropriate money for our
    constituents to believe that that money is being wisely spent
    and a value to the country.
        The proposed budget for NASA is $26 billion. That is an
    increase of about 8 percent. NSF's proposed budget is $10.5
    billion and represents an almost 19-percent increase. I am
    pleased to be a conferee on USICA, and I hope that we have
    success in reaching an agreement so that that legislation can
    become law. NASA is one of the most well-known government
    agencies. In the past year, we have witnessed the successful
    launch of the James Webb Telescope, and I appreciate your
    efforts, Administrator, to see that I and four of my colleagues
    were present. We did not quite succeed. It all worked on the
    20th of December, it worked on the 22nd of December, it may
    have worked on the 24th of December, but when it was Christmas
    morning, most of our families had other plans for us on that
    day. But in addition to the James Webb Telescope, it was a year
    of research and science on Mars from perseverance and
    ingenuity, and we are eagerly awaiting the Artemis 1 launch
    that signifies our first step toward returning American
    astronauts and, in this case, a woman to the moon.
        I have been the lead Republican on this committee since the
    early days of the Artemis program and worked closely with the
    previous administrator to identify challenges ahead on what was
    needed to ensure the long-term success of Artemis missions.
    Returning to the moon and sustaining a presence there is a
    long-term goal for our Nation, and I am pleased that this
    Administration is continuing that goal. NSF's scientific
    research is no less impressive. In Kansas alone, you can go
    from a lab studying plant genomics to studying Arctic and
    Antarctic ice without leaving the State, and even without
    leaving the campus.
        We cannot rest upon our past successes, however. There is
    significant competition across the globe to be the Nation that
    unlocks the knowledge and discoveries that will drive economic
    growth and success. This research is important to our national
    security as well. We know that competition is a focus from
    investments by other nations but also from incentivizing the
    unlawful transfer of intellectual property. This is a
    recognition of the power of knowledge. It is important we are
    able to harness that power, knowledge, and inspiration as
    generated by your agencies for the good of our country. NASA
    and NSF have the opportunity to capitalize on their missions,
    to encourage students, young people across the country, no
    matter where they live, to pursue activities and careers in
    STEM. We just had a former astronaut in Kansas at the Kansas
    Cosmosphere, and we visited with 4th, 5th, and 6th graders,
    hugely a value. They had no interest in me but were very
    excited about the astronaut.
        Our country needs a workforce in each and every State that
    is ready to push the frontiers of knowledge and has the skills
    to thrive in a tech-intensive economy. Great opportunities
    within your Agencies to maintain our leadership across the
    scientific spectrum on earth and in space if we are strategic
    in our investments. We are at a time where there is severe
    unrest in the world. Russia and China continue to make
    significant gains in the space domain. It is vital that the
    United States maintain our leadership in space and in research
    and development, and I look forward to discussing the
    importance of this and the details of your proposed budgets
    being presented with us today. I thank you both for your
    leadership.
        Senator Shaheen. Thank you very much, Senator Moran.
    Senator Nelson and then Dr. Panch, do you want to give us your
    testimony?
        Senator Nelson. Thank you, ma'am. Madam Chair, if I may
    have my remarks submitted for the record, and I would like to
    just talk to you, if I may.
        First of all, I want to thank you all for the
    appropriations for 2022, and that gave us what we needed. And a
    little birdie told me that you all are seriously considering
    getting the appropriations bills out for 2023 before October 1,
    and if you do, that will be a minor miracle. All of you will
    become Merlin the magician, and--but I do believe that that is
    being seriously discussed among the leadership, and my
    compliments to Chuck Schumer and Mitch McConnell that those
    serious discussions, as well as the chairs and the Ranking of
    Appropriations, are occurring, and I hope it does. It will
    bring about certainty for all agencies of government if that,
    in fact, happens, and breaks what has become a routine
    procedure where we often wait half, at least, of a fiscal year
    before getting the appropriations and going on a continuing
    resolution of previous appropriations, which often do not have
    any application to the present. So I commend you.
        I want you to know, just to pick up on comments that both
    of you made about STEM and about kids, I have been just blown
    away by our interns. We have lots of interns, and we love our
    interns. And 30 percent of our interns end up coming to work
    for NASA, and we are going to expand our interns. They are
    reflective of what the two of you just related about seeing
    students in school, that when the subject of space comes up,
    their little eyes light up. They get excited. They are
    motivated. It is a subject matter of which it is a window into
    the items that are absolutely critical for the future of the
    country: science, technology, engineering, mathematics.
        We saw a bit of this several generations ago in the Apollo
    generation when that major thrust of a space achievement
    occurred for two generations of students. We saw the effects of
    a concentration on the STEM subject matter and how that rippled
    through the schools, and the colleges, and the universities,
    and produced a workforce that gave us some of the technology
    that we are experiencing today. And that is what is going to
    happen with the Artemis generation, and you all--the two of you
    have just testified to that fact by virtue of what you have
    seen, and it is extraordinary.
        We are taking it very seriously. We send our astronauts to
    a lot of schools. We send our scientists to a lot of schools.
    We are giving grants specifically in areas that have been
    overlooked in the past. This is part of our diversity outreach.
    So, for example, we have sent a space grant to the University
    of Wyoming. In the past, a lot of those rural universities did
    not have a direct relation, but we do not want those students
    in rural areas--and that is just one example--we do not want
    them overlooked. They are part of the national culture that is
    so excited about space, and technology, and so forth. So I
    wanted to comment since the two of you both mentioned it.
        You have given us the resources in which to proceed with
    the Artemis Program. It was the Apollo generation. We are going
    back to the moon. We are going to land the first woman and the
    next man. It is going to be an exciting time. But this time we
    are going back to learn, to stay, to develop new systems, new
    technologies, new techniques on how to live a long time in that
    hostile environment, because when we go to Mars, we are going
    to have to learn that, and we are going to have to learn new
    technologies, too.
        I want to urge you as an Appropriations Committee, do not
    short-sheet space technology, the R&D. We need that extra oomph
    in our research and development, and let me give you one
    example. For years, by the way, you, the Congress, has rescued
    us on the question of nuclear energy in space. As a matter of
    fact, not until this year were we able to get the Office of
    Management And Budget to agree to put, albeit a minor amount,
    it is a symbolic amount for nuclear research for space, nuclear
    thermal and nuclear electric, not only producing electricity
    where, for example, on the surface of the moon we are going to
    need a lot of electricity because if we find water, then we
    have rocket fuel. And we have got a mission going to land on
    the South Pole next year. It is going to dig around down into
    the moon's surface, and if there is water there, then we have
    that opportunity.
        So I want to commend you for how you have constantly
    supported nuclear thermal, nuclear electric, but I want to ask
    you to consider pouring on the juice because that nuclear
    propulsion would give us a way to get to Mars quicker. And if
    we can get to Mars quicker, then we do not have to stay there
    for a long, long time until the planets realign so that we can
    get back within a reasonable period of time.
        And so I could keep talking on and on. Aviation, something
    dear to Senator Moran, we are going to fly the first electric
    airplane this year. We are going to fly the first low-sonic
    boom, supersonic future transport that can fly over populated
    areas with just a little rumble instead of that boom, boom that
    goes with the existing sonic boom. There are so many things. I
    am going to wait for your questions. Both of you mentioned
    James Webb Space Telescope. My goodness, in 1 month we are
    going to have the first pictures, and it is going to be from
    light that has traveled at the speed of light, 186,000 miles
    per second, traveled for 13-and-a-half billion years. It will
    be the light in the infrared spectrum that is from the
    formation of the very first galaxies. Just think of the
    discoveries that we are going to have of this thing called the
    universe that is too big for me to even conceive it. Think of
    the questions we are going to answer of which we do not even
    know what the questions are right now as a result of what we
    are going to learn.
        And so I am going to stop there, Madam Chair. I want to
    hear from Dr. Panch, who is well-known, well-respected in his
    scientific discovery, a partner for us, and I look forward to
    hearing from you all as well.

        [The statement follows:]
        Prepared Statement of Hon. Bill Nelson, Administrator, National
                      Aeronautics and Space Administration
        Chair Shaheen and Members of the Subcommittee, I am pleased to have
    this opportunity to discuss the President's $26,000,000,000 budget
    request for NASA for Fiscal Year 2023. This budget will keep us at the
    forefront of exploration and discovery through daring and challenging
    missions like Artemis, which includes returning American astronauts to
    the Moon as early as 2025. This budget will help our Nation--and the
    world--address climate change. It provides opportunities in science,
    technology, engineering, and mathematics (STEM) education, and it
    promotes diversity, equity, inclusion, and accessibility (DEIA)
    throughout the Agency and with our partners. It's an investment to
    support good-paying jobs and the businesses and schools that partner
    with NASA in all 50 States. Finally, this budget reaffirms the
    Administration's confidence in the extraordinary NASA workforce that
    has dared to do the impossible for more than six decades. This year, we
    adopted the mission statement ``NASA explores the unknown in air and
    space, innovates for the benefit of humanity, and inspires the world
    through discovery.'' This is a budget that will allow us to fulfill
    those goals and serve those ideals. While my five minutes doesn't allow
    me time to describe NASA's more than 100 missions in development and
    operation, I would like to highlight a few for you today.
        Soon, the Space Launch System, the most powerful rocket NASA has
    ever built, topped by the Orion spacecraft, will lift off from historic
    Launch Complex 39B at the Kennedy Space Center for its maiden voyage
    around the Moon. This mission--Artemis I--will take the Orion
    spacecraft and science payloads around the Moon, as well as test out
    systems in preparation for Artemis II--the first crewed launch,
    scheduled for 2024. After these test flights and as early as 2025, NASA
    will launch Artemis III, returning U.S. astronauts to the surface of
    the Moon. The next generation of moonwalkers will more strongly reflect
    the diversity of the Nation. During the Artemis campaign, NASA will
    land the first woman and the first person of color on the Moon--but the
    Moon is a steppingstone to further exploration. With annual missions to
    build out our lunar infrastructure, including the Gateway--a new
    international space station in lunar orbit--NASA astronauts will learn
    to live and work on and around the Moon in preparation for future
    exploration of Mars. This budget invests approximately $7.5 billion in
    Exploration, including key elements for a robust and sustained presence
    at the Moon including an upgraded launch capability; sustained lunar
    lander capability; lunar robotic missions; lunar science;
    communications infrastructure; next-generation spacesuits; safe,
    reliable, and continuous surface power systems; and surface mobility
    systems. And, with projects to test technologies that would allow for
    human exploration of Mars, we are advancing toward the Red Planet.
        The budget includes approximately $4.3 billion for Space
    Operations, continuing support for the International Space Station,
    which the Administration has proposed extending through 2030, while
    stimulating the growth of the low-Earth orbit economy by working with
    industry to develop commercial space stations. These investments will
    pave the way for continuity of sustained U. S. presence in orbit and
    create scientific and economic opportunities.
        This budget increases funding for NASA's Space Technology research
    and development portfolio to $1.44 billion, to develop essential
    technologies that enable NASA's future missions to the Moon, Mars and
    beyond, while ensuring our technology investments also support the
    space economy. Space Technology has more than 1,400 technology projects
    and approximately 140 planned flight demonstrations. Soon, we will send
    the CAPSTONE CubeSat to the Moon as a pathfinder for the Artemis
    program. CAPSTONE will collect data and test navigation technologies in
    the unique orbit planned for Gateway. Other notable Space Technology
    investments that support exploration of the solar system include those
    in fission surface power and nuclear propulsion. Through this budget,
    NASA will continue working with academia, and form strategic commercial
    collaborations using joint investments with industry to develop
    important technology solutions that support new space economies in low-
    Earth orbit and at the Moon. This work increases the Nation's space
    capabilities, supports job creation, and enables NASA to focus on
    missions farther into the solar system than ever before.
        This request emphasizes NASA's role in addressing climate change,
    as a leading provider of Earth systems science and data. With this
    budget, the Agency will start to build a future Earth System
    Observatory: an array of satellites, instruments, and missions that
    will generate a 3D, holistic view of the entire planet. From bedrock to
    atmosphere, the Earth is a system. As that system changes, NASA will
    help measure and understand the nature of that change. This request
    also reflects a renewed emphasis on providing actionable data and
    information to a broad range of users. NASA is planning an Earth
    Information Center that will make climate data and information more
    accessible and usable for Federal, State, and local government leaders,
    researchers, as well as the public. These efforts will be implemented
    in coordination with other agencies and partners.
        The recent, remarkable launch of the James Webb Space Telescope
    demonstrated NASA's innovation alongside international partners and
    inspired the world. Faced with 344 single points of failure, the NASA
    team poured hard work and ingenuity into this project, and pulled it
    off flawlessly. This summer, we will see its first scientific images,
    revealing the stars and galaxies that formed more than 13 billion years
    ago, just after the beginning of the universe--a period of cosmic
    history never before observed. Again, we will bring the world together
    through the unique science from an ambitious NASA mission.
        Building on this success, this request is the largest request for
    science funding in NASA history at nearly $8.0 billion. The President's
    budget request enables NASA to explore solutions for bringing the
    samples of Martian rock and soil collected by the Perseverance rover to
    Earth through the Mars Sample Return mission. This budget supports over
    100 science missions and 10,000 U.S. scientists through more than 4,000
    research awards across astrophysics, heliophysics, Earth science,
    planetary science, and biological and physical science.
        The budget provides more than $971,000,000 to advance U.S.
    leadership in the civil aviation manufacturing sector, with over half
    of that amount targeted to reduce the climate impacts of the aviation
    industry. This year, NASA will start test flights on our Low Boom
    Flight Demonstrator, which will enable environmentally and socially
    acceptable supersonic passenger flights, opening new markets for
    American companies and workers, and the X-57 Maxwell, an all-electric
    aircraft. This request also accelerates plans for a new experimental
    ``X'' plane focused on sustainability. Under the Sustainable Flight
    National Partnership, NASA and U.S. companies will develop and fly a
    highly efficient, next-generation airliner prototype as early as 2026.
    NASA investments will result in safer skies, smoother passenger
    experiences, and faster, more sustainable aircraft.
        NASA continues to invest in engaging students, educators, and
    educational institutions to attract diverse groups of students to
    Science, Technology, Engineering, and Mathematics (STEM). This includes
    funding that supports learning opportunities that spark interest and
    provide connections to NASA's mission and work; creating unique
    opportunities for a diverse set of students to contribute to NASA's
    work; and building a diverse future STEM workforce. The Office of STEM
    Engagement (OSTEM) leads NASA's STEM engagement function, providing
    strategic guidance and direction in partnership with the mission
    directorates. In fiscal year 2023, the budget request includes
    $150,000,000 for OSTEM, supporting the National Space Grant College
    Fellowship Project (Space Grant); Minority University Research and
    Education Project (MUREP); Established Program to Stimulate Competitive
    Research (PSCoR); and Next Generation STEM Project (Next Gen STEM).
        NASA fully supports the Biden-Harris administration's vision to
    affirmatively advance equity, civil rights, racial justice, and equal
    opportunity for all. The Agency launched its Equity Action Plan in
    April 2022, a comprehensive effort to assess and examine the potential
    barriers and challenges that exist for communities that are
    historically underrepresented and underserved in the aerospace and STEM
    fields. NASA is assessing its programs, procurement processes and grant
    policies to identify systemic barriers that limit representation and
    participation of a diverse community of students and professionals.
    When we enable individuals to inclusively participate, we provide space
    for all possible talent, skills, knowledge, perspectives, ideas,
    thinking, problem-solving, and innovations. This empowers NASA to
    achieve the greatest success in discovering and expanding knowledge for
    the benefit of all humanity.
        With each great step, NASA magnifies its presence as a unifying
    symbol of possibility and inspiration. At every opportunity, NASA
    endeavors to educate and inspire. With every breakthrough, we seek to
    generate more than incredible data--we help to create the next
    generation of scientists, engineers, and explorers who will be the
    innovators of the future. The American story is about discovery,
    innovation, and a relentless spirit to push forward--and upward. This
    budget allows NASA to continue our journey to enable a new era filled
    with boundless optimism and limitless possibilities for all humanity.

        Senator Shaheen. Thank you very much. Dr. Panch?
    STATEMENT OF HONORABLE SETHURAMAN PANCHANATHAN,
                DIRECTOR, NATIONAL SCIENCE FOUNDATION

                   NSF'S FISCAL YEAR 2023 BUDGET TO CONGRESS

        Dr. Panchanathan. Thank you so much. It is truly a delight
    to testify with you. As you said, NASA is a great partner. Good
    morning, Chair Shaheen, Ranking Member Moran, and Members of
    the Subcommittee. It is truly an honor to appear to you--appear
    with you again today to discuss the President's fiscal year
    2023 budget request and the many ways in which the National
    Science Foundation is accelerating discovery and innovation, as
    I say, at speed and scale for the benefit of all Americans. I
    would like to start by thanking this Committee for your
    continued support of NSF. Your leadership has been and will
    continue to be central to keeping the United States the global
    leader in science, engineering, and technology.
        For more than 70 years, NSF has been a catalyst for
    economic growth and job creation in the United States. You do
    not have to look hard to see the profound impact of the Agency.
    The Internet, 3D printing, smartphones, and the networks that
    power them, and even the CRISPR technologies that were
    foundational in the development of COVID tests and vaccines,
    and disease-resistant crops, are just a few examples of how
    NSF's investments have benefited every American.
        However, we currently face challenges to our scientific
    leadership. You both spoke about that. Other nations are
    seeking to replicate our success, our unique innovation
    ecosystem, and to control the future of critical technologies,
    like AI and Quantum Information Science. Our economic and
    national security depends on our ability to invest heavily in
    the technologies of today while making the discoveries that are
    the foundation for the technologies of tomorrow and the future.
    We must see growth everywhere by building ecosystems of
    innovation in every region of our country, and we must harness
    our domestic talent across every demographic and geographic
    background to unlock the true potential of our workforce.

                   NSF'S FISCAL YEAR 2023 BUDGET TO CONGRESS

        The $10.5 billion fiscal year 2023 budget request for NSF
    makes historic investments in each of these areas. First, the
    budget funds critical exploratory, curiosity-driven research
    that, Chair, you talked about, which is an engine of economic
    growth and the foundation for the industries of the future. The
    request includes $9.8 billion, an increase of $1.6 billion
    above the fiscal year 2022 enacted level, to support research
    across the spectrum of science, engineering, technology, and
    STEM education. With this additional funding, NSF will continue
    to be the champion of fundamental research that is the bedrock
    of our future.
        Second, the budget invests nearly $1.4 billion--again, you
    alluded to that, Madam Chair--in support of the scientists and
    engineers of today and tomorrow. There is tremendous untapped
    STEM talent across every demographic and socioeconomic group in
    every geographic region of our country. Every person needs
    access to quality STEM education opportunities, from K to 12,
    to community colleges and universities, and we must inspire and
    motivate the missing millions to participate in the Nation's
    innovation enterprise.

                              NEW PROGRAM: GRANTED

        The fiscal year 2023 request introduces a new program aimed
    at advancing the geography of innovation and engaging the
    missing millions. Since I spoke to you last, I am delighted to
    announce this new program. This new program is called GRANTED,
    an acronym for Growing Research Access for Nationally-
    Transformative Equity and Diversity. This will focus on
    breaking down barriers to competitiveness at underserved
    institutions within the Nation's research enterprise. It will
    complement NSF's longstanding, broadening participation
    programs and build lasting institutional capacity.

            DIRECTORATE FOR TECHNOLOGY, INNOVATION, AND PARTNERSHIPS

        Finally, the budget makes substantial investments in use-
    inspired, solutions-oriented research. This has been a critical
    part of NSF's mission and now must be scaled to meet this
    moment of intense global competition. With the support of the
    Administration and Congress, NSF has launched, and I talked
    about this last year, and I am delighted to say again that we
    have launched the first new directorate in more than 30 years.
    This new Directorate for Technology, Innovation, and
    Partnerships, or TIP, sits at the crossroads of exploratory,
    curiosity-driven research, use-inspired solutions-oriented
    research, and translational research across all scientific and
    engineering disciplines. Significant resources are needed to
    ensure that TIP will have the transformative impacts it is
    designed to achieve. That is why the fiscal year 2023 budget
    request includes $880 million for this new directorate. TIP
    will leverage decades of NSF's investments in areas like
    Artificial Intelligence, expedite technology development and
    translation in emerging industries, and cultivate new education
    and entrepreneurial pathways.

                          REGIONAL INNOVATION ENGINES

        I am also proud to announce that today, we will be
    releasing the first new major funding opportunity through the
    TIP Directorate. The Regional Innovation Engines Program offers
    a unique opportunity to spur economic growth in regions that
    have not participated in the technology boom of the past few
    decades. It will include partners from industry, academia,
    government, nonprofit, civil society, and communities of
    practice. These partnerships will stimulate the creation of
    technology-driven products and solutions to serve the
    corresponding regions and the Nation's needs. In doing so, the
    NSF Engines, as we call them, will stimulate economic growth,
    develop talent, and build centers of innovation across the
    country. The fiscal year 2023 budget request additionally
    invests in the critical world-leading infrastructure, including
    testbeds, living laboratories, and prototyping platforms
    necessary to enable fundamental research.

                               RESEARCH SECURITY

        NSF also takes very seriously the need to safeguard
    taxpayer-funded research. NSF is playing a leading role in
    developing processes, training, and policies to ensure research
    security and integrity. We are committed to strong partnerships
    across the Federal Government with academia and with our like-
    minded international partners to uphold the values of openness,
    transparency, reciprocity, and research integrity that have
    made the global research environment so successful.
        I am amazed every day by the ingenuity and the dedication
    of the NSF workforce and the incredible innovations NSF makes
    possible. During the pandemic, we saw no decrease in
    productivity. In fact, it was quite the opposite, and thanks to
    the support of the Administration and Congress through the
    CARES Act and the American Rescue Plan, we have been able to
    support those in the research community most impacted by the
    pandemic.
        Again, I would like to thank each of you for your support
    of NSF. The fiscal year 2023 request positions the Agency to
    ensure U.S. leadership in science, engineering, and technology
    for decades to come, and I look forward to working with you to
    achieve that goal. Thank you, Madam Chair and Ranking Member
    Moran.

        [The statement follows:]
                  Prepared Statement of Director Panchanathan
                                  introduction
        Chair Shaheen, Ranking Member Moran, and Members of the
    Subcommittee, it is a privilege to appear before you today to discuss
    how the National Science Foundation is building on decades of
    successful investments and breakthroughs in science, engineering, and
    technology to ensure that the United States remains the global leader
    in 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 at 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 resulting in the creation of new businesses, new jobs, and
    more exports.
        Over the past 72 years, NSF has funded research and researchers,
    innovations and innovators, and world-class infrastructure that has
    garnered incredible benefits to the Nation. The Internet, 3D printing,
    and CRISPR technologies that enable everything from the development of
    COVID-19 vaccines to climate- and disease-resistant crops are all
    examples of the outcomes and benefits of NSF investments. Many of the
    technologies and industries that are the drivers of national
    competitiveness today--artificial intelligence, quantum information
    science, advanced manufacturing, and advanced wireless and
    biotechnology, to name a few-are rooted in NSF support, over the course
    of multiple decades in many cases, for research at the frontiers of
    science and engineering.
                              securing the future
        Since the end of World War II, the United States has been the
    global leader in science, engineering, and technology due to the vision
    of leaders like Vannevar Bush and sustained investment by the Federal
    Government. The decision to make long-term investments in basic
    research was not just a decision to make science and engineering a
    priority alongside the economy, national defense, and national health--
    what we have learned is that these investments are an engine that
    strengthens each of these national priorities.
        Today, we are facing challenges to that leadership as other nations
    seek to replicate our success, especially to control the future of
    technologies. According to the 2022 Science and Engineering Indicators
    report, ``The State of U.S. Science and Engineering,'' published by the
    National Science Board and prepared by NSF's National Center for
    Science and Engineering Statistics, while the United States remains the
    world leader in global research and development, the rate of growth of
    research and development and science and technology capabilities by
    other countries, including China, has outpaced that of the United
    States in recent years. The 2022 report also shows that while industry
    performs the substantial majority of U.S. R&D, the Federal Government
    continues to be the largest investor in basic research. However, the
    proportion of U.S. R&D funded by the Federal Government, across all
    research types, has declined since 2010.\1\
        As we look to the future, it is critical that we foster the
    Nation's capacity to produce breakthroughs, to innovate, and to
    cultivate the diverse domestic talent necessary to power our country
    forward. Our economic and national security depend on our ability to
    invest heavily in the technologies of today while making the
    discoveries that are the foundation for the technologies of tomorrow;
    to seed innovation everywhere by building ecosystems of innovation in
    every region of the country; and to develop our domestic talent across
    every geographic and demographic background. The President's fiscal
    year 2023 Budget Request of $10.5 billion for NSF makes historic
    investments in each of these areas.
                         strengthening established nsf
        By seeding strategic investments, NSF explores the frontiers of
    discovery and innovation, and makes possible breakthroughs and advances
    that place the United States at the forefront of global leadership in
    science and technology. With the continued support of Congress, NSF has
    been able to sustain support for high-risk, high-reward research that
    produces incredible benefit for the American people. For example, more
    than four decades of NSF investment preceded the detection of
    gravitational waves from merging black holes billions of light years
    from Earth. This discovery was groundbreaking, with the lead
    researchers winning a Nobel Prize in Physics in 2017. To achieve this
    feat, they had to develop and refine new equipment and technologies to
    achieve their goals--and the development of these ultra-sensitive
    sensors and precision detection techniques they are pursuing today
    could very well prove to have incredible impacts on our everyday lives
    in the form of transformative future technologies, like quantum sensor
    technology.
        Curiosity-driven research has proven to be an engine of economic
    growth. Since its inception, NSF has been a foundation for the
    industries of the future. 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,
    transportation, and education. Curiosity-driven, exploratory research
    is a critical component to the Nation's current and future success.
    This will continue to be our central focus: to accelerate discovery and
    to enhance state-of-the-art research capabilities.
        To that end, the President's fiscal year 2023 Budget Request
    includes $9.8 billion, an increase of $1.6 billion above the fiscal
    year 2022 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 STEM
    education. With this additional funding, NSF will continue to be the
    champion of the fundamental research that is strengthening our science
    and engineering enterprise at speed and scale.
        Within the request are key priority areas where NSF plays a leading
    role in addressing issues of national importance. For example, the
    request includes funding to accelerate climate research, increasing our
    understanding of the impacts of climate change and developing
    corresponding solutions. NSF has been investing in 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 observation 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
    phenomena, and helped communities design mitigation strategies,
    strengthen adaptation capabilities, and build more resilient futures.
        Focal areas of the fiscal year 2023 Request include Clean Energy
    Technology (CET) and the U.S. Global Change Research Program (USGCRP).
    The fiscal year 2023 request invests $500,000,000 in CET spanning high-
    risk, high-reward ideas from researchers across the science and
    engineering spectrum. These investments are needed to create broad new
    understanding and innovations that may increase energy efficiency,
    enhance sustainability, mitigate climate change, or lead to other
    societal benefits. NSF's portfolio spans longstanding programs as well
    as focused new opportunities and will continue to advance the
    fundamental science and engineering underlying clean energy
    technologies and infrastructure that decrease energy prices and build
    our domestic supply chain. NSF also will support multidisciplinary
    research in areas such as affordable green housing and sustainable
    systems for clean water, clean transit, and other infrastructure.
        In fiscal year 2023, $913,400,000 is requested for NSF to continue
    to support research that contributes to the USGCRP goal to accelerate
    action on two fronts: (1) advance scientific knowledge of the
    integrated natural and human components of the Earth system, focusing
    on changes that pose the biggest risks and opportunities to society,
    and (2) provide the scientific basis to inform and enable timely
    decisions on adaptation and mitigation. NSF will continue to engage
    with other USGCRP agencies on priorities from intra-seasonal to
    centennial predictability, predictions, and projections; water cycle
    research; impacts of climate change on the Nation's critical
    ecosystems, including coastal, freshwater, agricultural and forests
    systems; understanding the impacts of global change on the Arctic
    region and effects on global climate; and fundamental research on
    actionable science.
        In addition, NSF will seek greater integration of social-science
    research, methodologies, and insights into understanding and supporting
    responses to global change, improving computing capacity, and
    maintaining needed observational capabilities over time.
        For example, in fiscal year 2023, NSF will develop the National
    Discovery Cloud (NDC) for Climate, a new resource that will federate
    advanced computing, data, software and networking resources,
    democratizing access to a cyberinfrastructure ecosystem that is
    increasingly necessary to further climate-related science and
    engineering.
                investing in innovation and emerging industries
        Equally important to our Nation's competitiveness and success is
    use-inspired, solutions-oriented research, which has been a critical
    part of NSF's mission throughout its history. 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 untapped economies
    of innovation across the Nation and more tightly integrating curiosity-
    driven research and use- inspired outcomes. NSF fosters an environment
    ripe for innovation focused on economic and societal progress. Many of
    today's foremost national and societal challenges such as healthcare
    and education demand deeply multidisciplinary, multi-sector, solution-
    oriented research to achieve much-needed science and technology
    innovations. We must enable collaborations spanning diverse
    institutions, sectors, and geographies to co-create new technologies
    and solutions to address these challenges and accelerate prosperity.
        With the support of the Administration and Congress, NSF has
    launched its first new directorate in more than thirty years. The new
    Directorate for Technology, Innovation and Partnerships (TIP) sits at
    the crossroads of exploratory, curiosity-driven research, use-inspired,
    solutions-oriented research, and translational research across all
    disciplines and investment models. Significant resources are needed to
    ensure that TIP will have the transformative impacts it is designed to
    achieve. That is why, in fiscal year 2023, $880,000,000 is requested
    for TIP to work with programs across NSF and with other Federal and
    non-Federal entities to expedite technology development in emerging
    industries. This investment is crucial to addressing societal and
    economic challenges, while maintaining the United States' technological
    leadership. TIP will leverage decades of NSF investments in areas like
    artificial intelligence and quantum information science coupled with
    accelerating the translation of research results from the lab to the
    market and society. TIP will also cultivate new education pathways,
    leading to a diverse and skilled technical future workforce comprising
    researchers, practitioners, technicians, and entrepreneurs.
        Partnerships within the agency, with other agencies, industry, non-
    profit organizations, and like- minded international partners are also
    crucial to our success. TIP will leverage NSF's unique relationships
    with the academic community and grow the agency's collaboration with
    industry to spur innovation throughout the Nation. The NSF Regional
    Innovation Engines (NSF Engines) will engage local communities,
    academia, government partners, industry, philanthropy, and others to
    identify issues of local, regional, and national importance, and to
    drive innovation in critical and emerging technologies to address these
    issues. The NSF Engines will be geographically distributed to ensure
    that we are unlocking the innovation that we know exists everywhere.
        The fiscal year 2023 Budget Request proposes increased funding in
    six emerging industries where continued investment in both exploratory,
    curiosity-driven research and use-inspired, solutions-oriented research
    is needed to sustain U.S. leadership, support economic development, and
    secure our National security.
        (1) Advanced manufacturing is essential to almost every sector of
    the U.S. economy, spurring it forward by increasing productivity,
    enabling new products, and opening new industries. The fiscal year 2023
    Request includes $421,000,000 for research to develop innovative
    technologies to create products and processes with higher performance,
    higher efficiency, and greater capabilities. NSF programs accelerate
    advances in manufacturing materials, technologies, and systems;
    workforce development; and translational activities that speed advances
    from the lab to the market.
        (2) Advanced wireless networks and systems provide the
    communications backbone that connects users, devices, applications, and
    services that will continue to enrich America's economy. NSF has a
    proven track record of investing in fundamental research that advances
    wireless technologies. For example, today's fifth-generation (``5G'')
    wireless networks and systems were enabled by two decades of ground-
    breaking NSF-funded research on millimeter-wave capabilities, advanced
    antenna systems, and novel algorithms and information processing
    protocols. NSF partners with other Federal agencies and industry on
    such research. Looking forward to fiscal year 2023 and beyond, NSF-
    supported research will make possible innovations in areas critical to
    future generations of wireless networks and systems, such as new
    wireless devices, circuits, protocols, and systems; security and
    resilience; mobile edge computing; distributed machine learning, and
    inferences across mobile devices; and fine-grained, real-time dynamic
    spectrum allocation and sharing. In fiscal year 2023, $168,000,000 is
    requested for this research, which will generate new insights capable
    of making wireless communication faster, smarter, more affordable, and
    more robust and secure- with profound implications for science and
    society.
        (3) Artificial intelligence (AI) is advancing rapidly and holds the
    potential to vastly transform our lives. NSF is the largest non-defense
    funder of artificial intelligence research and the agency's ability to
    bring together numerous fields of scientific inquiry uniquely positions
    the agency to lead the Nation in expanding the frontiers of AI.
    Additionally, 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 government. In addition to
    foundational research advancing the frontiers of learning, reasoning,
    and planning, the key to harnessing the promise of artificial
    intelligence is the use-inspired and 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. In fiscal year 2023, $734,000,000 is requested for NSF's
    AI investments, including continued support for the National AI
    Research Institutes program, a growing partnership with other Federal
    agencies and the private sector, to create national hubs for
    universities, Federal and local agencies, industry, and nonprofits to
    advance AI research and workforce development.
        (4) Biotechnology comprises the data, tools, research
    infrastructure, workforce capacity, and innovation that enable the
    discovery, use, and alteration of living organisms, their constituent
    components, and their biologically-related processes. NSF has long
    supported the breadth of fundamental research that catalyzes ongoing
    developments in biotechnology. In fiscal year 2023, $392,000,000 is
    requested for NSF investments that will include continued support for
    discovery of fundamental biological principles and the development of
    biotechnologies, advances in bioinformatics, computational biology, and
    systems biology, as well as advances in the future biotech workforce.
        (5) Microelectronics and semiconductors are omnipresent in today's
    world--in transportation, communications, healthcare, manufacturing,
    information technology, and nearly every other part of our daily lives.
    Yet, U.S.-led innovations in this area have slowed in recent decades,
    and the Nation is now facing historically unprecedented global
    competition and chip shortages impacting numerous sectors of the
    economy. The overarching objective of NSF's investment in
    microelectronics and semiconductors is to develop new paradigms in
    semiconductor capabilities. With the fiscal year 2023 request of
    $146,000,000, NSF will continue to invest in foundational research, in
    use-inspired research, and in partnerships and infrastructure,
    including access to chip fabrication facilities for the research
    community, to seed a vibrant future for microelectronics and
    semiconductors in the United States.
        (6) Quantum Information Science (QIS) research will form the basis
    of one of the major technological revolutions of the 21st century. NSF
    investments advance fundamental understanding of uniquely quantum
    phenomena that can be harnessed to promote information processing,
    transmission, and measurement in new ways. Building upon more than
    three decades of exploratory discovery, NSF investment in QIS will help
    propel the Nation forward as a leading developer of quantum technology.
    In fiscal year 2023, $261,000,000 is requested for NSF to invest in
    foundational quantum science advances, helping mature a relatively new
    field, which will have implications for computing, communications, and
    many other critical industries.
              investing in a diverse and inclusive stem workforce
        There is tremendous untapped STEM potential throughout the Nation.
    To meet the needs of the future workforce that is necessary for
    successfully seeding innovation throughout the Nation, every person
    needs access to quality STEM education opportunities. 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 Nation's innovation enterprise. We must
    scale existing pathways into STEM fields and create new tracks into
    science and engineering. The fiscal year 2023 request includes $1.38
    billion for STEM education in support of the scientists and engineers
    of today and tomorrow.
        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
    that prepares them for the jobs of the future. To ensure continued
    global leadership in science and technology, we must inspire, nurture,
    and advance domestic talent across our Nation. The future depends on
    investment in inclusion, in diversity, in training STEM educators, 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 is strongly committed to the development of a future-focused
    science and engineering workforce that draws on the talents of all
    Americans. Increasing equity in underserved communities must span a
    wide range of stakeholders, from individuals traditionally identified
    as underrepresented or underserved, to institutions of higher education
    that serve groups underrepresented in STEM, to those communities, lands
    and jurisdictions across the country that currently lack resources and
    opportunities for robust education, workforce development, and regional
    innovation.
        In fiscal year 2023, NSF intends to build on existing programs and
    develop new ones to strengthen and scale equity investments. NSF will
    focus on those groups underserved and underrepresented in STEM and will
    be more intentional in how we engage Minority Serving Institutions
    (MSIs). NSF will further expand support for individuals and
    institutions in EPSCoR jurisdictions to ensure geographic diversity.
        In fiscal year 2023, NSF requests $50,000,000 to launch a new
    initiative called Growing Research Access for Nationally Transformative
    Equity and Diversity (GRANTED). GRANTED will improve the Nation's
    research capacity at emerging and underserved research institutions
    through a variety of mechanisms and programs aimed at advancing the
    geography of innovation and engaging the Missing Millions, the millions
    of young people and students who have the talent and drive to be part
    of the STEM community but who have not been able to access STEM
    opportunities. It will support the enhancement of research
    administration and post-award management as well as the implementation
    of effective practices for competitive proposal development, through
    mechanisms such as research-coordination networks (RCNs) and
    institutional partnership grants, ideas labs, and research enterprise
    hubs in different geographic regions. GRANTED funding in fiscal year
    2023 will focus on support for MSIs and aim to mitigate the barriers to
    competitiveness at underserved institutions within the Nation's
    research enterprise as NSF contributes to the Administration's priority
    on equity.
                      world-class research infrastructure
        NSF invests in world-class research facilities, instrumentation,
    and scientific capabilities to ensure that researchers have access to
    the most cutting-edge scientific equipment. Through the Major Research
    Equipment and Facilities Construction (MREFC) 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.
        The fiscal year 2023 request continues these investments, including
    long-term upgrades of NSF's major Antarctic infrastructure. It also
    supports construction of the Vera C. Rubin Observatory, two detector
    upgrades at the High Luminosity-Large Hadron Collider, and the Regional
    Class Research Vessels. NSF is also investing in smaller scale, but
    equally important research infrastructure that serves a vital purpose
    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. Mid-Scale Research Infrastructure (RI) can also serve as a
    proving ground for new and innovative major research facilities. In
    fiscal year 2023, NSF will invest a total of $126.25 million in Mid-
    scale RI, split between two tracks, Mid-scale RI-1 ($50,000,000),
    funded through the Research & Related Activities account, and Mid-scale
    RI-2 ($76.25 million), funded through the MREFC account. Through these
    two tracks, the Mid-scale RI program is providing U.S. researchers
    access to critical infrastructure, including testbeds, living
    laboratories, and prototyping facilities, across the spectrum of
    disciplines supported by NSF.
        The Nation's science and engineering activities rely on facilities
    and instruments that are geographically and technically accessible,
    cost-effective, and managed well. To meet the infrastructure needs of
    the entire community, NSF is dedicated to supporting activities that
    ensure that instrumentation and research infrastructure can be
    designed, developed, acquired, or constructed across the Nation,
    through programs with focused oversight and targeted investments.
    Moreover, a sizeable portion of NSF's resources is invested in the
    ongoing operations and maintenance (O&M) activities necessary to keep
    research infrastructure at the cutting edge, and fully operational and
    accessible to those who use it to advance the boundaries of science.
        The fiscal year 2023 facilities O&M request continues to reflect a
    balance among multiple priorities. NSF divisions carefully allocate
    resources between research grants and O&M costs for research
    infrastructure. In addition to the regular O&M funding that keeps
    facilities functional, support for upgrades, significant periodic
    maintenance, and infrastructure renewal must also be addressed within
    Facilities O&M, which accounts for 10 percent of NSF's total request in
    fiscal year 2023. NSF continues to explore ways to invest in research
    infrastructure at all scales in order to keep pace with changing
    technologies, increased demand by users, and expanding research
    opportunities.
                         nsf responsiveness to covid-19
        NSF is grateful to the Administration and Congress for the support
    of the research ecosystem during the COVID-19 pandemic. With the
    funding provided by the ``Coronavirus Aid, Relief, and Economic
    Security Act,'' or ``CARES Act,'' NSF was able to mobilize the research
    community to make critical contributions to fighting the SARS-CoV-2
    virus, including research to model the virus's structure, create new
    products to mitigate the virus's spread, and develop new treatments and
    vaccines. From equipment delays and reagent shortages to lost training
    time and missed field research, the pandemic also strained research
    projects in unique ways. With the continued support from Congress and
    the Administration, including the $600,000,000 provided in the American
    Rescue Plan act of 2021 (ARP), NSF has been able to support groups of
    individuals and institutions most affected by the pandemic, as well as
    those at vulnerable transition points in their research careers. With
    more than $450,000,000 of the ARP funding obligated to date, NSF has
    been able to make more than 1,300 awards spanning all disciplines of
    science and engineering- supporting researchers, students, facilities
    and more. Thanks to these investments, NSF has been able to support
    innovative research ideas and sustain critical research talent that is
    central to our long-term competitiveness that could have been lost
    during the pandemic without the support that the Administration and
    Congress made available.
                       securing taxpayer-funded research
        NSF is expanding capabilities and competencies to protect the U.S.
    science and engineering enterprise through its Research Security
    Strategy and Policy activity. In January 2022, the Office of Science
    and Technology Policy, through the National Science and Technology
    Council, issued implementation guidance for National Security
    Presidential Memorandum 33 (NSPM-33) on the National Security Strategy
    for United States Government-Supported Research and Development. NSF is
    working together with other Federal research agencies to establish
    uniform mechanisms for researchers to provide agencies with consistent
    information on their appointments, activities, and sources of research
    support; many of these mechanisms will be made available to the
    community during fiscal year 2023. Consistent with its published System
    of Records Notice, NSF has established processes to proactively
    identify conflicts of commitment, vulnerabilities of pre-publication
    research, and risks at various stages of the research funding
    enterprise from proposal submission to the performance of NSF-funded
    research. To ensure clear understanding of research security issues,
    NSF disclosure requirements, and the tenets of beneficial international
    collaboration, NSF is leading the efforts to develop training resources
    for staff and the research community that will continue to be refined
    in fiscal year 2023. NSF is also commissioning a JASON study in fiscal
    year 2022 to provide guidance on the establishment of a Research on
    Research Security funding program that is expected to begin in fiscal
    year 2023.
        NSF participation in discussions with the U.S. research community
    and with international colleagues is key to the success of the agency's
    activities, which includes the development of common frameworks for
    understanding research security. That is why NSF is co-leading the U.S.
    efforts to work with G7 nations on research security and integrity. NSF
    is committed to strong partnerships across the Federal Government, with
    academia, and with our like-minded international partners to ensure
    that we can uphold the values of openness, transparency and reciprocity
    that have made the international research environment so successful.
                                   conclusion
        At a time of intense global competition, the fiscal year 2023
    Budget Request for NSF positions the agency to lead the Nation in
    innovation, discovery, and STEM education to build a more diverse and
    inclusive workforce and unleash economic and societal progress. With
    the new TIP Directorate established, NSF is well positioned to leverage
    the uniquely American innovation system in which investment in
    fundamental research is intertwined with strong partnerships among
    government, academia, and industry. With a keen focus on strengthening
    NSF's investments in exploratory, curiosity-driven research and use-
    inspired innovations, NSF will build on seven decades of preeminence in
    STEM to catalyze partnerships that produce breakthroughs and
    advancements in emerging industries like artificial intelligence and
    quantum information science. In this way, NSF will ensure that the
    United States is in the vanguard of global competitiveness.
        Thank you for the opportunity to testify before you today. With the
    continued support of this Committee and the Congress, NSF will continue
    to unleash rapid innovations, and foster ecosystems of innovation
    throughout the country to ensure that the United States remains the
    global leader in science, engineering, innovation, and technology.
    ---------------------------------------------------------------------------
        \1\ National Science Board, National Science Foundation. 2022.
    Science and Engineering Indicators 2022: The State of U.S. Science and
    Engineering. NSB-2022-1. Alexandria, VA. Available at https://
    ncses.nsf.gov/pubs/nsb20221.

        Senator Shaheen. Well, thank you both very much for your
    testimony. We will now enter 5-minute questioning rounds, and I
    will begin.
        Administrator Nelson, I think the whole world has been
    transfixed on Russia's unprovoked war in Ukraine and what is
    happening there. And part of what we have heard from the
    rhetoric coming out of Russia is the suggestion that they may
    no longer participate with us in the International Space
    Station, and they may look to China to partner on space
    activities. Can you talk about how concerned we should be about
    that and whether you are hearing at NASA's level any chatter
    that they may actually be pulling out of our partnership there?
        Senator Nelson. Madam Chair, they are not pulling out. In
    the last day or so, there are misleading headlines. If you read
    the articles, it says something else of comments that were made
    by people in Roscosmos, the Russian space agency. I want you to
    think about this issue in a historical context. In the height
    of the Cold War with the Soviet Union, a Soviet spacecraft and
    an American spacecraft rendezvoused and docked in space, and
    the crews lived together and worked together in space led by
    General Tom Stafford and General Alexei Leonov. That personal
    friendship endured over the years, so much so, when Alexi
    passed away a couple of years ago, who gave the eulogy at the
    funeral in Moscow? None other than General Tom Stafford, and
    that cooperation in civil space has continued to this day.
        First, there was a Russian space station. There was Mir,
    and the U.S. Space Program--space shuttle docked with Mir, then
    together we built the International Space Station.
    Theoretically, you cannot operate the space station without
    both. The Russians had the propulsion, the altitude control.
    The U.S. has the electricity production. I see nothing in the
    very even-keeled professional relationship between the
    cosmonauts and the astronauts, between mission control in
    Moscow and Houston, in the training of Russian cosmonauts in
    America and the training of American astronauts in Moscow and
    Baikonur, I see nothing that has interrupted that professional
    relationship, no matter how awful Putin is conducting a war
    with such disastrous results in Ukraine.
        Senator Shaheen. Well, thank you. That is really nice to
    hear, and I have been encouraged by the reports that we have
    seen about recent cooperation between the cosmonauts and our
    astronauts. Can you also comment on China and what you are
    seeing with respect to China and Russia cooperating in space?
        Senator Nelson. Now, China is completely a different
    experience for the U.S. Space Program because there has not
    been any transparency. They are very secretive. An example:
    they put up their space station and the first stage of the
    rocket. They did not save enough fuel so that they could have a
    controlled reentry. This is about a year or two ago, and as a
    result, it was going to come down someplace. Fortunately, it
    came down in the Indian Ocean, but it could have come down
    somewhere in Europe. It could have come down in Saudi Arabia.
    And they were secretive about the coordinates of where it was
    going to come down.
        I have since talked to the Chinese ambassador, and he gave
    me the opening. He said, well, what could we do. I said, I will
    give you an example of exactly what you could do to begin
    things. You, 50 years after us, have returned a sample from the
    moon. Fifty years ago, we made our sample of the lunar soil and
    rocks available to the international scientific community. You
    could do the same. Thus far, they have not indicated anything,
    so it has been a very strained relationship with the Chinese
    space program.
        What is the extent of cooperation with Russia--between
    Russia and China? I am simply not sure. China has made
    entreaties to Russia, Russia has flirted with China, and you
    remember Putin went to the opening of the Olympics as the guest
    of President Xi, but we do not know to what extent. We do know
    that because of the professional relationship and what I
    believe to be the intention of the Russian space program to
    continue with the space station, and now that we have gotten
    the White House approval of extending the space station until
    2030, if you all appropriate funds, and, of course, what we
    want to do is continue it until we have a commercial space
    station and then deorbit an aging space station in 2031. But we
    see every reason that the Russians are going to continue on the
    space station for the immediate future, and, of course, we
    personally hope that they will continue with us all the way to
    2030.
        Senator Shaheen. Thank you very much. Senator Moran.

                          RETURNING HUMANS TO THE MOON

        Senator Moran. Chair, thank you very much. Administrator
    Nelson, given the amount of work that remains to be done with
    test flights and developing and testing a lander and space
    suits, what do you see as the largest technical threat to
    landing our astronauts on the moon by 2025?
        Senator Nelson. First of all, you all have helped us so
    that that landing will occur because there have been
    indications, and we hope that you will consider favorably the
    President's request to start competition in a human lander.
    Now, as it turned out, the first competition, NASA simply did
    not have enough money to award for two landers. And by far, the
    most economical of the three competitors was the one that was
    given the nod--SpaceX--for the first landing. That is a done
    contract. What we wanted to do, and what you all, the Congress,
    have made particularly clear to me through hearings all last
    year, and I happen to agree with you, is that you wanted
    competition for the ultimate lander. So on the basis of that,
    we have started the initial process, and if you deem it wise in
    giving us the appropriations which the President has requested,
    then we will have a simultaneous competition excluding SpaceX
    because they already have that under procurement law and cannot
    participate in the next competition. The winner of that
    competition would have the opportunity, as SpaceX, to land an
    uncrewed lander first and then do the crude landing. They would
    have that opportunity.
        And then we would have two landers somewhere in the 2027
    timeframe, having both already landed to make the ultimate
    choice of the lander that would last for some period of time as
    the lander on the moon. That is a decision that you will have
    to make in this President's request, and I believe that that is
    the plan that can bring us all the value of competition. You
    get it done with that competitive spirit, you get it done
    cheaper, and that allows us to move away from what has been a
    plague on us in the past, which is a cost-plus contract, and
    move to an existing contractual price.

                            AERONAUTIC CAPABILITIES

        Senator Moran. Thank you for your answer. Let me ask about
    aeronautics. You did mention that it has a great value to
    Kansas and the country. That portfolio includes everything from
    low-sonic boom aircraft to developing advanced materials and
    technologies that lead us to a safer, cleaner, more fuel
    efficient aircraft. You are asking for an increase of $90
    million to further our understanding of aeronautics. That is a
    $972 million dollars request.
        While NASA is involved in identifying and improving this
    research, there are great opportunities within the university
    research community to improve our understanding and develop
    aeronautic capabilities within the aviation sector. How does
    NASA intend to use its proposed aeronautics budget to build
    upon the strong university research capabilities that exist
    today to solve current and future aeronautical problems of
    tomorrow?
        Senator Nelson. Well, for example, at Wichita State, they
    are working on composites. Here is the problem today with
    composites. You can do an airliner, like the, I think it is
    called the 787. It is a composite body. It is much lighter, but
    it is kind of like a one-of-a-kind. You need to be able to
    stretch that process out where you can make composites and it
    be much more of an assembly line situation. Wichita State is
    working on that. You get that to the point through aeronautical
    research that NASA is working on so that we can start popping
    out air frames that are composites. Then you have saved a lot
    of weight, and, therefore, you have saved a lot of fuel, and
    you have gotten a lot greater efficiencies. And according to
    the passengers that fly on the 787, it is also more comfortable
    inside because of the humidity.
        Senator Moran. It seems like you agree with me that the
    private university--the public and private universities are of
    value to NASA and to the country in this regard.
        Senator Nelson. Absolutely, and as a matter of fact,
    Senator Shaheen was here 12 years ago when we passed the new
    NASA bill on a track where there was going to be the government
    program, and there was going to be a commercial program, and we
    are seeing the fruits of that, for example, going to and from
    the International Space Station today because we are
    transporting crew by NASA contracting with SpaceX and
    eventually Boeing. And Boeing should launch its spacecraft, by
    the way, in a week or so, and this is a test flight, and then
    the crew would be later this year. So we would have two ways of
    getting to the International Space Station--SpaceX and Boeing--
    and we have already got lots of ways to get cargo up there,
    including Northrop Grumman launching from Senator Van Hollen's
    constituency. It is actually right across the State line in
    Virginia, but most of the people live in Maryland that work
    there at Wallops Island launch facility.
        And so there is just so much that is happening in the
    commercial area, whether it is done directly under NASA's
    government contracts or whether NASA contracts with commercial
    entities in order to produce what we are asking them to
    produce. Now, when it comes to safety, NASA is all over it. We
    are not simply going to put up crew in spacecraft that are not
    safe, even though we have contracted with a commercial company,
    and the proof is in the pudding. Look what has happened with
    commercial crew going to and from the International Space
    Station.
        Senator Shaheen. Thank you, Senator Moran. Senator Van
    Hollen.

                            WALLOPS FLIGHT FACILITY

        Senator Van Hollen. Thank you, Madam Chairman, and to the
    Ranking Member. Great to have both of you here. Administrator
    Nelson, thank you for your enthusiasm, for all the initiatives
    that you are overseeing, and for presenting a budget that
    includes important investments in space exploration and
    discovery, as well as robust funding for earth sciences, which
    you said are very important to all of us and encompass many of
    the Maryland-based missions, including at Goddard.
        And appreciate the funding for PACE, for OSAM 1, and,
    again, continuing support for the Webb Telescope. We are all
    thrilled with the fact that that deployed successfully, and we
    all know a million things had to go right in order for that to
    be successful, and it has been. And I am very proud of all the
    folks at the Space Telescope Science Institute in Baltimore who
    were responsible for mission operations for the Webb as well as
    about 2,000 other Marylanders at Goddard and other places. And
    as you say, we all look forward to getting the first images
    back soon.
        Thank you for mentioning Wallops. I am going to spend a
    moment focusing on the Wallops Flight Facility, which, as you
    indicated, 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. It is a home to NASA's Balloon
    Program. This is a great budget, but it does have a shortcoming
    in that it does not include the funds that we have
    traditionally provided to the 21st Century Launch Complex
    Program. Other Administrations have also admitted that, and we
    have worked on a bipartisan basis to make sure those funds are
    provided because Wallops is attracting new commercial space
    partners. It is growing, and I think you have acknowledged as
    well in your infrastructure needs budget the importance of the
    Wallops Island Causeway Bridge.
        So Mr. Administrator, I know you have been there, just your
    commitment to work with us to make sure that that is a success.
        Senator Nelson. Not only do you have my commitment. I have
    been out there, and we are afraid that bridge is going to fall
    in the water.
        Senator Van Hollen. Yes.
        Senator Nelson. And it is the number one priority, and I
    thought with machinations with some of your colleagues on this
    Committee that we were going to get it in the 2022 budget. I
    may get in trouble by saying this, but I hope that there is
    going to be kind of infrastructure bill that is still going to
    come out of the Senate that would allow us then to have high-
    priority, desperately-needed infrastructure projects like the
    Wallops Island Bridge be taken care of.
        Senator Van Hollen. Yes.
        Senator Nelson. The only way we got some of the others was
    that you all passed our hurricane emergency supplemental, and
    we got the roof being done down in New Orleans on the big
    facility down there, but we have not been able to get that
    Wallops Bridge--yes.
        Senator Van Hollen. I hear you. I hear you, Mr.
    Administrator. We are going to work on that. I mean, the
    infrastructure modernization bill had a lot of good investments
    in it, but it did neglect some critical U.S. Government
    investments like this one. I mean, obviously if you do not have
    a bridge going to the Wallops Space Complex, you are in a world
    of hurt. I do want to flag also the issue of bridge repair over
    the BW Parkway for Goddard.
        Mr. Administrator, let me ask you about heliophysics
    because I indicated that I think the budget is a good one, but
    in the area of heliophysics, there is a slight reduction, which
    I will work with my colleagues to remedy. But I do want to
    applaud you for your continued support to the science
    directorate. If you look at the Heliophysics Division's budget,
    it has been reduced. I think that is a mistake, especially as
    we witness the impact of solar flares on Starlink satellites,
    and space weather, as you know, poses a serious risk to our
    satellites and communication systems. So I have--I also believe
    you are--you are committed to that mission.
        In my remaining time, Dr. Panch, if I could just thank you
    also for all your work at the National Science Foundation.
    Quantum science is obviously a critical area for our country,
    and you mentioned it in your remarks, and Maryland is an
    important center for quantum information science. Can you
    elaborate a little bit more on what you are doing in that area,
    and at the same time, talk a little bit more about your efforts
    to bring HBCUs--
        Dr. Panchanathan. Yes.
        Senator Van Hollen [continuing]. Into your efforts to make
    sure that all of our talent is on the playing field when it
    comes to science.

                          QUANTUM INFORMATION SCIENCE

        Dr. Panchanathan. Thank you, Senator, for asking the
    question. As you pointed out, it is a very, very important
    technology, and it is very important that we stay in the
    vanguard of innovation. It turns out yesterday, I was giving a
    talk at IBM Yorktown, and I was standing in front of the
    quantum computer right there and admiring the tremendous work
    that has gone into it in terms of many, many things: materials,
    devices, the fabrication technologies, of course, that goes
    with it, the Quantum Information Science, and a whole lot more,
    and the quantum networking, all of those things that have come
    together in order for us to be building such a fantastic
    machine. And I was told that it is deployed not only across the
    United States but also will be deployed all across the globe,
    so really a world leader in this.
        From an NSF perspective, this investment has happened for
    several decades. We are here today because of the sustained
    investments that NSF has made in all aspects, whether it is
    physics, chemistry, you know, material science, computing,
    engineering, and a whole lot more, over several decades to get
    to the point where we are right now. And I am very thrilled to
    say that through a partnership with the Department of Energy
    and other partners, we are continuing to invest in quantum
    institutes, which are large-scale partnerships, to be able to
    advance it at speed and scale, as I would often say. We also
    have a number of investments in terms of how we take these
    ideas to action in terms of entrepreneurial ventures and
    supporting industry partnerships, things of that nature, and
    that is why I was there at IBM yesterday.
        But as you said, the most important thing for us is to make
    sure that we have the quantum workforce. This is an exceedingly
    important imperative. Yes, we will have great quantum
    researchers, and we will continue to invest in that, but we
    need to make sure that we have quantum inspiration starting not
    just at the university level but right at the K to 12 level. So
    we have a Q-12 Program, which essentially is focused on K to 12
    inspirations of quantum. How might we get quantum foundry-like
    ideas accessible for high school children to be able to, and
    middle school children to be able to, get excited about quantum
    science? How can we relate quantum futures at the K to 12
    level? So this is something that we are working with many
    partners to develop that kind of curriculum at the K to 12
    level.

                  HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

        To your point about HBCUs, we have a program called Expand
    QISE, Quantum Information Science and Engineering. This is
    precisely the focus. How might we get the quantum futures also
    exciting people at HBCUs, at other MSIs, Hispanic-serving
    institutions, Tribal colleges and universities, so we are
    working diligently with our partners? Specific to HBCUs, since
    we met last, Senator, I have had many conversations with HBCU
    presidents and chancellors, and I am thrilled to report that
    one of those presidents and chancellors is University of
    Maryland Eastern Shore President Anderson, and so we had good
    conversations and asking them how might we have more
    Historically Black Colleges and Universities. How might we have
    the minority- serving institutions, R2 institutions, also
    participating in the quantum revolution? We also need community
    colleges in this because it requires a lot of technical skills
    also to be part of how we build the quantum future.
        So we are working on all of this in terms of STEM training
    for talent everywhere to be inspired by quantum.
        Senator Van Hollen. Thank you. Thank you, Madam Chair.
        Senator Shaheen. Thank you. Senator Capito.

                               COMMERICAL LANDER

        Senator Capito. Thank you, Madam Chair, and thank you both
    for being here today. Administrator Nelson, it is good to see
    you. About a week ago I was pleased to be at a conference--I
    just missed you. You came, I think, the next day, but I was
    with a couple of your leaders, James Reuter and Thomas
    Zurbuchen from the Space Technology and Science areas. And the
    goal is to combine the skill and resources, both in people and
    capabilities, of West Virginia, Ohio, and Pennsylvania regions
    to become more active contributors to our space industrial
    base. A really exciting conference. I have seen this firsthand
    at Constellium and Ravenswood, which does a lot of the
    aluminum, and then also I toured the Astrobotic--I do not know
    if you got to do that--while we were in Pittsburgh, which was
    exciting to see what they are going to be landing in the 4th
    quarter.
        So how do you see this perspective? I know you touched on
    it a bit with the question that I heard with Senator Moran, the
    private sector and even the more rural parts of our Nation that
    can really capitalize on the exciting, I think, futures in
    space?
        Senator Nelson. Specifically, that consortium of three
    States is responsible for 10,000 jobs in the three States, and
    it is impressive what you all have done. Also, while I was
    there, I did go to Astrobotic, and they revealed the first
    commercial lander on the moon. This will be, and it will be
    later this year, this will be the first U.S. landing on the
    moon since a half century ago when we last landed with Gene
    Cernan on Apollo 17. And this is going to be a commercial
    landing under the CLPS Program, of which we have incentivized
    the commercial industry to build the landers and put scientific
    payloads on them, many of which are NASA payloads, and do all
    kinds of things without NASA having to do the lander.
        And so, for example, there are three companies that are
    going to be landing. One of those companies is going to have a
    NASA instrument on it. It will land on the South Pole. It will
    dig down to see if the water that we know is there in the
    shadowed crevices on the South Pole, which is now ice, is there
    water underneath, and if so, then there is the potential for
    rocket fuel, hydrogen, and oxygen. And so these are the kind of
    things that you are doing out there in combining the efforts of
    three States, and it is only going to grow.
        Senator Capito. Yes, it was really exciting to hear not
    just the private sector, but that higher ed, educational, and
    the nonprofit community. As you know, Pittsburgh has some
    really great community organizations from their long history of
    building this country, that they have now--are now sustaining
    and looking at space.
        Let me ask you one other question about the upcoming OSAM--
    it used to be called Restore-L--and because West Virginia's
    Robotic Technology Center is a part of that. That is the in-
    space service, assembly, and manufacturing of satellites. What
    do you think--how important is this? I mean, I can see it, but
    if you could quantify a little bit.
        Senator Nelson. Hugely important.
        Senator Capito. Mm-hmm. Mm-hmm.
        Senator Nelson. If we are able to service a spacecraft on
    orbit, then we get extra life out of it.
        Senator Capito. Right.
        Senator Nelson. Not only repairs and maintenance, but also
    fueling.
        Senator Capito. Right.
        Senator Nelson. And so it makes sense.
        Senator Capito. Right.
        Senator Nelson. And we are developing--NASA's developing
    this capability. We have contracted out for commercial entities
    to do this as well. And by the way, before you get through, I
    just want to give kudos to you. You know, we have what we call
    the IV&V Center--
        Senator Capito. Right.
        Senator Nelson [continuing]. In West Virginia--
        Senator Capito. Mm-hmm.
        Senator Nelson [continuing]. Independent verification and
    validation of software.
        Senator Capito. Right.
        Senator Nelson. That is so super important to NASA, and I
    am going to be there in a couple of weeks, and I hope your
    schedule on a Monday morning works out so that you can come
    with us. And then I will try to get you and whoever in the
    delegation is with us back to Washington.
        Senator Capito. Sounds great. That is named for Katherine
    Johnson, as you know, one of our proud West Virginians. I was
    there for the dedication. I look forward to that, and I will be
    looking at my schedule. Thank you. I have a question for you,
    but I will submit it for the record. Thank you so much.
        Senator Nelson. Thank you so much, Senator. Good seeing
    you.
        Senator Shaheen. Thank you, Senator Capito.
        Senator Braun.
        Senator Braun. Thank you, Madam Chair. You know, where I
    come from, which was running a business for 37 years prior to
    getting here, investment was always the most important thing
    you had to consider. When you invest, there is a return on it,
    and if you do not do it well in business or government, you end
    up paying the price. Your competitors generally outmaneuver you
    in the long run.
        When we are looking at both NASA, the National Science
    Foundation, you might be surprised, but I think we ought to be
    putting as many resources into it as we can. It is one of the
    few things that, even though it may not be tangible, it is very
    important, and sometimes it is very tangible as well in terms
    of what it yields down the road. So I am one that generally
    always thinks of the particulars, which I see $23.27 billion
    enacted in fiscal year 2021, $24.04 request, $25. That is about
    as mild a request in terms of increases of anything I have seen
    since I have been here. It is in the context, though, that we
    are $30 trillion in debt. That is such a complicated subject.
    All I can tell you, it is not a great business plan to borrow
    your way into the future when a lot of it does not give you a
    true return on investment.
        I want to talk about I think what is even a more an
    existential discussion, and that is our main geopolitical
    competitor. So, Dr. Panch, when it comes to the Chinese, they
    are not apologetic. They are not even quiet about it. They
    would want to replace us someday and do it, I think, by merit,
    according to maybe what they might think that might be, but in
    the meantime, I have observed them as being ones that, I do not
    know, their handshake business partners. And if we do enable
    and invest more in the National Science Foundation or NASA, how
    are we sure that with their behavior, especially when you are
    maybe doing it to some extent where there is--even if it is not
    shared information, it could be extracted, how are we certain
    that we are going to do it in a way that keeps us secure and
    does not aid the competition? And then, Mr. Nelson, I would
    like you to answer that same question as it would apply to
    NASA. Go ahead.

                  RESEARCH SECURITY STRATEGY POLICY AND CHINA

        Dr. Panchanathan. Thank you very much, Senator, for that
    question. I often say research is security. Research is
    research integrity. Research integrity is research security. So
    clearly, before I get to the specific question about China, we
    are working with international partners who share our values,
    who share our values of research integrity, transparency,
    openness, and also reciprocity. So we are working with partners
    who emphasize that, and we are building those partnerships.
        So one of the things that NSF did 2 years ago, and I was at
    that time on the National Science Board, is we commissioned a
    security group called JASON, and we asked them to look at the
    problem so that it is not just an internal thing only but an
    external group of experts looking at it and giving us advice in
    terms of how do we move forward in research security. And we
    are pretty much following the guidelines that have been given
    to us by JASON, of course, in consultation with many other
    constituencies.
        One of the principal recommendations that was made was to
    appoint a chief officer for Research Security Strategy and
    Policy, whose job it is to, every day, wake up and think about
    research security on its own--in its many forms to make sure
    that we are protecting those things that need to be protected,
    and set up the policies that need to be set and put in place
    for that to be, you know, exercised in its fullest form. And I
    am very happy to say that that person reports directly to me,
    and that was part of the recommendation. But more importantly--
    yes.
        Senator Braun. Are you confident that in this case,
    especially with what we have observed over the last decade or
    so, especially more recently, that it will be foolproof, it
    will not be breached if we are making these investments to
    where it would be nothing more than giving them information
    that would end up hurting us somehow in the long run?
        Dr. Panchanathan. Senator, this is where I think the
    partnership with agencies, and that is what we are working with
    right now, NSF is closely partnering with this chief officer,
    with the intelligence agencies, with other agencies like NASA,
    with the Department of Energy, and all these agencies because
    it is an all-of-government approach. In fact, NSF co-leads with
    the Office of Science and Technology Policy, with the
    Department of Energy, and NIH to make sure that the policies
    that we are putting in place is consistent across the board for
    all researchers in institutions that we essentially invest in.
        And so I can tell you that we have constant conversations
    about this. In fact, I will tell you since we met last time, we
    have developed an analytic software that can actually look at
    where people are supposed to be declaring their conflicts of
    interest and things of that nature of commitment, that they are
    surfaced, and we are able to then make sure that people are
    ensuring that they are declaring their conflicts, as the case
    may be. But more importantly, the work happens in the academic
    institutions. So we are partnering with the academic
    institutions to make sure that the policies that we are putting
    in place are going to be, you know, essentially implemented.
        But in terms of taking care of any breaches, we work very
    closely with the Office of Inspector General. As you know, it
    is an independent entity from NSF, and we make sure that we
    take care of any such situations.
        Senator Braun. Thank you because it looks like you are well
    aware of the potential of what might happen. Mr. Nelson, would
    you weigh in?
        Senator Nelson. Senator, your question about China, I have
    made no bones about, in response to Senator Shaheen, they are
    simply not transparent. They have not cooperated. We have given
    them ample opportunities, and I will not repeat what is already
    on the record for the Committee. We would welcome that, but we
    would be very guarded in our dealings with the Chinese. But
    thus far, all the opportunities that we have given them, and
    the example that I gave was that life was threatened on the
    face of the earth with the uncontrolled entry of their first
    stage of their rocket when they put up their space station. Not
    only had they not saved enough fuel for a controlled reentry,
    and, thank goodness, it came down in the Indian Ocean, but it
    could have come down in Europe, and it could have come down in
    Saudi Arabia.
        And not only had they not done that, but they refused to
    give us coordinates and information about the track. We
    fortunately had our own information about the track, so we were
    pretty on top of it, but it is just another illustration. And
    it is such a contrast to what we have been doing with the
    Russians ever since the Soviet Union, in 1975, where the
    civilian space program has always had a cooperation to this
    point now and going forward, why this is such an international
    space program with the Japanese and the European Space Agency,
    and now the UAE are all participating with us, not only on the
    space station, but as we go to the moon and the gateway, which
    is like a space station, that will orbit the moon.
        Senator Braun. Well, thank you for being vigilant and alert
    to the potential. Thank you.
        Senator Shaheen. Thank you, Senator Braun. Senator Braun
    raised the issue of investing, and I agree. I think it is one
    of the reasons that I support the U.S. Innovation and
    Competition Act, because I think that is a place where we are
    investing in science in a way that we really need to, science
    and innovation. And one of the provisions that is included in
    that that I support requires that at least 20 percent of NSF
    investment go to EPSCOR States, like New Hampshire.
        So, Dr. Panch, can you talk about why it is important for
    us to also encourage small States to participate in EPSCOR and
    to invest in those programs?

                   ENCOURAGING STATE PARTICIPATION IN EPSCOR

        Dr. Panchanathan. Madam Chair, thank you so much for that
    question. If you recall, last year when I gave the testimony, I
    said talent and ideas are democratized all across our Nation,
    no exception. I happen to come from one of the small States,
    too, and, therefore, I fully understand that when you energize
    talent everywhere, I think innovation will happen, can happen
    anywhere. I always say innovation anywhere, opportunities
    everywhere, for which we need to energize talent everywhere.
        I have been deeply committed to this since I got in. In
    fact, the central pillar of my three-pillar vision is about
    ensuring inclusivity access and ensuring that we embrace
    diversity of all kinds: diversity of geography, socioeconomic,
    demographic, and racial diversity. So we need to make sure that
    talent everywhere is energized, so that is the first point that
    I want to lead off with.
        So if you look at some of the programs that NSF has
    launched, let us take the AI institutes or the quantum, even,
    programs. You will be very pleased to know that AI institutes
    right now, with just two rounds, with 16 institutes, spans 40
    States and the District of Columbia, and a third round is
    coming in. And this is an intentional effort because I truly
    believe that AI is everywhere, and AI should be everywhere, and
    quantum, likewise, should be inspired everywhere.
        So I think in terms, therefore, how do we get these ideas
    that we say are everywhere to rise up? And that is why I talked
    about this new program that we launched where, if you look at
    institutions that truly deserve the level of investments with
    the fantastic ideas that is everywhere, one way of doing that
    is to make sure some of the institutions have the research
    infrastructure support that makes it possible for them to rise
    up and be successful in the gold standard merit review process
    of NSF. How do we get those institutions, and other
    institutions also to play ball? And this is why the GRANTED
    Program is a virtual research infrastructure office.
        How do we get to such developments support? How do we get
    pre-award, and post-award support? How do we get support in
    terms of how we transact intellectual property? How do we build
    a partnership with industry? This kind of support that--is not
    necessarily available in all institutions. How do we make it
    possible in Historically Black Colleges and Universities, in
    other MSIs, in States like the EPSCOR States, where there is a
    lot of talent and ideas that need to be lifted up? So I am a
    huge fan of the GRANTED program to lift those ideas and make
    them successful. So I am very, very comfortable with the fact
    that we have it as an aspirational goal of how we might invest
    in all these States, the ESPCOR States included, in a way that
    can bring out those talents and ideas.
        Senator Shaheen. And so you would agree then that helping
    to build that infrastructure also means ensuring that NSF's
    large-scale programs, like science and technology centers,
    engineering research center, midscale infrastructure, AI
    institutes, the new technology directors, director, and all of
    those should also encompass EPSCOR States.
        Dr. Panchanathan. Absolutely. In fact, I have made the
    point, in fact, publicly I have said this, that when
    institutions like R1 institutions lead and some--they bring in
    partnership other institutions, I have said that we should also
    look at R2 institutions, and MSIs, and HBCUs. Sometimes they
    should be the lead and R1s should be partner institutions. And
    so I am fully in concert with the fact that all these
    institutions can be everywhere and should be everywhere because
    ideas are everywhere.
        Senator Shaheen. And does that 20 percent of NSF
    investment, is that a goal that allows us to do that?
        Dr. Panchanathan. So an aspirational goal because if the
    GRANTED Program, as we have outlined it, which I am confident
    is going to be wildly successful, you will find that we will
    end up over the years that we are essentially probably
    exceeding even that kind of investment that goes to the EPSCOR
    States and the regions of our Nation where the investments are
    not as prominent right now. So, you know, as an aspirational
    goal, it is a good goal to have.
        Senator Shaheen. Well, thank you. I am counting on--Senator
    Moran is a member of--a conferee of the conference committee to
    hold tight on that 20 percent to go to EPSCOR States, small
    EPSCOR States, so share that with Senator Moran since he is not
    here right now.
        Let me also ask you, Dr. Panch, about the number of
    additional grants that NSF would be able to fund if you are
    funded at the request level. What does that allow you to do
    that you would not be able to do otherwise, and how do you see
    that contributing to our goal of promoting innovation and
    competition?

          ADDITIONAL GRANT FUNDING WITH FISCAL YEAR 2023 REQUEST LEVEL

        Dr. Panchanathan. Madam Chair, if you will recall the last
    testimony that I gave, I talked about the numbers of grants,
    what we need, and what we are leaving on the cutting room
    floor. I, in fact, invoked this when I was with Senator Moran
    in Kansas when a question was asked from a faculty member who
    had gotten a competitive rating and said, but I did not get
    funded, right? So NSF, we receive about 40,000 to 50,000 grant
    proposals a year. Last year, for example, it was about 43,000
    grant proposals. We fund about 11,000 of them, a 25-percent
    sort of a success rate, let us put it that way. Now, clearly,
    if you ask me, Panch, so what is the number of proposals that
    are recommended by the Gold Standard Merit Review Process that
    the NSF, you know, is very well known for, it turns out it is
    close to about, you know, one-third, or 30 percent, of the
    proposals. So clearly, we have a number of proposals that are
    ranked competitive that are left behind on the cutting room
    floor, right? So right now, with 25 percent, with the new
    investments that are being proposed, we will get to about 2,800
    more proposals, our success rate going from 25 percent to 26
    percent.
        But I also talked about the size of our grants last time.
    You know, I said average is about 200K. We need to work towards
    raising it to 300K. With this increase, we will get from 200K
    to 240K. You know, we will be part way there. We will be 20
    percent of the way there, and so the 50 percent that we desire,
    but that is a good trend to take to where we need to be in
    terms of how we should get this done. And I see this as a
    national security issue because the unfunded ideas and unfunded
    proposals are the ones that our competitors invest in, and we
    should not leave that on the cutting room floor.
        And I am hoping, and I am grateful for all of you for
    recognizing that, and I am grateful to the President and the
    Administration for investing in NSF because this would make
    that possible.
        Senator Shaheen. Thank you. Senator Moran is back, but
    while he is still getting settled--
        Senator Moran. If you would ask another question--
        Senator Shaheen. Yes.
        Senator Moran [continuing]. I would be grateful.
        Senator Shaheen. I will do that because I wanted to wait
    until you got back to follow up on your question to
    Administrator Nelson about the 2025 date, because, obviously,
    it depends on a lot of things going right if we are going to
    make that 2025 date. And I was a little fuzzy on how confident
    you are that that can actually happen. So can you tell us today
    that, if you get your budget request, that you will be able to
    make that 2025 date for the landing?

                              MOON FLIGHT TIMELINE

        Senator Nelson. We will not fly astronauts until it is
    safe, and if that means there is a delay, then we will delay.
    But we have every reason to believe that we are on a schedule
    that, first of all, that Artemis will certainly, through the
    SLS Rocket and the Orion Spacecraft, be ready, and we will have
    flown in 2024 a crew after this first test flight later this
    year. We will have flown a crew in a 30-day mission in lunar
    orbit. And then we have every confidence to feel that, under
    the contract with SpaceX, that in 2024, they will land an
    uncrewed lander as part of their demonstration, and that a year
    later, in 2025, that we will be ready for them to have launched
    their lander into lunar orbit. Orion goes into lunar orbit, the
    crew is transferred, and the lander goes down and lands and
    stays for whatever the prescribed time is, a day or so, and
    then they come back and rendezvous in lunar orbit with Orion,
    and come home.
        Now, of course, we believe that that is the schedule, but I
    can just tell you that if I am making the decisions, it is not
    going to fly until it is safe.
        Senator Shaheen. Well, I certainly think we would all
    expect no less than that--
        Senator Nelson. Yes, ma'am.
        Senator Shaheen [continuing]. That certainly needs to be
    the bottom line for the decisionmaking. My question is really,
    assuming that it is safe, are we going to meet all those other
    deadlines in order to ensure that it is safe--
        Senator Nelson. Yes.
        Senator Shaheen [continuing]. And get the landing done?
        Senator Nelson. And I appreciate your question, and you
    ought to ask that question. It is also true that every space
    mission that we have had, there have been delays. You think
    back to Apollo. Look what happened after the Apollo 1 fire. I
    mean, they were down for over 2 years and still, with an
    incredible amount of money poured in, were able to make
    President Kennedy's goal of landing on the moon by the end of
    the decade. Look at the space shuttle, the space shuttle, a
    fantastic flying machine, by the way, that we now know had
    certain technical flaws, and we lost 14 souls. It, too, was
    delayed until 1981 when, in fact, a lot of people thought that
    it was going to fly not long after Apollo-Soyuz in 1975 and fly
    in the late 70s. It did not happen, and look what happened.
    When we lost Challenger, we were down 2-1/2 years, and then in
    2003, we lost Columbia and were down another couple of years
    and the further delays.
        So you cannot go until it is right, but all these things
    cost money. These delays cost money. That is another reason we
    had a question here about competition. That is another reason
    to get to fix-priced contracts and then hold them to it, and we
    are doing that with the landers for the moon.
        Senator Shaheen. Thank you. Senator Moran.

      MAINTAINING BASIC RESEARCH LEVELS WHILE ESTABLISHING TIP DIRECTORATE

        Senator Moran. Thank you, Chair. Dr. Panch, again, thank
    you for your presence here and your leadership at NSF. Let me
    begin by talking about the TIP Directorate. You mentioned in
    your testimony about the development of the new directorate,
    and you did so with great excitement. The NSF budget proposes
    $880 million for the continued establishment of the TIP
    Directorate, which is now about 20 percent of the total amount
    that is being requested for research. Is NSF balancing the
    creation of the TIP Directorate while preserving its basic
    research foundation, the bedrock of NSF's work, its mission,
    and should I, should we be concerned that TIP will change the
    direction of NSF and undermine that basic research needed to
    enable us to reach the goals of TIP?
        Dr. Panchanathan. Very good question, Senator. Thank you
    for asking that question. So if you look at some of the
    programs in the TIP Directorate--let us look at SBIR/STTR
    Program, the Innovation Corps, which is the entrepreneurship
    program, and the Partnership For Innovation, which is also a
    program that was at NSF, some of those programs that have been
    focused on the translation of scientific ideas into the market
    have been existent at NSF in terms of training the
    entrepreneurs of the future.
        What we are trying to do right now is to scale them, but on
    top of that, also build a program called the Regional
    Innovation Engines, and these regional innovation engines, to
    be very clear, are meant to train the next generation, the
    future practitioners and future researchers also, in a fused
    environment of academia and industry working together. So it is
    about the mission of NSF, which is about training the STEM
    talent for the future and inspiring new ideas, so it is the
    same mission that we are working on.
        I cannot talk enough about the NSF's vision. When I came
    in, I started describing it this way. It is the DNA of NSF. The
    one strand of the DNA of NSF is curiosity-driven, discovery-
    based exploratory research, and that is something that you
    alluded to, Senator, but we also at NSF have been doing the
    other strand, which is what I called use-inspired, solutions-
    focused, translational research or innovations. To me, these
    are highly synergistic like DNA is. Explorations make possible
    translations, but translations make possible more explorations.
        There are many, many examples of this, you know, including,
    for example, in space exploration. You start working on the
    technology for space exploration. You explore. You find new
    sites, new problems to solve, and this synergy is exceedingly
    important, in fact, to open up new vistas of scientific
    explorations also. That is why this is exceedingly important.
    The TIP Directorate, I want to make sure, is not a distraction.
    It is an attraction. It is an attraction to do more in
    exploratory science rather than distracting of explanation, so
    that is the first thing I want to say.
        The second thing I want to say is it makes possible the
    kind of work that we need in States like Kansas. You and I saw
    this, Senator, first time, the unbelievable work and the talent
    that is there in the Johnson Community College. Let us take
    that as an example. They are doing amazing work. They won the
    Community College Innovation Challenge when we were there. And
    when I met these students, it is very clear that if we do not
    have these crucibles of innovation, we will not have the
    community colleges, universities, and other researchers getting
    the practitioner talent trained at the highest level of
    intensity for where we need to move forward in terms of the
    industries of the future.
        So I am happy to elaborate more, but this is what we are
    trying to do.
        Senator Moran. Let me follow up with, in the absence of
    what research takes place at NSF, where would the private
    sector--in the absence of that research, what would we lose the
    most? What does the private sector do in comparison--applied
    research versus basic research--or do we need to focus public
    funds?

                       APPLIED RESEARCH VS BASIC RESEARCH

        Dr. Panchanathan. Yes, so the public funds, I think, are
    mostly focused--still in NSF, the majority of the public funds
    are focused and will continue to be focused on fundamental,
    basic research. But as I said earlier, we are also trying to
    invest so that more fundamental research can be uncovered
    through the practitioner work that we do. But let us not
    forget, just in the last year--let us take some examples. In
    the AI institutes, in fact, the private sector has come to us
    and said we will co-invest with you. Amazon invested in the
    Fairness in AI Program. One of the AI institutes scaled funding
    of $20 million were invested by a combination of Intel, Google,
    Accenture, and Amazon. So the private sector is coming to us
    and saying we will co-invest with you because our basic
    research needs are something that NSF is well positioned to do.
    You have a gold standard merit review process. We can work with
    you to unearth more basic research that benefits all
    industries, so, in fact, I would say it is an additive effect
    rather than a subtractive effect.
        So yesterday I was in IBM. You know, IBM is investing about
    $100 million on HBCU campuses to empower them. And we were
    talking about how we might collaborate with companies who have
    interest in wanting to get the talent of the future and also
    newer ideas that they want to work in, and they are willing to
    partner with NSF. This is a new world: a new world of
    partnership. So what we are also doing at the same time is, to
    address your question in another way, I am developing a strong
    partnership with the Department of Commerce so that their
    regional technology hubs and our regional innovation engines
    are tightly integrated. So the scientific prowess of what we
    have, which is what makes our Nation unique, the innovation
    potential that is there is able to be taken out and scaled, and
    that we are able to compete now with other nations who are
    starting to become more tight.
        So I want us to be a lot more tightly coupled between
    agencies, between the various programs, and nice handoffs, and
    we have a fantastic partnership with NASA at so many levels,
    and that is what we need more of. And I am a huge fan of that
    because our Nation, I think, needs all the public investments
    to then translate to economic prosperity, societal prosperity,
    and, most importantly, every region of our Nation, and the
    ideas and talent lifted up there. And we saw firsthand what is
    happening in the great State of Kansas.
        Senator Nelson. Senator, if I may, Dr. Panch has just
    described the emphasis on public/private partnership, the ethos
    that is very similar to what we are doing. It is a new day.
    Government cannot do it all. You all give us X amount of money,
    and we have got to make that money happen the way that we are
    trying to achieve, and we can leverage that money by working
    with the commercial industry and through competition, bring
    those costs down to NASA.
        I will give you one more example: the development of SpaceX
    and their very successful rocket, the Falcon 9 and the Falcon 9
    Heavy. General Hyten, the vice chairman of the Joint Chiefs,
    told me last year before he retired, he said the fact that we
    have competition now ongoing to space just for the military has
    saved them $40 billion in launch costs. So it is just another
    example of the public/private partnership. We are doing this
    with regard to climate, and, of course, I will be happy to go
    into examples if you would like that, Senators.
        Senator Moran. Dr. Panch, my questions are not intended to
    be critical but to garner an understanding of how we can more
    rapidly advance--
        Dr. Panchanathan. Yes.
        Senator Moran [continuing]. The outcomes that we need
    economically and in national security in a time in which our
    adversaries have--seemingly an adversary has unlimited public
    funds.
        Dr. Panchanathan. Yes.
        Senator Moran. How do we do this in a way that gets us to
    the places that we need to be the fastest?

               PUBLIC INVESTMENT IN SCIENCE VS COMPETING NATIONS

        Dr. Panchanathan. Senator, I never look at your question as
    a criticism at all. In fact, on the contrary, I look at it as,
    you know, your expression of strong support. I will tell you,
    to the point that you make about our competitors, our
    competitors somehow, because they have a top-down approach,
    they seem to force the synergy. Forced synergies will not work.
    We all know that, at least not in the long term. That is what
    is fantastic about our Nation. I repeat this slogan. I say
    innovation anywhere, opportunities everywhere. I will keep
    saying this because we have that innovation potential anywhere,
    and that is why we need to bring that out by, not forced
    synergies, by natural synergies of coming together, and that is
    what we are doing.
        How can we use the public funds in a way that inspires
    every talent and idea everywhere, but at the same time, how do
    we leverage, as Senator Nelson was saying, through public-
    private partnerships, scale even more and scale faster? I am
    anxious to scale fast because I think we are so good, but we
    need to scale fast and use every bit of talent that we have in
    our Nation.
        Senator Moran. Absolutely. The capabilities of the United
    States to advance faster, better, be safer, be more
    economically secure than our adversaries comes from the
    initiative, enterprise. Innovation that comes from our private
    sector, that comes from private citizens.
        Dr. Panchanathan. Yes.
        Senator Moran. And government is a tool in which we can
    enhance and speed up that process, but I will choose the
    innovator over the government decision every time.
        Dr. Panchanathan. You are right. I mean, innovation is
    everywhere, but we have a role, I often say, Senator, if I can
    say that. We have a role of catalyzing, enabling. As public
    investors, that is what we are doing. The innovation is there.
    All we are doing is we are trying to make it surface up. We do
    not want anybody to be left behind. You know, I have met
    unbelievable talent all across the Nation. I am traveling quite
    a bit. Like Administrator Nelson, I am also traveling quite a
    bit around the Nation, and I am so inspired. Every time I go, I
    meet K to 12 students. I meet our community college students. I
    meet our university students and entrepreneurs. I am really
    inspired to do more, faster, better, as you said.
        Senator Moran. As we would say, I adopt Dr. Panch's last
    few paragraphs as my own remarks. Thank you.
        Dr. Panchanathan. Thank you.
        Senator Moran. Let me ask, in regard to the conference
    committee that is hopefully soon to meet, what is it that you
    hope to see occur in USICA, or whatever the legislation
    ultimately is called, that advances the cause at NSF?

                         IF USICA/COMPETES ACT ADVANCES

        Dr. Panchanathan. Big, bold investments that take all of
    the ideas that I talked about that are being left behind. And,
    Senator, we saw a concrete example in our conversation at the
    Johnson Community College. It is disheartening to see people
    who are putting a lot of effort to take their idea with so much
    hopes and aspirations, and writing a fantastic proposal,
    submitting it to NSF, and getting a gold standard merit review
    saying, yes, this is worthy of investment, and not having that
    idea flourish is a totally missed opportunity; likewise, those
    ideas that need to be, you know, inspired everywhere that
    result in innovation ecosystems, you know.
        For example, we talked about the States of Kansas, you
    know, Nebraska, Iowa, Indiana, Illinois, just as one example,
    where they can be the crucible of the innovation for the future
    of agriculture--smart agriculture--then such crucibles of
    innovation that we can build all across our Nation. And I was
    with John Deere the other day, just 2 weeks ago, in Illinois
    visiting John Deere, and I am looking at their technological
    roadmap. I am looking at what they are doing, and I am saying,
    wow, you know, I never knew a tractor company has so much
    technology built into this with AI, computing, and so on.
        And so I think that is what we need to do more is to see
    how we can build those crucibles of innovation, and to do that,
    the proposals that are made in the USICA and COMPETES Acts, I
    think, is the right strategy, the investment for this bold,
    rapid scaling of ideas and talent. And I am really, really
    hopeful, and I am very thankful for all of your support so that
    we will make this happen very soon, sooner than later, because
    we cannot miss any more time. This is the time.
        Yesterday, my talk at IBM was the time is now. This is the
    time. We need to accelerate our progress to stay far ahead of
    our competition, not even look behind.
        Senator Moran. Senator Shaheen, I am down to no longer any
    questions, but just one comment, and that is to the NASA
    Administrator. Senator Nelson, earth-observing satellites are
    an essential tool for Kansas because it aids us in our
    agricultural practices, and that is a hugely important
    component of our State's economy. And your offer to educate me,
    show me, and demonstrate to Kansans and Americans the value of
    those earth-observing satellites is very much appreciated, and
    I look forward to the moment in time in which we accomplish
    that.
        Senator Nelson. Yes, sir, and, indeed, a lot of people
    think of NASA as the space agency--do not forget the first
    ``A,'' aeronautics. But also people do not realize NASA is the
    point of the spear on climate and climate change because all
    the measurements that are being made are done by instruments
    that we design, build, launch, and many of them we operate. And
    over the course of the next decade, we are going to have the--a
    great observatory of five additional major spacecraft, that all
    of this information is going to be put into a 3D composite on
    precisely what is happening to the earth's climate, what is
    happening to the water, to the land, to the ice, to the
    atmosphere.
        We are putting up at the end of this year a mission that is
    going to be able to measure for the first time the elevation of
    the streams, and rivers, and lakes, the freshwater. We have
    been able to measure the elevation of the oceans, the salt
    water. We are going to be able to find out very precisely what
    is happening to the ice. And all of this, and we have the
    support of the White House on this, and we hope we will have
    your support. We are going to create, if you can envision in
    space terms, a mission control center. It is going to be called
    the Earth Information Center. It is going to bring all of this
    data in, and it is going to be displayed, and it is going to be
    available to everybody, not just government at all levels,
    including your local county commission when they are planning
    their land planning. But it is going to be available to
    schools, and universities, and the private sector as well as to
    what is happening and the changes that are happening to the
    climate.
        Senator Moran. Rainfall may be the most common topic of
    conversation among my constituents on most days.
        Senator Nelson. And, Senator, I just want to say on Dr.
    Panch's testimony, we did not collaborate on our testimony, but
    I feel like I could start a sentence and he could finish it,
    and vice versa. And what he said, big, bold investments, and
    that is equally applicable to NASA.
        Senator Moran. Thank you.

                         HELIOPHYSICS AND SPACE WEATHER

        Senator Shaheen. Well, thank you. We appreciate that. I do
    have a few more questions actually before we close the hearing.
    And I share your enthusiasm, Administrator Nelson, for this
    budget, but I will admit I have a couple of concerns. One is
    the one that Senator Van Hollen raised about heliophysics, and
    that is based on a parochial concern because the cut has the
    potential to impact the University of New Hampshire, which is
    one of our Nation's premier heliophysics institutions, but also
    because one of the things that heliophysics does, as you know,
    is helps us to understand how our sun impacts the solar system.
    And part of that is what happens with climate change, as you
    were so eloquent about, and also our weather.
        And I appreciate NASA's establishing the space weather as
    its own program, but I wonder if you could help me understand
    why the request cuts space weather more than 12 percent, and
    what activities are proposed to be terminated. And one of the
    things that I always remember is one of the reasons we were not
    successful back when we were trying to get the Iran hostages
    out was because we did not accurately understand what the
    weather was going to be when we landed those helicopters, and
    we saw the same thing happen when we went to get Osama bin
    Laden. The weather almost undermined that mission as well. So
    it is not just about our crops and what we need to do, but
    there are also significant national security implications for
    understanding what is happening with our weather.
        So help me understand why the cut, and how the decision to
    reduce funding for heliophysics was made.
        Senator Nelson. I do have, in my previous life, some
    credentials in this area because there is an instrument up
    there called Discover. It was terminated in politics in a
    previous administration because it had been proposed by a
    former Vice President of the United States.
        Senator Shaheen. Yes, I remember that.
        Senator Nelson. And yours truly had the opportunity to get
    some more--fortunately, NASA had the good sense to keep it in
    mothballs. And then, lo and behold, the Department of Defense
    had a reason for wanting to get it up to give us a quick alert
    on a solar explosion and all that radiation, and so it is out
    there, a million miles. This is now called Discover, and it
    warns us of the solar radiation that is coming so that we can
    determine, our satellites as well as our ground stations, when
    that solar explosion is coming at us.
        University of New Hampshire, you are right, is a leader in
    the field of heliophysics. The decrease in the Space Weather
    Program, which was $2.7 million, or, as you stated, 12 percent,
    is due to a ramp down in the spending on space weather
    monitoring on an instrument called HERMES, which stands for
    Heliophysics Environmental And Radiation Measurement Experiment
    Suite, and will complete its integration and test this coming
    December. Now, there were a bunch of things going on in
    science. This was the decision since every now and then we get
    arbitrary amounts that are handed to us, and scientific
    decisions had to be made, but there is also a truth that the
    President proposes and the Congress disposes.

                             PROJECT COST OVERRUNS

        Senator Shaheen. Okay. I appreciate that response. The
    other concern that I want to raise is a report from the GAO
    because, at the direction of this Committee, the Government
    Accountability Office analyzes the cost and scheduled
    performance of major NASA projects. And I do not think this is
    a problem of your leadership or even your predecessor's
    leadership. It is a long-term problem at NASA. What the GAO
    found was that NASA projects are experiencing the largest
    collective cost and schedule overruns since they began
    reporting in 2009. The overruns cannot be attributed to COVID
    alone. Many projects had late-stage design changes that led to
    costly modifications and schedule slippage, and the collective
    budget pressure is delaying launch dates and squeezing out
    newer projects.
        So can you help us understand what you are working on to
    improve this project management, and do you see improvement
    anytime soon in our ability to manage those big projects?
        Senator Nelson. Madam Chair, there better be, and you are
    exactly right. There is no excuse for cost overruns, but the
    old way of doing things was always cost-plus.
        Senator Shaheen. Mm-hmm.
        Senator Nelson. And because of the competition that we have
    been talking about, we have been moving to the fixed price,
    where we can, under procurement law. In those that we cannot do
    cost-plus, we are moving to really crack down on them. I want
    to give you an example because Bechtel underbid on a cost-plus
    contract in order to, what appears, to get the next mobile
    launcher for the larger version of the SLS. The larger version
    has an enhanced upper stage that will carry more payload,
    including the gateway, which is like the mini space station
    that will be in lunar orbit. And they underbid it, and then
    they could not perform, and NASA is stuck.
        And what I have done is I have called in the CEO of
    Bechtel, who, by the way, is the grandson of the founder. His
    name is Bechtel. And they have readily acknowledged it, but
    there is no way under the contract, since it is a cost-plus
    contract, that we can do anything but eat it, and that is not
    right. And times are a-changing, and so what I have done
    specifically, other than jawboning and giving a lecture to all
    of our managers about tightening up on all of this, and,
    particularly, going forward, I have specifically named the
    deputy administrator, Colonel Pam Melroy, an astronaut
    commander, to serve as the Agency's chief acquisition officer
    to elevate the importance of acquisition.
        We are working closely with GAO and our inspector general
    at NASA on the recommendations. I think we are beginning to
    make some progress in closing out the GAO recommendations
    related to strengthening this acquisition process. We are
    committed to improving our management of our cost and our
    schedule commitments. And I have also established a new chief
    program management officer dedicated to strengthening NASA's
    oversight of its enterprise, of its management, and of its
    program management policies. Under the law, that is what I can
    do, and going forward, if we take this competition seriously,
    we are going to be able to do a lot more cost-plus contracts
    well.
        Senator Shaheen. Well, thank you. I appreciate that
    explanation, and it sounds like progress. Obviously we will
    want to continue to stay in touch with what you are seeing and
    what we can do to be helpful as you look at whether you need
    any new authorities to address what is happening. My final
    question, Dr. Panch, is for you because, in addition to space,
    which is really a new frontier not just for research,
    unfortunately, for our security, so is that the Arctic is a new
    frontier--
        Dr. Panchanathan. Yes.
        Senator Shaheen [continuing]. Both for research and for our
    national security.
        Dr. Panchanathan Yes.
        Senator Shaheen. And as we look at the inroads that some of
    our competitors are making in the Arctic, it raises serious
    concerns about what we should be doing there. So can you
    describe NSF's plans for expanding Arctic research and how you
    see that rolling out?

                         ARCTIC AND ANTARCTIC RESEARCH

        Dr. Panchanathan. Senator, thank you so much for the
    interest. Cleary, you know, the Arctic and Antarctic are of
    great interest to NSF, and we have a lot of work that we invest
    in, in both the Arctic and Antarctic. As you know, in the
    Arctic case, we also, you know, look at the North Atlantic as a
    huge partnership, not only what we do within the Nation but
    also with our partners in Europe, Canada, and others. So this
    is critical for economic as well as security in making sure
    that we are building resilience into the future.
        And so one of the things that we are doing is, you would be
    happy to know that we are working closely with the Arctic
    communities because we need to make sure that we are including
    them in the conversations. And so increasingly, NSF is very
    sensitive to the idea of making sure that our Arctic colleagues
    living in the Arctic are, you know, party to conversations, and
    that is why you will find that we are taking a social/
    behavioral, not just a scientific approach only, a social/
    behavioral humanistic approach in terms of how we are devising
    the future for the Arctic. So clearly, there is an investment
    area that NSF has always made, and we plan to continue to do
    that.
        And I am very pleased to say that it is not just, you know,
    in a few States. You know, many States across the Nation
    participate in this, all the way ranging from Alaska to New
    Hampshire, and so we expect that this will continue into the
    future, and that is the way I see it.
        Senator Shaheen. Well, good. Thank you very much. Are you
    all set, Senator Moran?
        Senator Moran. Yes.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. Let me just point out that if there are no
    further questions, Senators have until May 10 to submit
    additional questions to the subcommittee's official hearing
    record, and we request that NASA and NSF respond within 30 days
    to any questions that you might receive.
        [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 BY SENATOR DIANNE FEINSTEIN
    Questions Submitted to Administrator Bill Nelson, National Aeronautics
                            and Space Administration
        Question 1. The Stratospheric Observatory for Infrared Astronomy
    (SOFIA) was scheduled for termination again this year, following
    several previous years in which NASA has recommended eliminating its
    budget. I understand that this is based on the recommendation of many
    astronomers and astrophysicists, but I do want to note that the SOFIA
    program has made several key discoveries during its life, including
    confirming the presence of water ice on the Moon, which is now of key
    interest for the Artemis program. SOFIA also discovered the presence of
    helium hydride in interstellar space, which was first theorized in the
    1970s.
        Now that the program is slated for termination in October, I am
    concerned that scientists who have relied on SOFIA do not have
    sufficient time to close out their research. This is even more critical
    since there are no alternatives to SOFIA's observational capabilities.
    Additionally, Administrator Nelson described in the hearing with the
    Appropriations Committee how critical it was that the DSCOVR project
    was put into storage and was able to launch once interest in its
    capabilities revived. Administrator Nelson, will all remaining accepted
    science proposals using the SOFIA instrument be completed by the
    termination of activities? If not, what support does NASA require in
    order to ensure that those planned flights occur?

        Answer. SOFIA will conclude its science operations at the end of
    September 2022. During fiscal year 2022, SOFIA will continue to carry
    out a full program of science operations that has included multiple
    deployments to the southern hemisphere. As of June 5, 2022, SOFIA has
    54 science flights planned for the remainder of fiscal year 2022, which
    includes 32 flights for its annual deployment to New Zealand during
    June-August 2022 and an additional 18 flights from Palmdale,
    California, in September 2022. During fiscal year 2022, SOFIA is
    prioritizing the completion of legacy surveys to establish an enduring
    archive of data for community use. Most selected proposals from Cycle 9
    will be completed; however, some selected proposals will not be
    conducted due to scheduling conflicts. With the remaining planned 54
    flights, 80 percent or more of Cycle 9 programs are expected to be
    complete before the end of fiscal year 2022, which will be the highest
    completion rate achieved for any cycle over the lifetime of the SOFIA
    project. Of the nine multiple-cycle SOFIA legacy programs, four legacy
    programs and two pilot legacy programs are anticipated to be fully
    completed, while the majority of the remaining two legacy programs and
    one pilot legacy will be completed. In addition to completing U.S.
    programs, SOFIA is ensuring that our German partners are also able to
    complete their programs.
        The SOFIA project is developing a project closeout plan for fiscal
    year 2023. That plan will include completion of data reduction and
    archiving; training of personnel at the Infrared Science Archive
    (IRSA), where all the SOFIA science and (housekeeping) observatory data
    will reside; user support for completed Cycle 9 observations;
    documentation and tools on how to use or reprocess SOFIA observations;
    and general observer funding for completed observations.

        Question 2. Administrator Nelson, can you describe the plan for the
    SOFIA aircraft and telescope? Has NASA looked at the possibility of
    keeping the technology like it did with DSCOVR?

        Answer. The SOFIA project is developing an orderly project closeout
    plan for fiscal year 2023. As a part of that closeout plan, SOFIA will
    follow the standard NASA disposition process. As a part of that
    process, NASA will determine if any part of the SOFIA mission, such as
    one or more of its instruments, may be used in support of another NASA
    or other Federal agency mission, and, if so, will be dispensed in
    support of that mission. The SOFIA telescope is the property of the
    German Space Agency (DLR), and discussions are underway with DLR as to
    how they would like to proceed.

                                     ______

                  Questions Submitted by Senator Brian Schatz
        Question 1. The United States is a leader in both ground- and
    space-based astronomy due to six decades of sustained commitment to
    develop, fund, and operate cutting edge instruments. In spite of this
    long-standing history, there is no funding in either NSF's or NASA's
    fiscal year 2023 budget to begin implementation of any of the
    recommendations in the decadal survey of astronomical science,
    Astro2020.

              A.  Please explain the absence of implementation funding in
            either the NASA or the NSF budget.

              B.  Does the lack of implementation funding signal that the
            Administration intends to pivot away from our nation's six-
            decade commitment to astronomy? If the Administration is
            turning away from astronomical science, please explain why.

              C.  If not, why is there no mention of either ground- or
            space- based priorities in its budget request?

              D.  If the Committee were to provide near-term funding to
            start implementation of Astro2020, may I have your commitment
            that you begin as soon as the funds become available?

        Answer. The Administration is not turning away from astronomy as
    evidenced by NASA's fiscal year 2023 budget request. NASA's fiscal year
    2023 budget request includes funding for space-based astronomy. This
    request for NASA Astrophysics proposes a program balanced between
    realizing the science of the world's greatest portfolio of space
    telescopes (including increased funding for realizing the science from
    the Webb Space Telescope and operation of the newly launched IXPE) and
    completing and launching missions under development (including the
    Roman Space Telescope, SPHEREx, and the newly selected COSI). Due to
    the delay in the publication of the Decadal Survey, NASA had limited
    time to incorporate Decadal Survey recommendations into the fiscal year
    2023 Budget Request. The fiscal year 2024 budget request will be fully
    informed by the Decadal Survey recommendations.

                                     ______

                   Questions Submitted by Senator Joe Manchin
        Question 1. I'm looking forward to seeing you in a few weeks May
    15th for the Robotics Championship at Fairmont University.
        Last year, I spoke to you about the importance of NASA's IV&V
    Facility, which is proudly named after the incredible Katherine Johnson
    and just down the road from Fairmont State.
        Through their work in communities across the state, staff at the
    IV&V Program have done an incredible job educating the next generation
    of West Virginians. Over the last year, they engaged over 8,000
    students in student workshops, STEM competitions, events, and hands-on
    activities. The IV&V Program has also trained 200 teachers in educator
    workshops which will have far reaching, and continuing, impacts to the
    students of West Virginia.
        West Virginians have played a key role in our nation's developments
    and achievements in space, from the contributions of `Hidden Figures'
    like Katherine Johnson and `Rocket Boys' like Homer Hickam. We need to
    make sure we are seeking out the next generation of these rural
    students.

              A.  What are you doing to use the resources of NASA to help
            reach the next generation of rural students?

        Answer. NASA is focused on broadening student participation, which
    includes reaching students in rural areas. Here are a few examples of
    these efforts:
        NASA CONNECTS is a community of practice for K-12 teachers, aimed
    to reach teachers through a virtual platform and enable increased
    accessibility to NASA learning opportunities and resources for them and
    their students. NASA CONNECTS is reaching students where they are.
        NASA has also established the TEAM II Community Anchors, now in its
    first year, to include small-medium sized informal education
    institutions in providing more direct access to NASA experts and
    resources. TEAM II investments in science centers, museums, and other
    informal education organizations, have yielded programs and resources
    that are focused on reaching underserved and underrepresented students
    including those in rural areas.
        In December 2021, NASA selected a group of 21 diverse projects,
    called Community Anchors, from museums, science centers, library
    systems, and other informal education organizations across the country.
    Designation as a Community Anchor recognizes an institution as a local
    community resource, allowing access to rural areas. These 21 projects
    are bringing space exploration to traditionally underserved areas and
    broaden student participation in STEM fields.
        In January 2022, NASA's Teams Engaging Affiliated Museums, and
    Informal Institutions (TEAM II) program selected three informal
    education organizations to help inspire the next generation of
    explorers through STEM learning--and to expand student participation in
    STEM, including rural communities. One of the selected institutions,
    Franklin County Historical Society, Ohio, created the NASA Learning
    Lunchbox, with the goal of feeding STEM diversity and serving
    underserved youth across the Nation, including in rural areas. The
    Center of Science and Industry (COSI) distributed 30,000 kits at local
    food banks across the United States. In fact, NASA Learning Lunchboxes
    were sent to Wheeling, West Virginia. A West Virginia news article
    features this website, with the following quote: ``This unprecedented
    effort has already reached all corners of Ohio, Tennessee, West
    Virginia, Kentucky, and more, while bringing together over 400+
    partners to help address the education needs.''
        In NASA's Sparking Participation and Real-world eXperiences in STEM
    (SPARX) program, K-12 students participate in challenges, competitions,
    and hands-on activities at after-school programs. NASA SPARX is a Next
    Gen STEM pilot initiative that aims to broaden student participation in
    Agency STEM opportunities with a focus on underserved and
    underrepresented communities, including rural areas.

        Question 2. The bipartisan U.S. Innovation and Competitiveness Act,
    which passed the Senate in June last year, authorizes $10 billion for
    NASA to choose another company to compete for the Human Landing System
    within the Artemis program to land astronauts on the Moon.
        Some are arguing that locking in competition for this system will
    ensure long-term cost savings, while redundancy will ensure that we're
    not relying on foreign companies to take us to the Moon. Others argue
    this is a bailout for rich billionaires like Jeff Bezos.
        We're likely going to have a vote today on this provision.

              A.  What do you view as the importance of having a second
            Human Landing System?

        Answer. Per NASA's mission schedule for the Artemis program, the
    Human Landing System (HLS) will be employed for the first crewed lunar
    landing in 2025, and the second Artemis crewed lunar landing is planned
    as soon as 2027. SpaceX's Starship-based HLS will be employed for the
    2025 landing. In fiscal year 2023, NASA plans to enlist a second HLS
    development contractor for subsequent crewed lunar landings, and this
    approach is important to maximize the likelihood of satisfying the
    overall Artemis schedule and to avoid potentially costly impacts that
    an HLS delay would create for other elements of the Artemis
    architecture (e.g. the Space Launch System, Orion spacecraft, Gateway,
    EVA spacesuits, etc.) that also support crewed lunar missions.

              B.  What role do redundancies play in the safety and security
            of our astronauts and missions?

        Answer. As a tool to ensure mission success and crew safety,
    redundancy may be applied to individual components, such as backup
    computers, or to larger elements, such as complete spacecraft. This can
    be done using the same or different designs that can perform the same
    function. Each approach has its strengths and weaknesses, and the ideal
    case allows both to be implemented as appropriate. Space exploration
    programs, by their nature, expand the limits of our capabilities.
    Because space exploration programs operate at the edge of our
    experience base, we must address the potential for problems, including
    the use of backup designs and suppliers. The Commercial Crew Program
    faced a similar challenge, which was addressed by contracting with both
    Boeing and SpaceX. This resulted in one of the vendors successfully
    providing crew transportation to the ISS even when the other vendor had
    technical problems that delayed their capability. This freed the United
    States from dependency on Russian services years sooner than might have
    occurred.
        As the first human rated lunar landers to be built in over 60
    years, the Human Landing Systems will need to address the highest risks
    in the Artemis program. The SpaceX design is highly innovative and
    offers the potential for outstanding performance, and it will need to
    demonstrate equitable levels of safety to validate its performance
    prior to crewed missions. While NASA has much confidence in the SpaceX
    team and their design, good program management practices encourage
    including additional suppliers and designs when practical.

        Question 3. West Virginia benefits from a program called EPSCoR
    that is designed to allow states that are underrepresented in Federal
    research projects, including those at NASA and NSF, to participate in
    research. Because of this program, West Virginia researchers have
    received funds to investigate the effects of solar activity and space
    weather on Earth and its magnetic field, played a role in building an
    autonomous rover for Mars exploration, and created 3D printed materials
    and devices suitable for space usage. It's clear that Federal research
    funding has economic and quality of life implications for our states
    and communities.
        Unfortunately, that Federal research funding is not widely
    distributed. The 25 EPSCoR states and jurisdictions, including WV,
    receive just 10.15 percent of NSF research funding. In contrast, the
    top five states that receive the most NSF grants account for nearly 40
    percent of the total. The U.S. Innovation and Competition Act (USICA)
    includes a provision that would set aside 20 percent of NSF and
    Department of Energy research funding for the 28 EPSCoR states that are
    underserved by research funds.

              A.  Administrator, can you speak to the importance of this
            program and can we work together to ensure that future budget
            requests for the NASA EPSCoR program are more robustly funded?

              B.  Administrator, West Virginia researchers have told me
            that they benefited from a NASA program called the Technical
            Interchange Meeting (TIM), but NASA recently made changes to
            the programs so that it is less research-focused. Can we work
            together to ensure that the research needs of EPSCoR states
            like mine can continue?

        Answer. A. NASA's EPSCoR program continues to provide sustained
    support to jurisdictions and their institutions through a broad set of
    competitive research opportunities to build research capacity within
    the underrepresented (EPSCoR) states. This accountability entails close
    partnership and effective collaboration with the NASA Mission
    Directorates. Additionally, the fiscal year 2023 budget request
    accelerates NASA efforts related to K-12 partnerships, and broadening
    student participation, which supports the Administration's initiatives.
    NASA EPSCoR's contribution to these goals is more indirect and can be
    sustained with the fiscal year 2023 budget request as submitted.

        Answer. B. In the past, the EPSCoR Technical Interchange Meeting
    (TIM) was a stand-alone EPSCoR-only meeting that took place at a NASA
    Center. EPSCoR would conduct a meeting between the 28 EPSCoR
    jurisdiction researchers and researchers at the host Center to discuss
    possible collaborations on EPSCoR-funded research within the
    jurisdiction. Now that NASA OSTEM has moved to an enterprise approach,
    which involves integrating operations across geographic locations to
    allow for an optimum service delivery approach to meet mission needs,
    the need to create even broader connections has been paramount. Thus,
    the term ``TIM'' was dropped, and the activity was integrated into a
    larger meeting called ``Better Together,'' which incorporates more than
    just research discussions for a wider audience. The purpose of ``Better
    Together'' is to strengthen grantee and stakeholder relationships with
    OSTEM and NASA missions, integrate across projects, network, exchange
    ideas, and establish new connections. The EPSCoR discussions are now a
    smaller part of this larger meeting involving all four of the OSTEM
    enterprise projects. Although other audiences such as K-12,
    internships, broadening student participation, etc. are addressed at
    the ``Better Together'' meeting, EPSCoR is given time for their
    jurisdiction researchers, along with MUREP and Space Grant researchers,
    to meet with NASA researchers to discuss possible collaborations.

                                     ______

                   Questions Submitted by Senator Van Hollen
        Question 1. Maryland's Goddard Space Flight Center is home to the
    largest group of Earth Scientists in the world and to programs like
    Landsat, the longest continuous space-based record of Earth's land in
    existence, and the PACE mission, which is set to launch in 2024 and
    will advance data on our ocean health and study long-term climate
    trends.
        How will the Administration continue to strategically bolster
    NASA's role in our national response to climate change?

        Answer. The fiscal year 2023 President's Budget Request for NASA
    invests $2.4 billion in Earth-observing satellites and related research
    to improve the Nation's understanding of climate change. The fiscal
    year 2023 budget request will enable NASA to continue to provide the
    world with climate data from its existing fleet of Earth observing
    satellites and will expand its role as a leading provider of satellite
    Earth observations by investing in the next generation of missions to
    monitor changes taking place on Earth. The future Earth System
    Observatory (ESO) will comprise five missions that will enable
    scientists to generate a 3D, holistic view of the entire planet and to
    better understand, measure, and model the nature of the Earth's
    climatic changes. The data from the ESO will also assist with the
    evaluation of scenarios and policy options for how society might
    respond to climate change. NASA will augment the core of the ESO with a
    new class of mission, the Earth System Explorers (ESE), to make
    additional high-priority observations, potentially including greenhouse
    gases, and encourage innovative solutions through competitive mission
    selection.
        NASA also continues to advance technology for new measurement
    capabilities that can make possible future generations of airborne and
    satellite-based measurements of greenhouse gases. The fiscal year 2023
    President's Budget Request for NASA includes funding is included to
    advance the development and testing of new technologies for space-based
    greenhouse gas measurements. These technologies will enable NASA to
    improve measurements of carbon dioxide and methane fluxes and trends as
    well as global and regional quantification of point sources and
    identification of source types.
        NASA makes its data, including climate data, freely available to
    ensure anyone can access it for use in research or to inform policies
    and actions to address the threat climate change poses to economic
    prosperity and national security. In addition, NASA trains and works
    with hundreds of partners through our Applied Sciences program to
    leverage and maximize Earth science data for societal benefit. As part
    of a renewed emphasis on providing actionable data and information to a
    broad range of users, NASA is planning a new Earth Information Center
    (EIC) with an initial focus on prototyping capabilities for a
    greenhouse gas monitoring and information system that will integrate
    data from a variety of sources. A key goal of the EIC will be to make
    its data more accessible and usable to Federal, State, and local
    governments; researchers; the public; and other users.
        The fiscal year 2023 President's Budget Request for NASA also
    invests more than $500 million of the $972 million Aeronautics request
    to reduce the climate impacts of the aviation industry, which includes
    the Sustainable Flight National Partnership, through which NASA and
    U.S. companies will develop and fly a highly efficient, next-generation
    airline prototype as early as 2026, and support the global aviation
    community's aggressive goal of net-zero carbon emissions by 2050. NASA
    Aeronautics is investing in cost-sharing partnerships with U.S.
    industry under the Sustainable Flight National Partnership to research
    and demonstrate high risk, high payoff technology advancements that
    will enable entry into service in the early 2030s of next-generation
    single-aisle aircraft that are 25-30 percent more energy efficient with
    the capacity to utilize 100 percent sustainable aviation fuel and fly
    optimal trajectories. NASA Aeronautics will invest in a focused set of
    major technology demonstrations by NASA with industry, including a
    first-ever high-power megawatt-class electrified powertrain for large
    transport aircraft propulsion, advanced high-efficiency airframes,
    advanced composite structures produced four to six times faster than
    the current state of the art, and advanced small core engine
    technologies based on breakthrough NASA innovations. NASA Aeronautics,
    in partnership with the Federal Aviation Administration and airlines,
    will pioneer new air traffic management automation tools to safely and
    reliably put future aircraft on flight paths optimized for minimal
    environmental impact; the next evolution of air traffic management will
    safely increase operational efficiency at the vehicle, fleet, and
    system-wide levels. Finally, NASA Aeronautics is working with our
    nation's universities to pioneer next-generation technologies for a
    zero-emissions aviation future through the highly successful University
    Leadership Initiative.

        Question 2. Hardware and service costs have increased substantially
    due to supply chain constraints and logistics impacts because of the
    situation in Ukraine and the long-term impacts from COVID-19.
        How is NASA planning for and responding to the budget impacts of
    these events?

        Answer. NASA has on-going efforts underway to assess all of the
    areas cited by the question:
        COVID-19 has impacted NASA projects in multiple ways. In the early
    stages of the pandemic, NASA projects were impacted by facility
    shutdowns, restarts, and reduced on-site access due to social
    distancing and cleaning protocols; and interruptions to test and
    construction efforts. In March 2020, Congress passed the Coronavirus
    Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136),
    which included $60 million for NASA to help address these immediate
    impacts and support continued Agency operations. As the pandemic
    evolved, NASA projects already underway deployed cost and schedule
    reserves to address increases and delays caused by workforce
    availability issues at contractor sites, supply chain disruptions, and
    travel limitations which hindered plans for international cooperation.
    NASA has used existing risk management systems and tools to track
    evolving impacts and develop project-specific mitigation strategies.
    During COVID-19, NASA takes these risks and mitigation strategies into
    account when establishing Agency baseline cost and schedule commitments
    for projects transitioning from formulation to implementation. NASA
    also takes into account COVID-19 related impacts during project replans
    and rebaselinings.
        To date, NASA has notified Congress of nine projects across the
    Agency that have experienced cost and schedule growth due in part to
    COVID-19 pressures. These projects include the Roman Space Telescope,
    James Webb Space Telescope, Geostationary Carbon Observatory (GeoCarb),
    Surface Water and Ocean Topography (SWOT), the NASA-Indian Space
    Research Organization Synthetic Aperture Radar (NISAR), the Orion
    exploration crew vehicle, the On-orbit Servicing, Assembly, and
    Manufacturing 1 (OSAM-1) and Solar Electric Propulsion (SEP) technology
    demonstration missions, and the Low-Boom Flight Demonstration (LBFD).
        Supply chains are another area of impact. Impacts include
    significantly reduced availability of materials and services, delays in
    products delivery, schedule slips, and increased cost of materials,
    resources, and products. Systematically building and maintaining
    visibility into the supply chains for mission programs and projects is
    the basis for Supply Chain Risk Management (SCRM) supporting
    situational awareness, planning, risk analysis and informed
    decisionmaking at project and enterprise levels. NASA's Office of
    Safety and Mission Assurance (OSMA) SCRM program launched the NASA
    Supply Chain Insight Central (SCIC) information and analysis services
    platform for operational use in March 2021 to collaboratively build
    integrated, collective visibility and insight into the supply chains of
    NASA programs/projects:
      --OSMA collaboration with Agency functions is ongoing to further
            develop and implement SCIC capabilities and services to address
            key SCRM and industrial base challenges.
      --OSMA has identified, as a key priority of the SCIC initiative, the
            formulation of NASA policy and requirements for supply chain
            visibility reporting to enable SCRM, which is currently
            underway in collaboration with the NASA Office of Procurement.
        The OSMA SCRM program and its SCIC initiative is also supporting
    the Agency's partnership with the Department of Commerce to conduct a
    US. Civil Space Industrial Base survey, which is expected to
    substantially boost the Agency's insight into current and potential
    suppliers and their operating conditions.
        NASA also collaborates with key USG space partners in the DOD and
    national security community on supply chain risks and vulnerabilities.
    Relative to specific impacts of Russia's war on Ukraine, it has had
    limited impacts on NASA's programs. Impacts have largely been mitigated
    by having had on-hand forward purchases or through securing alternate
    U.S. suppliers. The issue of overall economic instability, in
    particular rising interest rates, are being monitored.

        Question 3. Decadal Surveys from the National Academies have been
    ``the gold standard'' for NASA to conduct high priority scientific
    missions. With the release of Astro2020, the astronomy and astrophysics
    Decadal Survey, does NASA intend to continue to follow the guidance of
    the Decadal Survey?

        Answer. NASA recognizes that decadal surveys are the ``gold
    standard'' for recommending prioritized science programs.
    Implementation of Decadal Survey recommendations is modified to reflect
    existing budgets, particularly when funding for new missions is
    different from that assumed in the Decadal Surveys. Specific to the
    Astro2020 Decadal Survey, implementation of recommendations will also
    depend on the progress of necessary technology maturation.
        Ahead of and following release of the 2020 Decadal Survey, NASA has
    been developing the strategy and road mapping plans for implementing
    Decadal Survey recommendations. The fiscal year 2023 budget request
    includes realistic precursor science and technology plans that are the
    first steps in an executable plan for the NASA's future astrophysics
    mission portfolio. The Decadal Survey recommends a deliberate approach
    to beginning future great observatories. NASA is pursuing the
    recommendations based on the timelines and opportunities outlined in
    the report.

                                     ______

                  Questions Submitted by Senator John Kennedy
        Question 1. I understand you made a visit to the Michoud Assembly
    Facility this past December. Michoud has weathered multiple hurricanes
    over the years, most recently Hurricane Ida. NASA's fiscal year 2023
    Budget Request includes $424 million for ``Construction and
    Environmental Compliance and Restoration.'' Is this amount sufficient
    to ensure Michoud is working on schedule and what is the status of the
    damage repairs?

        Answer. The ongoing fabrication and assembly of NASA's Space Launch
    System flight hardware at the Michoud Assembly Facility (MAF) is
    critical to the success of the Artemis program. To ensure timely
    completion of this hardware, NASA has been repairing and upgrading the
    critical infrastructure at MAF over the last several years through
    Construction of Facilities projects funded within the Construction and
    Environmental Compliance and Restoration appropriation (CECR), and
    through the fiscal year 2022 Emergency Supplemental Appropriation to
    repair damage caused by hurricanes Ida and Zeta.
        NASA's fiscal year 2023 CECR budget request includes funding for
    three (3) repair projects at MAF. These are:
      --Building 110/114 Critical Cranes Repairs;
      --Building 110/114 Fire Suppression Upgrades; and,
      --Steam Systems Upgrades, Phase 2 of 2.
        The execution of the NASA fiscal year 2022 Emergency Supplemental
    Appropriation to repair damage caused by hurricanes Ida and Zeta is
    ongoing. NASA is continuing discussions with the U.S. Army Corps of
    Engineers to execute all major roof repairs at MAF (B103, B220, B320
    and B420). It is anticipated that an agreement will be finalized within
    Q4, with roof repair contract awards following immediately thereafter.
    Additionally, NASA is continuing execution of several minor repair
    projects using available local contracting mechanisms. To date
    approximately $20 million has been obligated for these various repair
    efforts.
        The current pace of funding is sufficient to ensure that MAF is
    working on schedule and sufficient to maintain the Artemis schedule.

        Question 2. Currently, the SLS Heavy Lift Rocket for Artemis
    missions is being tested so that astronauts may return to the moon.
    Beyond the planned Artemis crew missions, what specifically will be the
    role for the SLS in the next decade? Will SLS be used for cargo-only
    missions in support of staying on the moon, or our journey to Mars, or
    to launch important science missions?

        Answer. As noted previously, the Agency is in the process of
    transitioning integrated management of SLS to industry by establishing
    an Exploration Production and Operations Contract (EPOC) contract. EPOC
    will enable industry to make the SLS available as a cargo vehicle for
    other uses, such as commercial, DOD, and science--where relevant
    capability is needed, and it is cost effective.
        NASA believes that SLS is a national asset, and transition of SLS
    Exploration Production and Operations to industry--so that industry can
    reduce the rocket's production and operations costs--is the quickest
    and most cost-effective way to enhance its use.

        Question 3. Administrator Nelson, Louisiana benefits from a program
    called EPSCoR that is designed to increase research capacity in states
    that are underrepresented in Federal research projects, including those
    at NASA. I am concerned that the Office of STEM Engagement's mission
    and goals don't align well with the research focus of this program.
    Will you work with me to find a better home for this research program
    within the agency?

        Answer. NASA's Office of STEM Engagement is accountable for the
    Agency's STEM engagement function, providing strategic guidance,
    integration, and operational oversight of a portfolio of efforts to
    support students, educators, and educational institutions, as well as
    management of the appropriated STEM engagement program. This
    accountability entails close partnership and effective collaboration
    with the NASA Mission Directorates.
        NASA EPSCoR is fully aligned with the Agency's STEM engagement
    strategy and organizationally is positioned in the Office of STEM
    Engagement for cross-cutting research efforts and direct contributions
    to Mission Directorate needs and priorities. This is accomplished
    through an effective structure with established liaisons with Mission
    Directorate and Center technical organizations. These liaisons
    establish requirements for EPSCoR solicitations, review proposals and
    provide support and active engagement throughout the life cycle of the
    various EPSCoR activities. NASA EPSCoR ensures that all Mission
    Directorate needs are represented through the set of solicitations each
    year and works with technical organizations effectively to drive
    results that are of value to both NASA and the EPSCoR jurisdictions.

        Question 4. In looking over your fiscal year 23 budget request for
    the Office of STEM Engagement, can you explain why the allocation for
    NASA EPSCoR remained flat? This is a very important program for my
    state to build research capacity in areas vital to NASA's mission, and
    I am concerned that it is not being prioritized enough in your budget.

        Answer. NASA EPSCoR continues to provide sustained support to
    jurisdictions and their research institutions through a broad set of
    competitive research opportunities. Additionally, the fiscal year 2023
    budget request accelerates NASA efforts related to K-12, partnerships,
    and broadening student participation, which supports the
    Administration's initiatives. NASA EPSCoR's contribution to these goals
    is more indirect, and can be sustained with the fiscal year 2023 budget
    request, as submitted.

    _______________________________________________________________________
                QUESTIONS SUBMITTED BY SENATOR DIANNE FEINSTEIN
    Questions Submitted to Hon. Sethuraman Panchanathan, Director, National
                               Science Foundation
        Question 1. Support for astronomy research has long been divided
    between NASA and NSF, with NASA supporting space-based telescopes, and
    NSF supporting ground-based telescopes. Traditionally, NSF has relied
    heavily on significant private investment in ground-based astronomy.
    Astronomy remains one of the few scientific disciplines with no
    associated NSF-funded research center. Director Panchanathan, with the
    increasing scale and cost of ground-based telescopes putting this
    research outside of the scope for anyone but national governments, what
    is your plan for research investments?

        Answer. The NSF Division of Astronomical Sciences (AST) currently
    manages four federally Funded Research and Development Centers
    (FFRDCs): NSF's National Optical-Infrared Astronomy Research Laboratory
    (NOIRLab), the National Solar Observatory (NSO), the National Radio
    Astronomy Observatory (NRAO), and Green Bank Observatory (GBO). These
    FFRDCs operate observing facilities, build instrumentation, and develop
    data analysis pipelines and archives, while also serving as focal
    points for organizing and engaging the U.S. nighttime optical, solar,
    and radio communities. These centers play essential roles to build
    collaborations and partnerships with universities, not-for-profit
    private entities, other U.S. government agencies, and international
    institutions that enable NSF to undertake projects of increasing scale
    and complexity. Significant examples include the International Gemini
    Observatory (an international partnership managed by NSF as part of
    NOIRLab), the Atacama Large Millimeter/submillimeter Array (ALMA, an
    international partnership in which NRAO represents the U.S. interests),
    and the soon-to-be commissioned Rubin Observatory (an inter-agency
    partnership with the Department of Energy, which will be part of
    NOIRLab as it transitions into operations). Such partnerships, along
    with those with private entities such as Keck, Simons, Moore, and other
    foundations, form a key component of NSF's strategy to undertake the
    next generation of optical and radio facilities, and our FFRDCs will
    continue to play a central role in building and maintaining these
    relationships.

        Question 2. The NSF recently launched its Technology, Innovation,
    and Partnership (TIP) Directorate, which is focused on supporting
    critical technologies, workforce development, and the translation of
    basic research for commercial goals. These goals are certainly
    laudable, but these goals should be in addition to NSF's existing
    activities and not result in decreases to basic science research
    funding. Director Panchanathan, will you ensure that basic science
    research does not receive decreased funding or support in order to
    support the TIP Directorate?

        Answer. NSF will continue to support the full spectrum of
    fundamental research, from foundational, curiosity-driven, discovery-
    oriented research to use-inspired, solutions-oriented research.
    Building on NSF's longstanding leadership in science and engineering
    research and education, TIP serves as a crosscutting platform and
    collaborates with NSF's other directorates and offices to leverage,
    energize, and rapidly advance use-inspired, solutions-oriented research
    and innovation in critical and emerging technologies and industries.
    NSF has long invested in use-inspired research and the translation of
    research results into practice through a wide range of programs.
        NSF is taking a balanced approach between its existing directorates
    that support basic research and TIP in the fiscal year 2023 President's
    Budget Request. The request calls for an increase of $1.64 billion for
    the Research and Related Activities and STEM Education Accounts over
    fiscal year 2022 Enacted, around $430 million would go to TIP as part
    of the directorate's initial ``start-up,'' and $1.21 billion would go
    to the other research directorates and offices. It will be critically
    important for TIP to work closely and collaboratively with all the
    other NSF directorates and offices to identify specific areas ripe for
    co-investment.
        Increased funding for TIP is contingent upon Congressional
    appropriations, and NSF greatly appreciates the continued strong
    bipartisan support for the agency.

                                     ______

                  Questions Submitted by Senator Brian Schatz
        Question 1. The United States is a leader in both ground- and
    space-based astronomy due to six decades of sustained commitment to
    develop, fund, and operate cutting edge instruments. In spite of this
    long-standing history, there is no funding in either NSF's or NASA's
    fiscal year 2023 budget to begin implementation of any of the
    recommendations in the decadal survey of astronomical science,
    Astro2020.

              A.  Please explain the absence of implementation funding in
            either the NASA or the NSF budget.

        Answer. The delay of the Decadal Survey due to COVID resulted in
    the committee recommendations (released in November 2021) arriving well
    after the agencies' development of the fiscal year 2023 budget request
    and shortly before iterations with OMB. NSF has opened discussions with
    the projects prioritized in the Astro2020 report and is working with
    them to understand their needs, which have evolved significantly since
    their presentations to the Astro2020 committees in late fiscal year
    2019. NSF is exploring ways to provide critical funding support for
    further design and development activities that respond to the highest
    priority recommendations from Astro2020. Any future facilities
    ultimately represent significant investments by the U.S. taxpayer,
    requiring detailed planning and review through the well-developed Major
    Facility processes at NSF, which are designed to ensure the success of
    such large projects and to secure return on those investments.

              B.  Does the lack of implementation funding signal that the
            Administration intends to pivot away from our nation's six-
            decade commitment to astronomy? If the Administration is
            turning away from astronomical science, please explain why.

        Answer. NSF remains committed to the continued support of astronomy
    and is developing a broad and thoughtful response to Astro2020,
    including evaluation of the recommended next- generation facilities as
    well as planning for the recommended investments in other areas
    highlighted as critical to ensuring a healthy and vibrant U.S.
    astronomical community. The facilities discussed in the Decadal Survey,
    both those NSF currently operates and potential future telescopes, form
    a system of research infrastructure across many scales that will
    continue U.S. leadership in the key fields of astronomy and
    astrophysics (e.g., radio, optical, gravitational waves) and provide
    scientific data to thousands of scientists across the U.S. The
    democratization of science--allowing researchers from many different
    states, universities, and institutes to participate in world-leading
    research activities--has been an enormous strength of the U.S.
    scientific environment. NSF will continue this tradition through a
    balanced portfolio that provides support for members of the research
    community coupled with open access to the advanced tools and datasets
    that they need to do world-leading science such as that prioritized in
    Astro2020.

              C.  If not, why is there no mention of either ground- or
            space- based priorities in its budget request?

        Answer. The unfortunate timing of the release of Astro2020 did not
    provide NSF sufficient lead time to incorporate specific initiatives in
    the fiscal year 2023 budget request. The request does, however,
    highlight the roles of two of NSF's federally Funded Research and
    Development Centers (FFRDCs) - the National Radio Astronomy Observatory
    (NRAO) and NSF's National Optical-Infrared Astronomy Laboratory
    (NOIRLab) - inleading development efforts for the next generation
    facilities prioritized by Astro2020 and in supporting the broad
    scientific priorities described in the report. Of note is the ramp up
    in operations funding for the Vera C. Rubin Observatory, which was
    highlighted as an ongoing priority in the Astro2020 report.

              D.  If the Committee were to provide near-term funding to
            start implementation of Astro2020, may I have your commitment
            that you begin as soon as the funds become available?

        Answer. NSF greatly appreciates your support of its mission and
    specifically the support for continued leadership in the astronomical
    sciences. NSF has requested funding for Astronomy in the President's
    fiscal year 2023 budget that is sufficient to advance high priority
    activities identified in Astro2020, projects in which we have already
    invested almost $100 million for development. Of course, allocation and
    award of the funding will rely upon our thorough review processes to
    ensure that the investments are made in a fiscally sound manner and
    will result in the best science opportunities for the U.S. community.

        Question 2. The US Extremely Large Telescope Consortium and its
    counterpart in radio astronomy have submitted development proposals to
    the NSF in recent weeks.

              A.  What is the schedule to begin the review of these
            proposals?

        Answer. In general NSF neither publicly acknowledges the receipt of
    nor comments on review of proposals. However, we can assure you that we
    are communicating and coordinating with the projects prioritized in the
    Astro2020 report to understand their near-term needs. NSF strives to
    process all proposal requests in a timely manner.

              B.   If they are deemed meritorious, will the NSF fund them
            with the considerable balances in the Agency's research
            account, or from unobligated funds elsewhere?

        Answer. Again, NSF neither publicly acknowledges the receipt of nor
    comments on review of proposals. Being judged meritorious is one of
    many factors used in a funding decision. Successful facility design and
    development proposals are funded from the Research and Research
    Activities (R&RA) account appropriation.

                                     ______

                   Questions Submitted by Senator Joe Manchin
        Question 1. I was so disappointed that we were not able to schedule
    a visit to the Green Bank Observatory last month, but I can tell you
    that there was a big ice storm there that day so we both lucked out.
    Our meeting would have otherwise had great timing, as it coincided with
    the release of the decadal survey on astrobiology by the National
    Academies of Science, which highlighted the Green Bank Telescope as
    playing a key role in the future of earth's defense against asteroids
    and other near-earth objects. For many years, I have been committed to
    ensuring the Green Bank Observatory stays open for the next generation
    of young scientists in West Virginia and around the world. Through my
    seat on this Committee, I have strongly supported Green Bank's work
    observing and cataloging near-earth objects, including the development
    of new technology that would make it the world's largest moveable
    antenna and transmitter.

              A.  How is Green Bank used in the detection of near-Earth
            objects, and how could it be used in the future?

        Answer. As highlighted in the newly released Planetary Science and
    Astrobiology Decadal Survey 2023-2032, ground-based radar observations
    can provide invaluable information to reduce orbital uncertainties of
    near-Earth objects by several orders of magnitude and can also yield
    detailed characterization of their physical properties that can
    influence impact mitigation strategies. NSF's National Radio Astronomy
    Observatory (NRAO) and Green Bank Observatory (GBO) are developing new
    instrumentation that will enable studies of near-Earth objects to
    refine orbits and assess the level of threat they pose. pose. Over the
    past two decades, NSF and GBO have worked successfully with NASA and
    commercial entities to receive radar transmissions for scientific and
    defense purposes. NSF will be discussing opportunities for enhancing
    collaboration in the coming years that make use of the capabilities of
    the Green Bank Telescope (GBT).

              B.  How will NSF respond to the recommendations from the
            National Academies of Science, particularly its recommendation
            for the use of the Green Bank Telescope as a transmitting
            station?

        Answer. NSF is currently funding a design study for a high-power
    (500 kW) radar transmitter for installation on the Green Bank
    Telescope, and discussions are underway with the scientific community,
    and other agencies as NSF plans the final design and construction of
    the system.

        Question 2. The collapse of the Arecibo Observatory in Puerto Rico
    in 2020 was shocking. While the Green Bank Telescope was built much
    more recently than Arecibo, the collapse of Arecibo does call into
    question NSF's assets around the world, and whether they too are in
    need of maintenance. With the establishment of the new Tech Directorate
    at NSF, it is particularly important that NSF does not lose sight of
    its traditional research responsibilities. I understand that NSF is
    conducting a review of its facilities in the wake of the Arecibo
    collapse.

              A.  Have you reviewed the status of Green Bank? How would you
            grade the infrastructure at the site?

        Answer. Yes, NSF regularly assesses the condition of the Green Bank
    facilities, undertaking a thorough external review roughly every 3
    years in addition to the annual maintenance activities. The most recent
    assessment is currently being completed. Although the preliminary
    report has identified no urgent safety or structural issues, it does
    identify several elements of site infrastructure that will soon need
    significant investment to address maintenance typical of a facility
    that is twenty years old. These include work on the azimuth track as
    well as a need for large-scale repainting to ensure the structure
    remains sealed and protected from the elements, enabling it to
    withstand another twenty years of operations. NSF will work with the
    awardee, AUI, and Green Bank Observatory staff to determine the
    preferred approach and appropriate timescales for addressing the issues
    identified by this recent assessment.

              B.  Please keep in touch with my office with respect to any
            needs or requirements for maintenance for Green Bank. It would
            be devastating to lose the capabilities that Green Bank
            provides.

        Answer. Thank you--NSF agrees completely!

        Question 3. West Virginia benefits from a program called EPSCoR
    that is designed to allow states that are underrepresented in Federal
    research projects, including those at NASA and NSF, to participate in
    research. Because of this program, West Virginia researchers have
    received funds to investigate the effects of solar activity and space
    weather on Earth and its magnetic field, played a role in building an
    autonomous rover for Mars exploration, and created 3D printed materials
    and devices suitable for space usage. It's clear that Federal research
    funding has economic and quality of life implications for our states
    and communities. Unfortunately, that Federal research funding is not
    widely distributed. The 25 EPSCoR states and jurisdictions, including
    WV, receive just 10.15 percent of NSF research funding. In contrast,
    the top five states that receive the most NSF grants account for nearly
    40 percent of the total. The U.S. Innovation and Competition Act
    (USICA) includes a provision that would set aside 20 percent of NSF and
    Department of Energy research funding for the 28 EPSCoR states that are
    underserved by research funds.

              A.  Director, what steps can NSF take beyond EPSCoR to
            improve its investments in smaller, more rural states like WV?

        Answer. NSF is committed to expanding its geographic engagement to
    spur innovation that provides an opportunity to capitalize on talent
    across the U.S. NSF has a critical role in catalyzing networks of
    institutions, through partnership opportunities, to build the next
    generation of centers focused on innovation and contribute to local
    economies. As of fiscal year 2021, approximately 13 percent of NSF
    funding (i.e., R&RA, EHR, and MREFC appropriation accounts) was awarded
    to institutions in EPSCoR jurisdictions. The five initial EPSCoR
    jurisdictions that joined NSF EPSCoR in 1980 have increased their
    proportion of NSF's total research funding by 76 percent over the past
    42 years. Other cohorts that entered in later years have also shown
    remarkable gains, with each cohort showing an increase in research
    competitiveness over the periods of participation.
        NSF has two specific activities planned for increasing investment
    in EPSCoR states. In fiscal year 2023, NSF has proposed a new cross-
    agency activity, Growing Research Access for Nationally Transformative
    Equity and Diversity (GRANTED). Through GRANTED, NSF will engage under-
    resourced and under-served institutions, including MSIs, community
    colleges, rural institutions, predominantly undergraduate institutions,
    and emerging research institutions, to build and enhance their research
    support capacity. As a result, investigators at under-resourced
    institutions, including institutions within EPSCoR jurisdictions, will
    be equipped to submit more competitive research proposals to programs
    across NSF.
        NSF will also support specific targeted research capacity building
    activities for EPSCoR-eligible states. The EPSCoR program will explore
    mechanisms that will foster partnerships and collaborations among
    eligible institutions not previously engaged in EPSCoR research
    capacity building activities. These activities will include additional
    enhancements to existing Research Infrastructure Improvement (RII)
    tracks, possible new funding opportunities that will leverage the
    success of EPSCoR's fiscal year 2022 RII Bridging EPSCoR Communities
    initiative in response to American Rescue Plan funding, and
    partnerships with cross-directorate funding activities aimed at
    enhancing the delivery of benefits from EPSCoR research to the
    respective jurisdiction's economic, industrial, and research
    development.
        Beyond GRANTED and EPSCoR, NSF has multiple programs designed to
    increase research capacity and leverage realized research
    infrastructure from across the Nation, including in EPSCoR
    jurisdictions. Examples of additional NSF programs that may enhance the
    research capacity of EPSCoR jurisdictions include Mid-scale Research
    Infrastructure Track 1, National Artificial Intelligence (AI) Research
    Institutes, the Expanding Capacity in Quantum Information Science and
    Engineering (ExpandQISE) program, and the recently announced Regional
    Innovation Engines, which is being coordinated by the newly established
    Directorate for Technology, Innovation, and Partnerships (TIP).

        Question 4. The cybersecurity of our nation's critical
    infrastructure and government systems is very important to me. We
    cannot have a strong cybersecurity defense without the workforce to
    maintain these systems. I am concerned about the state of our
    cybersecurity workforce, in particular attracting new talent to work in
    government agencies. I am pleased that the National Science Foundation
    is providing CyberCorps Scholarships to students who agree to work in
    cybersecurity jobs for Federal, state, local or tribal governments
    after graduation. As I understand, most of these scholarships are given
    to students from four-year collegiate institutions and community
    colleges can only put forth nominees if the student agrees to transfer
    to a four-year college to complete a bachelor's degree.

              A.  I think that we are missing out on a population of
            individuals who can be very valuable to the cybersecurity
            workforce with an associate's degree or certifications provided
            through trade school programs. Would you be willing to consider
            adjusting the scholarships to drop the four-year college
            requirement?

        Answer. NSF appreciates your recognition of the important aim of
    the CyberCorps Scholarship for Service (SFS) program, to attract
    talented students to work in Federal, state, local, or tribal
    government organizations following their graduation. Community colleges
    do play an important role in the efforts to develop the cybersecurity
    workforce necessary for the Nation's cybersecurity missions. They offer
    an important pool of students who could be recruited to fill the
    cybersecurity needs of government.
        Historically, SFS supported only students in their junior and
    senior years so community colleges were not participating. The
    Cybersecurity Enhancement Act of 2014 introduced the opportunity to
    provide 3 years of SFS support and, subsequently, community college
    (CC) students were included in the SFS program via a ``CC Pathways
    track'' where second-year students at community colleges became
    eligible for 1 year of support and could then transfer to a four-year
    SFS institution to be supported for two more years. As of December
    2021, there were 28 community colleges participating in the CC
    Pathways, in addition to the 83 four-year SFS schools.
        The CC Pathways approach was intended to mitigate a problem with
    placing SFS students without a four-year degree in Federal government
    positions until government hiring practices evolve towards a
    competency-based approach. The National Defense Authorization Act for
    fiscal year 2018 authorized an alternative approach, the Community
    College Cyber Pilot (C3P) program. Specifically, it authorized SFS
    scholarships for community college students who are pursuing associate
    degrees or certifications and who already have bachelor's degrees or
    are veterans of the Armed Forces. The C3P Pilot consists of 8 community
    colleges that in September 2018 received grants for a three-year
    period. However, due to the impact of the ongoing COVID-19 pandemic,
    the pilot has been extended to the fourth year and will conclude in
    September 2022. It is expected that the final evaluation of the C3P
    pilot outcomes will be available by January 2023.
        In addition to the above options, the SFS program has considered
    other changes including dropping the four-year college requirement
    (currently, only veterans of the Armed Forces are eligible). However,
    NSF would need to proceed with caution because the students who are
    unable to fulfill their government service see their scholarship
    converted into a Federal Direct Loan. This situation presents a grave
    risk.
        An additional factor is that as more and more scientific advances,
    such as artificial intelligence or quantum science, are incorporated
    into cybersecurity education, the coursework demands are increasing. In
    fact, a workforce with integrated AI and cybersecurity competencies is
    one of the strategic directions for the SFS program. Under this
    scenario, fulfilling the necessary course requirements in a two-year
    program of study may prove challenging.
        At the same time, NSF will use any opportunity to pilot and
    evaluate new models to recruit the first- or second-year community
    college students and mentor them to successfully compete for entry-
    level cybersecurity positions.
        In addition to the SFS program, NSF also supports cybersecurity
    development at community colleges through the Improving Undergraduate
    STEM Education: Computing in Undergraduate Education (IUSE:CUE) program
    which invests in computing curricular development and has a community
    colleges track. The Advanced Technological Education (ATE) program,
    which focuses on the community college education of technicians of the
    future in advanced technological areas, also invests in cybersecurity
    education including both national centers of excellence, and the
    engagement of institutions new to NSF.

                                     ______

              Questions Submitted by Senator Shelley Moore Capito
        Question 1. Since its dedication in 2000, the GBT has been a
    fundamental instrument for planetary science and planetary defense,
    observing NEOs and Potentially Hazardous Asteroids, the Moon, and the
    terrestrial planets as a receiver for radar projects. Now, thanks to
    new technology under development for the GBT, it is the largest fully
    steerable antenna in the world capable of transmitting radar signals
    for research. The GBT's 100- meter diameter makes it an impressive tool
    for radar work. The location of the GBT and its maneuverability permits
    it to observe 85 percent of the celestial sphere, allowing it to
    quickly track objects across its field of view.
        Director, for several years I have had to talk to previous
    Directors imploring them to not mothball the Green Bank Telescope. We
    have a new director there, Dr. James Jackson, and I wonder if you could
    talk a moment about the possibilities and promise of radar systems in
    the area of planetary defense. The National Academy of Sciences has
    written on the dangerous effects of the impacts of Near Earth Objects.

              A.  I believe Green Bank can play a role here, what are your
            thoughts?

        Answer. GBT can play a significant role in determining the orbits
    and characterizing the physical properties of NEOs, particularly in
    conjunction with NASA's Goldstone Solar System Radar (GSSR) systems.
    GBT already occasionally operates as part of a bistatic radar facility
    in which the GSSR transmits radar pulses and the GBT receives the faint
    return signals from the reflection of those pulses by NEOs. NSF is
    currently funding a design study for a high power (500 kW) radar
    transmitter for installation on the GBT that will be complementary to
    the GSSR. Discussions are underway with NASA and national security
    agencies about how partnerships building upon this development may be
    able to enhance current capabilities.

                                     ______

                  Questions Submitted by Senator Bill Hagerty

        Question 1. In my previous role as the U.S. Ambassador to Japan, I
    saw firsthand the importance of maintaining U.S. superiority in
    technology and innovation. I'm very concerned by the rapid growth in
    China's R&D investments and what this means for U.S. global
    competitiveness. According to the National Science Board's 2022 Science
    and Engineering Indicators, ``The share of global R&D performed by the
    U.S. declined from 29 percent in 2010 to 27 percent in 2019, whereas
    the share by China increased from 15 percent to 22 percent.'' Dr.
    Panchanathan, how do you see NSF's role evolving as U.S. leadership is
    being challenged?

        Answer. Our Nation's economic and national security depends on its
    ability to:

      --Invest heavily in the technologies of today and tomorrow;
      --Unleash innovation everywhere by building ecosystems of innovation
            in every region of the country; and
      --Quickly develop our domestic talent across every geographic and
            demographic background.

        The technologies of today--from artificial intelligence to quantum
    information science to semiconductors and microelectronics--hold
    massive implications for national and economic security. It is
    imperative that NSF double down now on these critical technology areas
    and the research that will seed the technologies of the future.
        For decades, NSF has seeded high-risk and nascent ideas that have
    over time developed into applied technologies with transformative
    impacts on our economy and society. For instance, Google and Qualcomm,
    now multibillion-dollar companies, each started with a single grant
    from NSF. Similarly, the AI revolution that we are witnessing today
    traces its roots to investments by NSF in the 1980s and 1990s. As an
    example, when a streaming service recommends the next show that you
    should watch based on what you watched the night before--that
    capability is fueled by NSF-funded research on a technique called
    collaborative filtering. And the convergence of the NSF-funded page-
    rank algorithm that led to Google, wireless networking, touchscreen
    interfaces, and other innovations has catalyzed unanticipated
    industries like mobility and e-commerce in which the U.S. dominates
    today.
        Global R&D investments have tripled over the last two decades, and
    while US investment has also grown, the U.S. share has gone down, with
    the rate of growth steeper in other Nations. While the top-down
    structures in non-democratic nations do not foster sustained
    innovation, it is nonetheless imperative that we strengthen our
    investments and our overall approach to R&D in critical and emerging
    technologies at speed and scale. The risk of falling behind is simply
    not an option.
        That is why NSF launched a new directorate--our first in more than
    three decades--called Technology, Innovation and Partnerships, or TIP.
    The goal of the TIP directorate is to do precisely as described above--
    to leverage, energize, and rapidly advance use-inspired, solutions-
    oriented research and innovation in critical and emerging technologies
    and industries. By collaborating with NSF's other directorates, the
    rest of the Federal enterprise, and the private sector, TIP will
    advance technology and address national, societal, and economic
    challenges, including regional opportunities present across the Nation;
    accelerate the translation of research results to the market and
    society; and tap into the vast talent base that exists throughout the
    Nation and has for too long been left behind when it comes to the U.S.
    research and innovation enterprise.
        This is not the type of research the private sector will support by
    itself. The U.S. has led because of the uniquely American innovation
    ecosystem that has brought together academia, industry, and government
    in a powerful way, with Federal investments in academic research
    seeding industry uptake leading to new products and services.
    Investments by both are necessary in order to stay ahead. Indeed, the
    U.S. innovation ecosystem is the envy of the world--and now is not the
    time to let up. Sustained growth in NSF, the Federal Government's basic
    research agency, is critical to ensuring the U.S. remains in the
    vanguard of global competitiveness.
        Dr. Panchanathan, NSF recently announced a new Technology,
    Innovation, and Partnerships (TIP) Directorate to focus on creating
    breakthrough technologies to meet the societal and economic needs of
    our country. I understand that NSF has already moved some existing
    programs into the TIP Directorate and has begun to make new funding
    announcements.

        Question 2. Can you speak to whether the process TIP will use to
    review grants will be modified to match the goals of the directorate?

        Answer. The TIP directorate will build upon NSF's longstanding
    merit review process in developing an approach that best aligns with
    the directorate's mission while enabling the selection of the best
    proposals for funding. The directorate anticipates incorporating broad
    and diverse expertise in its review process, including individuals from
    government, industry, and nonprofits in addition to academia, along
    with detailed program-specific review criteria. TIP will also pursue
    pilots to enhance the review process, accelerate the proposal review
    and award timeline, and ensure milestone-based assessment of active
    awards.

        Question 3. Are there new, more nimble and flexible funding
    mechanisms and processes that you plan to implement that would be
    unique to the directorate?

        Answer.  TIP is actively exploring new funding mechanisms and
    oversight processes. For example, in the beginning of May, NSF launched
    the NSF Regional Innovation Engines program by issuing a Broad Agency
    Announcement--a relatively novel approach for NSF. The goal with this
    approach is to engage the broadest set of stakeholders, beyond the
    traditional academic community with which NSF usually engages. A recent
    webinar for this program drew over 2,600 participants, almost 50
    percent of whom were from non-academic institutions--an initial sign of
    success for this approach.
        More generally, NSF has partnered with a firm to run a series of
    visioning workshops and is in discussions with the Federation of
    American Scientists to explore new funding mechanisms that would help
    to accelerate research and innovation.

        Question 4. Institutions in Tennessee tell me that they are eager
    to take advantage of the programs TIP intends to launch, particularly
    possible expansions to the I-Corps program. Can you speak to your
    vision for this important entrepreneurial program? Will anything about
    it change now that it is part of TIP?

        Answer. The NSF Innovation Corps (I-CorpsTM) program, an
    experiential entrepreneurial education program, will continue to
    further the Nation's innovation ecosystem by equipping researchers with
    the tools needed to transform discoveries into innovative technologies.
    I-CorpsTM connects the technological, entrepreneurial, and
    business communities, addressing skill and knowledge gaps to accelerate
    the transformation of basic research into deep technology ventures.
        Over time, NSF anticipates enhancing and optimizing the agency's
    current ``Lab-to-Market Platform,'' which includes the I-
    CorpsTM program. This will allow researchers to pursue
    additional prototyping, demonstration, and scale-up work, giving rise
    to new startups and small businesses that will lead to new markets and
    economies of scale. For example, through the I-CorpsTM
    program, NSF will build out I-CorpsTM Hubs so that every
    part of the country has easy access to these ``national resources'' and
    support an increasing number of Teams each year. With increased
    funding, NSF would be able to support partnerships between I-
    CorpsTM and other NSF programs such as the Convergence
    Accelerator and NSF Regional Innovation Engines.

        Question 5. As NSF launches the TIP Directorate and is placing
    increased attention and resources towards more use-inspired research in
    key technology areas, we must be mindful not to duplicate efforts of
    other research agencies, including the Dept. of Energy. For over 70
    years, NSF's strength has been its ability to promote scientific
    progress across basic scientific and engineering disciplines as the
    cornerstone of America's basic research enterprise. How is NSF
    balancing these other fields of basic research versus the more applied,
    technology-driven research it is now pursuing? What will the future of
    other directorates look like as TIP ramps up? And how is NSF
    collaborating with other agencies, such as DOE, to ensure taxpayer
    dollars are being used efficiently?

        How is NSF balancing these other fields of basic research versus
    the more applied, technology-driven research it is now pursuing?

        Answer. NSF has consistently supported the full spectrum of
    fundamental research, from foundational, curiosity-driven, discovery-
    oriented research to use-inspired, solutions-oriented research. Indeed,
    this synergy between discovery and innovation constitutes NSF's
    ``DNA,'' if you will. It is how transformational leaps forward happen.
    In a similar fashion, NSF's investments in science and technology are
    also intertwined. The scientific pursuit of knowledge and understanding
    cannot be separated from the development of new technological
    capabilities. In turn, new technology capabilities enable the pursuit
    of new scientific research questions that were previously out of reach.
        NSF has long invested in use-inspired research and the translation
    of research results into practice through a wide range of programs. The
    TIP directorate constitutes a once-in-a-generation opportunity to
    double down on this type of work to focus on pivotal challenges and
    positively transform society, and to do so through public and private
    partnerships that help to inform, coordinate and grow NSF's research
    and education investments. Together, TIP and the other NSF directorates
    and offices will advance technology; address national, societal, and
    economic challenges, including regional opportunities present across
    the Nation; and tap into the vast talent base that exists throughout
    the Nation and has for too long been left behind when it comes to the
    U.S. research and innovation enterprise.

        What will the future of other directorates look like as TIP ramps
    up?

        Answer. Building on NSF's longstanding leadership in science and
    engineering research and education, TIP serves as a crosscutting
    platform and collaborates with NSF's other directorates and offices to
    leverage, energize, and rapidly advance use-inspired, solutions-
    oriented research and innovation in critical and emerging technologies
    and industries. In general, NSF plans to take a balanced approach
    between its existing directorates that support basic research and TIP.
    For over seven decades, NSF has been investing in fundamental research
    in all fields of science and engineering, delivering foundational and
    use-inspired outcomes, and will continue to do so.

        And how is NSF collaborating with other agencies, such as DOE, to
    ensure taxpayer dollars are being used efficiently?

        Answer. Within the Federal research and development enterprise,
    NSF's investments complement those of other agencies. Specifically,
    many other agencies invest in R&D focused on their mission needs. NSF
    investments in fundamental research often involve partnerships with
    other agencies to leverage that research and help meet those agencies'
    needs. For example, NSF has collaborated with the U.S. Department of
    Agriculture (USDA) on the NSF-led National Artificial Intelligence
    Research Institutes program, with USDA's National Institute of Food and
    Agriculture fully funding four food and agricultural institutes to
    date. Beyond these partnerships, NSF stands ready to rapidly scale use-
    inspired and translational research, complementing and enhancing R&D
    investments across the Federal government.
        TIP serves as an agency-wide resource to catalyze and scale public
    and private partnerships to amplify and further the impact of NSF
    investments in research, innovation, and education. Specifically, TIP
    provides expertise and support to build partnerships, along with co-
    funding to strategically advance high-impact relationships that will
    deepen and advance NSF's mission across science, engineering, and
    education. TIP ensures these partnerships expand the reach of, and
    exponentially increase the return on, NSF's investments across all
    directorates and offices.

        Senator Shaheen. This was a very informative hearing. It
    feels like our science future is in good hands, and we very
    much appreciate the work that both of you are doing--
        Dr. Panchanathan. Thank you.
        Senator Shaheen [continuing]. And look forward to
    continuing to collaborate and cooperate with your efforts.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. At this point, the subcommittee stands in
    recess until Wednesday, May 11, at 2:00 p.m., when we will hold
    a hearing on the budget request of the Department of Commerce.
    Thank you both.
        Dr. Panchanathan. Thank you, Madam Chair and Ranking Member
    Moran.
        [Whereupon, at 11:55 a.m., Tuesday, May 3, the subcommittee
    was recessed, to reconvene subject to the call of the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2023

                                  ----------

                            WEDNESDAY, MAY 11, 2022

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

        The subcommittee met at 2:00 p.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair), presiding.
        Present: Senators Shaheen, Feinstein, Reed, Schatz, Van
    Hollen, Moran, Murkowski, Collins, Capito, Hagerty, and Braun.

                             DEPARTMENT OF COMMERCE

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. Good afternoon. The Subcommittee on
    Commerce, Justice, Science, and Related Agencies will come to
    order.
        We are delighted to have the Secretary of Commerce, Gina
    Raimondo here, to speak to the President's fiscal year 2023
    funding request for the Department. It is great to have you
    back before the subcommittee.
        We have three votes that are supposed to be starting at
    2:30, and in the interest of time I am going to submit my
    opening statement for the record.

        [The statement follows:]
                   Prepared Statement of Hon. Jeanne Shaheen
        Good afternoon, everyone, and welcome to today's hearing to review
    the President's fiscal year 2023 funding request for the Department of
    Commerce. Our witness today is Secretary Gina Raimondo.
        Secretary Raimondo, it's great to see you again.
        At its core, the Department of Commerce's mission is to help
    American workers and businesses thrive.
        To achieve this goal, the Department relies on a talented workforce
    spread across all 50 States, every U.S. Territory, and dozens of
    countries around the world. I want to thank the more than 40,000
    Department employees for their work.
        With its unique tools, the Department is often called upon to meet
    our country's most complex challenges.
        The Department's trade experts enforce sanctions that are the
    lynchpin of our county's response to Russia's invasion of Ukraine. Its
    world-class scientists are on the front lines of responding to the
    climate crisis.
        And the Department's economic development staff are helping
    communities bounce back from the recession caused by the COVID-19
    pandemic. The Department really is America's Swiss Army knife.
        To maintain the Department's diverse capabilities, this
    Subcommittee must ensure that the Department has the resources it needs
    to succeed.
        To that end, the fiscal year 2022 omnibus spending bill included
    $9.9 billion for the Department of Commerce.
        This year, the President's fiscal year 2023 budget request for the
    Department of Commerce is $11.7 billion--an 18 percent increase
    compared to the fiscal year 2022 enacted level for the Department.
        This proposal builds off of the Department's ongoing work to help
    American workers and businesses compete.
        To do so, this budget proposes increasing funding for NIST by
    nearly $240 million.
        This investment would boost advanced manufacturing research and
    strengthen manufacturers around the country--all to support good-paying
    American jobs and improve U.S. competitiveness.
        The budget also proposes a nearly billion dollar increase for the
    National Oceanic and Atmospheric Administration (NOAA).
        With this investment, NOAA will expand climate and weather research
    and operations, upon which New Hampshire's Seacoast communities and
    fisheries rely.
        Turning to international trade, I was especially pleased to see the
    budget propose a $26 million increase to support small- and medium-
    sized American businesses through Global Markets at the International
    Trade Administration.
        This is a big deal for small states like New Hampshire, which were
    adversely impacted by the trade policies of the previous
    administration, and are trying to recover as we fight to put COVID-19
    in the rearview mirror.
        Every effort should be made to assist our local businesses.
        When I was Governor of New Hampshire, I led the first trade mission
    outside of North America, so never count the little guy out--we're
    always looking for ways to increase the size of our footprint in the
    global market, and international trade programs allow us to do that.
        And on that note, this office helps American businesses tap into
    new markets abroad. The potential return on investment for this funding
    is enormous.
        In 2020, New Hampshire exported $5.5 billion in goods to the world.
    Increasing that amount by even a fraction would benefit my entire
    State.
        The budget proposal also would strengthen the Bureau of Industry
    and Security's efforts to stop illegal exports to Russia and to enhance
    trade export control partnerships with allies.
        As you know, we included $22 million for these efforts in the first
    Ukraine supplemental appropriations bill, which passed as part of the
    omnibus earlier this year.
        Because the situation with Russia continues to evolve, I would be
    interested in knowing whether the resources requested fully capture the
    Department's needs to administer and enforce the export sanctions.
        Finally, turning to the National Telecommunications and Information
    Administration, I know that many members of this Subcommittee would
    like an update from our hearing earlier this year regarding the
    Department's progress in administering the broadband programs from the
    Infrastructure Investment and Jobs Act.
        On Monday the White House announced that 20 Internet providers
    committed to reducing prices and increasing speeds for households
    enrolled in the FCC's Affordable Connectivity Program.
        This was welcome news for millions of Americans.
        And while the FCC is not under this subcommittee's jurisdiction, as
    an author of the broadband provisions in the bipartisan infrastructure
    law, I was glad to see this progress.
        However, more must be done if we are to truly address longstanding
    issues to close the digital divide and ensure broadband access for
    unserved and underserved regions of the country.
        Secretary Raimondo, as you can see, there is plenty to discuss
    today, and we very much look forward to your testimony.
        With that, I now would like to recognize the CJS Subcommittee Vice
    Chair, Senator Moran, for his opening remarks.

        Senator Shaheen. And Senator Moran is on his way, so we
    will give him the option when he gets here, of either
    submitting for the record, or speaking. But that will allow us
    to move to questions, hopefully, before we get to the votes
    that are being called.
        So with that, Secretary Raimondo, I will turn the
    microphone over to you.
    STATEMENT OF HONORABLE GINA RAIMONDO, SECRETARY,
                DEPARTMENT OF COMMERCE
        Secretary Raimondo. Okay. Thank you. Good afternoon, and
    thank you, Chair Shaheen, for this opportunity, and to the
    Members of the Committee.
        The priorities funded in this budget build upon the
    investments that you--
        Senator Shaheen. Excuse me, Madam Secretary; maybe you
    could pull the microphone a little closer, so that everyone can
    hear better?
        Secretary Raimondo. Yes. Sorry. Is this better?
        Senator Shaheen. Yes.
        Secretary Raimondo. Much better. Sorry. I apologize.
        Okay. So, as I was saying, the priorities funded in the
    budget build upon the investments that you all enacted in
    fiscal year 2022. And I will say, I am so very grateful for
    your support, as we look forward to accomplishing even more in
    2023.

                          COMMERCE FUNDING PRIORITIES

        The budget request includes $11.7 billion for the
    Department, which is an 18 percent increase above fiscal year
    2022 enacted. And I would just like to go through the six key
    priorities in areas of investment that comprise the $11.7
    billion.
        First, the President's budget strengthens the Nation's
    supply chains by investing in domestic manufacturing.
    Specifically it calls for $1.46 billion to support the work of
    NIST, including $275 million for NIST Manufacturing Extension
    Program (MEP), and $97 million to expand NIST's role in
    Manufacturing USA. This, as you all know, will help small and
    medium-sized manufacturers improve their competitiveness.
        The budget also proposes $16 million to augment the
    Commerce Department's data tools and expertise to support more
    secure and diversified supply chains.
        Second, the budget positions us to compete globally,
    protect our national security, and continue to lead a global
    coalition, united in condemnation of Russia's aggression
    against Ukraine. Specifically, it calls for $630 million for
    ITA to enhance commercial diplomacy, it provides BIS $200
    million to apply and enforce export controls, and strengthen
    efforts to counter new threats from Russia and China.
        Third, the budget invests in equitable and inclusive
    economic growth for all Americans. I believe that America's
    greatest strength and core to our competitive advantage, is our
    diversity. Accordingly, the budget proposes $500 million for
    the EDA to help communities experiencing economic distress take
    control of their future and position themselves for future
    prosperity.
        It also proposes $110 million for the Minority Business
    Development Agency, which will meet the full authorization that
    was included in the Bipartisan Infrastructure Law. And very
    importantly, for those of you representing rural States, part
    of this funding will be used to open new regional offices, and
    establish rural business centers.
        Fourth, the budget takes historic action to combat the
    climate crisis. It includes $7 billion for NOAA to continue
    providing data, strategies, and expertise necessary to address
    the climate crisis. The request also supports programs to
    catalyze wind energy, restore habitats, protect oceans and
    coasts, and improve NOAA's ability to predict extreme weather
    associated with climate change.
        An area that I know is of interest to this committee, the
    budget also proposes $87 million for the Office of Space
    Commerce. This is a significant increase, and this increase in
    funding will be dedicated to standing up civil operational,
    space situational capability at NOAA.
        Fifth, the budget expands opportunity and discovery through
    data. Timely data is crucial to supporting American
    competitiveness, innovation, and growth. The budget provides
    the Census Bureau with $1.5 billion to continue its
    transformation to a 21st century data-centric model. It also
    calls for $141 million for the Bureau of Economic Analysis to
    support new data on the supply chain, income distribution
    statistics, and the growth in Space Commerce.
        Sixth, and finally, the budget ensures that the Department
    can provide 21st century service to the American people. It
    proposes new funds to enhance our own cybersecurity, and
    increase the diversity and equity of our own workforce.
        Before concluding on this budget, I would be remiss if I
    didn't take just a second to thank you for the $22 million that
    you provided to the BIS in the Ukrainian supplemental to
    implement and enforce the increased export controls on Russia.
    And I would be happy to talk about that today.
        And I would also be remiss if I didn't thank you for your
    work to advance the United States Innovation and Competition
    Act (USICA). I cannot emphasize enough the urgency with which
    we must move to pass USICA. And I will tell you that I and my
    team are fully and totally committed to do anything that we can
    to assist you as you get that critical piece of legislation to
    the President's desk.
        The Commerce Department has key priorities in the bill,
    including the tech hubs, supply chain authorities, and the
    CHIPS funding. And I will say chip manufacturers have made
    clear that they are going to build new chip facilities, the
    question is: Will they be built in the United States of
    America? And the answer will depend on how quickly we can move
    forward with the USICA bill.
        So, I am delighted to be here, and of course happy to take
    all of your questions.

        [The statement follows:]
                 Prepared Statement of Secretary Gina Raimondo
        Chair Shaheen, Ranking Member Moran, and members of the Committee,
    thank you for this opportunity to discuss President Biden's fiscal year
    2023 Budget Request for the U.S. Department of Commerce. The priorities
    reflected in this Budget build upon the important investments you
    enacted in fiscal year 2022 through annual appropriations, the
    Bipartisan Infrastructure Law, and the Ukraine Supplemental
    Appropriations Act. I am grateful for your support of the Department as
    we look forward to accomplishing even more in fiscal year 2023.
        The President's Budget Request includes $11.7 billion for the
    Department of Commerce, an 18 percent increase above the fiscal year
    2022 enacted level. The investments proposed in this budget will
    position us to continue fulfilling the Department's mission to create
    the conditions for economic growth and opportunity for all communities,
    implement the recently published 2022-26 Departmental Strategic Plan
    (Innovation, Equity, and Resilience: Strengthening American
    Competitiveness in the 21st Century), and support the President's
    economic vision for America--to build our economy from the bottom up
    and the middle out.
        Today, I will focus on six key areas of investment within the
    President's Budget for the Department of Commerce.
    First, the Budget strengthens the Nation's supply chains by investing
            in domestic manufacturing.
        Rising costs for working families and ongoing supply shocks
    underscore the urgency of building long-term resilience across critical
    supply chains, strengthening domestic manufacturing, and beginning to
    institutionalize supply chain resilience within the Department of
    Commerce.
        The Budget calls for $1.46 billion to support the work of the
    National Institute of Standards and Technology, or NIST, including $275
    million Manufacturing Extension Program, or MEP, which is an increase
    of $117 million over fiscal year 2022. Today, there are 51 MEP centers
    that work with manufacturers to help them develop new products and
    customers, expand and diversify markets, adopt new technology, and
    enhance value within supply chains. The additional investment in MEP
    will enable the centers and their clients to respond quickly to new
    market opportunities by working at all levels of the supply chain, from
    original equipment manufacturers to suppliers, and with state and
    Federal governments. It will also facilitate initiatives to expand the
    pool and diversity of workers in the manufacturing sector, by
    partnering with workforce organizations to coordinate and tailor
    services to meet the needs of local manufacturers.
        The Budget also includes $97 million to expand NIST's role in
    Manufacturing USA. The U.S. government currently funds 16 Manufacturing
    USA Institutes, one of which is sponsored by the Department of
    Commerce. Each Manufacturing USA Institute is a public-private
    partnership with a distinct technology focus, such as advanced
    composites, additive manufacturing, biofabrication, smart
    manufacturing, and sustainable manufacturing. Each institute works to
    secure the future of U.S. manufacturing through innovation, education,
    and collaboration. With this request, the Department of Commerce will
    maintain funding for our current institute, which focuses on
    biopharmaceutical manufacturing, and sponsor four new Manufacturing USA
    Institutes that will promote collaboration on industry-relevant
    research and development to spur manufacturing innovation in the U.S.
        The Budget also proposes $16.1 million to augment the Commerce
    Department's data tools and expertise to support more secure and
    diversified supply chains. This investment will provide Bureau of
    Economic Analysis (BEA) $5.2 million and 15 positions to better collect
    data on U.S. participation in global supply and distribution chains and
    will provide the International Trade Administration (ITA) $10.9 million
    for 38 positions for additional capacity needed to strengthen supply
    chain resilience by allowing us to track the supply of goods and
    services and respond to acute disruptions.
    Second, the Budget positions us to compete globally, protect our
            national security, and continue to lead a global coalition
            united in condemnation of Russian aggression against Ukraine.
        The Budget calls for $630.8 million for the International Trade
    Administration (ITA), $72 million above the fiscal year 2022 enacted
    level. Within this, the Budget calls for investments to strengthen
    commercial diplomacy in targeted areas of high economic and
    geostrategic value, including the Indo-Pacific region, which will
    assist U.S. companies competing in these important markets.
        The Budget provides the Bureau of Industry and Security (BIS)
    $199.5 million, representing an increase of $58.5 million, or 41
    percent more than the fiscal year 2022 enacted level, to apply and
    enforce export controls to advance our national security objectives.
    Within this, the Budget includes $36 million to secure the information
    and communications technology and services (ICTS) supply chain and $10
    million in new funding to strengthen national security efforts to
    counter current and emerging threats from Russia and China.
    Third, the Budget continues a focus on equitable and inclusive economic
            growth for all Americans.
        We fail to meet our full potential as a nation if we are not
    investing in all underserved communities, workers, inventors, and
    entrepreneurs.
        The Budget provides $502.5 million for the Economic Development
    Administration (EDA) to help communities experiencing economic distress
    take control of their future and position themselves for economic
    prosperity and resiliency. Within this, the Budget includes $50 million
    for the new Recompete Pilot Program, which will provide grants to
    communities experiencing high prime-age employment gaps. It also
    increases funding for the Assistance to Coal Communities program, to
    continue to assist communities economically impacted by changes in the
    coal industry. The most directly comparable portion of EDA's American
    Rescue Plan Act Coal Communities Commitment was the Economic Adjustment
    Assistance portion, and this was significantly oversubscribed with
    applications totaling more than twice the $200 million in funding
    available. With additional funding, we would be able to better support
    these and so many other communities.
        The Budget proposes $110 million for the Minority Business
    Development Agency (MBDA), double the fiscal year 2022 enacted level,
    necessary to meet the full authorization this Committee put forth in
    the Minority Business Development Act included in the Bipartisan
    Infrastructure Law. This funding will build MBDA's capacity and expand
    existing grant programs, including the flagship business and specialty
    center programs, opening regional offices, and establishing a Rural
    Business Center program.
    Fourth, the Budget takes historic action to combat the climate crisis.
        The coast-to-coast devastation caused by extreme weather events has
    been heartbreaking to watch. Extreme winds, tornadoes, hurricanes,
    wildfires, heat, and floods threaten lives, families, homes, and
    businesses. Addressing the climate crisis is an essential component of
    the Department's mission to create the conditions for economic growth
    and opportunity.
        The Budget includes $6.9 billion for the National Oceanic and
    Atmospheric Administration (NOAA), an increase of $986 million from the
    2022 enacted level to ensure the Department is providing decision-
    makers across the public and private sectors with critical, actionable
    data, strategies, and expertise to address the climate crisis. The
    Department will bolster equity in its service delivery to ensure that
    our most vulnerable communities, including tribal, rural, and other
    underserved populations, have access to the information and tools they
    need to make climate- smart decisions. The Budget includes additional
    funding for the Climate Competitive Research Program to provide
    decision-makers with the information and tools they need to respond to
    climate change, and to provide climate change projections out to 2050.
    Our budget request for NOAA also supports programs to catalyze wind
    energy, restore habitats, protect the oceans and coasts, continue
    education and outreach efforts in local communities, and improve NOAA's
    ability to predict extreme weather, including events associated with
    climate change. It also includes $2.3 billion to support the nation's
    weather and space weather satellite enterprise, which is a $667 million
    increase above the fiscal year 2022 enacted level, to ensure the
    continuity of our world-class weather observation capability. The next
    decade is a critical time to address the climate crisis, and with this
    Budget, NOAA has a once in a generation opportunity to advance climate
    resilience and promote economic growth.
        Additionally, the Budget proposes $87.7 million for the Office of
    Space Commerce, a $71.7 million increase above the fiscal year 2022
    enacted level. The U.S. commercial space industry pioneers innovative
    technologies that transform our daily lives, gather critical data,
    enable communications, and help secure the Nation. This significant
    increase in funding for the Office of Space Commerce will be dedicated
    to standing up a civil, operational Space Situational Awareness (SSA)
    capability at NOAA that meets the industry's needs.
    Fifth, the Budget expands opportunity and discovery through data.
        The Nation's economy, technology, and demographics are changing
    rapidly and profoundly, making timely data crucial for developing the
    insights needed to support American competitiveness, innovation, and
    growth of quality jobs. The Budget provides the Census Bureau with $1.5
    billion to enable it to continue its transformation from a 20th century
    survey-centric model to a 21st century data-centric model that provides
    more timely and relevant data products to our stakeholders. The Budget
    also calls for $141 million for BEA, $25 million more than the fiscal
    year 2022 enacted level, to support new data on the supply chain,
    income distribution statistics, healthcare spending, and growth of the
    space economy to better inform decision-makers.
    Sixth, and finally, the Budget ensures the Department can provide 21st
            century service to the American public.
        The Budget proposes new funds to enhance cybersecurity and increase
    the diversity and equity of our workforce. It also proposes investments
    to improve technology and customer experience. These investments will
    ensure that the Department can provide best in government services to
    the American public. The mission of the Department could not be carried
    out without our dedicated employees. They have persevered through new
    challenges and emerged more resolute to help the Department achieve new
    heights.
        Together, in the face of extraordinary challenges, we are building
    a 21st century economy that is keeping America competitive globally and
    positioning America's workers and businesses for success. We are
    already witnessing historic levels of job creation and economic growth.
    But there is more work to do. I look forward to working with you to
    enact the President's fiscal year 2023 Budget for the Department of
    Commerce to do that work. I am happy to take your questions.

        Senator Shaheen. Well, thank you very much. Again, when
    Senator Moran arrives we will go to him. But in the meantime we
    will open for questions based on order of arrival; 5 minute
    question rounds. And I want to begin where you concluded, which
    is talking about the action to impose export controls on Russia
    and Belarus in response to their invasion in Ukraine.
        And I know that we provided funding earlier this year in
    the supplemental to help do that, but can you speak to the
    scope of these efforts? How they are progressing? If you see
    any signs that it is having an impact? And then also, what are
    the needs of the Department as we go forward, recognizing that
    the situation is going to be changing? And we need to make sure
    you have the resources you need.

                                EXPORT CONTROLS

        Secretary Raimondo. Yes. Thank you. So as it relates to the
    scope, the scope is unprecedented, it is broader than anything
    the United States has ever done with respect to export controls
    insofar as the United States, the Department of Commerce led a
    coalition of 37 other countries to join us in aligning our
    export controls.
        And our approach was to deny Russia technology which would
    cripple their ability to continue a military operation and that
    is exactly what we are doing. U.S. exports of technology to
    Russia have fallen by nearly 70 percent since we imposed these
    export controls. And you are starting to see it.
        You see two tank manufacturing facilities have shut--Lada,
    the auto manufacturer, has furloughed workers and closed down.
    I met a few weeks ago with the Prime Minister, and we have
    reports from Ukrainians that when they find Russian equipment,
    military equipment, on the ground, it is filled with
    semiconductors that they took out of dishwashers and
    refrigerators.
        And so, the point is, we are having a very serious effect.
    What we need to do in order to continue this is enforcement,
    enforcement, enforcement.
        As I said, thank you for the resources. We will come back
    to you if we think we need more. I would just say, I am
    extremely proud of the team. And I am deadly serious about
    enforcing, and have been crystal clear, particularly with
    China, that we won't tolerate any circumvention of these export
    controls.
        Senator Shaheen. I am delighted to hear that. And so
    pleased to hear also that you are seeing the impact of what we
    are doing.
        Senator Moran, just so you are up to date on where we are.
    Because of the votes, I submitted my statement for the record.
        Senator Moran. No peer pressure. But I will do the same.
        Senator Shaheen. So I was going to go ahead and finish my
    questions, and then turn it over to you, for either your
    statement, or to start your questioning, whichever you prefer.
        Senator Moran. Thank you.
        Senator Shaheen. I want to go to another issue that I
    recognize you don't have control over, but I do think you have
    an important voice in this discussion. And that is the
    increasing challenges that we are having in New Hampshire, in
    particular industries around workforce.
        It is a general challenge throughout the State, but when it
    comes to our seasonal businesses, the tourism industry, they
    are facing severe workforce challenges, and a key reason for
    that is because of the lack of sufficient H-2B visas being
    available to them.
        And I had the opportunity to ask Secretary Mayorkas about
    this issue last week, and he said that they are moving in the
    Department of Homeland Security with--he used the term
    ``lightning speed''--now, I have to say that is a disturbing
    characterization of what has been an alarmingly slow process.
        Tell me what we can do to speed this along? How can your
    agency help us as we try and support those businesses that are
    really desperate for workers? And, you know, we have lost two
    seasons because of the pandemic, our season starts on Memorial
    Day. I know you know this because you were governor of Rhode
    Island, so you were dealing with these same issues. What can we
    do to move this debate?

                       WORKFORCE FOR THE TOURISM INDUSTRY

        Secretary Raimondo. Yes. So first of all, I appreciate you
    bringing it up. As you said, Rhode Island is heavily, heavily
    dependent on tourism, particularly in the summer. These
    businesses make all of their living between Memorial Day and
    Labor Day, and they are utterly reliant on visas--short-term
    visas, work visas, student visas.
        So, I sympathize with where you are coming from. As you
    mentioned Secretary Mayorkas, he and Secretary Walsh
    temporarily increased the visas, 35,000 additional. I will tell
    you, I convened the TTAB, the Travel and Tourism Advisory
    Board, and I heard an earful from industry that we need to do
    more, we need to go faster, and we should consider a statutory
    increase on the cap.
        What I am doing, and what I will continue to do even more
    so at your urging, is make sure the voices of industry are
    heard in the administration that we do go faster, but also we
    ought to think about longer term solutions.
        Senator Shaheen. Well, thank you very much. I appreciate
    that and look forward to working on those longer term
    solutions.
        Senator Moran?

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chair, I would ask unanimous consent that my
    opening statement be made a part of the record.
        Senator Shaheen. Without objection.
        Senator Moran. And Madam Chair, I would yield to the
    Senator from Alaska so that you and I can spend time and figure
    out who is going to be chairing when the votes actually occur.
        Senator Shaheen. Very good point. Senator Murkowski.
        Senator Murkowski. Thank you, Madam Chair. And thank you
    Senator Moran, appreciate that.
        Madam Secretary, welcome. Good to see you. I want to start
    my questions with fisheries surveys. You know I always want to
    talk about fish first.
        As you are well aware, we are still trying to address this
    mismatch between survey coverage and the stocks that NOAA is
    trying to quantify. Going forward more funding is going to be
    needed to maintain both the historic survey coverage in Alaska,
    and support new survey missions within the North Bering Sea,
    and even the Arctic.
        But I want to thank you and NOAA for the work that you have
    done to prioritize fisheries surveys in the Bering Sea, and in
    the Gulf. And I would ask that you keep us updated on any
    challenges that you may be encountering with regards to this
    year's survey plan.
        We had one vessel, the Oscar Dyson, that was held back a
    little bit, but you know full well we have had the opportunity
    to discuss what happens when we have those gaps in data. Lost
    surveys are more harmful than ever as we are seeing these
    changes in our marine environment. We missed a year of crab
    data in 2020, and then next year the Bristol Bay Red King Crab
    Fishery was closed for the first time in decades. And believe
    me, I am hearing from fishermen and managers on this issue.
        Can you share with me what resources NOAA needs in either
    manned or unmanned technology, to really help us gather this
    data in a more reliable way so that we can work to address
    these challenges that we are seeing with the resources in our
    oceans due to the impact from climate change?

                               FISHERIES SURVEYS

        Secretary Raimondo. Yes, thank you. We have talked about
    this. And I have to say, even listening to you, it is tough to
    hear, because slow data, lack of data I know affects people's
    livelihoods. The budget calls for $3.3 million for additional
    resources into the surveys, and we believe that this will help
    us, significantly with our data collection, with the speed with
    which we do it, with the continued modernization with which we
    do the work.
        We are, as you mentioned, un-crewed. We are very definitely
    looking at that, and I think that the team thinks that that has
    great potential in the future. Another thing that we are doing,
    as you know, we have had issues with--mechanical issues with
    vessels, and while it is tough to predict these things, what we
    have instituted now is a kind of a proactive maintenance review
    of the vessels, in an effort to prevent maintenance failures of
    the vessels which was what happening in the past.
        So, I guess what I can tell you is, the investment of the
    millions should help, we are committed to it. And I would just
    ask that we stay in close contact so that I can continue do
    what I can to manage the team.
        Senator Murkowski. Well, we will certainly let you know
    where those issues are arising. I want to shift now to
    broadband. We had the opportunity in the Senate Committee on
    Indian Affairs last week to be able to inquire a little bit
    more from some of your team on the Tribal Broadband
    Connectivity Program.
        We were looking for a little more granularity on the
    program funding levels, and so today I would ask for your input
    here, when you combine the previous appropriations, as well as
    the Bipartisan Infrastructure Law, we have got available
    funding for the TBCP at about $3 billion. We also understand
    that the subscription rate is well above $5 billion.
        So what I was hoping to get last week, and what I would ask
    for your help today is, is more details on this difference
    here, between what we have made available, and then really what
    that need is, what that subscription rate is. And when you look
    at redundant applications that have come in, and then the non-
    qualifying applications, how does this all factor out?
        So in this year's budget you have asked for about another
    billion, but what I am hoping to understand is how you came to
    this one billion dollar figure. Is it really going to cover the
    difference that we see after you take into account the non-
    qualifying applications, the redundant applications, is this a
    space where we think we are actually going to be addressing the
    need?

                                   BROADBAND

        Secretary Raimondo. Okay. I tried to capture all that. I
    will follow up with your team to get into the details. I think
    the answer is yes, but I do want to clarify something which is
    very important. The final allocation for Alaska, for all of
    your States, cannot be made until we have the Federal
    Communications Commission, FCC maps.
        Senator Murkowski. And we have talked about those, yes.
        Secretary Raimondo. And the FCC is starting to collect data
    to go into the maps June 30. And they are forecasting possibly
    November for the maps. So, I guess what I am trying to say is,
    our intention is to make sure that every State gets enough
    money so that everyone is covered. And if you have a large,
    unserved population, as you currently do, you will receive,
    more money through the formula, and the intention would be that
    you would, receive enough.
        Also, the program includes a 10 percent set aside for high-
    cost locations, and I have to believe, that given your
    geography, it would be a high-cost location. So, in any event,
    I will follow up specifically, but we are very committed to
    making sure whoever is not now served, will get served.
        Senator Murkowski. Thank you for your responsiveness. Thank
    you.
        Senator Shaheen. Thank you Senator Murkowski. Senator
    Feinstein.
        Senator Feinstein. Thanks very much, Madam Chairman. And
    welcome.
        As you are aware, job growth has been excellent, however
    the public, I think, is more focused on inflation which has
    been at the highest level since the 1980s. And much of this has
    been brought on by dynamics the administration can't solve in
    the short run, such as the Russian invasion of Ukraine, the
    global supply chain crisis, et cetera.
        There has been some debate about whether reducing the
    substantial tariffs the Trump administration put into place,
    would reduce inflation. But whether or not tariffs cause
    inflation, they significantly raise prices on U.S. families and
    businesses, so even if tariffs are not inflation, per se, they
    similarly impact on people's finances.
        I think there may be cases where tariffs can make sense.
    However, the costs we impose are mostly borne by U.S.
    businesses and families, reducing them would leave people more
    resources to deal with rising prices. If so, what is the
    administration's plan to reduce the burden of tariffs?

                                    TARIFFS

        Secretary Raimondo. Thank you for the question. Let me say
    since I have been Commerce Secretary, we have been able to
    eliminate the Trump 232 tariffs on steel and aluminum from the
    EU, Japan, and the U.K. And I have heard from industries that
    consume steel and aluminum that this has been a benefit.
        What the President has said with respect to the 301
    tariffs, the China tariffs, is that we don't believe Trump's
    process was strategic. And so, as the President said yesterday,
    we right now, as a team, are in the middle of an evaluation of
    those 301 tariffs to see, you know, whether any changes might
    be warranted.
        Obviously, it is the USTR that leads in that effort but,
    the President has been clear, we need to look at every single
    tool in our toolbox to fight inflation. It is the number one
    priority, and so we are looking at it holistically.
        Senator Feinstein. So it is not inconceivable that you
    could reduce tariffs; is that right?
        Secretary Raimondo. It is not inconceivable, right.
        Senator Feinstein. How positive might the thought be?
        Secretary Raimondo. I can't say. I can't say, and I would
    defer to the White House and USTR, but the President has been
    clear that the Trump tariffs imposed on China were not done in
    a thoughtful way, and so we are, as a team, taking a look at it
    and considering a more strategic approach.
        Senator Feinstein. Thank you very much. And I might follow
    up in writing, and perhaps you can inform us with what you do.
    I would appreciate that very much.
        Secretary Raimondo. Thank you.
        Senator Feinstein. Thank you. Thank you Madam Chairman.
        Senator Shaheen. Thank you Senator Feinstein.
        Senator Moran.
        Senator Moran. Thank you, Madam Chairman.
        And Secretary, welcome. Thank you for the conversation we
    had when you were working, and I was working on Saturday
    morning last.
        I want to talk about a pilot program, not a pilot program,
    but a program for pilots. Congress provided appropriations in
    the fiscal year 2022 Omnibus Bill to sustain an Aviation
    Ascension Training Program, as authorized in the NOAA
    Commissioner Officer Corps Amendment Act.

                        PILOT TRAINING PROGRAM FOR NOAA

        Secretary Raimondo. Okay.
        Senator Moran. So Congress authorized that pilot training
    program for NOAA, what we are really talking about is,
    hurricane hunters; that type of pilot. Last fall I had the
    opportunity to have Rear Admiral Hahn, and the K-State Salina,
    Dean, Dean Starkey, they signed a memorandum of understanding
    to create a unique program involving those two entities to
    train pilots.
        This partnership leverages some existing experience while
    ensuring a pipeline for NOAA to have pilots. NOAA has relayed
    that they are currently working on establishing guidelines and
    regulations to move this program forward. I am not certain that
    you would know about this program, but I am asking you, would
    you share with me when these will be established allowing this
    memorandum of understanding between NOAA and K-State Salina to
    move forward. And if you don't know about it--
        Secretary Raimondo. Yes.
        Senator Moran [continuing]. Then the purpose of my question
    is to give you the chance to get acquainted with this topic.
        Secretary Raimondo. Exactly, I will get you an answer, by
    the end of the day. I don't have an answer. I am familiar--I
    have been in a hurricane hunter, and I can tell you we do need
    help upgrading, and getting new ones. But with respect to this
    training program, I have to get you a proper answer.
        Senator Moran. The Senate Commerce Committee worked with me
    to get legislation to increase the pipeline of pilots.
        Secretary Raimondo. Yes, yes.
        Senator Moran. Which, there is a tremendous shortage
    everywhere, but evident that NOAA, and hugely important. Let me
    ask an anti-circumvention inquiry. I think we have had a
    conversation, and several of us have introduced legislation,
    and written you about what is going on in the solar panel
    industry.
        Secretary Raimondo. Yes.
        Senator Moran. I won't go into the description of the
    problem. But why is there no industry-supported threshold to
    initiate this anti-circumvention inquiry? Would legislation be
    helpful? When I have asked you this question I think the answer
    has been: Our hands are tied.
        Secretary Raimondo. Mm-hmm.
        Senator Moran. And I am trying to figure out how to untie
    your hands, because there is a process, at least on solar
    panels, that is being utilized to keep tariffs in place to the
    detriment of the industry, by one small company who made the
    claim. And you know, should a small, single company, without
    access to confidential information, actually provided necessary
    data to meet the statutory requirements to initiate the
    inquiry?
        So I am suggesting to you that the Department may have an
    opportunity to deny this kind of inquiry, specifically: Did the
    Department of Commerce staff make a finding, also required by
    the statute, that the investigation itself met the
    appropriateness criteria? So there is criterion in statute, did
    the make the finding that the company met that criteria? And I
    guess if the answer is yes, then what more can we do to keep
    this kind of thing from occurring, which I think is pretty darn
    damaging to businesses in the United States?

                               SOLAR SUPPLY CHAIN

        Secretary Raimondo. Yes. Okay. There was a lot in that, and
    I will do my best in a minute. First of all, I have heard from
    many of you, and many in the industry, and I share the sense of
    urgency. I understand how fragile the solar supply chain is,
    and how we need to move forward quickly.
        Having said that, as you well know, Senator, this
    particular statute, which we are obligated to implement, is
    very circumscribed; there are five criteria, and five criteria
    only, that ITA can look at in deciding whether to initiate. And
    if they find that the case meets the threshold of the five
    criteria, we are obliged to initiate, which is what we are
    doing, and we are going to move as fast as we can.
        Having said that, you know, I have been asked: Why don't
    you consider climate as a factor? Why don't you consider policy
    as a factor? Why don't you consider the disruption to the
    supply chain as a factor? The answer is, statutorily, there is
    no discretion.
        So the answer to your question, could you help? That is of
    course your decision, but were you to institute some
    discretion, then we could implement it according to those
    changes.
        Senator Moran. I would ask you, if the Department would
    like to work with us to provide some legislative suggestions
    that might address the discretion, or at least create greater
    list of criteria, for the decision to be made on. And then I
    would ask you to make certain that the findings that are
    required by the statute have actually been met--
        Secretary Raimondo. Yes.
        Senator Moran [continuing]. In this solar panel
    circumstance. Thank you.
        Senator Shaheen. Thank you. Senator Reed.
        Senator Reed. Thank you very much, Madam Chair.
        Let me just follow up briefly on Senator Moran's question,
    which is important now, because there has been a lot of
    rhetoric suggesting that this is an indication of the
    administration's lack of support for green economy, for
    alternate energy.
        As I understand it, and you can confirm it, Madam
    Secretary, that the President is proposing the most ambitious
    climate package in the history of the United States, with $555
    billion in tax cut spending, and other incentives, to promote
    wind, solar, power, and other renewables. And I believe that is
    accurate. Can you confirm that?

                                    CLIMATE

        Secretary Raimondo. Absolutely, yes.
        Senator Reed. Yes. And you are a strong supporter of this
    effort?
        Secretary Raimondo. Yes.
        Senator Reed. And I am also, not only from the perspective
    of the economy, but also national security, as we are
    witnessing now, if we weren't as reliant on hydrocarbons we
    would have much more leverage in many places than we need it.
    So thank you.
        You have answered, I think in detail, the particular
    important question Senator Moran asked, and I think that answer
    stands.
        Secretary Raimondo. Yes. Thank you.
        Senator Reed. One other area that we are concerned about,
    again it comes from a national security perspective; the
    President was down in Alabama at the factory manufacturing
    Javelin Missile systems, and one of the issues that came up is
    the lack of semiconductors.
        But again, from my chairmanship on the Armed Services
    Committee, practically every system we have in the military
    today has a microchip somewhere in it. And I presume, and you
    can confirm that, the lack of domestic supply, or a reliable
    supply from an ally, is a great concern to the administration,
    as it is to the contractors.

                           CHIPS AND SEMI-CONDUCTORS

        Secretary Raimondo. Absolutely. I hear regularly from
    contractors that chips are a rate-limiting factor, for their
    ability, over time, to continue to replenish. There are just
    over 200 chips in every Javelin launching system. There are
    hundreds of chips in every satellite, and on, and on.
        And even more worrisome, the most sophisticated chips, of
    which we make none in the United States, and are totally
    dependent on Taiwan for, are exactly the kind of chips that are
    needed in sophisticated military equipment, which is why, in my
    opening statement, I am saying to the Committee, I really
    believe it is time to take action on this. I have also heard,
    Senator, from semiconductor companies, who tell me they are
    going to expand their facilities, and they have to make those
    decisions this year in order to meet the demand.
        Germany, Singapore, Taiwan, Japan, Spain, France are all
    putting huge subsidies in front of these companies, and if we
    don't pass this USICA bill this year they will have no other
    choice but to build overseas, which does us no good.
        Senator Reed. Well, thank you. I have the same observations
    from the perspective, to not only the economy, but I suggest to
    national security.
        One issue that is a little close to home is that we have
    been working closely with NOAA about infrastructure at Newport,
    which would support their operations in a much more efficient
    way than currently they conduct them, were 100 percent
    designed, but we have to get into the next phase. And I would
    ask if you could look at that, and any support would be deeply
    appreciated.
        Secretary Raimondo. Yes; absolutely. I have talked to you
    about it. I, of all people, know how important it is to the
    state, and we are going to work with you.
        Senator Reed. We talked about semiconductors, and we also
    talked about, you know, alternate energy, and one of the areas
    where you have very personal experience is offshore wind. And
    do you think that NOAA and BOEM have the tools they need to
    maintain, and indeed accelerate the pace of offshore wind being
    deployed?

                            OFFSHORE WIND DEPLOYMENT

        Secretary Raimondo. It is an excellent question. I think,
    yes, yes I think is the answer, although I will go back and ask
    if we need more tools. But we need to do a better job of
    accelerating the permitting process, I think we have the tools,
    I think we need to continue to increase our sense of urgency,
    and frankly, kind of just break down the bureaucracy between
    BOEM at the Department of Interior, and NOAA, and that is what
    we are doing.
        In fact, Janet Coit, who ran the Department of
    Environmental Management for me in Rhode Island, has come here.
    She is Head of Fisheries, and that is what we are doing. We
    have executed an MOU, between Interior and Commerce, and it is
    just a constant push to make sure we move more quickly.
        Senator Reed. Thank you very much.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Reed.
        Senator Hagerty, I am told that you were here at the gavel
    before you left. So you are next.
        Senator Hagerty. Thank you, Madam Chair.
        And Secretary, it is good to have you here.
        Secretary Raimondo. Thank you.
        Senator Hagerty. I would like to just follow up on the
    discussion you have the Senator Reed for a brief moment. You
    and I have talked about this before, but every Member in this
    Committee, and every Senator here, has actually supported a
    piece of legislation that is essentially a fast-track
    permitting process for chip fabrication facilities here in
    America. It takes roughly a 5 year program--

                      CHIP FABRICATION FACILITIES PROCESS

        Secretary Raimondo. Mm-hmm.
        Senator Hagerty [continuing]. A 5 year permitting process
    down to about 18 months. So I would encourage and appreciate
    any help from the Department as well getting support in the
    House to move this through. I think it fits right in line with
    what you are talking about from a strategic standpoint.
        Secretary Raimondo. Yes. I would be happy to work with you
    on that. It is an issue. For these facilities, permitting often
    holds them up.
        Senator Hagerty. Yes, and I think we are--
        Secretary Raimondo. For 1, 2 years at a time.
        Senator Hagerty. I think we are very aligned on that. I
    would like to turn just a minute to talk about the census,
    excuse me. It is a function that is required, you know, by the
    Constitution. In looking at the 2020 Census, there are a lot of
    questions about the statistical methods and the assumptions
    that are used to supplement the actual data that is collected.
    There are methods like group quarters imputation, or
    differential privacy that are employed. I am not sure if you
    are familiar with these methodologies.

               STATISTICAL METHODS AND ASSUMPTIONS USED BY CENSUS

        Secretary Raimondo. Somewhat, I mean, obviously I am not a
    statistician, but somewhat.
        Senator Hagerty. Yes. I am, like you, somewhat familiar
    with, I understand the principles of them, but it seems to me
    that the employees at the Department of the Census, are really
    the only ones that fully understand and appreciate the
    assumptions, the models, what goes into them; and you know,
    they are the ones that are actually charged with looking at the
    actual numbers, making adjustments, changing the numbers, and
    coming up with the final report.
        I just feel the American public, certainly the Congress,
    would be well served to have a little more oversight and more
    visibility into what those methods are, and how they are being
    deployed.
        And I wanted to bring this up to you, if you could be
    supportive of perhaps putting in place a bipartisan panel that
    would overlook the way the census is conducted, the
    methodologies. Again, this should be a nonpartisan issue I
    think for us, and a bipartisan panel has been done before, it
    strikes me this may be a way to get some more transparency and
    oversight in place.
        Secretary Raimondo. You know, this is the first I am
    hearing of it, but I am open to following up with you. What I
    can tell you, is I have set the tone at the top of the Commerce
    Department, that the Census Bureau should be fact-based, data-
    based, science-based, statistical-based. And Rob Santos, who is
    the new Census Head, has a strong statistical background.
        And I feel confident that is the way he is running the
    Bureau. Having said that, more transparency is always better.
        Senator Hagerty. I will provide a few more questions for
    the record on that, but I look forward to working with you in
    that regard. And I appreciate the Chair, perhaps, having an
    oversight meeting soon about what the Census is doing, and it
    would be great to get that on our agenda.
        The next place I would like to turn has to do with our
    competitiveness in the Indo-Pacific. And I know you have spent
    a good deal of time on that. Our economic leadership in that
    region I think is terribly important for a national security
    interest, it is important for good jobs here in America. As a
    former governor you appreciate that, I am certain, very much.
        I just led a bipartisan delegation to Japan a couple of
    weeks ago, worked very closely with my successor, Ambassador
    Rahm Emanuel, we visited with the Prime Minister, with his
    cabinet, with a number of business leaders, and in all of those
    meetings it was clear to me that it is as important as ever
    that we continue to find ways to deepen our economic ties in
    the region, particularly given what is happening with the
    Chinese Communist Party, their aggressive posture, whether it
    be from a diplomatic standpoint, a military standpoint, and
    certainly from an economic standpoint, we see the Chinese
    Communist Party moving in every direction in that region.
        Also, when I served as Ambassador, prior to Ambassador
    Emanuel, I worked very hard to put in place a trade agreement
    between the United States and Japan. That helped deepen our
    agricultural ties, help deepen our industrial ties. And
    importantly, it had an element in it of digital trade, a high-
    standard digital trade component to it, that I think could
    serve as a model for the broader region. And I would look
    forward to working with you on that to get your thoughts on how
    that might be rolled out. I have discussed this with Ambassador
    Emanuel, and I think it holds, it holds some real promise.
        My first question for you specifically is, under the aegis
    of the Indo-Pacific Economic Framework, that has been discussed
    heavily, and I think it will be discussed much more as
    President Biden visit the region; what are your plans to
    advance our economic leadership in the region?

                        COMPETITIVES IN THE INDO-PACIFIC

        Secretary Raimondo. Yes. So, a few things: One, I agree
    with everything you have said, and will be happy to follow up.
    I have already been to Tokyo once. The President will be there
    next week. We can't do enough to shore up our economic presence
    in the region.
        The good news is--by the way, Emanuel Rahm has me on speed
    dial, we talk several times a week. We are a digital supply
    chain, aligning on export controls, investments.
        Senator Hagerty. Okay.
        Secretary Raimondo. There's a lot there. If you think about
    semiconductor export controls, there are only three countries
    that have toolmakers, the U.S., Japan, and the Netherlands. So
    if we could align on that it could be incredible.
        I am one of the co-leads, along with Ambassador Tai, on the
    Indo-Pacific Economic Framework. In fact, I met this morning
    with the Prime Minister of Vietnam to get them on board. I
    hosted Minister Hagiuda last week, because he is my
    counterpart, and we are kicking off an economic dialogue, as
    between our Commerce Department and Ministry Economy Trade and
    Industry.
        So you know, time doesn't permit here, but suffice it to
    say, this is a top priority of mine. I share your
    prioritization, and frankly your concern. We need an economic
    strategy there, but frankly, we also need to be a counterweight
    to China.
        Senator Hagerty. Indeed. And I think there is great
    potential. I have watched with great interest what you are
    doing with the U.S.-EU Technology Council. I would encourage
    you to look at Japan, perhaps, as a way to continue to find
    means of agreement and cooperation there. And if there are any
    things that you need from this Committee to support that;
    please let us know.
        Secretary Raimondo. Great; thank you.
        Senator Hagerty. Thank you, Secretary.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you. Senator Schatz.
        Senator Schatz. Thank you, Chair. First of all, I want to
    just make sure we have a meeting of the minds on this solar
    hold up. I want to know that you are alarmed, and I want to
    know that you are going to update the Members of the Senate who
    have expressed their concerns on a bipartisan basis, with some
    pace. Maybe weekly that either you or an assignee can
    communicate with us about where we are in the process.
        So first, are you alarmed? And second, will you communicate
    with us regularly on where we are?

                                 SOLAR STATUTE

        Secretary Raimondo. So I would say yes, and yes.
        Senator Schatz. Okay.
        Secretary Raimondo. You know, as I said to one of your
    other colleagues we have to move forward quickly to meet our
    climate goals, but as I also said to Senator Moran, there is a
    process, there is a law, I have to implement the law.
        Senator Schatz. Yes. I got it. I don't want to get into an
    argument with you about the law. I will say that this five-part
    test in the statute has to meet all five parts, and I would
    argue that the allegation that what is happening in terms of
    the manufacturing process in Southeast Asia is minor or
    insignificant, is just facially not true.
        And if you can't go through a fact-finding process on the
    frontend, then you are stuck, essentially, having to open up an
    investigation, and grind an entire industry to a halt while you
    do your fact-finding. So that is one point I would like to
    make.
        But the crux of this is, Commerce has already asked and
    answered the critical question here, which is that what is
    happening in Southeast Asia is not minor or insignificant. It
    has affirmed this in multiple scope rulings, March 2012,
    October 2020, June 2021 that adding a positive-negative
    junction is a highly technical production process. And I and I
    know you are not looking at revisiting the question of whether
    turning a wafer into a cell is minor or insignificant. So first
    of all, are we in agreement about that?
        Secretary Raimondo. So let me say this. I am not involved.
    We are sitting, as essentially, a judge, in a quasi-judicial
    capacity. And it is the professionals at ITA who are going
    through this analysis.
        So, as I said earlier I don't have discretion, or ability
    to weigh in on their fact-finding process. And, you know, we
    are not permitted even to talk about this extensively. But I
    would be happy, I suppose, to let you speak to them with
    counsel on the phone, if that would be useful.
        Senator Schatz. Yes, a couple of things. First, the
    administrative authority in the statute is the Secretary,
    right. So it is not, like, assigned to some independent panel
    of civil service professionals, that authority is vested in
    you, and there is nothing inappropriate about you being more
    engaged in the process.
        They may not like that but I get that you don't get to
    weigh climate goals, or public policy, or anything else. But
    what I am saying is the thing that was alleged is just facially
    not true, and the manufacturing process that is occurring in
    Southeast Asia is not minor or insignificant, because the
    Commerce Department has already decided that.
        So now the only thing that the Commerce Department is in a
    position to make a determination on is, is the thing that is
    happening in Southeast Asia actually what is happening in
    Southeast Asia. Like, can you just confirm that turning wafers
    into cells is what is happening?
        And my worry is that although the statute reads you have
    150 days to come to a preliminary determination, and then
    another--and I think either another 300 days, or a total of 300
    days, those are not statutory minimum numbers of days, that is
    a maximum.
        Secretary Raimondo. Mm-hmm.
        Senator Schatz. And so what I want for you to contemplate
    is that you do have the discretion to get a little more
    personally engaged, it doesn't jeopardize the independence of
    the investigation. Informing Congress as to the status of it,
    also is not, I think, in any way improper; and finally, that we
    are in a major, major hurry because the solar industry in the
    United States is at a halt.
        I know the pushback you are getting from within the
    Department, and I respect the independence of these civil
    servants, but the authority is vested in the Secretary.
        Secretary Raimondo. Mm-hmm. All right, let me respond to
    this. I hear you. You know, I think it is August 29 or mid-
    August is the outside limit. There is nothing that prevents us
    from going faster, and I assure you we are going to go as fast
    as possible, making sure we tick and tie the process and don't
    cut corners. But yes, if we can do better than August, we
    certainly will.
        Secondly, you know, respectfully, having been a governor
    and run organizations I know that this is an urgent matter. I
    also know how to respect regulators, and make sure that they
    have the freedom to do their job. This is complex, and there
    are two sides to the story, which is not to say I don't share
    the urgency, and I am engaged in an appropriate way.
        But there is a point I do want to make. A lot of the--I
    think Senator Reed said, rhetoric, or rumor, et cetera, is very
    focused on, you hear it, you know, a 200 percent tariff. And I
    really want to address that for a second, if I might.
        While it is true Commerce would be permitted to impose a
    tariff at that excessive level, that is exceedingly unlikely.
    That level of a tariff is only reserved in outside cases, where
    you can tell the difference between the company and, say, the
    Communist Party of China.
        The last 150 times we have done this since 2012, we have
    come out in the 10, 11, 12 percent range, under 20 percent.
    Now, I am in no way, like, predetermining what this will be, if
    it will be anything. I do think it is important, though, to say
    the 200 percent is an extreme case, and not fitting with the
    precedent that we have had.
        But, listen, I share your urgency, and I am happy to update
    you as regularly as you would like.
        Senator Schatz. Thank you very much.
        Senator Shaheen. Thank you, Senator Schatz. Senator
    Collins.
        Senator Collins. Thank you, Madam Chair.
        Secretary Raimondo, it is good to see you. I am going to
    start by asking you a very quick question on the implementation
    of the Infrastructure Broadband Development Grants that you,
    Chair Shaheen, and I worked so hard on, and that are targeted
    first for unserved areas and then underserved areas.
        My question is this: the NTIA has until May 16 to publish
    the Notice of Funding Opportunity for this program, and many
    States are eagerly awaiting that notice. In my State, the Maine
    Connectivity Authority stands ready to pursue this
    transformational assistance. My question is this: will NTIA
    meet that deadline?

                          BROADBAND DEVELOPMENT GRANTS

        Secretary Raimondo. Yes, we will. And there is even a
    chance we will beat that deadline.
        Senator Collins. I am very glad to hear that. Now, I am
    going to switch to our usual contentious issue which we
    discuss, and that is the onerous new regulations on Maine's
    lobster men and women. May 1 marked the first day of these--
    implementation of these regulations. It was a dark day for the
    industry.
        NOAA denied an entirely reasonable request from the
    governor, the entire Maine delegation, to delay implementation
    of the rules, which we do not think are valid in the first
    place, until July 1. What is interesting is NOAA's denial of
    this modest extension, was opposed by another Federal agency,
    the Small Business Administration's Office of the Advocacy.
        And here what the office said: it asserted that NOAA was
    putting lobster men and women in quote, ``An impossible
    scenario'', and if they are quote, ``Not granted a short delay
    of the compliance deadline, they may stand to lose significant
    amounts of revenue, or in some instances, their entire
    business.''
        And this is because of supply problems where the gear being
    mandated by NOAA is simply not available. Now, I know that NOAA
    has announced a graduated enforcement approach, but that is a
    very small comfort. The industry estimates it will lose $7
    million in lost fishing time that would have been saved by just
    granting that 2 month extension.
        Each of Maine's more than 4,500 commercial lobster men and
    women, are small, self-employed business owners. That is why
    the SBA advocated for them, but NOAA totally ignored what the
    SBA asked for, in reinforcing what the industry, the entire
    delegation, and the governor also requested.
        So now, we are also hearing that NOAA may impose further
    regulations on the industry. So how can the industry trust that
    NOAA is not going to regulate them out of existence, given that
    the agency has rejected recommendations from the SBA's Office
    of Advocacy? Not just those of us who represent the State, but
    an independent office within the SBA, another Federal agency.

                   FISHERIES ENFORCEMENTS ON LOBSTER INDUSTRY

        Secretary Raimondo. Yes. So, I appreciate you bringing it
    up. And as I said last time, I will say again, I really, truly
    admire your advocacy on behalf of the lobstermen. I do.
        I have a bit of good news in this regard which is that our
    Head of Fisheries, Janet Coit, is in weekly, if not daily,
    contact with the Maine Commissioner, Pat Keliher, and they have
    worked hard to find local suppliers of the new kind of gear,
    including Maine Mold, it is a small company you may know, that
    they are providing the new gear at an affordable price for the
    lobster fishers.
        You say that the graduated enforcement isn't much, but I
    will assure you that along with our goal of enforcement, we are
    trying to assist with compliance, and we will be as lenient as
    we can to assist with compliance, instead of a ``gotcha'' sort
    of approach.
        The final thing I will say is we are on path to have the
    $14 million out by the end of June which should help with the
    cost for the lobstermen to comply.
        Senator Collins. Thank you.
        Senator Shaheen. Thank you, Senator Collins.
        Senator Van Hollen, I am going to turn the questioning over
    to you, and ask you to take the gavel so I can go vote, and I
    will be right back.
        Senator Van Hollen. Will do. Thank you Madam Chair.
        Madam Secretary, it is great to see you. I just want to run
    through a couple of shared priorities, to underscore my support
    for items in the budget to begin with. EDA we look forward to
    working with you to make good use of those funds. I can tell
    you in the State of Maryland, especially cities like Baltimore,
    they have been very important for economic development
    purposes.
        NOAA, lots of important tools, like the Digital Coast and
    Coastal County Snapshot being used by coastal communities in
    Maryland, to identify risks from climate change, and prepare
    for necessary mitigation. And look forward to working with you
    on the NIST budget--excuse me--the NOAA budget.
        NIST, I was pleased to see a large request for the
    construction research facilities. I know that you and the
    President are big supporters of what we are working on here, in
    terms of the USICA Bill, the America COMPETES Bill, this is a
    critical part of that investment, so I am glad to see it
    included here. And the budget requests for Scientific Technical
    and Research Services, with respect to NIST, and America's role
    in standard setting.
        And I am going to get back to that in one second. I do want
    to say amen, and I will not go over the comments made by my
    colleagues, Senator Schatz and Senator Moran, with respect to
    the solar panel issue, this uncertainty is creating havoc. I
    heard your testimony but I will leave it at just seconding
    their comments.
        I know you are not responsible for overseeing our travel
    rules, and our visa processing system, but I know that you
    recognize the great benefit to our economy and commerce of
    international travel here to the United States.
        We have huge backlogs in our visa processing offices. I
    have raised this issue with the State Department and DHS, but
    since can look at it from the hat of, you know, the benefit to
    our economy, and not just sort of international relations, and
    only security, I am going to ask you to go back on that. We can
    clearly meet our security concerns and our health care concerns
    and still do a lot better, in my view.
        So on the issue of our representation on very important but
    little known, at least to the American public, international
    standard setting organizations. One of them as you know is the
    ITU. The ITU helped set rules governing--international rules
    governing control of the Internet, and right now there is a
    Russian candidate seeking to be the chair of this, at a time
    when we are witnessing, the world is witnessing Putin,
    essentially put Russia on lockdown, when it comes to any
    freedom of the Internet.
        So let me just ask you, Madam Secretary, what is your
    assessment of where we are in that international, that vote
    that will be taking place with respect to that very important
    position?

                  INTERNATIONAL STANDARD SETTING ORGANIZATIONS

        Secretary Raimondo. Yes. I appreciate you bringing this up.
    It is something not a lot of people talk about, but it is
    incredibly important. China is showing up, more and more
    aggressively in technical standard setting bodies
    internationally, and NIST is planning to really reassert
    ourselves.
        We are backing a candidate, Doreen Bogdan-Martin, for the
    ITU. We are putting our all into helping her, and supporting
    her. In fact, I was in Estonia just trying to shore up support
    for Doreen. It is a campaign, it is an election. You cannot
    predict the outcome, but I assure you this, it is a priority of
    ours, the stakes are high, and I really hope we win.
        Senator Van Hollen. Well, I appreciate that. And I think
    what we have been, you know, witnessing with Putin's War in
    Ukraine, and his shutdown of all, sort of, freedom of the press
    and the Internet in Russia, should be a reminder to most in the
    world, that we need an open Internet. But obviously there are
    countries that have an interest in the authoritarian model as
    well.
        Secretary Raimondo. No doubt about that.
        Senator Van Hollen. So I appreciate your focus on this. My
    last questions relate to the export control restrictions and
    sanctions, to go after Russia's military and key industries. I
    have heard Senator Shaheen ask about that, and I have been
    following the progress we are making with respect to some of
    Russia's tank manufacturing, and the aircraft industry.
        I know you announced some additional restrictions. My
    concern here, on the financial side, has been the need to plug
    more holes with secondary sanctions, which I don't think we are
    doing enough of. On this side I know you are vigilant about it,
    but I worry about, you know, Russia's efforts to use shell
    companies, especially when they are looking for highly
    important military technology.
        Can you talk about what we are doing to make sure that they
    don't open that back door while we close the front door?

                   EXPORT CONTROL RESTRICTIONS AND SANCTIONS

        Secretary Raimondo. Yes. It is an awesome question, and
    something we spend a lot of time on, and it is why we are
    requesting more money for enforcement and agents. Look, what we
    know now; first of all, Russia has an extensive network. They
    have been doing this for decades, trying to get around export
    controls. As far as we can see, there is no, like, systemic
    backfilling by China, by any particular countries, but we will
    monitor it.
        Here is one thing that I take comfort in, because we have
    done this, multilaterally, with 36 other countries that means
    we have 37 countries on enforcement which is unprecedented. And
    that, from what we can tell, is like vastly enhancing our
    ability to enforce. So, it is a vigilance, it is a constant
    vigilance, but at this point in time I feel quite confident
    that we are on top of it; and again, because we are not doing
    it alone.
        Senator Van Hollen. Yes. Thank you. Thank you for your
    efforts on that.
        Senator Capito.
        Senator Moore Capito. Thank you. And welcome, Madam
    Secretary. Thanks for being here.
        There have been reports in Reuters, and elsewhere, that
    China has been pressuring our U.S. executives, companies, and
    business groups against the USICA Bill. To your knowledge, is
    there any truth to these reports, and the threats that our U.S.
    companies are receiving from our Chinese emissaries--from the
    Chinese emissaries?

                       CHINA OPPOSITION TO THE USICA BILL

        Secretary Raimondo. Yes. Thank you. So, like you, I have
    seen the reports. There have been more than one report, and it
    doesn't surprise me at all. China doesn't want us to pass this
    bill. They know that this bill will enable us to out-compete
    them. And in the past handful of years, China has invested $160
    billion in increasing their own domestic semiconductor
    production, so the last thing they want is for us to invest $52
    billion, which will make us stronger.
        So, yes, I have heard the report. They are deeply
    concerning to me, and it just means we have to act, we have to
    act now. As I said to Senator Reed, it is an issue of national
    security. And I think the reason China is so against it, is
    because they know how important it is for us.
        Senator Moore Capito. Right. Thank you. Would you say the
    crux of their objections would be that semiconductor portion of
    it, because that is going to have the most economic benefits--
    it does have the most economic benefit?
        Secretary Raimondo. You know, it is a good question. I
    don't know. I would say certainly that is what they have
    explicitly been against, but the rest of it, increases in
    research and development, the tech hubs, all of it goes to
    enhancing America's competitiveness.
        Senator Moore Capito. Right.
        Secretary Raimondo. And so I think they would probably
    oppose the whole thing.
        Senator Moore Capito. Well, as a supporter of that bill.
        Secretary Raimondo. Thank you.
        Senator Moore Capito. And I am on that very small
    conference committee that is meeting tomorrow. So I appreciate
    that.
        Today, NOAA has 40 petaflops of supercomputing capability
    for weather predicting and research. So I looked up
    ``petaflop'', because I have no idea what that is. And for our
    viewing public, a ``petaflop'' is one thousand million-million
    flashing--let us see--floating point operations per second. Or
    another way to say it, a quadrillion, which is a thousand
    trillion, that is how fast it is.
        So I am sure we will all remember that, but I didn't want
    to say ``petaflops'' without knowing what it was. As you know,
    NOAA's facility in Fairmont, West Virginia, is one of NOAA's
    five research and development supercomputers. We are very proud
    of that.
        In addition, the IIJA provided NOAA with another $80
    million for research, supercomputing. We have placed a big
    emphasis on the supercomputing capabilities, for a lot of
    reasons, for NOAA. So I am proud of the work that we do in
    Fairmont. And I guess, could you speak to the vision that you
    have for supercomputing, and how West Virginia may play a role
    there?

                        SUPER COMPUTING IN WEST VIRGINIA

        Secretary Raimondo. I think West Virginia will play a very
    important role. For fiscal year 2023 we are requesting $20
    million in the President's budget to recapitalize and maintain
    the high-performance computing capacity. And that will enable
    consistent capacity increases in R&D through computing sites,
    specifically like the one in West Virginia.
        Senator Moore Capito. In Fairmont, yes.
        Secretary Raimondo. In Fairmont. So, I think artificial
    intelligence, high performance computing, these areas are areas
    of increasing economics, national security, and climate change.
    You know, we need this, we are depending on it, we are
    investing in it, and I can firmly say that Fairmont will stand
    to benefit from these investments.
        Senator Moore Capito. Great. Well, we are very pleased to
    have NOAA there and look forward to further investment. Let me
    ask you, go back to a quick clarification on a question that
    Senator Collins asked about the deadline, you know how
    interested I am in--
        Secretary Raimondo. I know.
        Senator Moore Capito [continuing]. In the digital divide,
    you are probably surprised I didn't start with that. But you
    mentioned a May 17 deadline. Just so I can clarify for my
    Broadband Council at home. That is the deadline that you are
    going to then come forward with a request for proposals, or
    does the proposal have to be in--

                    BROADBAND--NOTICE OF FUNDING OPPORTUNITY

        Secretary Raimondo. Yes. Exactly, so it is May 16.
        Senator Moore Capito. Mm-hmm.
        Secretary Raimondo. Monday. It is what the NOFO, so it is a
    Notice of Funding Opportunity.
        Senator Moore Capito. Okay.
        Secretary Raimondo. And it will go out the 16TH. The way it
    is going to work, you can tell us to your folks, we will ask
    every State to then apply for the money, all they have to do is
    submit to us an intention to apply.
        Senator Moore Capito. Okay.
        Secretary Raimondo. Which they should do quickly. Then we
    will be sending them a $5 million dollar planning grant, and
    then we will get to work right away on the back and forth of
    putting together the proposal.
        Senator Moore Capito. Okay. So the planning grant, okay
    great; great news. I did have a question on the supply chain
    that is needed to deploy all this broadband.
        Secretary Raimondo. Yes.
        Senator Moore Capito. But I will save that for question for
    the record. And thank you.
        Secretary Raimondo. Yes. May I say something?
        Senator Moore Capito. Yes.
        Secretary Raimondo. You asked me last time I saw you, a
    week or two ago, what happens if RDOF says someone is covered,
    but if they are not covered for 5 years?
        Senator Moore Capito. Right, running with this all over the
    place, yes.
        Secretary Raimondo. The answer is, you are counted as
    unserved until you are actually served.
        Senator Moore Capito. Really?
        Secretary Raimondo. Yes. So I wanted to make sure to get
    back to you.
        Senator Moore Capito. Okay. That is a great clarification.
    Thank you.
        Secretary Raimondo. Yes.
        Senator Moore Capito. And Senator Braun, I am turning it
    over to you. And I am going to go vote. Thank you.
        Senator Braun. I guess, I will recognize myself here, so.
        [Laughter.]
        Senator Moore Capito. It is a little strange.
        Senator Braun. The first time that has occurred in a little
    over 3 years, but it is the nature of how this place works.
        Secretary Raimondo. Here we go. Here we are.
        Senator Braun. So back on March 15, I introduced a letter
    about the labor negotiations with the West Coast folks, in
    terms of having those done by July 1. I understand they may
    have started yesterday. So last time there has been a dispute
    there, it ended up lasting 10 months, and it probably had more
    latitude in terms of how long you could go.
        I think that would be devastating for supply chain,
    everything else we have come through. I was hoping to get your
    opinion as to whether you think we will get these negotiations
    done, so that we don't, you know, pass that July 1 deadline.

                    LABOR NEGOTIATIONS WITH WEST COAST PORTS

        Secretary Raimondo. I am sorry; which negotiation?
        Senator Braun. Okay. So it would be the upcoming contract
    negotiations for the West Coast ports. So it is a labor
    negotiation.
        Secretary Raimondo. Okay. Okay, sorry. I am not involved in
    that, so--
        Senator Braun. No. I think I am raising the point in that,
    you know, supply chain is part of what you are concerned with.
        Secretary Raimondo. Yes. No, yes.
        Senator Braun. That has been a major bottleneck on supply
    chain. And I, and about 17, 18 other Senators put it in a
    letter to President Biden, and really have not heard back.
    Although I am told that they may have started yesterday. So why
    don't you find out how they are going.
        Secretary Raimondo. Okay. Fair enough. Yes.
        Senator Braun. And to make sure that we don't pass the July
    1 threshold, because that would add, you know, right when we
    are starting to get a little fluidity.
        Secretary Raimondo. Yes. Yes.
        Senator Braun. You know back, I guess, from the frying pan
    into the fire. So I will discuss something--
        Secretary Raimondo. Yes.
        Senator Braun [continuing]. That we both share a concern
    with. My business was logistics, distribution. I know how
    supply chains have been really rattled, displaced, main trading
    partner for many. The Chinese have now done some things in
    their own country that look like they are going to be less
    dependable when it comes to how it is going to work on key
    things we get from their semiconductors.
        We know what that has done to many, many different
    industries. Those are issues I am hoping that we are going to
    somewhat, reflexively bounce back into something that is going
    to be more workable. I know you are working on some of the
    particulars. We have talked about it before. So I won belabor
    that.
        I think what I am concerned about mostly, in our American
    economy, no one else seems to be, is the fact that the
    President put out a blueprint on a budget 10 years out, that
    shows us actually growing our structural deficits, taking our
    debt from $30 trillion where it is currently, record high in
    our country's existence, to $45 trillion.
        Love to know how you view that, in terms of being a viable
    blueprint. And when do we have to start addressing the
    underlying causes, which are tough issues, Social Security,
    Medicare, that drive the structural deficits? Or whether it
    makes a difference? Whether we can have a blueprint for our
    country out there that says, hey, we are going to be $45
    trillion, that is taking us into territory way exceeding where
    we were post-World War II?

                              THE AMERICAN ECONOMY

        Secretary Raimondo. So, I can assure you that the President
    is concerned about fiscal responsibility. In fact, the deficit
    shrunk significantly this past year, under his leadership. And
    he will be the first to tell you that he is for responsible,
    efficiently run government. But we also think it is important
    to make investments.
        You know, like the investments that we made in the
    Bipartisan Infrastructure Bill, investments in broadband,
    investments in clean water, et cetera. So I think that like all
    things, it is a balance. But I can tell you the President is
    committed to running a responsible government, and fiscal
    responsibility.
        Senator Braun. Well, I know he said that. To me, the proof
    is in the practice and the pudding, so to speak, and pre-COVID
    we were borrowing about 23 percent of every dollar we spend
    here, marginally. Now, that is up to 30 percent, and we created
    the largest deficits in our country's history. Some in a
    bipartisan way, in trying to navigate through the pandemic, and
    be careful about touting that we are bringing the deficits down
    because, still, huge deficits that we created, so the law of
    gravity would bring you down.
        What I am more concerned about is putting a formal
    blueprint out there that averages between now and then, you
    know, $1.5 trillion deficits times 10, 15 trillion added to our
    debt. I don't think it is a business plan that is sustainable.
        I think politicians, including Jay Powell at the Fed,
    through whatever this modern monetary theory is supposed to be,
    I think it runs us into the ditch in a hard way. And I would
    hope that there might be some modification to our country's
    business plan that does something other than that; or do you
    like, or are you comfortable with a blueprint that shows us
    being 45 trillion in debt?
        Secretary Raimondo. I am comfortable with the President's
    plans but I agree with you that we have to continue to work to
    live within our means.
        Senator Braun. I guess we will live with that today. Thank
    you.
        Secretary Raimondo. Thank you.
        Senator Shaheen. Thank you, Senator Braun. I think Senator
    Moran is still coming back, and I have a few more questions. We
    still have two more votes which could take a while. So since
    you are here, I get to ask questions.
        And I want to go back to NOAA, because, as you know, last
    year NOAA required increased observer coverage for the
    Northeast Groundfish Fishery, which has been an ongoing
    challenge for us in New Hampshire, as for other groundfish
    fisheries, and throughout New England.
        This year with NOAA increasing the coverage requirement to
    100 percent from about 40 percent, every fishing trip is going
    to have to have an observer on board, and the program costs are
    going to significantly increase.
        So I have been pleased, over the last 5 years, when we have
    worked to see that we cover the cost of at-sea monitors for our
    fishing boats. And I was disappointed this year that the budget
    request for NOAA actually proposed to cut the funding for this
    program from the enacted level. So can you talk about that
    decision? And has NOAA actually estimated the full cost of at-
    sea monitoring for the 2022 fishing year?

                       NOAA FUNDING FOR AT-SEA MONITORING

        Secretary Raimondo. Yes. So, first of all, thank you for
    your support of the at-sea monitoring. It is important to all
    the New England States. And yes, they have. I know there has
    been a cut, but we have $11 million left over from prior years.
    So it is our estimation that the $7.6 million which we have
    requested, plus the 11 which we have, will be adequate.
        Senator Shaheen. So will you commit to me that NOAA will
    cover the full cost of at-sea monitors this year?
        Secretary Raimondo. That is the plan, yes.
        Senator Shaheen. Great. Thank you. I appreciate that, and
    also look forward to seeing how we can help some vessels move
    to electronic monitoring.
        Secretary Raimondo. Mm-hmm, yes.
        Senator Shaheen. Of which I know there has been some
    reluctance to do, but I think the more the fishing industry
    sees what is happening in that area, and is able to understand
    how that would affect them, the more likely they are to be
    willing to switch over. So I think that is also a significant
    piece of this.
        Secretary Raimondo. Yes. I agree. Senator Murkowski and I
    chatted a little bit about the un-crewed. I mean there is all
    sorts of technology that we need to adopt to make this easier.
        Senator Shaheen. Great. Sticking with NOAA; the
    Infrastructure Investment and Jobs Act provides about $3
    billion over 5 years for programs for NOAA, and I was very
    pleased to work to try and ensure that the majority of this
    funding goes to improve coastal resilience, and restoring
    habitat, something that is very important to us as, you know,
    in coastal States.
        And I know that communities are very eager to receive these
    funds, but it has been almost 6 months since the passage of the
    Bipartisan Infrastructure Act, and yet NOAA has only released
    two of at least ten notices of funding opportunities.
        So can you talk about what the reasons are for the delay,
    and when communities can expect that they may see more of those
    funds?

                     INFRASTRUCTURE INVESTMENT AND JOBS ACT

        Secretary Raimondo. Yes. So, as you say, it was nearly $3
    billion, $2.96 billion. That is an unprecedented amount of
    money for NOAA to have received, which is not an excuse; it is
    just a reality that it is more than they have ever done. We
    plan and will have all the Notice of Funding Opportunities out
    by the end of June. So that is a commitment, end of June.
        Senator Shaheen. Great.
        Secretary Raimondo. And we are just going to work towards
    that.
        Senator Shaheen. And there are ways that we can help alert
    our communities that these notices are coming, and they should
    be watching for them, and encourage them to be paying
    attention, and seeing how we can help communities.
        Secretary Raimondo. You know, that is a good question. I
    will have my staff follow up with you specifically.
        Senator Shaheen. That would be great.
        Secretary Raimondo. So I can give you a more specific sense
    of when New Hampshire, for example, should start looking for
    it.
        Senator Shaheen. That would be really helpful. As you know,
    one of the--one of the things that I have been very impressed
    with in the Seacoast of New Hampshire, is the extent to which
    communities are looking towards the impacts of climate change,
    and getting ready to address that. And so I know these funds
    are going to be very important as they think about what is
    coming down the pike.
        One final question before I turn it over to Senator Moran.
    Is through the CARES Act, the American Rescue Plan, and the
    Infrastructure Investment and Jobs Act, Congress has made
    historic investments in the Commerce Department, as well as
    many other areas of government and in States, to help get
    through the pandemic. And we may soon pass some form of the
    U.S. Innovation and Competition Act, hopefully that will add
    more funding at the Department, that you are not expecting. And
    just as with NOAA, that that is great news, but it presents
    challenges for the Department.

                   ENSURING SUCCESS OF DEPARTMENT INVESTMENTS

        Secretary Raimondo. Yes.
        Senator Shaheen. And a lot of us are watching because we
    are very anxious to see these programs be successful. So can
    you talk about how you are ensuring that the Department is
    coordinating those investments, and what we can do to ensure
    that you have the support you need to do that?
        Secretary Raimondo. Yes. Look, like you, I don't want to
    say anxious about it but I have a real sense of focus to make
    sure that we implement all this money correctly. It is over a
    $100 billion, which is an extraordinary amount. I hope you take
    some confidence in the fact that NTIA, which is implementing
    almost $50 billion, is going to get that out on time, if not
    ahead of time. By the way, by this Friday, every State will
    have a State point of contact for broadband.
        Senator Shaheen. That is great.
        Secretary Raimondo. And I have personally communicated with
    all the governors. So what is my point? My point is, we are
    gearing up, we are ready, we will implement, we are hiring. I
    hope you do pass USICA, and that will send $52 billion for
    chips, and we already have done a lot of the work related to
    what is the org chart, what kind of talent do we need.
        So it will be a partnership between you, and this
    Committee, and our team, but I want you to have confidence that
    we know it is a heavy lift, and we are prepared.
        Senator Shaheen. Great. We look forward to that.
        I will turn it over to Senator Moran.
        Senator Moran. Thank you. I don't know I was of much help
    to you today, but it was unintentional on my part.
        Senator Shaheen. Ships through the night.
        Senator Moran. Yes. Madam Secretary, Russia's invasion of
    Ukraine has created new and complex trade challenges. While the
    administration has requested emergency Ukraine-related funding
    for the Bureau of Industry and Security, it has not done so for
    the International Trade Administration. What is the Department
    and ITA doing to promote exports, rural exports in particular,
    so U.S. farmers can help meet the emerging global food crisis
    that has arisen as a result of the evil Russian invasion?

                           ITA AND PROMOTING EXPORTS

        Secretary Raimondo. Thank you for that question. We are
    requesting an increase in the President's budget for ITA, and
    that it is specifically for export promotion. And there is a
    team within ITA looking at strategies specifically to respond,
    as you just said. And with respect to food, there is a great
    deal of work going on within the Administration, in the
    interagency, around how we can meet the needs that have been
    created by the invasion.
        Senator Moran. Is there money within the budget to help
    U.S. industries address emerging supply chain challenges and
    disruptions that have arisen as a result of the war in Ukraine?

                    FUNDING FOR THE SUPPLY CHAIN CHALLENGES

        Secretary Raimondo. Yes. We are requesting $16 million
    additional for supply chain work, whether that is specifically
    for Ukraine, no, is the answer. But it will be used for that. I
    will say this, that $16 million is what we are asking for to
    address the existing crisis. The crisis you are referring to
    the existing crisis.
        What this country really needs is what is in USICA, or
    whatever we call it; the Competition Bill, which is a permanent
    supply chain management operation within the Department of
    Commerce. If we have learned one thing through COVID, we are
    woefully under-resourced as it relates to the Federal
    government's ability to map, monitor, manage, and support our
    supply chain.
        We have lost 25 percent of our small manufacturers in the
    last 25 years, probably many in your State, many in my State,
    but one of the only countries, industrialized countries, that
    doesn't have this. And so that is why I have so much passion
    for the supply chain portion of the USICA Bill.
        We ought to be continuously monitoring, continuously
    providing loans, and such, to small manufacturers, so we are
    not constantly reacting to these supply chain disasters.
        Senator Moran. Does that provision exist in either the
    House or Senate version in one or--
        Secretary Raimondo. Yes it does, in both.
        Senator Moran. In both?
        Secretary Raimondo. In both, yes.
        Senator Moran. Okay. So your testimony is you support that
    provision that is in those bills?
        Secretary Raimondo. Strongly.
        Senator Moran. Okay. And then the Department of Commerce,
    do you have the capability or--and are you doing so, if you do,
    to engage with U.S. companies that--to help them find a role to
    play in reconstructing Ukraine?

              ROLE OF U.S. COMPANIES IN RECONSTRUCTING THE UKRAINE

        Secretary Raimondo. Ah. Thank you for that question. So I
    had the opportunity, a couple of weeks ago, to meet with the
    Prime Minister, he came to visit with me. We talked mostly
    about export controls, because I was trying to gather
    information about whether we are being effective. But the
    conversation quickly turned to the rebuilding of Ukraine.
        And so the answer to your question is, yes, we are already
    in process, engaging the private sector, looking at our own
    tools within ITA, to figure out how we can lean into the
    rebuilding effort. I will tell you this, we are very early
    stages, the initial outreach to U.S. industry has been
    excellent. And I would say more broadly the U.S. private sector
    has stepped up in ways that have supported the administration's
    work.
        Senator Moran. I just, in between voting, and the State and
    Foreign Ops Appropriations Subcommittee that is meeting at the
    same time today, where the topic is food aid globally.
        Secretary Raimondo. Yes.
        Senator Moran. But certainly Ukraine is maybe a need, and
    is a contributing factor, a significant factor in the hunger
    that is occurring, or will occur around the world, one of the
    answers that Ambassador Beazley provided was that there is no
    way to truck grain out of Ukraine to world markets. Does that
    make sense to you?
        He was responding to someone else's question, and I didn't
    have a chance to follow up. But the goal--I mean most of that
    grain is shipped out by ship.

                            FOOD AID IN THE UKRAINE

        Secretary Raimondo. Yes.
        Senator Moran. I didn't say that very well as, you know,
    realizing that--
        Secretary Raimondo. No, no. I know what you mean. It does
    make sense to me; having said that, I would have to look into
    it further to verify it.
        Senator Moran. We ought to be--I mean, transportation in
    Ukraine may be--that every industry is important in the
    rebuilding, and the restructuring, but to help meet global
    hunger, agriculture and transportation seem to me to be of huge
    importance, as you, and the private companies that you just
    mentioned, discuss what the next steps are, those might be the
    places that are so valuable, not only to Ukraine, but also to
    the world.
        Secretary Raimondo. That is an excellent point.
        Senator Moran. When we were on the border of Ukraine, the
    Ukrainians were particularly asking for diesel fuel, so that
    they could actually produce the crops, which captured my
    attention. It would be so sad to have crops in a field, or seed
    to plant, or crops to harvest, and the absence of diesel fuel
    prevents them from doing so.
        Assure me, Madam Secretary. It appears to me that there
    is--as I would expect--there is significant emphasis in the
    administration's budget, in your Commerce Department budget, on
    climate change. Having just been in Kansas a weekend ago, and
    saw the results of a tornado in Andover, assure me that the
    priorities on climate change do not diminish the necessity, or
    the capabilities, of providing the current weather, and the
    warnings necessary, and the knowledge necessary for people to
    protect themselves, and for farmers to make decisions about
    planting, and harvesting? And are we--or we make sure we are
    not diminishing what we need to do otherwise?

                 CLIMATE CHANGE AND CURRENT WEATHER PRIORITIES

        Secretary Raimondo. No. In fact, we are expanding what we
    need to do. In fact I was just meeting with Dr. Spinrad the
    other day, around what more investments we are making to
    improve our weather forecasting, improve our wildfire
    forecasting. And how we can continue to develop data products
    that we can provide to businesses, to States, to cities, to do
    an even better job with drought forecasting, which of course
    leads to fires, et cetera.
        So no, I would say if anything we are doubling down on
    this, and some of the investments in satellites, and such, are
    exactly for that.
        Senator Moran. Thank you for your answers.
        Senator Shaheen. Thank you, Senator Moran. I actually only
    have one more question. And that has to do with Anomalous
    Health Incidents. The Omnibus budget included a provision that
    allowed the Department to have up to $5 million to assist
    certain employees and family members who may have been affected
    by anomalous health incidents. Can you tell us if that funding
    has been used? If you have--if you think it is going to be
    adequate to address the concerns that you are hearing from
    employees, or if you need additional help?

                           ANOMALOUS HEALTH INCIDENTS

        Secretary Raimondo. Yes, I need--permit me to get back to
    you on that. I have not heard that it is not enough. And I have
    been in close contact on all of these issues, but I will get
    back to you, and give you a better answer.
        Senator Shaheen. That would be great. Thank you.
        Senator Moran, do you have any further questions?
        Senator Moran. No. Thank you. I do, but I don't have time
    for them.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. In that case, if there are no further
    questions. Senators have until Wednesday, May 18, to submit
    additional questions for the official hearing record, and we
    would request the Department responses within 30 days of any
    questions for the record.
        [The following questions were not asked at the hearing, but
    were submitted to the Department for response subsequent to the
    hearing:]

                     QUESTIONS SUBMITTED BY CHAIRMAN LEAHY
    Questions Submitted to Secretary of Commerce Gina Raimondo, Department
                                  of Commerce
        Question 1. Through the enactment of the Infrastructure Investments
    and Jobs Act (IIJA) in November 2021, the National Telecommunications
    and Information Administration (NTIA) received $48.2 billion in funding
    to augment the efforts of its Office of Internet Connectivity and
    Growth to provide communities with the resources and tools necessary to
    deploy broadband infrastructure. For largely rural states like Vermont,
    where tens of thousands of households do not have broadband access,
    these funds will make a substantial difference in their work to ensure
    that everyone has affordable and dependable Internet service.
        Since negotiations of the IIJA began almost a year ago, the cost of
    raw materials and labor needed for deploying broadband have increased
    considerably. Further, shipping delays for certain materials and
    components have the potential to hinder ability of telecommunications
    providers to quickly make use of Federal funds and address the most
    immediate broadband needs of their communities.

              A.  What effect does the NTIA expect the compounding
            challenges of higher costs and supply chain constraints to have
            on the effectiveness of the broadband funding set aside by the
            IIJA?

        Answer. The DOC has taken a leading role in addressing supply chain
    challenges facing our nation. The Department and NTIA are well
    positioned to engage with the telecommunications sector and
    manufacturers to ensure that there is sufficient supply of fiber,
    equipment, and other necessary materials to implement the broadband
    programs. We leverage the resources and expertise within the Department
    and work closely with industrial stakeholders to address this critical
    issue.
        For the BEAD program, each Eligible Entity may choose its own means
    of competitively selecting subgrantees for last-mile broadband
    deployment projects, though that process must incorporate certain
    principles to satisfy the Infrastructure Act's mandates and the BEAD
    Program's goals.

              B.  What steps does the NTIA plan to take to address any
            negative impacts, and how can Congress assist in these efforts?

        Answer. See response above.

        Question 2. On March 28, 2022, the Department of Commerce announced
    the launch of an investigation into alleged circumvention of duties for
    solar panels imported from four Southeast Asian countries. The
    investigation is in response to a petition from Auxin Solar, which
    alleged that Chinese manufacturers shifted some production to these
    countries in an effort to evade 2012 duties. Solar panel imports from
    these four countries account for 80 percent of all solar panel imports
    to the United States. The Commerce Department is considering up to 250
    percent tariffs on these solar panel imports to be applied
    retroactively.
        The Solar Energy Industries Association (SEIA) is forecasting that
    solar installations for 2022 and 2023 will be cut by 46 percent due to
    these circumstances, resulting in a drop of 24 gigawatts of planned
    solar capacity. If this capacity is replaced by fossil fuels, the
    United States will emit an additional 364 million metric tons of carbon
    by 2035. The SEIA is also projecting that 100,000 American solar
    workers will lose their jobs. The consequences to this investigation
    contradict President Biden's efforts to reduce greenhouse gas pollution
    and support good-paying American jobs in the renewable energy industry.
        In SEIA's Broad Industry Survey, 88 percent of Vermont solar
    companies responded that the investigation will have severe or
    devastating impacts to solar business, and that $10 million worth of
    projects have already been impacted in Vermont alone. I have heard from
    a number of Vermont solar companies that this investigation threatens
    their long-term viability, which would not only result in a loss of
    jobs in Vermont, but would also stymy the state's ability to address
    carbon emissions moving forward.
        In May 2021, the Department of Energy's Solar Energy Technologies
    Office released a Multi- Year Program Plan to accelerate the
    advancement and deployment of solar technology. One of the Plan's goals
    was to expand the solar workforce to 300,000 employees by 2025.

              A.  What will the Department of Commerce do to negate the
            economic and environmental impacts of the market disruption in
            the domestic solar industry caused by this investigation?

        Answer. Anti-dumping (AD) and countervailing duty (CVD) proceedings
    are a quasi-judicial process, subject to review in U.S. courts. AD and
    CVD proceedings are in response to dumping or state-sponsored subsidies
    that harm U.S. industry. The Commerce Department bases its findings on
    the factual information on the record of its proceedings, following
    methodologies provided under the law, regulations, and long-standing
    practices.
        When dumping and subsidization cause harm or injury to our domestic
    industry, AD/CVD duties are imposed on imports to offset those negative
    effects and ensure a healthy system of international trade in which
    everyone can compete on a level playing field. With respect to the
    specific case you referenced, Commerce was originally scheduled to
    announce its preliminary and final determinations in these
    circumvention inquiries by August 30, 2022, and January 27, 2023,
    respectively. Commerce's determinations will be made in accordance with
    U.S. law and be based on the facts on the record as well as in
    consideration of comments filed by interested parties. Based on the
    complexity of this case, we extended the preliminary determination
    until November 28, 2022.
        On Monday, June 6, the White House announced that it was invoking
    the Defense Production Act to accelerate domestic production of clean
    energy technologies, including solar panel parts, grid components,
    building insulation, heat pumps and more. The proclamation also calls
    for up to a 24-month hold on potential duties on solar cells from
    Cambodia, Thailand, Malaysia, and Vietnam which may come as a result of
    the ongoing circumvention inquiries. On July 1, Commerce published a
    notice in the Federal Register with a proposed rule to implement
    certain aspects of the Proclamation. In the meantime, Commerce's
    ongoing circumvention inquiry will continue. To the extent
    circumvention is found to be occurring, the White House proclamation
    authorizes a temporary exception to the requirements to collect certain
    estimated duties and duties on imports of certain solar cells and
    modules from Cambodia, Thailand, Malaysia, and Vietnam.

              B.  Does the Department of Commerce support the Department of
            Energy's plan to expand the solar workforce and open new solar
            markets?

        Answer. Commerce is supportive of DOE's efforts to expand the solar
    workforce and open new solar markets. Growing a strong domestic
    workforce throughout all facets of the solar value chain will be key to
    delivering economic prosperity to American families while combatting
    climate change and creating the conditions for the U.S. solar industry
    to thrive in a competitive global market.

        Question 3. Congress is working toward a final agreement to make
    substantial investments in microelectronics, which the Department of
    Commerce will use for long-needed investments in the United States'
    ability to domestically produce critical semiconductors. The United
    States has need for both for more advanced chips for processing at
    smaller nodes, as well as more capable chips to manage the tremendous
    power requirements that 5G wireless connectivity and beyond requires.
    In fact, the importance in networking systems has become as significant
    a requirement for future technology as the processing capability.

              A.  How does the Department of Commerce assess the need for
            what used to be considered ``legacy'' node chips in light of
            the increased demand for connectivity?

        Answer. I applaud the members of Congress who worked hard to get
    the CHIPS and Science Act to President Biden's desk. My staff have hit
    the ground running to operationalize this historic investment in
    America's global economic leadership. To assess industry's needs from
    legacy to leading-edge node chips, the Department issued RFI on the
    chips shortage. Respondents from all organization types noted that if
    investments in manufacturing leading-edge nodes and legacy nodes were
    equivalent, the return on investment for legacy nodes would be higher
    due to the current growing demand and broader capacity in certain
    applications. Accordingly, we recognize that investments are needed
    across the industry.

              B.  How in demand are trusted supply chains for chips that
            enable 5G wireless networking?

        Answer. Building out trustworthy supply chains for chips that
    enable cutting-edge applications, including 5G, artificial intelligence
    and machine learning, and autonomous vehicles, is critical to the
    success of the CHIPS program. This is why it's crucial that we bring
    chip production home and construct a semiconductor ecosystem here in
    the U.S. My hope is to help bolster our chips supply chains for 5G
    networking through the CHIPS program.

              C.  What value do advanced techniques and materials such as
            Gallium Nitride and epitaxial growth provide?

        Answer. New materials and processes enable dramatic new properties
    and performance of integrated circuits, which are especially important
    in areas such as extending battery performance in mobile devices and
    electric vehicles, greater reliability in the electric grid, or harsh
    environment performance in aerospace.
        Leading-edge nodes and compound semiconductor nodes (such as
    silicon carbide and gallium nitride) are key areas of focus needed to
    maintain future competitiveness, and where aligning facilities,
    equipment, and other capacity are critical. In response to the
    Department's RFI on the chips shortage, large businesses highlighted
    the need for wide bandgap semiconductors, including silicon carbide and
    gallium nitride. Scalable end-to- end compound semiconductor
    manufacturing facilities with advanced, flexible tooling were thought
    to enable the broadest array of semiconductors for applications in 5G/
    6G wireless, broadband rural/urban access, data centers, and emerging
    augmented reality and virtual reality (AR/VR) products.
        Epitaxy, a method of depositing or growing a monocrystalline film,
    enables a high-purity starting point for building a semiconductor
    device. Epitaxy facilities generally specialize on a limited family of
    compound semiconductors. Thus, several facilities are needed to provide
    the range of materials and structures needed for a diversity of
    essential high performance devices and related technologies.

              D.  What domestically-available advanced techniques and
            materials for chips that 5G wireless networking exist?

        Answer. As discussed above, building out trustworthy supply chains
    for chips that enable cutting- edge applications, including 5G, is
    critical to the success of the CHIPS program. The CHIPS program will
    enable more domestic production of these critical chips and restore
    U.S. leadership in semiconductor production and innovation.

                                     ______

                Questions Submitted by Senator Dianne Feinstein

        Question 1. As you know, the Commerce Department's inquiry
    regarding the import of solar cells and modules is causing uncertainty
    in the market. A California company is alleging market practices by
    some companies that would result in tariffs up to a 250 percent
    increase.
        While I understand your department's process calls for an
    investigation, California is anticipating delays of over 400 megawatts
    of hybrid solar plus storage projects that were to come online this
    year. This includes 163 megawatts of storage in September, which falls
    amid peak wildfire season when the need for renewable energy is even
    more important.

              A.  Secretary Raimondo, how is the Commerce Department going
            to provide certainty about the cost of solar panels while the
            investigation is ongoing so California can meet its clean
            energy goals? And, what is being done to ensure an expeditious
            investigation?

        Answer. Anti-dumping (AD) and countervailing duty (CVD) proceedings
    are a quasi-judicial process, subject to review in U.S. courts. AD and
    CVD proceedings are in response to dumping or state-sponsored subsidies
    that harm U.S. industry. The Commerce Department bases its findings on
    the factual information on the record of its proceedings, following
    methodologies provided under the law, regulations, and long-standing
    practices.
        When dumping and illegal subsidization cause harm or injury to our
    domestic industry, AD/CVD duties are imposed on imports to offset those
    negative effects and ensure a healthy system of international trade in
    which everyone can compete on a level playing field. With respect to
    the specific case you referenced, Commerce was originally scheduled to
    announce its preliminary and final determinations in these
    circumvention inquiries by August 30, 2022, and January 27, 2023,
    respectively. Commerce's determinations will be made in accordance with
    U.S. law and be based on the facts on the record as well as in
    consideration of comments filed by interested parties. Based on the
    complexity of this case, we extended the preliminary determination
    until November 28, 2022.
        On Monday, June 6, the White House announced that it was invoking
    the Defense Production Act to accelerate domestic production of clean
    energy technologies, including solar panel parts, grid components,
    building insulation, heat pumps and more. The proclamation also calls
    for up to a 24-month hold on potential duties on solar cells from
    Cambodia, Thailand, Malaysia, and Vietnam which may come as a result of
    the ongoing circumvention inquiries. On July 1, Commerce published a
    notice in the Federal Register with a proposed rule to implement
    certain aspects of the Proclamation. In the meantime, Commerce's
    ongoing circumvention inquiry will continue. To the extent
    circumvention is found to be occurring, the White House proclamation
    authorizes a temporary exception to the requirements to collect certain
    estimated duties and duties on imports of certain solar cells and
    modules from Cambodia, Thailand, Malaysia, and Vietnam.

        Question 2. Since President Biden took office, the U.S. economy has
    created 8.3 million jobs, which is a record pace. At 3.6 percent, the
    unemployment rate is near historical lows. However, the economy is
    still several million jobs short of pre-pandemic levels in large part
    because nearly 1.5 percent of the labor force that existed in early
    2020 still has not returned to the job market since the pandemic began.

              A.  Secretary Raimondo, what are the main reasons that this
            substantial number of individuals has not returned to the
            workforce and should we be concerned about it? What is the
            Administration doing, and what should Congress consider doing,
            to make it easier for people to return to the workforce?

        Answer. There are about 600,000 fewer workers in the labor force
    before the pandemic, and nearly the entire gap is from women. This
    frustrates me but does not surprise me at all because accessible
    childcare, elder care and family leave policies are essential for
    supporting labor force participation, particularly among women. And the
    United States falls short on all three.
        Women shoulder the burden of caregiving in the United States, and
    many had to leave the workforce to take care of their children and
    elderly family members full time. Unavailable and unaffordable care is
    an economic crisis driving current workforce and economic challenges
    across the country. Across the world, affordable childcare is generally
    connected to higher maternal rates of employment.
        We see the impacts of paid family leave in states that have passed
    more robust leave laws. For mothers taking leave to care for children,
    paid leave nearly closing the workforce participation gap between women
    with young children and other women. For caregivers accessing leave to
    care for other family members, paid leave increases workforce
    participation.
        Caregivers often sacrifice their careers and financial futures by
    reducing work hours, taking on debt and tapping into their own
    savings--ultimately jeopardizing their own financial security.

        Question 3. In recent years, there has been a significant increase
    in the amount of space debris orbiting Earth due to collisions and
    anti-satellite tests, now totaling more than 30,000 individual objects.
    With tens of thousands more satellites proposed to be launched soon,
    mitigating the impacts of this debris is increasingly important.
    Multiple Federal agencies currently track space debris, including the
    Defense Department, NASA, and Commerce. The Commerce Department has
    requested a significant increase in its budget for the Office of Space
    Commerce this year, from $16 million to $87.7 million.

              A.  Secretary Raimondo, can you explain how the Office of
            Space Commerce plans to spend this funding increase? How does
            the Department of Commerce plan to collaborate with other
            agencies to set regulations for debris, satellite construction,
            and orbital paths?

        Answer. The fiscal year 2023 Budget request is based on a thorough
    review of the National Academy of Public Administration study and what
    it would cost to develop a sound and robust Open Architecture Data
    Repository (OADR) and fully staff the Office of Space Commerce (OSC).
    The increase is going towards achieving Initial Operating Capability
    (IOC) no later than fiscal year 2024, and Full Operational Capability
    (FOC) expected by 2025. Without this funding, NOAA cannot meet these
    critical milestones.
        Receipt of the full request of $87.7 million will allow OSC to
    maintain the OADR development schedule, including:

      --Continue to hire key staff.
      --Support partnerships among OSC and DoD and other Federal agencies,
            academia, and commercial industry to share space situational
            awareness (SSA) information through the OADR. The additional
            funding reflects the importance the Administration places on
            the SSA mission and will support NOAA's efforts to accelerate
            the development of the OADR from a pilot demonstration to FOC
            in 2025.
      --Award a contract to a cloud infrastructure and data integration
            service provider which would provide cloud services to host the
            OADR and deliver SSA products and services, procure commercial
            data, services, and infrastructure to populate the OADR; and to
            build out the proving ground (or test area) for use by
            government, industry, and academia for innovation activities.
      --Acquire a variety of commercial capabilities (products, services,
            and technologies) that will make key contributions to the OADR,
            consistent with the guidance of Space Policy Directive-3.

        In addition to the implementation of the OADR, the funding will
    allow OSC to maintain its prior commitment to domestic and
    international advocacy of the U.S. commercial industry, and to continue
    licensing of the operations of private space-based remote sensing
    systems commercial licensees.
        With respect to our plans to collaborate with other agencies, OSC
    is collaborating with DoD, NASA, and other bureaus within the
    Department of Commerce as it develops the OADR to provide SSA
    information and basic spaceflight safety services to civil and private
    spacecraft operators. As the current provider of this information and
    services, the DoD is the most critical partner, and OSC is working to
    conclude an agreement with the U.S. Space Command and the US Space
    Force to govern our collaboration. OSC is currently working with the
    White House Space Council and other interested agencies to investigate
    what steps might be necessary to reduce orbital debris, and ensure the
    future safety of spaceflight operations, pursuant to Space Policy
    Directive 3.

        Question 4. I continue to be deeply concerned about industrial
    waste dumped off the California coast between the 1930s and 1960s that
    still remains in our ocean. This toxic waste includes DDT--a chemical
    so harmful it was banned in 1972.
        We now know that oil and gas-related chemicals are also likely to
    have been dumped there as well. Scientific studies point to decades of
    detrimental impacts to the marine life, including cancer in dolphins
    and sea lions.
        The survey conducted by NOAA and partners in March 2021 mapped
    approximately 36,000 acres at 3000 feet depth of the sea floor. This
    area, known as dumpsite #2, revealed around 26,000 dumped barrels of
    industrial waste, and over 100,000 other debris objects. We also know
    based on historical record, there are a total of 14 known offshore
    dumpsites off the California coast. This is alarming.
        Both EPA and NOAA have informed my office a number of times that
    they have more questions than answers on this problem and a follow-up
    survey mission is the best next step to understand the state of the
    barrels, as well as the chemicals in them and around them in the water
    and on the sea floor. Yet, more than a year later, neither agency has
    provided a funding estimate despite repeated requests by my staff, nor
    a plan of action for next steps.

              A.  Secretary Raimondo, I ask that NOAA and its partners act
            with urgency and prioritize this issue. NOAA's expertise is
            critical to address this major problem. Can you describe the
            next steps NOAA will take to help us better understand the
            impacts of this historic ocean dumping?

        Answer. NOAA is part of a State/Federal interagency group, led by
    EPA, further assessing dumpsite #2. NOAA's technical representatives
    have supported two products to better delineate dumpsite #2 and its
    potential risks. First, the interagency technical team developed a side
    scan sonar survey plan to supplement the March 2021 survey areas.
    Additionally, the technical team developed a sediment sampling plan
    based on a conceptual model of exposure and risk at the site. The next
    steps are to budget the two plans and proceed with implementation. EPA
    is the lead for budgeting and implementation with support from NOAA. At
    the same time, NOAA is administering fiscal year 2022 Congressionally
    Directed Spending for Scripps. NOAA provided timely technical review of
    the Scripps proposal and award is expected in the fourth quarter of
    fiscal year 2022. The information and data generated by the Scripps
    work will further inform and potentially address some of the
    interagency needs.

              B.  This historic toxic dumping is a major problem off the
            California coast, but it is coming to light that California's
            coastline is not the only place where historic ocean dumping
            took place. Although the United States outlawed this practice
            decades ago, major problems and risks from these lingering
            chemicals still exist.

              C.  Does NOAA have the statutory authority it needs to
            monitor or conduct testing on the impacts of the DDT and other
            toxic waste that was dumped decades ago but remains active in
            our environment?

        Answer. NOAA has sufficient statutory authority to provide support
    to lead agencies, primarily under the National Oil and Hazardous
    Substance Pollution Contingency Plan and environmental response
    statutes, such as Oil Pollution Act (OPA) and Comprehensive
    Environmental Response, Compensation, and Liability Act (CERCLA). This
    authority is the principal mechanism for NOAA's current engagement in
    the Southern California site supporting EPA and collaborating agencies
    in the development of the plan that allows for improved understanding
    of potential risk to human health and the environment posed by Dump
    Site #2. Also, as a Trustee under CERCLA, OPA, and National Marine
    Sanctuaries Act (NMSA), NOAA has the authority in appropriate
    circumstances to conduct natural resource damage assessment and seek
    damages for restoration.

        Question 5. The National Oceanic and Atmospheric Administration
    (NOAA) released two studies highlighting the detrimental impacts of
    ocean acidification on the West Coast. NOAA scientists confirmed in a
    December 2019 study on acidification variability in the California
    ecosystem that California's waters are rising in acidity at twice the
    global average, threatening marine life and adding to a growing number
    of costly fishery disasters.
        A second NOAA study, published in January 2020 on Dungeness crab
    larvae in the Pacific Northwest, documented for the first time (outside
    of lab conditions) that ocean acidification can damage the shells and
    sensory organ of Dungeness crab, threatening the long term growth of
    the one of the most valuable fisheries in U.S. coastal waters.

              A.  What efforts is the Department taking to combat ocean
            acidification? What programs and plans does the Department have
            in place as our oceans continue to acidify?

        Answer. NOAA is funding and conducting research and monitoring to
    understand how ocean chemistry is changing in U.S. waters and how
    organisms, like Dungeness crabs, are affected by those changes. This
    funding and research are primarily led by NOAA's Ocean Acidification
    Program and Pacific Marine Environmental Laboratory, and coordinated
    across NOAA and other Federal agencies.
        NOAA is planning research to better understand the role the ocean
    might play in carbon sequestration (also known as marine carbon dioxide
    removal or mCDR). In fiscal year 2022, NOAA funded (with the Department
    of Energy and ClimateWorks) an mCDR research project. The project
    focused on ocean alkalinization as a method of ocean acidification
    mitigation and long-term carbon sequestration. Additionally, the NOAA
    Carbon Dioxide Removal Task Force is finalizing a strategic plan which
    will include an evaluation of mCDR approaches and subsequent impacts.
    Subject to the availability of funds, NOAA is pursuing an expanded
    Federal funding opportunity on mCDR in fiscal year 23 through the
    National Oceanographic Partnership Program which would consist of
    funding from NOAA and other Federal agencies.
        While NOAA's efforts can help communities mitigate and adapt to
    ocean acidification, ultimately, ocean acidification is caused by
    rising carbon dioxide levels in the atmosphere being absorbed by the
    ocean. The most direct solution to ocean acidification is for the U.S.
    and the world to reduce carbon dioxide emissions.

        Question 6. Due to heightened impacts of climate change, extreme
    weather events and pollution, marine environments--as well as inland
    waterways and reservoirs--are experiencing prolonged and very harmful
    algal blooms. These blooms lead to human and animal illness and
    jeopardize commercial fisheries as well as drinking water resources.

              A.  How is the Department spending congressionally-
            appropriated funding related to mitigating impacts or
            preventing harmful algal blooms?

        Answer. In fiscal year 2021, NOAA spent almost $28 million to
    understand, detect, monitor, and forecast HABs, helping communities
    with decisionmaking related to their prevention, control, and
    mitigation (PCM).
              1.  About $20 million of fiscal year 2021 spending was on HAB
            mitigation--specifically detection, monitoring, and forecasting
            to help coastal resource managers, public health officials,
            drinking water managers, fishers, recreational users, the
            tourism industry, and research scientists plan for and around
            HABs. NOAA is developing a National HAB Observation System
            (NHABON) and provides operational HAB forecasts for Lake Erie,
            Texas, and Florida. Short-term (twice weekly) forecasts
            identify which blooms are potentially harmful, where they are,
            how big they are, and where they are likely headed.
              2.  $3.6 million supported the Prevention, Control, and
            Mitigation Program (PCMHAB) within NOAA's National Centers for
            Coastal Ocean Science's research funding to move promising PCM
            technologies through development, to demonstration and
            application. NOAA also funds socioeconomic research to assess
            impacts of HAB events on coastal economies and societies, and
            the costs and benefits of mitigation strategies to aid managers
            in devising cost-effective management strategies.
              3.  $4.4 million was spent across NOAA on early-stage
            research to understand the causes and impacts of HABs and their
            toxins, which is fundamental to successful management and
            mitigation.

        With these funds, NOAA actively works to identify cost-effective
    adaptive and mitigation strategies for communities to increase their
    resilience to future HAB events, identifying the environmental drivers
    of HAB events to inform responses to future climate change, including
    changes in HAB geographic range, seasonality, and toxicity. NOAA
    utilizes advanced technology for remote and autonomous monitoring of
    HABs in near real-time and develops forecasts to provide early warning
    of HABs for state, Federal, and tribal partners.

        In fiscal year 2022, NOAA solicited proposals to establish a HAB
    Control Technology Incubator to speed up the development of control
    methodologies. By supporting small proposals, the incubator will
    quickly and economically test the potential of new approaches. The most
    successful proposals could then be submitted to PCMHAB competitions for
    a more thorough evaluation. The incubator will also develop a
    clearinghouse of regulations and permitting requirements related to the
    testing and ultimately application of control technologies. NOAA
    anticipates announcing the awardee in late fiscal year 2022.

        Question 7. It is crucial we prioritize and accelerate sustainable
    fishing gear testing and authorization to protect our marine
    environments. Deep-Set Buoy Gear was approved by the Pacific Fishery
    Managements Council in September 2019, and provides a sustainable
    alternative to Drift Gillnets. I understand that the National Marine
    Fisheries Service is now going through the authorization process for
    Deep-Set Buoy Gear.

              A.  What is the current timeline for the authorization of
            Deep-Set Buoy Gear and what are the steps that need to be taken
            to authorize new gear?

        Answer. NOAA Fisheries is currently preparing a proposed rule to
    implement the Pacific Fishery Management Council's (Council's) proposed
    amendment to the Fishery Management Plan for U.S. West Coast Fisheries
    for Highly Migratory Species, which NMFS anticipates publishing soon.
    We have been coordinating with the Council on regulations to accompany
    their transmittal of the amendment, which led to the Council revising
    its final preferred alternative for a proposed amendment in March 2021.
        In developing the proposed rule, NMFS must establish the
    infrastructure to permit, manage, and monitor the fishery. NMFS is
    currently working with agency partners to formalize these procedures
    and business rules to support the record of decisionmaking. Part of the
    effort has included developing and testing a system by which NOAA
    Fisheries can qualify individuals for limited entry permits according
    to the tiered criteria recommended by the Council, which incorporates a
    reliance on data prepared by the California Department of Fish and
    Wildlife (CDFW). Additionally, NMFS needs to complete a Section 7
    consultation under the Endangered Species Act (ESA).. Revisions to data
    collection and permitting procedures under the fishery management plan
    that are necessary to implement the proposed action are also subject to
    the Paperwork Reduction Act.
        Upon publication of the proposed rule, there will be a public
    comment period. During that time and subject to completion of the
    Section 7 ESA consultation, NOAA Fisheries can respond to comments on
    its draft environmental impact statement (EIS), pursuant to the
    National Environmental Policy Act (NEPA) and prepare a final EIS for
    publication. Following a cooling off period on the final EIS, and
    consideration of public comments collected on the proposed rule and
    fishery management plan amendment, NOAA Fisheries will prepare a record
    of decision under NEPA and a final rule for publication.
        Upon publication of the final rule, and before limited entry
    permits can be issued, NMFS will take several steps to ensure a fair
    ranking of applications according to the Council's qualifying criteria
    and adherence to Council-recommended limitations on permit ownership
    and transfers.

              B.  How can this process be streamlined and/or accelerated?

        Answer. NOAA has been working to streamline implementation of deep-
    set buoy gear authorization wherever possible. As discussed above, NOAA
    has been coordinating with the Council, as well as the California
    Department of Fish and Wildlife, to assess ranking procedures for
    qualification for limited entry permits, and to document such
    considerations for compliance with the Magnuson-Stevens Fishery
    Conservation and Management Act. Continuing these effective
    partnerships is paramount to completing the remaining clearance and
    rulemaking processes to implement authorization of deep-set buoy gear.
                                     ______

                  Questions Submitted by Senator Brian Schatz
        Question 1. Less than 10 percent of the initial appropriation has
    been handed out of a program that was authorized in December 2020. What
    are you doing to ensure that broadband funding provided through the
    Infrastructure Investment and Jobs Act (Public Law 117-58) is
    distributed in a timely manner? Are you concerned about the pace at
    which NTIA has processed awards for the Tribal Broadband Connectivity
    Fund?

        Answer. NTIA has met or exceeded every deadline established for it
    by Congress, under the Infrastructure Investment and Jobs Act (IIJA).
    Congress entrusted NTIA with a great responsibility in IIJA: to help
    ensure all Americans have access to high-speed Internet and the modern,
    digital society. We are working expeditiously to make sure the funds
    get to the places in need quickly and without delay.
        NTIA must also be good stewards of taxpayer funds and do everything
    in our power to ensure that grant recipients have strong plans in place
    that reach people in need and are equipped to follow through on their
    plans. We must also make sure that, before obligating any funds, robust
    oversight measures are in place to prevent any waste, fraud, or abuse.
        As we have been working tirelessly to expand our staffing and
    technical capacity in response to the new authority and trust granted
    to us by Congress, we will move as quickly as possible to obligate
    funds.

        Question 2. I appreciate NIST's efforts on mitigating AI bias and
    the development of the Risk Management Framework. What activities has
    NIST planned to provide actionable guidance to reduce the risks from AI
    bias? Will you ensure that NIST consults not only with developers and
    deployers of AI systems when creating this guidance but also with
    communities that are impacted by biased AI systems? What level of
    funding and staff is being provided to NIST for these activities?

        Answer. NIST contributes to the research, standards, and data
    necessary to advance characteristics of trustworthy artificial
    intelligence, including mitigation of harmful bias, in order to realize
    the full promise of this technology. NIST has significantly expanded
    its efforts to identify, understand, measure, and mitigate harmful
    bias, with a focus on a socio-technical approach. This reflects a
    recognition and increased awareness that AI operates in a larger social
    context, in addition to traditional efforts focused on computational
    elements. Working very closely with a diverse set of stakeholders, NIST
    is building guidance that is flexible and can be applied across AI use
    contexts and sectors. Specifically, NIST recently published ``Toward a
    Standard for Identifying and Managing Bias in Artificial Intelligence''
    (NIST SP 1270), which identifies the concepts and challenges associated
    with bias in AI and provides preliminary guidance for addressing them.
    Managing bias is also included as one of the key trustworthiness
    characteristics outlined in the NIST AI Risk Management Framework which
    NIST is developing hand-in-hand with the larger community. This
    Framework will provide guidance to organizations on how to manage risks
    of AI systems. As a companion to the AI Risk Management Framework (AI
    RMF), NIST is developing a Playbook to assist the broad set of
    interested stakeholders with actions they can take to implement the
    framework, including concrete steps to mitigate the risks from harmful
    bias.
    Will you ensure that NIST consults not only with developers and
            deployers of AI systems when creating this guidance but also
            with communities that are impacted by biased AI systems?
        Answer. Yes. NIST takes a transparent and stakeholder driven
    approach in its development of priorities, research, and guidance to
    advance AI trustworthiness. This includes engaging with a diverse range
    of stakeholders through multiple public workshops, opportunities for
    public comment and feedback on publications, and numerous meetings,
    listening sessions, and roundtables with stakeholders from as many
    sectors as possible. NIST continues to reach out beyond the U.S. to
    international and multinational organizations. Because of the impact AI
    can have on individuals, communities, and society, NIST has increased
    its outreach to and engagements with civil society organizations and
    other advocacy groups--including those focused on fairness, civil
    liberties, and the rights of individuals--to provide the perspective of
    those who may be impacted by AI bias. NIST seeks to identify new
    stakeholders, including those who are directly impacted, to help better
    understand this challenging area.
        NIST believes it is important for AI developers and deployers to
    understand the broader impact AI can have on individuals and society,
    in addition to the direct risks to the organization. This perspective
    is woven prominently into the guidance included in the draft NIST AI
    RMF.
        Moreover, NIST is managing the National Artificial Intelligence
    Advisory Committee, which reports to the President and the National AI
    Initiative Office. That committee's scope includes addressing issues of
    bias, and its membership include some of the nation's top experts
    concerned about issues of bias.
    What level of funding and staff is being provided to NIST for these
            activities?
        Answer. NIST is investing an estimated $30 million in fiscal year
    2022 on artificial intelligence activities across the agency, including
    $11 million dedicated to advancing trustworthy and responsible AI. The
    fiscal year 2023 President's budget includes an additional $15 million
    requested for AI activities to develop a new NIST AI Collaborative
    Institute and increase technical expertise in its laboratory research
    efforts. Trustworthiness and the issue of harmful bias and its
    potential impact on individuals and society are a key component of that
    research and are part of multiple programs and projects.

        Question 3. Stakeholders, especially those from minority
    communities, have raised a number of concerns on the use of facial
    recognition technology. The Facial Recognition Vendor Test is an
    important program to provide reliable and accurate information on the
    performance of commercial facial recognition products. What funding is
    being designated to ensure that the Vendor Test continues to expand its
    offerings and incorporate more real world scenarios in its testing?
        Answer. The NIST Face Recognition Vendor Test (FRVT) program is
    funded at approximately $2.5 million in fiscal year 2022 through a
    combination funds from NIST and other Federal agencies. Since its
    initial development in 2000, the FRVT program has driven research
    priorities and standards for the face recognition community. The
    program also provides information to organizations so they can
    determine whether and how face recognition technology can be deployed.
        NIST tests face recognition algorithms for real world relevant use
    cases related to 1-1 and 1-N, image quality, morph detection, and
    demographic variations defined by sex, age, and race. The tests include
    real world data relevant to face recognition. NIST also conducts
    relevant research as part of its privacy engineering and artificial
    intelligence trustworthy efforts to provide direction on mitigation of
    harmful bias and enhancing privacy, which could also apply to the
    deployment of face recognition technologies in real world scenarios.
        More funding would allow for expanded focus that included needs of
    the broader facial recognition community such as additional real world
    data sources and relevant use cases.

        Question 4. The Commerce Department's Office of Native American
    Business Development has been authorized since 2000, but the office is
    not yet fully functional and it lacks leadership. What is the status of
    the office, including the appointment of a Director? What is the
    current funding for the office and what are the plans for the fiscal
    year 2023 funding?

        Answer. A search for a Director (GS-15) of the Office of Native
    American Business Development is in the final stages, and the
    Department hopes to be able to announce the director soon. The Office
    of the Secretary is preparing for the arrival of the director, and the
    important work of the Office of Native American Business Development
    continues in the meantime.
        The Office was formally transferred from the Minority Business
    Development Agency (MBDA) to Departmental Management (DM) in fiscal
    year 2022. Funding of $200,000 is requested in the fiscal year 2023
    Departmental Management (DM) Congressional Submission.

        Question 5. Despite the many challenges of the 2020 census, the
    population counts were sound for use in apportionment, and the
    Redistricting Data File also passed the Census Bureau's quality
    standards. However, that file is filled with impossible and improbable
    results due to underlying data quality issues or the new disclosure
    avoidance system applied to the 2020 Census. Demographers, budget
    officials, urban planners, public health officials, and program
    administrators rely on timely, reliable population tract-level data.
    Will the Census Bureau flag statistics with questionable reliability?
    And if so, how and for whom?

        Answer. The Census Bureau releases information about 2020 Census
    data quality (https://www.census.gov/programs-surveys/decennial-census/
    decade/2020/planning-management/process/data-quality.html#metrics) in a
    number of ways, including comparing the results to population estimates
    , (https://www.census.gov/programs-surveys/popest.html) the Post-
    Enumeration Survey , (https://www.census.gov/programs-surveys/
    decennial-census/about/coverage-measurement/pes.html) and Demographic
    Analysis . (https://www.census.gov/programs-surveys/decennial-census/
    about/coverage-measurement/da.html).
        As for the quality associated with the Census Bureau's use of
    differential privacy for the 2020 Census, the disclosure-avoidance
    error introduced is minimal compared to other known sources of error
    (https://www.census.gov/library/fact-sheets/2022/variability.html) in
    census counts because of operational and coverage issues. This means
    the local population counts and demographic information--often used to
    draw congressional districts and for other purposes-- are better
    protected, as well as fit for their intended use. The method used for
    protecting data in the 2020 Census is a more sophisticated and precise
    mechanism for injecting noise into published statistics than the
    swapping mechanism used in prior censuses.

        Question 6. Stakeholders, and in particular data users, have
    consistently raised concerns about the need to improve the American
    Community Survey (ACS). For example, the Census Project, an independent
    organization, published a report in March 2022, on the ACS. The report
    not only reinforces the ACS as the primary source of information
    regarding our nation's changing demographic and socio-economic
    characteristics for data users in the public, private, and non- profit
    sectors, but also raises awareness about the survey's challenges. Among
    other things, the report asks Congress and the administration to
    provide additional resources that could be used to enhance the survey's
    sample size (which has not occurred since 2011), strengthen its content
    by revising and adding questions, and improve the survey's response
    rate, which has fallen over 20 percent since 2017. What actions is the
    Department taking to support the Census Bureau so it can address
    challenges facing the ACS.

        Answer. The Department of Commerce supports the Census Bureau in
    its efforts to continue to modernize and improve the ACS data
    collection operations. The Census Bureau met with The Census Project
    staff to understand the suggestions in the report. The Census Bureau is
    evaluating the suggestions and formulating priorities for future
    research and implementation. The Census Bureau continually evolves its
    survey operations to balance the needs of individual respondents with
    the need for impactful data in our communities. The Census Bureau will
    keep improving by using a multipronged approach, focusing on:

      --Enhancing respondent mail materials.
      --Employing alternative data sources, such as administrative records.
      --Modifying the modes and design of the ACS.
      --Understanding the survey experience from the perspective of our
            respondents.
      --Improving group quarters data collection and products.

        The Census Bureau explores new research and experimentation with
    ACS protocols while still meeting the multi-tiered demands of survey
    operations. The Census Bureau is continually building on exhaustive
    research to improve the ACS. The Census Bureau's Agility in Action
    series (https://www.census.gov/programs-surveys/acs/operations-and-
    administration/agility-in-action.html) provides more information on the
    research agenda.

        Question 7. Nearly 700 billion dollars are distributed annually in
    states based on population estimates. Over the next 5 years, what
    changes to the population estimates program and American Community
    Survey are being planned, researched, tested, or implemented? How are
    these changes or potential changes being evaluated by data users? How
    will outside stakeholders and researchers be included in these
    improvement plans or changes? What funding is designated to ensure that
    the Census Bureau has the staffing needed to undertake these plans and
    conduct meaningful engagement with outside parties?

        Answer. The Population Estimates Program (PEP) regularly engages in
    research designed to improve the annual estimates. Research tasks are
    determined each year based on priorities identified during the previous
    vintage of estimates and available resources. Over the next 5 years,
    research on potential improvements to the estimates base will be
    prioritized. To assist with this work, the Census Bureau has formed the
    Base Evaluation and Research Team (BERT), internal experts researching
    the feasibility of taking coverage measures from the Demographic
    Analysis and Post-Enumeration Survey into account in the development of
    the official population estimates. BERT consists of subject-matter
    experts in the areas of population estimates, age and sex statistics,
    coverage measurement, race and ethnicity, demography, and disclosure
    avoidance. The team is taking a phased approach to the research,
    beginning with an analysis of 2020 Census data and coverage measures.
    Ultimately, the team will make recommendations to the PEP regarding the
    incorporation of additional 2020 Census data or coverage adjustments
    into the population estimates base. Any proposed changes will be
    thoroughly tested and subject to rigorous review to determine whether
    the change produces plausible estimates across all demographic
    subgroups and geographies. Proposed changes will also be vetted with
    advisory groups and other stakeholders. Should changes be successfully
    incorporated into the estimates base, the population estimates
    developed from that base will also be used by the American Community
    Survey (ACS) and the Puerto Rico Community Survey as survey controls so
    that the population totals from the survey conform to the updated
    population estimates.
        The ACS program is actively investigating and enacting options for
    survey enhancements, as well as making research-based changes to how
    the program operates and engages with respondents. To ensure better
    data, the Census Bureau tests new and modified questions for the ACS
    approximately every 5 years to ensure the survey stays relevant as
    society changes and Federal agency data needs evolve. Starting in
    September 2022, the Census Bureau will begin the field test to gauge
    how new and modified questions perform. A variety of quality metrics
    will be used to determine which wording is best understood and produces
    the most accurate data. Ultimately, the results of the 2022 Content
    Test will determine the recommended revisions to questions and new
    questions to be included. Recommended changes will be submitted to OMB
    for approval and inclusion in the ACS in 2025. These results allow the
    survey to remain dynamic and responsive, capture our nation's trends,
    and meet Federal data needs. Additional future research includes plans
    to improve messaging, expand monitoring of near real-time operational
    and survey data, improve statistical methodology, and adjust the in-
    person contact strategy. The Census Bureau publishes research plans for
    the ACS on a regular basis in our Agility in Action report series:
    https://www.census.gov/programs-surveys/acs/operations-and-
    administration/agility-in-action.html.
    How are these changes or potential changes being evaluated by data
            users?
        Answer. At this time, research conducted by the Base Evaluation and
    Research Team (BERT) is in a preliminary phase. Therefore, no specific
    changes have been proposed. BERT will prioritize transparency and
    stakeholder engagement throughout the research process and plans to
    offer webinars to data users regarding proposed changes.
        Proposed changes to ACS content follow an established process that
    includes scientific review and consultation with the Office of
    Management and Budget (OMB) and the Interagency Council for Statistical
    Policy (ICSP) Subcommittee for the ACS. Final question wording must be
    vetted by the ICSP Subcommittee and OMB before field testing as well as
    prior to implementing in the survey. Through Federal Register Notices
    the public (including data users) are given an opportunity to provide
    feedback on proposed changes. The ACS program also periodically
    conducts data user surveys in order to collect feedback on ACS data
    products and services.
    How will outside stakeholders and researchers be included in these
            improvement plans or changes?
        Answer. The Base Evaluation and Research Team will prioritize
    stakeholder engagement via briefings and webinars to a variety of
    groups including the Federal-State Cooperative for Population
    Estimates, Census Bureau advisory committees, and others. These
    presentations will include the status of the research and any proposed
    changes to the development of the estimates base.
        For the ACS Content Test, the Census Bureau, in coordination with
    the Office of Management and Budget Interagency Committee for the ACS,
    solicited proposals for question changes or additions from over twenty
    Federal agencies. The ACS program communicates continuously with
    stakeholders through Federal Register Notices, presentations, webinars,
    e-mail communications, and the online ACS data user community (https://
    acsdatacommunity.prb.org). The Census Bureau has also worked closely
    with the National Academy of Sciences and other external experts to
    inform ACS research.
    What funding is designated to ensure that the Census Bureau has the
            staffing needed to undertake these plans and conduct meaningful
            engagement with outside parties?
        Answer. The ACS program dedicates funds within its annual
    allocation to support ACS research and communications. The ACS
    program's engagement with stakeholders and external experts is
    supported with the current funding levels for the program.
        Question 8. The Census Bureau does not produce estimates of
    accuracy--i.e., undercounts and overcounts--for areas below the state
    level. Nevertheless, we know from independent analyses, as well as the
    national estimates of accuracy, that any number of cities, counties,
    towns, and Tribal areas were undercounted in the 2020 Census. If the
    census numbers are wrong, then annual population estimates--which are
    used to allocate Federal assistance to states, localities, individuals,
    and families--can be skewed for the next 10 years.
        Unfortunately, in the last decade, the opportunity for local and
    Tribal governments to challenge their annual numbers was very limited.
    Congress is considering support for additional funding for the Census
    Bureau's Population Estimates Program, to expand the role of state and
    local governments in improving the accuracy of their annual population
    estimates through an expanded Population Estimates Challenge Program--
    which allows local and tribal governments to challenge their annual
    population estimates within 90 days of release of the estimates each
    spring. What steps will you take to help strengthen the critical
    population estimates program?

        Answer. The Census Bureau has formed the Base Evaluation and
    Research Team (BERT), a group of internal experts tasked with
    researching the feasibility of taking coverage measures from the
    Demographic Analysis and Post-Enumeration Survey into account in the
    development of the official population estimates. Furthermore, both the
    BERT and PEP will create opportunities for stakeholder engagement via
    briefings and webinars to a variety of groups including the Federal-
    State Cooperative for Population Estimates, Census advisory committees,
    and others to ensure external feedback which could potentially
    strengthen the program may be received and evaluated.
        Question 9. Users of the Survey of Income and Program Participation
    (SIPP) have communicated how important the survey has been,
    particularly as the economy emerges from the COVID-19 pandemic, for
    analyzing the impact of government assistance programs on families and
    communities. Despite its value as a unique resource, it has been
    largely flat funded by the Census Bureau in recent years, rendering the
    agency unable to enhance the survey's sample size, address decreasing
    response rates, and improve the survey's content, among other necessary
    upgrades. What does the Census Bureau view as the most pressing
    challenges facing SIPP? How much does the Department estimate it would
    cost for the Bureau to pursue necessary changes to the SIPP?
        Answer. The Survey of Income and Program Participation (SIPP) is
    the primary source for data that can help policy makers understand the
    sub-annual dynamics of program eligibility and receipt in the context
    of the family and individual economic and demographic situation, for
    example, to measure the needs and change in participation in nutrition
    programs, such as the Supplemental Nutrition Assistance Program (SNAP)
    and the Special Supplemental Nutrition Program for Women, Infants, and
    Children (WIC) and how those needs change for families across time.
        SIPP faces many challenges including managing data quality in a
    period of increasing nonresponse, hiring and retaining qualified
    interviewers, and evolving to meet these challenges and leverage
    enterprise technological changes. Developing a multi-mode framework for
    SIPP is essential to meet respondents with the collection modes they
    are most comfortable with and reserving the most expensive methods for
    the hardest to reach cases. While the development of a multi-mode
    framework is important, it is only in the discussion phase, and this
    framework has not been decided.
        The fiscal year 2023 President's Budget proposes $47 million for
    SIPP, which would enable the collection and production of SIPP data for
    a sample of 35,000 households.

        Question 10. What planning and testing is underway to prevent
    quality issues in decennial program products (like the 2020 files,
    American Community Survey, and population estimates) from reoccurring?
    What is the plan for research and testing for the 2030 census?

        Answer. Included in our current research agenda for the 2030 Census
    are numerous projects to increase quality such as improved
    communications, messaging, and advertising, expanded use of
    administrative records, further tailoring of contact strategies, and
    near real-time analysis of data. Achieving a complete and accurate
    census continues to be a primary goal with objectives of ensuring all
    living quarters are associated with an address and accurate response
    data are obtained for all identified living quarters.
        For the American Community Survey (ACS), research is underway to
    incorporate the use of administrative records in the ACS. The use of
    administrative records can improve quality of the published data. The
    Census Bureau is also conducting a content test this fall (2022) to
    ensure the questions on the ACS are up --to date and reflect the needs
    of the nation. Future research includes plans to improve messaging,
    expand monitoring of near real-time operational and survey data,
    improve statistical methodology, and adjust the in-person contact
    strategy. The Census Bureau publishes research plans for the ACS on a
    regular basis in our Agility in Action report series: (https://
    www.census.gov/programs-surveys/acs/operations-and-administration/
    agility-in-action.html.)
        To potentially address quality issues from the 2020 Census that may
    be carried forward throughout the decade via the official population
    estimates (which build off decennial data in the estimates base), the
    Census Bureau has formed the Base Evaluation and Research Team (BERT).
    The team is researching the feasibility of taking coverage measures
    from the Demographic Analysis and Post-Enumeration Survey into account
    in the development of the official population estimates. BERT consists
    of subject-matter experts in the areas of population estimates, age and
    sex statistics, coverage measurement, race and ethnicity, demography,
    and disclosure avoidance. The team is taking a phased approach to the
    research, beginning with an analysis of 2020 Census data and coverage
    measures. Presently, the Population Estimates Program (PEP) only
    includes limited data from the 2020 Census in the estimates base from
    which the annual population estimates are developed. Ultimately, the
    BERT will make recommendations to the PEP regarding the incorporation
    of additional 2020 Census data or coverage adjustments into the
    population estimates base. Any proposed changes will be thoroughly
    tested and subject to rigorous review to determine whether the change
    produces plausible estimates across all demographic subgroups and
    geographies.
        The 2030 Census is currently in the design selection phase. This
    phase includes research, testing, and operational planning and design
    work to inform the selection of the initial 2030 Census operational
    design, targeted for late 2024. This work will factor in past census
    experiences, evolving technology, and stakeholder feedback. The Census
    Bureau's research agenda includes numerous projects to explore
    enhancements to data collection (including group quarters), data
    processing, operational infrastructure, and expanded use of
    administrative records.
        For the 2030 Census, for the first time, the public can formally
    give input on planning and designing the next census. Your comments and
    recommendations are key for planning and designing the next census.
        As announced in a Federal Register Notice posted August 17, 2022,
    everyone is encouraged to provide input now through November 15, 2022.
    We will use this input to inform the Census Bureau's decisions on the
    2030 Census operational design.
        Following the design selection phase, the program will move to the
    development and integration phase to conduct rigorous testing and to
    prepare for peak production.

        Question 11. The Census Bureau's Ask U.S. Panel project aims to
    create a probability-based online research panel using a cooperative
    agreement with a private entity. Please explain the relationship
    between the Ask U.S. Panel, the High Frequency Data Program, and the
    Pulse Surveys. How does the Bureau distinguish between these various
    projects? In what ways are they interconnected?

        Answer. The Pulse Surveys--the Household Pulse Survey (HPS) and the
    Small Business Pulse Survey (SBPS)--were conceived in March 2020, to
    produce near real-time data on the ways in which American households
    and small businesses were experiencing the social and economic
    disruptions brought on by the Covid-19 pandemic.
        The High Frequency Data Program evolved out of a recognition that
    the Pulse Surveys had value beyond the pandemic. The High Frequency
    Data Program was established in fiscal year 2021, and now serves as the
    programmatic framework for the Census Bureau to mature the Household
    Pulse Survey and the Business Trends and Outlook Survey (formerly, the
    Small Business Pulse Survey), and support them as ongoing Census Bureau
    data products.
        The Ask U.S. Panel was initiated in 2019 as a research project
    within the Census Bureau's Research and Methodology Directorate via a
    cooperative agreement with RTI, International . The objective of the
    project was to identify a better way to recruit study participants for
    Census Bureau studies and improve representativeness of research
    outcomes.
    How does the Bureau distinguish between these various projects? In what
            ways are they interconnected?
        Answer. Please see Answer 11-A above with respect to the
    distinctions among these projects. With regard to their interconnected
    nature, data from the Small Business Pulse Survey (SBPS) and the
    Household Pulse Survey (HPS) were quickly embraced by a diverse range
    of data users, and it became clear that pulse data had value beyond the
    pandemic. With support from Congress in fiscal year 2021, the Census
    Bureau established a High Frequency Data Program with the goal of
    maturing its ability to produce ongoing timely data products. The pulse
    surveys are strategically managed at the Census Bureau within this High
    Frequency Data Program framework. Over time, the research on the Ask
    U.S. Panel suggested that the concept of a panel had potential beyond
    the research activities for which Ask U.S. was originally designed, and
    a panel developed internally by the Census Bureau--building on
    methodologies used on Ask U.S. and expanding to leverage existing
    Census Bureau data sources--could serve to improve the current design
    of the HPS. Building on the early research associated with the Ask U.S.
    Panel, the Census Bureau recognizes the potential for developing a new
    panel, rigorously developed and maintained using high- quality Title 13
    data resources to ensure representativeness of the U.S. population, may
    have value beyond research. As additional program areas and agencies
    became interested in the idea of using a panel for rapid measurement,
    the Census Bureau recognized that such a panel could provide a
    foundation for the production of official statistics.

        Question 12. A recent Federal Register notice from the Department
    of Commerce indicates the Ask U.S. Panel is an interagency effort with
    representatives from Census, the Economic Research Service, the Bureau
    of Labor Statistics, the National Center for Health Statistics, the
    National Center for Science and Engineering Statistics, the National
    Center for Education Statistics, the Department of Defense, Department
    of Transportation, Department of Labor, and the Social Security
    Administration. Please explain how the interagency effort is
    structured. Are the agencies providing financial support for the Ask
    U.S. Panel? How much research will each agency receive?
        Answer. The Economic Research Service, the Bureau of Labor
    Statistics, the National Center for Health Statistics, the National
    Center for Science and Engineering Statistics, the National Center for
    Education Statistics, the Department of Defense, Department of
    Transportation, Department of Labor, the Social Security
    Administration, and the Office of Management and Budget have all
    contributed to the methodological conversation about the concept and
    value of a panel developed and maintained by the Census Bureau.
    Further, agencies that contributed financially to the Ask U.S. Panel
    Pilot project include the Economic Research Service, the Food and
    Nutrition Service, the National Center for Health Statistics, the
    National Center for Education Statistics, Department of Transportation,
    Department of Labor, and the Social Security Administration.
        As set forth in the Interagency Agreements (IAAs) between the
    Census Bureau and each of these agencies, each contributing agency
    provides input on key sampling domains of interest and topical surveys/
    research questions for implementation in the Pilot Study. These
    agreements entitle the funding agencies to contribute up to 5 questions
    to the baseline survey and the initial topical survey. Lastly, the
    Department of Defense has a separate IAA to recruit additional
    subsamples of active-duty military and military spouses for a
    specialized pilot baseline and topical survey.

                                     ______

                 Questions Submitted by Senator Lisa Murkowski
        Question 1. Broadband  The Senator greatly appreciates the
    Secretary's time and attention to the unique needs of Alaska with
    respect to broadband deployment. The NTIA's goal of ``Internet for
    all'' is extremely laudable and was a big driver for the Senator to
    support of the IIJA. As you can understand, the Senator is extremely
    interested in the specifics of the BEAD program roll out. If you could
    please review and provide responses to these questions, we would
    greatly appreciate it.
        The BEAD allocation to states relies on the broadband serviceable
    location fabric identifying all structures where a broadband connection
    can be installed in each state, and which structures are unserved.
    Alaska does not have the same mapping data which the fabric relies on
    as the Lower 48 states. Review of the preview version of the fabric has
    revealed missing data for significant regions of Alaska.

              A.  How are NTIA and the FCC ensuring that the fabric will be
            accurate for Alaska?

        Answer. The IIJA directs the Assistant Secretary, in coordination
    with the Commission, to allocate BEAD funds amongst the states once the
    broadband DATA maps are made public. I agree that accurate mapping--
    including the mapping fabric--is vital, and that the FCC's challenge
    processes--both for the fabric and for provider data submitted in
    conjunction with the new Broadband Data Collection--are critical to
    improving their accuracy. With respect to your specific questions about
    the fabric and CostQuest, I must defer to our colleagues at the FCC.

              B.  What additional data has CostQuest identified to fill in
            the missing data for Alaska?

        Answer. See response above.

              C.  If additional data for additional surveying, such as
            aerial mapping, is needed to create an accurate fabric for
            Alaska, how will NTIA and the FCC ensure the fabric is accurate
            before allocations are made?

        Answer. See response above.

        Question 2. The BEAD program sets aside a significant amount of
    funding for ``high cost areas'' to help bridge the digital divide. As
    you know, there is no place more ``high cost'' than Alaska. The statute
    includes factors to be taken into consideration in determining what
    areas qualify, including remoteness, lack of population density, and
    unique topography--all of which especially describe Alaska. The statute
    also gives the Assistant Secretary discretion to rely on ``any other
    factor'' in determining which areas are ``high cost'' in a state and
    therefore eligible to receive additional resources. Alaska has
    historically come up short exactly because we are so high cost. This
    set aside is an opportunity to direct resources to those areas of the
    country with the highest costs to build and provide service.

              A.  How are the Department and NTIA thinking about this high
            cost set aside as it relates to Alaska?

        Answer. NTIA staff are actively developing the definition of
    ``high-cost area,'' but I cannot at this time predict when NTIA will
    release its guidance on that issue. We are working with each Eligible
    Entity, including the State of Alaska, to identify and help to resolve
    the unique issues that each Eligible Entity faces, and we maintain a
    close working relationship with key stakeholders and experts in Alaska.
    The Assistant Secretary will soon be visiting your state to get an on-
    the-ground view of the challenges facing bringing high-speed Internet
    to all Alaskans.

              B.  What assurances can you give that the Department and NTIA
            are committed to ensuring that Alaska gets the sizable
            resources needed to connect every Alaskan with affordable
            broadband service?

        Answer. See response above.

        Question 3. In the BEAD NOFO on Page 15, Section C (Definitions),
    Subsection U (Reliable Broadband Service), it states, ``The term
    ``Reliable Broadband Service'' means broadband service that the
    Broadband DATA Maps show is accessible to a location via: (i) fiber-
    optic technology; (ii) Cable Modem/Hybrid fiber-coaxial technology;
    (iii) digital subscriber line (DSL) technology; or (iv) terrestrial
    fixed wireless technology utilizing entirely licensed spectrum or using
    a hybrid of licensed and unlicensed spectrum.''

              A.  Are these the only technologies considered to provide
            ``reliable broadband service''? For example, is satellite not
            considered Reliable Broadband Service? In some instances in
            Alaska, it may be the only viable option.

        Answer. For the purposes of the BEAD Program, locations served
    exclusively by satellite do not meet the criteria for Reliable
    Broadband Service and so will be considered ``unserved.'' The
    Infrastructure Act defines ``reliable broadband service'' as
    ``broadband service that meets performance criteria for service
    availability, adaptability to changing end-user requirements, length of
    serviceable life, or other criteria, other than upload and download
    speeds, as determined by the Assistant Secretary in coordination with
    the FCC.'' IIJA Sec. 60102(a)(L). For the purposes of this definition,
    the Assistant Secretary adopts the criteria that Reliable Broadband
    Service must be (1) a fixed broadband service that (2) is available
    with a high degree of certainty, (3) both at present and for the
    foreseeable future, and finds, after coordination with the FCC, that
    the definition of Reliable Broadband Service set forth in the BEAD NOFO
    best meets those criteria.
        With that said, the BEAD Program is designed to give each state
    significant flexibility to develop a fair, open, and competitive
    processes for selecting subgrantees. If no Reliable Broadband Service
    technology meeting the BEAD Program's technical requirements would be
    deployable for a subsidy of less than a state's Extremely High Cost Per
    Location Threshold at a given location, the state is authorized to
    select a proposal involving a less costly technology for that location,
    even if that technology does not meet the definition of Reliable
    Broadband Service but otherwise satisfies the Program's technical
    requirements. We expect there will be no small number of locations or
    sets of locations that exceed the ``Extremely High Cost Per Location
    Threshold,'' especially in Alaska.

        Question 1. Climate Science and Research/Fisheries Disasters
        In Alaska, Secretary Raimondo approved a backlog of 14 fisheries
    disasters from 2018 to 2021. Iconic rivers like the Yukon and Kuskokwim
    are seeing depleted Chinook and chum runs that freezers and drying
    racks empty. Every speaker at the Alaska delegation's salmon roundtable
    agreed upon the need for better and more accessible science as we see
    impacts to fisheries from the warm water blobs in the Gulf of Alaska,
    the shrinking of the Bering Sea cold pool, and stock migrations into
    colder waters.

              A.  The Department of Commerce plays a critical role in
            preparing our nation for the impacts of climate change through
            NOAA's science and research projects. We cannot adapt and
            Congress cannot make informed decisions without reliable
            information. How much funding does NOAA plan to allocate 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. NOAA's fiscal year 2023 President's Budget request includes
    an increase of $261.5M above fiscal year 2022 Enacted to support an
    earth system approach to enhance NOAA's authoritative climate products
    and services. NOAA's work directly impacts communities across the
    Nation and around the globe, from supporting climate-resilient
    communities and climate- ready fisheries to improving forecasts and
    response to climate-related natural disasters.
        The request includes an additional $23.3M in NMFS and $10.0M in
    OAR, above fiscal year 2022 Enacted, to support the NOAA Climate-
    Ecosystem-Fisheries Initiative (CEFI). This initiative directly
    supports NOAA's goals to achieve a climate ready nation, and NMFS'
    efforts to deliver climate products and services to help sustain the
    nation's valuable living marine resources, and the many businesses and
    communities that depend on them. The CEFI will build a national ocean/
    ecosystem prediction and decision support system to support climate-
    informed fisheries management, protected species conservation, and
    adaptation of resource-dependent sectors and communities.
        Through CEFI, NMFS will provide direct support for climate
    resilience and adaptation in Alaska, the Arctic and other regions in
    three ways--providing climate-informed assessments and management
    advice to decision makers ($10.0M), maintaining and enhancing survey
    operations that are impacted due to climate change ($3.3M), and
    bolstering support to state and tribes for their efforts to improve
    climate resilience through the Species Recovery Grants Program
    ($10.0M). OAR's request would support down-scaling global climate
    models to regional scales to project climate impacts on key species and
    ecosystems. This is a first step for the CEFI, which, with additional
    funding, could provide improved understanding of climate changes in
    Alaskan waters. These fiscal year 2023 budget requests are essential to
    building the CEFI system needed to support climate-informed decision
    making.
        The fiscal year 2023 President's Budget also includes several OAR
    initiatives to improve climate observations and research that will
    benefit Alaska and the Arctic. This includes an additional $16.1M for
    Sustained Atmospheric Observations, which would create an independent,
    transparent evaluation of greenhouse gas (GHG) emissions and provide a
    robust understanding of the allowable cumulative GHG emissions to limit
    global warming. Additionally, the $9 million requested for Providing
    Climate Projections out to 2050 to inform Risk Management would develop
    standardized and accessible climate projections with society-relevant
    data delivery services to improve the equity of climate risk
    information.
        Lastly, the fiscal year 2023 President's Budget request includes $6
    million for OAR's Arctic Research activities. Overall, OAR investments
    in Alaskan and Arctic sustained observations and monitoring of ocean,
    climate, and marine ecosystems will continue to establish baseline
    conditions of the region through long-term moorings in the Bering and
    Chukchi Sea, the state-wide Climate Reference Network, and Barrow
    Atmospheric Baseline Observatory. These observations support improved
    modeling and forecasting of ocean, climate, and ecosystems that provide
    essential services to communities, partners, and decision-makers.
    Continued investments in new observing technologies and capabilities to
    overcome the extreme Arctic environment will hone our understanding of
    sea-ice, ocean climate, and marine ecosystem changes, and are needed to
    realize the full potential of new blue economic opportunities in Alaska
    and the Arctic.
        Advancing these efforts will directly support production, delivery
    and use of the climate related information needed to support resilience
    and adaptation to changing climate and marine ecosystems in Alaska.
    Specifically, to address climate change in Alaska and the Arctic, NOAA
    Fisheries would improve marine ecosystem monitoring (including humans)
    and better support predictive capacity to inform management and marine
    resource users (commercial and coastal communities). Monitoring would
    include consistent support for shipboard oceanographic, fisheries, and
    marine mammal observations on the U.S. Arctic shelf in the Bering,
    Chukchi, and Beaufort Seas. These observations would support the Alaska
    Climate Integrated Modeling project and the Climate Ecosystem Fisheries
    Initiative to forecast climate change impacts on fish, shellfish,
    marine mammals, fisheries, and fishery dependent communities in the
    Bering Sea.

                                     ______

                  Questions Submitted by Senator John Kennedy
        Question 1.
    Preface:
      --In 2014, the National Marine Fisheries Service (NMFS) selected 500
            (approx. 1/3 of the fleet) Gulf of Mexico Shrimp Permit owners
            using a stratified random sampling method to participate in the
            Cellular Electronic Logbook (cELB) Program.
      --The fiscal year 22 omnibus appropriation bill directed NMFS, in
            consultation with the Gulf of Mexico Fishery Management Council
            and shrimp industry stakeholders, to continue the development
            and implementation of the cELB.
      --The cELB collects spatial patterns of fishing efforts for
            scientific research under NMFS, it requires cost sharing
            between NMFS and the shrimp fleet.
      --In December 2020 the 3G network used for cELBs was phased out. To
            supplement the data collection, the shrimping industry provided
            funding to develop a pilot program using P-Sea WindPlot, an
            alternative technology.

        Given that the shrimp industry and the Council have already
    invested almost $1 million to develop a new scientific data collection
    system, based on the widely-used P-Sea WindPlot navigation system, in
    the wake of 3G going off line, can you commit NMFS to using the new
    technology rather than more expensive alternatives that many smaller
    shrimp boats cannot afford?

        Answer. The Gulf of Mexico Fishery Management Council is currently
    exploring two options for the new Gulf shrimp data collection system,
    and funded a pilot study to test the ability of the P-Sea WindPlot
    system to be used in concert with one of those options to meet fishery
    science and management objectives. That pilot study, along with another
    being conducted by NMFS Southeast Fisheries Science Center, is expected
    to be complete in early 2023, after which time the Council will
    identify its preferred path forward. Shrimpers in the Gulf of Mexico
    may have different needs and expenses that are dependent on other Gulf
    permits held by a vessel, and those associated permit reporting
    requirements, as well as the electronic equipment currently available
    on a vessel. To meet the regulatory requirement to report shrimp
    effort, the varied needs of Gulf shrimpers, and allow for flexibility,
    NMFS will be approving specifications for the Council's preferred new
    Gulf shrimp data collection system, which could then be met by multiple
    vendors and products. NMFS will support use of the P-Sea Windplot
    navigation system as one of several products available to shrimp
    fishermen if it is able to meet those specifications.

        Question 2.
    Preface:
      --On April 13, 2021, disaster struck Gulf Coast families when a 129-
            foot commercial lift boat, the SEACOR Power, capsized in the
            Gulf of Mexico. Six crewmembers were recovered alive, six were
            found dead, and seven remain unaccounted for.
      --The capsizing of the SEACOR Power is the worst disaster to strike
            the Gulf Coast since the Deepwater Horizon blowout in 2010.
      --For days, numerous volunteers, including the Cajun Navy, scoured
            the skies and seas in an effort to locate missing crewmembers.
      --Volunteers intended to use trawling nets to assist in recovery
            searches but encountered strong opposition from NOAA related to
            Federal regulations concerning sea turtles. Volunteers using
            their own shrimp boats wanted to temporarily tie their Turtle
            Excluder Devices (TED) for targeted recovery operations, but
            were unable to due to Federal red tape.
      --Volunteers were given the costly and time-wasting options of either
            removing the TEDs entirely or replacing the nets with expensive
            alternatives.
      --NOAA claims the National Marine Fisheries Service does not have the
            authority to waive TED regulations when lives are at stake. The
            NMFS has prosecutorial discretion over charging those that
            violate TED regulations, and, the Secretary of Commerce can
            override their decision.

        I understand this issue predates your time as Secretary, can you
    ensure a similar situation will be prevented in the future? If so, why
    wasn't this discretion utilized to allow volunteers to search for
    bodies in the ocean and give closure to these devastated families?

        Answer. Shortly following the Seacor lift boat accident, NOAA
    Fisheries reviewed our regulatory authority to issue TED exemptions and
    determined our authority is limited to responding to certain
    environmental conditions or enabling experimentation to improve TED
    efficacy. The regulatory authority to grant these exceptions is at 50
    CFR 223.206(d)(3) and 50 CFR 223.207(e)(2). 50 CFR 223.206(d)(3)
    authorizes NOAA Fisheries to allow compliance with tow- time
    restrictions in lieu of TED requirements if the agency's Assistant
    Administrator determines the presence of algae, seaweed, debris, or
    other special environmental conditions in a particular area makes
    trawling with TED-equipped nets impracticable. 50 CFR 223.207(e)(2)
    authorizes NOAA Fisheries to issue permits exempting from TED
    requirements public or private experimentation aimed at improving the
    shrimp retention efficiency of approved TEDs, developing new TEDs, or
    conducting fishery research.
        In both of those situations, the exemption process did not apply
    and, even if it could be used, would have taken longer (one to several
    weeks) than NOAA Fisheries' proposed solution. NOAA Fisheries instead
    proposed that the trawls could be modified to no longer be considered
    shrimp trawls under the regulatory definitions, by removing the TED and
    bag end used for shrimping and replacing it with a bag end constructed
    of 4" or greater mesh. The 4" or greater mesh webbing is readily
    available at net shops, and in many cases may already be owned by the
    trawl fishers. Webbing of that size mesh is used for a variety of
    purposes, including chafing gear on TEDs and for bag ends when some
    shrimp trawlers seasonally convert their gear for fish trawling.
    Removal of the TED and bag end, construction of a simple bag end made
    of 4" or greater mesh, and attachment to the trawl can be completed in
    1-2 hours or less.
    Therefore:
      --In the unfortunate event that a similar situation occurs in the
            future, the solution proposed by NOAA Fisheries would be the
            quickest and most efficient means of allowing the trawl fishers
            to tow their trawls as part of recovery operations.
      --When investigating allegations of violations, NOAA Fisheries
            gathers evidence of mitigating and aggravating factors that
            contributed to the violation. While it is correct that NOAA's
            Office of General Counsel (OGC) has prosecutorial discretion
            over charging those that violate TED regulations, such
            discretion typically comes into play after a violation has been
            detected and mitigating factors, if any, can be evaluated by
            OGC.

        Question 4.
    Preface:
        Secretary Raimondo, NOAA has predicted a higher-than normal
    hurricane season with a forecast for 19 named storms, nine reaching
    hurricane status and four to become major hurricanes. Many of these
    communities are in my state along the coast continue to struggle to
    recover from past storms, most of which are economically disadvantaged
    and racially diverse.

              A.  How do you justify a budget that claims to promote
            diversity and equity and calls for billions of new dollars in
            spending, yet doesn't expand our capacity to better predict
            hurricane track and intensity? Several of NOAA's key hurricane
            buoys in the Gulf of Mexico are inoperable and after Congress
            provided $35 million in supplemental funds for NOAA to improve
            in part, hurricane intensity forecasting, including through
            deployment of unmanned ocean observing platforms. Why are you
            failing to use the supplemental funds Congress provided, with
            explicit direction, protect the lives of diverse communities in
            Louisiana?

        Answer. NOAA appreciates Congress' support from the fiscal year
    2022 Disaster Relief Supplemental Act (DRSA) and is eager to realize
    improvements to its hurricane track and intensity prediction
    capabilities. Funding from DRSA includes $35 million for NOAA to
    improve hurricane intensity and track forecasting and precipitation and
    flood prediction, forecasting, and mitigation capabilities. Upon
    Congressional approval of NOAA's DRSA Spend Plan in February 2022, NOAA
    has moved aggressively to execute these funds, which supports our work
    to protect lives and property.
        This funding will benefit diverse coastal communities, including in
    Louisiana, by allowing NOAA to accelerate implementation of the
    Hurricane Forecast Improvement Project (HFIP), make advancements to the
    Hurricane Analysis and Forecasting System (HAFS), improve risk
    communications for vulnerable populations, increase ocean observations
    including with uncrewed observing platforms, advance ocean/air data
    assimilation, develop a new hurricane testbed, and enhance
    precipitation prediction and storm surge forecasting. It also includes
    funding for the repair and replacement of damaged NOAA and partner
    assets in Louisiana and funding for additional response and improvement
    efforts that will support the greater Gulf of Mexico region. DRSA did
    not cover NOAA hurricane buoy repairs in Louisiana, however, NOAA has
    scheduled servicing for the 2 buoy outages in the Gulf of Mexico and is
    working with the U.S. Coast Guard to execute repairs on those weather
    buoys by the end of August.
        NOAA is dedicating approximately $1 million in DSRA funding for the
    repair and replacement of damaged NOAA and partner assets in Louisiana.
    The DSRA also provides $9 million for additional response and
    improvement efforts including mapping, charting and geodesy services
    for Louisiana and Texas; ocean observation activities for improving
    hurricane intensity forecasts and data assimilation improvements.
        NOAA is working with Saildrone to deploy two remotely-controlled
    saildrones in the Gulf of Mexico supported by DRSA funds during the
    2022 hurricane season. Overall, NOAA will be deploying seven saildrones
    for hurricane research in the Atlantic Ocean/Caribbean Ocean/Gulf of
    Mexico for the 2022 hurricane season as compared to the five that were
    deployed in the Atlantic Ocean/Caribbean Ocean only in 2021. These will
    be deployed on a research basis to understand how the collection of
    ocean and atmospheric measurements can improve our representation of
    air/sea processes in forecast models.
        In addition, there are currently four NOAA ocean gliders operating
    in the Gulf of Mexico. These gliders collect subsurface ocean
    observations to improve hurricane intensity forecasts. Further, NOAA
    supports an array of profiling floats and drifting buoys in the Gulf of
    Mexico that provide data year-round, including during critical periods
    like hurricane seasons. Deployment of additional observing platforms in
    the Gulf of Mexico will be greater in 2023 through the integrated field
    campaign funded by DRSA.

                                     ______

                  Questions Submitted by Senator Bill Hagerty
        Question 1. The Census is one of the most important functions of
    your Department and a basic institution of government required by the
    Constitution. During your hearing you seemed to agree that Congress and
    the American people deserve transparency regarding how the Census is
    conducted that allows for meaningful oversight of the methods and
    assumptions used, is that correct?

        Answer. Yes, I do agree. As I said in the hearing, I set the tone
    at the top of the Commerce Department that the Census Bureau should be
    fact-based, data-based, science-based, and statistical-based. More
    transparency is always better.

        Question 2. In finalizing the 2020 Census, the Census Bureau used a
    methodology called ``group quarters imputation'' to estimate the number
    of people living in certain group housing facilities like prisons,
    nursing homes, and college dorms. As such, part of the final Census
    count reflects people actually counted in the field, and part reflects
    Bureau guesswork about how many people live in certain locations.
    Shouldn't the Census Bureau publicly disclose how much of the 2020
    Census count resulted from actual evidence-based counting in the field,
    and how much of the count resulted from guesswork and assumptions, in
    order to provide transparency and allow for oversight?

        Answer. Count imputation is a statistically valid method of
    population counting that has been employed by the Census for decades
    and was upheld by the Supreme Court in Utah v. Evans in 2002. It is
    universally accepted in the demographic research community that
    imputation improves the accuracy of the population count. At the end of
    data collection for group quarters (GQs), the Census Bureau realized
    many GQs had not provided the necessary information indicating their
    occupancy status or population count. To address this issue, the Census
    Bureau assembled the GQ count imputation (GQCI) team to remove
    reporting errors from GQs and, when possible, to apply a count
    imputation procedure when valid responses from occupied GQs were not
    available. Among all GQs in the census, the Census Bureau applied GQCI
    to about 2 percent. Similarly, among all people enumerated in the
    census at GQs, about 2 percent were derived through GQCI. For those
    people, the Census
    Bureau imputed all their characteristics in the characteristic
    imputation operation as part of the creation of the Census Edited File.
    More information on the procedure can be found in a brief summary
    memorandum. (https://www2.census.gov/programs-surveys/decennial/2020/
    program-management/memo-series/2020-memo-2022_08.
    pdf).
        The Census Bureau is assessing the GQCI operation and will release
    a memorandum this fall providing, among other information, rates of
    GQCI by states and separately by major types of GQs. Additionally, on
    May 28, 2021, the Census Bureau released additional quality metrics
    (https://www.census.gov/newsroom/press-
    releases/2021/additional-2020-quality-metrics.html) for housing units
    looking at how census operations obtained a response for each address.
    The Census Bureau released the percentage of occupied housing units in
    each state that were enumerated by self-response, in nonresponse
    follow-up with household members and proxies, by using administrative
    records, by ``other enumerations,'' and by count imputation. The
    results are available in this downloadable table (https://
    www2.census.gov/
    programs-surveys/decennial/2020/data/operational-quality-metrics/
    census-
    operational-quality-metrics-release_2.xlsx). In Tennessee, for example,
    77 percent of occupied housing units self-responded, and 21 percent
    were counted by nonresponse follow-up. Less than 0.5 percent were
    enumerated by count imputation.

        Question 3. There have been suggestions that releasing information
    regarding the evidence- based counting numbers and the imputed numbers
    might somehow compromise the personal information provided by Census
    respondents. Can you explain how releasing statewide totals of people
    actually counted in each state, compared to people guessed or assumed
    to live in each state, would compromise privacy?

        Answer. The Census Bureau is charged with safeguarding the
    confidentiality of census information. Pursuant to that responsibility,
    the Census Bureau has, for decades, employed disclosure avoidance
    techniques to defend against the release of any ``publication whereby
    the data furnished by any particular establishment or individual ...
    can be identified.'' 13 U.S.C. Sec. 9(a)(2). And the Census Bureau has
    assiduously avoided disclosing information ``reported by, or on behalf
    of, any particular respondent.'' Id. Sec. 8(b). But computer technology
    and processing power have grown exponentially in recent years,
    substantially increasing the risk of reconstruction and
    reidentification attacks on census data. The Census Bureau has kept
    pace (and tried to stay a step ahead) by developing ever-more
    sophisticated disclosure avoidance systems to protect the
    confidentiality of census information. Still, as with any information
    security system, if the system's foundation is undermined, the
    information being secured is rendered vulnerable.

        Question 4. Another method the Census Bureau used in finalizing the
    2020 Census was what it calls ``differential privacy,'' which
    essentially involves the Bureau purposefully injecting erroneous data
    into the reported data for the supposed purpose of shielding personal
    information. For example, 10 people live in Census Block 1, and 40
    people live in Census Block 2, the Bureau may report these numbers as
    20 people in Census Block 1 and 30 people in Census Block 2--and change
    the demographic data, too--to supposedly make it harder to reverse
    engineer any personal information. This means the local population
    counts and demographic information--often used to draw congressional
    districts and for other purposes--are purposefully inaccurate. In
    addition to the other assumptions and adjustments made to the evidence-
    based count, this further obscures the real data. In your view, is it
    problematic that, because of this ``differential privacy'' method the
    Census doesn't provide accurate information regarding local populations
    and demographics?

        Answer. The Census Bureau has employed many methods to protect
    respondent confidentiality over the decades. The 2010 Census was
    protected using a method called ``data swapping'', where sensitive
    records (e.g., a household with unique characteristics relative to
    those around them) in one geography were swapped with records from a
    household in a nearby geography. That is, the Census Bureau
    ``perturbed'' the data in 2010 and previous censuses to protect
    respondent confidentiality. In reviewing available methods to protect
    the 2020 Census, the Census Bureau concluded that statistical noise
    calibrated with differential privacy was the best tool currently
    available to ensure adequate privacy protection while maximizing data
    quality. Balancing statistical accuracy and the confidentiality of
    census data has long been at the core of the Census Bureau's work.
    Protecting the confidentiality of respondents' information is both a
    legal requirement under 13 U.S. Code Sec. Sec. 8(b) and 9, and an
    operational necessity if the agency is to maintain the public's trust
    that the Census Bureau will properly safeguard the information it
    provides. Consequently, the Census Bureau has long relied on a variety
    of statistical techniques to protect confidentiality and reduce
    disclosure risk in the data products it releases to the public.
        Over the years, as disclosure risks have increased because of
    advances in computing power and the growing availability of external
    data sources that could be used to reidentify census respondents from
    published tabulations (https://www.census.gov/data/academy/webinars/
    2021/disclosure-avoidance-series/simulated-reconstruction-abetted-re-
    identification-attack-on-the-2010-census.html), the Census Bureau has
    adapted and improved its disclosure avoidance methods (https://
    www.census.gov/content/dam/Census/library/factsheets/2021/comparing-
    differential-privacy-with-older-disclosure-avoidance-methods.pdf) to
    keep pace with these growing threats. For the 1970 and 1980 censuses,
    the Census Bureau suppressed data for small areas and small
    populations. For the 1990 through 2010 censuses, the Census Bureau
    injected ``noise'' (statistical error) into published tabulations
    through a process called ``swapping.'' The Census Bureau's use of
    differential privacy for the 2020 Census is a more sophisticated and
    precise mechanism for injecting noise into published statistics than
    the swapping mechanism used in prior censuses. The error introduced
    into 2020 Census publications by the 2020 Census Disclosure Avoidance
    System is necessary to protect against reidentification, and this
    disclosure-avoidance error is trivial compared to other known sources
    of error (https://www.census.gov/library/fact-sheets/2022/
    variability.html) in census counts because of operational and coverage
    issues. This means the local population counts and demographic
    information--often used to draw congressional districts and for other
    purposes--are better protected as well as fit for their intended use.

        Question 5. Census Bureau employees are the only people with any
    visibility into the real numbers and how they are being changed using
    guesswork. And they won't share their methods and assumptions because
    they say it will compromise them. So there's no way to oversee these
    methods and assumptions. With an important constitutional function like
    this, shouldn't the Census Bureau have to disclose its counting
    assumptions and modifications to the actual evidence-based count to
    allow for meaningful oversight?

        Answer. The Census Bureau is always ready to prepare briefings and
    informational materials for any Congressional oversight requests. For
    the 2020 Census, we spearheaded a 2020 Census Congressional Partnership
    Initiative through which Census Bureau staff met with Members of
    Congress and their staff from nearly 400 congressional offices in
    Washington, DC. Field-based congressional partnership specialists
    arranged hundreds of events involving congressional state/district
    offices. We also arranged weekly briefings on major 2020 Census
    operations for appropriations and oversight staff and periodic
    briefings to which all Congressional staff were invited in addition to
    the 2020 Census Program Management Reviews.
        In addition, before the Census Bureau publishes any statistic, it
    applies safeguards that help prevent someone from being able to trace
    that statistic back to a specific respondent. The 2020 Census is using
    a powerful privacy protection system known in scientific circles as
    ``differential privacy,'' designed specifically for the digital age.
    The Census Bureau is transitioning to this privacy protection system to
    keep pace with emerging threats in today's digital world. As part of
    this transition, the Census Bureau began releasing demonstration
    products in 2019 and requesting public feedback. These demonstration
    products allow the public to see the level of ``noise'' that is being
    added by the disclosure avoidance methodology through the creation of a
    2010 Census data set protected using the new disclosure avoidance
    methodology. The public is then able to compare the demonstration data
    product to publicly released 2010 Census data to evaluate the
    differences. See the Demographic and Housing Characteristics File (DHC)
    Development and Production Timeline (https://www2.census.gov/programs-
    surveys/decennial/2020/program-management/DHC%20Timeline) for more
    information. Additionally, the Census Bureau hosted a second public
    workshop with CNSTAT on June 21-22, 2022, to provide opportunities for
    data users who rely on more detailed sociodemographic data to assess
    and provide feedback on the suitability of the most recent DHC
    demonstration data product. (The first public workshop was held in
    December 2019.) These data user analyses and feedback will help inform
    Disclosure Avoidance System improvements for the next round of
    demonstration data, scheduled for release in August 2022, and
    ultimately inform final decisions on the 2020 Census DHC production
    settings. It is important to note that the Census Bureau's transparency
    regarding the implementation of improved data protection methods is
    unprecedented. Historically, the impacts of the agency's
    confidentiality protections on published data products have largely
    been opaque to data users.
        In keeping with its commitment to transparency, the Census Bureau
    has undertaken a series of unprecedented quality reviews early in the
    data release process. This includes enlisting outside experts to
    independently evaluate the results, as well as providing frequent
    updates through a blog series and through the 2020 Census Data Quality
    (https://www.census.gov/programs-surveys/decennial-census/decade/2020/
    planning-management/process/data-quality.html) webpage. The Census
    Bureau works with multiple oversight entities, such as the Government
    Accountability Office and the Department of Commerce's Office of
    Inspector General, as well as engages with respected members of the
    scientific and statistical community to conduct independent assessments
    of the 2020 Census. These entities extensively and carefully review the
    methods and processes the Census Bureau uses to produce the counts,
    disclosure edits, etc., to ensure the results are meeting goals and
    statistical standards. The experts are from three groups--National
    Academies of Sciences, Engineering and Medicine (NASEM) Committee on
    National Statistics, American Statistical Association Quality
    Indicators Task Force, and JASON (an independent scientific advisory
    group)--and all three have produced census quality reports. For
    example, the NAS Panel to Evaluate the Quality of the 2020 Census
    produced, ``Understanding the Quality of the 2020 Census, (https://
    nap.nationalacademies.org/read/26529/chapter/1)'' the ASA Task Force
    produced, ``2020 Census Quality Indicators, (https://www.amstat.org/
    asa/files/pdfs/POL-2020CensusQualityIndicators.pdf)'' and JASON
    produced, ``Assessment of 2020 Census Data Quality Processes. (https://
    www2.census.gov/programs-surveys/decennial/2020/program-management/
    planning-docs/2020-census-data-quality-processes.pdf).''

        Question 6. In March, 18 of my Senate colleagues and I sent
    President Biden a letter expressing our serious concerns with the
    record increases in fertilizer prices that are impacting American
    farmers. Since, unfortunately, the situation in Ukraine has only
    exacerbated the problem. Since January 2021, according to the most
    decent data from USDA' Marketing Services, the prices of key fertilizer
    sources have substantially increased. Can you provide me an update as
    to what actions your Department has taken to reduce the cost of sky
    rocketing prices?

        Answer. We at the Commerce Department continue to be very concerned
    about the Russian invasion of Ukraine and its many unfortunate
    humanitarian, security, and economic consequences. We are maintaining
    open communications with the fertilizer industry and sharing their
    perspectives with Administration leadership and interagency
    counterparts to address this situation.

        Question 7. I understand that your Department has a role in the
    U.S. Geological Survey's (USGS) designation of critical mineral.
    Potash, a key mineral for fertilizer production, has historically been
    designated a critical mineral by USGS, but has been removed. Will you
    commit to working with the Department of Interior to restore potash as
    a critical mineral?

        Answer. The Commerce Department, along with other United States
    government agencies, is a member of the White House Office of Science
    and Technology Policy's National Science and Technology Council
    Critical Minerals Subcommittee (CMS). In February 2022, the Department
    of the Interior announced the revision of the critical minerals list,
    noting that Interior's U.S. Geological Survey (USGS) developed it using
    ``the most up-to-date scientific methods to evaluate mineral
    criticality''. According to USGS, ``[T]he 2022 list of critical
    minerals is based on a methodology developed over several years with
    leadership by the USGS and interagency input coordinated by the CMS.
    The USGS published the new methodology in 2020 and this methodology was
    used to create the draft list and update it in 2021-2022.'' Commerce
    would refer you to USGS for any further information.

        Question 8. Liquefied Natural Gas (LNG) is a major input cost for
    fertilizer production. Have you spoken directly with Secretary
    Granholm, the White House, or any other Cabinet official about the
    impact record LNG prices are having on the cost of fertilizer
    production? Are there any plans underway to change regulatory policy
    and stymie the Biden Administration in a manner that could be expected
    to lower LNG prices?

        Answer. The Administration has taken actions to address the
    disruptions to the global supply chains for fertilizer due to Putin's
    unjustified invasion of the Ukraine, In May, President Biden announced
    that USDA was doubling funding for domestic fertilizer production from
    an initial $250 million investment to $500 million. This action should
    help lower costs and boost availability for farmers, so they can obtain
    the inputs they need at prices they can afford to maximize yields.

        Question 9. On July 11, 2021, Congressman Michael McCaul and I
    wrote to urge you to add Yangtze Memory Technologies Company (YMTC) to
    the Entity List. YMTC is China's state- owned national champion for
    memory chips, with ties to the CCP military. Unfortunately, since then,
    our dependence has continued to grow on Chinese companies like YMTC
    with clear ties to the Party-state and military that are threats to our
    national security. Witness Apple's recent disturbing decision to
    consider relying, in part, on YMTC chips for its phones. My colleagues
    and I are now finalizing bipartisan legislation that aims to preserve a
    secure chip and memory supply for the United States. Your executive
    power could greatly facilitate achieving this goal. Why have you not
    yet added YMTC to the Entity List?

        Answer. The Bureau of Industry and Security (BIS) shares your
    concerns about efforts by the People's Republic of China (PRC)
    government and PRC companies to threaten U.S. national security and
    foreign policy interests. A core objective of BIS is to impair the
    PRC's goal of parity in leading- edge semiconductor technology. BIS
    continually assesses available open-source, proprietary, and classified
    information, in coordination with our interagency partners, for the
    addition of other Chinese parties to the Entity List, all while
    ensuring U.S. technological leadership. Since the start of the Biden
    Administration, BIS has placed over 100 PRC parties on the Entity List
    and maintains nearly 600 PRC parties on the Entity List to date. While
    the Entity List is a powerful tool, it is not the only tool BIS
    possesses to address activities that threaten our national security and
    foreign policy interests. BIS uses ``Is Informed'' letters--letters to
    individual companies informing them of additional license requirements
    related to specific parties and/or items--and imposes additional
    license requirements because of end-use or end-user concerns, such as
    unacceptable risk in or diversion to weapons of mass destruction (WMD)
    programs in certain countries. BIS also aggressively pursues criminal
    and civil penalties related to unauthorized exports to China, and
    investigations are carried out by law enforcement officers whose
    mission is to investigate such violations and pursue them criminally
    and administratively.
        Under the Export Administration Regulations (EAR), all additions to
    the Entity List are subject to an interagency review process and
    require a majority vote of the End-User Review Committee (ERC), which
    is chaired by the Department of Commerce, with representation from the
    Departments of State, Defense, Energy, and where appropriate, Treasury.
    The ERC determines whether the entity has been involved in, is involved
    in, or poses a significant risk of being or becoming involved in
    activities that are contrary to the national security or foreign policy
    interests of the United States.
        BIS welcomes the opportunity to provide technical assistance on any
    draft legislation upon request.

        Question 10. You have been a vocal advocate for increasing U.S.
    semiconductor manufacturing. I'm also very supportive of increasing
    American chip manufacturing, which will create American jobs and
    bolster our national security interests vis-`-vis China. In March, you
    noted that twenty years ago we made nearly 40 percent of the world's
    chips, and now we make only 12 percent. You noted that we buy 90
    percent of our most sophisticated chips from Taiwan--the same Taiwan
    that China has its sights set on. Is that kind of dependency a
    significant vulnerability for American national and economic security?

        Answer. Yes. American dependency on chips manufactured abroad is
    absolutely a significant vulnerability for national and economic
    security. I applaud the members of Congress who worked hard to get the
    CHIPS and Science Act to President Biden's desk. My staff have hit the
    ground running to operationalize this historic investment in America's
    global economic leadership and to shore up these vulnerabilities.

        Question 11. The United States continues to lead the world in chip
    design, software, and equipment, so it seems the problem is that it has
    become too costly or uncertain for chip manufacturers to locate in the
    United States. Chip manufacturers have told me that this problem cannot
    be solved with dollars alone--as proposed by the CHIPS Act Congress is
    now considering. Even well-funded projects cannot be completed if they
    are tied up with multi-year permitting processes. In fact, our
    permitting process is one of the reasons manufacturers chose to
    relocate in places like Taiwan in the first place. Given the dire need
    to encourage chip manufacturing in the U.S., do you agree that,
    conceptually, it makes sense to allow chip manufacturers to utilize an
    existing Federal program that improves the Federal permitting process
    if it helps speed up domestic chip manufacturing projects?

        Answer. I was pleased to support your bill (S. 3451) to add
    semiconductor facilities to the existing FAST-41 process. Lengthy
    permitting processes cannot delay the impact of this historic
    investment in American semiconductor manufacturing.

        Question 12: Do you support legislation, which has been approved
    unanimously by the U.S. Senate (S. 3451), to utilize existing Federal
    programs to streamline the Federal permitting process an bring chip
    manufacturing back to the U.S.?

        Answer. Yes. I supported S. 3451, and I am pleased that the bill
    became law.

        Question 13. Will you work with my office/staff to convey the
    benefits/push for legislation in the House, etc.?

        Answer. As per the Energy Act of 2020, at least every 3 years the
    Department of the Interior must review and update the list of critical
    minerals. We refer you to USGS, which is a part of Interior, for
    further information on its plans for the next revision.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. The subcommittee now stands in recess,
    subject to the call of the Chair.
        Senator Shaheen. Thank you.
        Senator Shaheen. Thank you.
        [Whereupon, at 3:29 p.m., Wednesday, May 11, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2023

                                  ----------

                            WEDNESDAY, MAY 25, 2022

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

        The subcommittee met at 2:00 p.m., in room SR-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair) presiding.
        Present: Senators Shaheen, Leahy, Moran, Collins, Graham,
    Boozman, Moore Capito, Kennedy, Hagerty, and Braun.

                        FEDERAL BUREAU OF INVESTIGATION

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. The Subcommittee on Commerce, Justice,
    Science, and Related Agencies, will now come to order.
        Good afternoon, everyone. Welcome to today's hearing, to
    review the President's fiscal year 2023 funding request for the
    Federal Bureau of Investigation.
        Our witness today is FBI Director, Christopher Wray.
    Director Wray it is very nice to have you before the Committee
    again.
        I must admit, however, that I rewrote my opening statement
    for today's hearing, based on the tragic events in Texas. But I
    want to begin by recognizing the more than 36,000 employees of
    the FBI who protect our country from violent criminals,
    terrorists, and others who would mean us great harm. And I want
    to thank everyone at the FBI for their dedication and service
    to the country.
        The FBI remains on standby to jump into action to assist
    their State, local, and Tribal partners with investigating
    criminal activity. And the most recent example of this was
    assisting in the horrific aftermath of the shooting at Robb
    Elementary School in Uvalde, Texas, yesterday, a shooting that
    has so far claimed 21 lives, 19 of them children.
        As a mother and grandmother I can only--really I can't
    begin to imagine the pain that these families are going
    through. I want to thank the FBI for sending the agents in and
    other key staff so quickly, to what I know has been a very
    difficult crime scene.
        I understand that the FBI has also made Victim Specialists
    available as part of the response, and I hope they are able to
    remain in this community as long as they are needed. And if
    this Committee can provide resources to help make that happen,
    please let us know.
        I know that we don't know yet what motivated this killer. I
    do know that several of our colleagues have already called for
    better mental health screening, from enforcing laws that keep
    guns out of the hands of felons, and for hardening schools.
        I would agree with all of those recommendations, but I also
    think Congress needs to act to strengthen background checks,
    and to stop allowing the sale of weapons of war.
        As, my colleague, Senator Murphy rightly pointed out
    yesterday, mental illness is not unique to the United States,
    but the devastating rate of gun violence is. We can't accept
    this status quo, the lives of Americans, of our children depend
    on Congress being willing to enact meaningful policies to
    address the scope of this crisis and to keep people safe.
        Weapons of war enable mass shootings like the one at Robb
    Elementary, where we don't know the motive. And others like the
    shooting at Tops market, where we know the motive all too well.
    People who are simply going about their everyday lives, whether
    it is attending religious services in Pittsburg, in Charleston,
    shopping at Walmart in El Paso, dancing at a night club in
    Orlando, or getting groceries in Buffalo. They were all
    murdered by individuals motivated by hate.
        The FBI's budget request of $10.8 billion includes
    additional resources for combating domestic terrorism, and mass
    violence. We have discussed this topic before here, in this
    Committee, yet again, and again, we have witnessed White
    supremacist targeting others based on their gender, sexual
    orientation, or faith.
        Now, we are fortunate that technological progress has given
    us advances in medicine, science, and manufacturing, as well as
    improving the ease of how we can communicate with others. But
    unfortunately, new technologies have also allowed the rapid
    spread of hate, conspiracy theories, and disinformation to
    wider audience, and they have allowed those with extremist
    views to find a community. I hesitate to call it a
    ``community'', because I think of community as something
    positive. To find others who share those extremist views.
        While we should be able to freely express our ideas, it
    should not come at the expense of someone's life or wellbeing.
    We clearly need to find better solutions and actions to stem
    future violence, and I know that the FBI will be part of those
    solutions.
        Just as the FBI rapidly responds to crisis situations, I
    believe Congress needs to also find a way to more quickly and
    appropriately respond to the issue of mass violence, including
    those committed with firearms and domestic terrorism.
        I am certainly ready to work on common-sense legislation
    that I think the majority of Americans can support, and I am
    sure that many of my colleagues on this Committee who will join
    me as well.
        So, Director Wray, I look forward to your testimony, and to
    the discussion today.
        With that, I would like to recognize the CJS Subcommittee
    Vice Chair, Senator Moran, for his opening remarks.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chairman Shaheen, thank you very much, thank
    you for convening this hearing.
        Director Wray, welcome back to the subcommittee.
        I, too, before considering the budget request, would like
    to make a brief word on yesterday's senseless act of violence
    that stole the lives of nineteen children and two teachers.
        My wife and I have had this conversation. It is
    heartbreaking. The murder of these innocent children is
    horrific. In a small town, tight-knit community like Uvalde, it
    is the size of a town I grew up in, I know there will not be a
    single member of the community who is not touched by this
    tragedy.
        Director Wray, I am confident that you will bring the full
    investigative powers of the FBI to bear, in determining the
    motives, the warnings, and how, and why. I am also confident
    there will be an introspection, examining whether all laws,
    NICS Section policies were properly followed, and we await your
    findings.
        The FBI is requesting $10.7 billion for salaries and
    expenses in 2023. That amount is 605 million, or 6 percent
    above the fiscal year 2022 enacted. But as we have demonstrated
    in Texas, and in Buffalo, and nearly every city across the
    country violent crime, including murders, assault and robberies
    is on the rise.
        I can give this Committee statistics, percentages on the
    rise of crime, but no one here, especially after yesterday's
    tragic shooting, doubts that violent crime is a growing problem
    in our country. We have also seen a dramatic increase in
    violent attacks on law enforcement officers.
        This is a matter that I know, you, Director Wray, care
    about deeply. I have seen it in your conversations, I have
    heard it in your testimony. I experience it on our telephone
    all yesterday, and I appreciate your efforts, your care, and
    concern, and your efforts to raise awareness about the violent
    crime occurring across our country.
        While I note the Bureau is working to keep us safe here at
    home, we also face ever-evolving threats from foreign
    adversaries as well. I recognize your job is really endless,
    you know, there is never enough that can be done. You have
    repeatedly warned that nothing presents a broader, more severe
    threat to our ideas, our innovation, and our economic security
    than the Chinese Government.
        I understand that as of January of this year, the FBI is
    investigating more than 2,000 cases of Chinese Government
    trying to steal our information in technology, and the FBI is
    opening a new counterintelligence case every 12 hours.
        I am interested to learn about the FBI's efforts to address
    cyber crime, and ransomware. The Bureau made transformational
    changes after 9/11, and these changes help keep our nation safe
    from acts of terrorism.
        Today, changes of a similar magnitude may be needed to
    combat cyber threats, including threats from both criminal
    organizations, and state actors.
        I appreciated your comments to the students of the
    University of Kansas when we were there together this past
    March, where you emphasized how important it will be for them
    to bring their talents to the frontline of the cybersecurity
    workforce.
        Director Wray, I look forward to hearing today about the
    Bureau's budget, your budget request. And I hope to be able to
    help you and the FBI address all of the challenges that we face
    in this country, related to law enforcement. The challenges are
    tremendous, the ones that we saw, reminded of again yesterday,
    are at the forefront, that the world is a dangerous place,
    every place we turn.
        I welcome you to the Subcommittee, and I look forward to a
    somber and sober discussion of the circumstances we find
    ourselves in.
        Senator Shaheen. Thank you, Senator Moran. At this time the
    Chair of the Full Appropriations Committee, Senator Leahy would
    like to make a statement.

                   OPENING STATEMENT OF SENATOR PATRICK LEAHY

        Senator Leahy. Thank you, Chair Shaheen, and Vice Chair
    Moran for your comments.
        Director Wray, we have known each other for a number of
    years, and I will just tell you some of my concerns. Twenty-one
    victims; that is 21 families waking up this morning with broken
    hearts. Those of us who have had, whether we have had children
    or not, but those who have had children and grandchildren, we
    think 19 children, murdered.
        Gun violence is an epidemic. It can't be ignored, it can't
    be overstated, it can't be hidden behind the guise of an
    unassailable Second Amendment argument.
        And I don't want to politicize or overreact, I am just, I
    am angry, I am extremely angry that 19 more children, and two
    adults who were fighting to protect them have been murdered,
    murdered. Murdered!
        I am angry that today too many in Congress are just willing
    to accept these mass shootings as another breaking news story,
    as just another part of our daily lives. Oh, we are praying for
    the victims. Of course we are praying for the victims, but what
    the hell are we doing to stop further victims?
        I have owned firearms responsibly my entire life. I support
    a strong Second Amendment. I spent 8 years in law enforcement,
    but simple common sense and what should be our shared humanity,
    compel us to not simply quietly acknowledge the crisis. We all
    know that it is a crisis, but we need to do something about it.
        Nearly 10 years ago, a murderer took the lives of 26
    people, including 20 children, at Sandy Hook. I led the Senate
    Judiciary Committee's action to advance legislation to help
    address the epidemic of gun violence. And over 2 years ago, as
    then Vice Chairman of the Appropriations Committee, I worked to
    break through the years long refusal to provide the CDC and the
    NIH with resources to simply study the roots of gun violence.
        The gun lobby had blocked those resources for years, even
    just having a study of gun violence, but now we need more! And
    we have got to stop saying, well, next week, next month, next
    year, we have to do it now. How many more people will die
    before this country says, enough is enough? I will say it
    today. It is enough.
        So Director Wray, thank you for being here today, as the
    Director of the Federal Bureau of Investigation you have a
    critically important job. You have to protect our country from
    threats of terrorism, and crimes, both foreign and domestic,
    and, while you are doing it, you have to uphold the rights and
    values that make this a great democracy.
        I don't envy that task. I respect that task, but the
    heinous mass shooting in Buffalo, New York, earlier this month
    is a stark reminder that domestic terrorism is still very much
    present in the United States. It is also a somber reminder that
    the majority of domestic terrorism perpetrated against innocent
    Americans is driven by those espousing white supremacists and
    racist ideologies.
        Now, that is not a controversial statement, it is a simple
    fact. And that is what makes this moment so dangerous. When
    facts are distorted into untruths, and parroted by those with a
    pulpit to do so, we tread dangerously far from the core tenets
    of our democracy.
        If we can't clearly and unequivocally condemn the actions
    of white supremacists, or simply acknowledge the January 6,
    2021, attack on our Capitol for what it was, an insurrection,
    we fan the flames of hatred and violence, and we allow them to
    grow. It is alarming to me. It should be to every American. It
    is in my State of Vermont, whether you are Republicans, or
    Democrats, Independents, it is alarming.
        But I will also further highlight the importance of the
    work of the dedicated men and women of the Bureau, and your
    leadership there, Director Wray. Each year this Appropriations
    Committee wrestles with how best to dedicate valuable taxpayer
    dollars. Next week I am going to have binders about this thick
    at my home in Vermont where it is nice and quiet, reading
    through all these budget requests. But in exchange, of course,
    for the money, we said we expect the FBI to confront
    forcefully, head on, the threat of domestic terrorism. We
    expect you to faithfully and fully adhere to the rule of law to
    investigate whatever crime is committed, to work with the
    Department of Justice and State and local law enforcement to
    hold the perpetrators of any crime accountable.
        I stand ready to support you. But I also want you to
    respond when we have questions, either Republicans or
    Democrats, on this Committee.
        So I can say a lot more. I won't. I would rather hear the
    Director, Chair Shaheen. But thank you for the courtesy.
        Senator Shaheen. Thank you, Senator Leahy.
        Director Wray, the floor is yours.
    STATEMENT OF HON. CHRISTOPHER WRAY, DIRECTOR, FEDERAL
                BUREAU OF INVESTIGATION
        Mr. Wray. Well, thank you. Good afternoon, Chair Shaheen,
    Ranking Member Moran, Chair Leahy, Members of the Subcommittee.
        I know, of course, that we are here to talk about the FBI's
    budget, but like all of you, I want to begin with what is on
    everybody's hearts and minds.
        Yesterday we got the news that we all dread, including
    those of us in law enforcement, we do this work for the
    victims, both the actual victims, and the victims we are trying
    to prevent from being victims, and there is no category of
    victims that more motivates the men and women of law
    enforcement, including the men and women of the FBI, than
    children.
        And parents got calls yesterday that are too devastating to
    even fathom, and a community, really a whole Nation, was shaken
    by another horrific mass shooting, this time, once again, at an
    elementary school, full of young kids just days, days away from
    finishing their school year, and my heart goes out to the
    families of the victims, and to the entire community of Uvalde.
        I know that you are experiencing unimaginable pain and
    trauma, and the entire FBI family feels your heartbreak and
    stands with you.
        There will certainly be more that we are going to learn
    about this heinous attack in the days ahead, and I know the
    American people, and especially the people of Uvalde, are
    looking for answers. I do want to acknowledge the heroism of
    all law enforcement who responded immediately to the scene.
        For our part, the FBI will continue to work around the
    clock with the Texas Department of Public Safety and the Uvalde
    Police Department, and our other State, local, and Federal
    partners, to assist in any way we can. We are dedicating the
    full resources of the FBI San Antonio Field Office, and a whole
    host of other FBI divisions to helping the Texas DPS, and the
    Uvalde Police, who have the lead in the investigation.
        On top of that we are devoting significant national
    resources, including investigative and analytical resources, in
    evidence response, and laboratory personnel, Victim Services
    professionals to assist the families of the victims, crisis
    management and behavioral analysis units.
        So bottom line, we are absolutely heartbroken about
    yesterday's tragic events, and committed to doing our part to
    support our partners in the investigation and the community of
    Uvalde, as we begin to try to move forward.
        Of course the range of criminal cyber and
    counterintelligence threats we face as a Nation has never been
    greater, or more diverse, and the demands and expectations
    placed on the FBI have never been higher.
        And before I take your questions, I want to spend just a
    few minutes talking about the FBI's efforts in some of those
    areas, namely, our efforts to combat terrorism both domestic
    and international, and our efforts to help tackle the rise in
    violent crime.
        Unfortunately this tragedy, as well as the recent tragedy
    in Buffalo, and way too many before, reinforce what we in the
    FBI have been so concerned about for so long, and that is the
    threat of lone actors who look to attack regular, everyday
    people going about their regular, everyday lives. And in fact
    it is that threat that we continue to be most concerned about
    here in the homeland.
        And while it is too soon to be commenting on the motivation
    behind yesterday's tragedy, and I don't want to get out ahead
    of Texas DPS which has the lead on that, as the horrific attack
    a little over a week ago in Buffalo shows, we have got to
    continue to stay laser focused on our efforts to counter
    violence motivated by hate and extremism.
        Even on the international terrorism side we are seeing
    home-grown violent extremists, inspired by groups like ISIS,
    like al-Qaeda, acting alone or in small groups, and leaving
    fewer dots to connect, and less time in which to connect them,
    and countering fast-moving threats like these requires a team
    approach, so we have requested an enhancement not just for
    additional investigators but also support personnel to help us
    perform the important outreach, and partnership building that
    is so essential to countering this threat.
        The scourge of violent crime, of course, extends beyond
    mass shootings, and beyond crimes motivated by extremist
    ideology. In fact, rising violence is the number one concern I
    hear about from chiefs and sheriffs all across the country with
    whom I speak just about every week.
        With those partners we are leading hundreds of task forces
    to get the worst of the worst off the streets. We are sharing
    intelligence to focus our collective efforts, and we are
    providing technical resources and expertise to bring more
    violent criminals to justice.
        Last fiscal year those task forces focused on violent
    crime, made more than 17,000 arrests, seized more than 8,000
    illegally possessed firearms, and dismantled nearly 300 gangs
    and criminal enterprises across the country. And that is all
    separate and apart, and in addition to all of our Joint
    Terrorism Task Force work on the counterterrorism side,
    domestic terrorism, international terrorism.
        I should add that with this hearing falling 2 years to the
    day, after the murder of George Floyd, I do want to emphasize
    that we and our State and local partners are also focused on
    improving interactions between law enforcement and the
    communities we all serve, to ensure equal justice for all.
        Of course these are just a few of the threats we are
    tackling. The FBI's budget request this year reflects the
    breadth, depth, and complexity of those threats. In addition to
    the things I have already mentioned each and every day our
    folks are also dealing with an ever-expanding array of threats
    on the cyber front from ransomware, and the theft of trade
    secrets, and personal information, to malign and influence
    campaigns, to intrusions targeting our critical infrastructure.
        And that includes working with our private sector,
    government, and foreign partners to meet the danger from
    Russian cyber actors during this time of Russia's unprovoked
    aggression in the Ukraine.
        We are also taking on the Chinese Government's broad-scale
    economic espionage campaign that targets our innovation, our
    ideas, our economic security. And today, as we mark the 40th
    National Missing Children's Day, it is important to highlight
    the work of our 400 FBI personnel and nearly 800 additional
    officers who serve on our Child Exploitation and Human
    Trafficking Task Forces, that we have dedicated to
    investigating crimes against children, and to identifying and
    locating child victims.
        Our fellow citizens look to us to protect the United States
    from all those threats, and a whole bunch more, and I am proud
    to see the men and women of the FBI step up and rise to meet
    those challenges every day.
        I would like to again thank this subcommittee for all the
    support you have provided the men and women of the FBI over the
    years.
        And to the community of Uvalde, we will provide whatever
    resources we can, we will support you however we can, and we
    will stand with you in our thoughts, and our prayers.
        And thank you. I am happy to take your questions.

        [The statement follows:]
    Prepared Statement of Christopher A. Wray, Director, Federal Bureau of
                                 Investigation
        Good afternoon, Chairwoman Shaheen, Ranking Member Moran, and
    Members of the Subcommittee. Today, I appear before you on behalf of
    the men and women of the Federal Bureau of Investigation (``FBI''), who
    tackle some of the most complex threats every day with perseverance,
    professionalism, and integrity--sometimes at the greatest of costs. 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 President's fiscal year 2023 budget request for the
    FBI, 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 2023 budget overview
        The fiscal year 2023 budget request proposes a total of $10.8
    billion in direct budget authority to carry out the FBI's national
    security, intelligence, criminal law enforcement, and criminal justice
    services missions. The request includes a total of $10.7 billion for
    Salaries and Expenses, which will support 36,945 positions (13,616
    Special Agents, 3,287 Intelligence Analysts, and 20,042 professional
    staff), and $61.9 million for Construction. The request includes eleven
    program enhancements totaling $324.6 million. These enhancements are
    proposed to meet critical requirements and close gaps in operational
    capabilities, including $52.0 million to enhance cyber investigative
    capabilities, $48.8 million for additional personnel and tools to
    investigate and counter acts of mass violence and address threats to
    public safety, $34.1 million to mitigate threats from foreign
    intelligence services, $20.6 million to combat crime and corruption,
    $17.8 million to address the increase in civil rights investigations,
    $36.9 million to enhance the FBI's cybersecurity posture and protect
    internal networks, $25.0 million to address data analytics/technical
    tool development and technical surveillance, $27.4 million to support
    infrastructure needs related to the use of Body Worn Cameras, $39.4
    million for operations and maintenance of FBI-owned facilities, and
    $22.5 million to support the expansion of Federal jurisdiction for
    crimes committed on Tribal lands in response to the McGirt Supreme
    Court decision. When compared against the fiscal year 2022 President's
    Budget, the fiscal year 2023 request level represents a total increase
    of $527.8 million, all of which falls in the Salaries and Expenses
    account.
                           key threats and challenges
        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, to spread misinformation,
    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
    thwarting these threats and facing these challenges is greatly
    appreciated. That support is allowing us to establish strong
    capabilities and capacities to assess threats, share intelligence,
    leverage key technologies, and--in some respects, most importantly--
    hire 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
    Top Terrorism Threats
        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''), including 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.
    These Anti-Government/Anti-Authority Violent Extremists have
    specifically targeted law enforcement and the military as well as
    institutions or members of the U.S. Government.
        The number of FBI investigations of suspected domestic violent
    extremists has more than doubled since the spring of 2020. A few months
    ago, we marked the 1 year anniversary of the January 6 assault on the
    U.S. Capitol, which has led to unprecedented efforts by the Department
    of Justice, including the FBI, to investigate and hold accountable all
    who engaged in violence, destruction of property, and other criminal
    activity on that day. To date, the department has arrested and charged
    nearly 800 individuals who took part in the Capitol assault.
        The FBI uses all tools available at its disposal to combat domestic
    terrorism. These efforts represent a critical part of the first-ever
    National Strategy for Countering Domestic Terrorism, which was released
    in June 2021, and which sets forth, for the first time, a
    comprehensive, whole of government policy to address the many facets of
    the domestic terrorism threat.
        The FBI assesses HVEs are the greatest, most immediate
    international terrorism (``IT'') threat to the Homeland. As I have
    described, HVEs are people located 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 it.
        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, we assess that, in the near
    term, 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 fiscal year 2023
    Request includes an additional 208 positions (including 55 Special
    Agents, 18 Intelligence Analysts, and 135 professional staff) and $48.8
    million to counter terrorism and the increasing acts of domestic
    terrorism, including acts of mass violence and threats to public
    safety, occurring across the United States.
    Cyber
        Over the past 2 years, 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 these last 2 years, 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 few years,
    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 elections and threatening election officials
    after. As these adversaries become more sophisticated, we are
    increasingly concerned about our ability to detect and warn about
    specific cyber operations against U.S. organizations. One of the most
    worrisome facets is their focus on compromising U.S. critical
    infrastructure, especially during a crisis.
        What makes things more difficult is that there is no bright line
    where nation-state activity ends and cybercriminal activity begins.
    Some cybercriminals contract or sell services to nation-states; some
    nation-state actors moonlight as cybercriminals to fund personal
    activities; and nation-states are increasingly using tools typically
    used by criminal actors, like ransomware.
        So, 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
    cybercriminals 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 were once
    unsophisticated criminals now have 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 must make it harder and more painful for hackers and criminals
    to do what they are doing. The FBI, using its role as the lead Federal
    agency with law enforcement and intelligence responsibilities, works
    seamlessly with 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 seizure in April
    2022 of Hydra Market--the world's largest and longest-running darknet
    market. Hydra was an online criminal marketplace that enabled users in
    mainly Russian-speaking countries to buy and sell illicit goods and
    services, including illegal drugs, stolen financial information,
    fraudulent identification documents, and money laundering and mixing
    services, anonymously and outside the reach of law enforcement.
    Transactions on Hydra were conducted in cryptocurrency and Hydra's
    operators charged a commission for every transaction conducted on
    Hydra. In 2021, Hydra accounted for an estimated 80 percent of all
    darknet market-related cryptocurrency transactions, and since 2015, the
    marketplace has received approximately $5.2 billion in cryptocurrency.
    The seizure of the Hydra servers and cryptocurrency wallets containing
    $25 million worth of bitcoin was made in Germany by the German Federal
    Criminal Police (the Bundeskriminalamt), in coordination with the FBI
    and our other Federal partners in the Drug Enforcement Administration,
    the Internal Revenue Service, U.S. Postal Inspection Service, and
    Homeland Security Investigations. The FBI used sophisticated
    techniques, our unique legal authorities, and, most importantly, our
    worldwide partnerships to significantly disrupt this illegal
    marketplace.
        Last year, 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 issued 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 over 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 also provided thousands of
    individualized threat warnings and disseminated more than 100 public
    threat advisories by way of Joint Cybersecurity Advisories, FBI Liaison
    Alert System (``FLASH'') reports, Private Industry Notifications
    (``PINs''), and Public Service Announcements (``PSAs'')--many of which
    were jointly authored with other U.S. agencies and international
    partners.
        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. We are also committed to providing useful feedback and
    improving coordination 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 incidents--
    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
    2023 Request includes an additional 137 positions (including 38 Special
    Agents, 15 Intelligence Analysts, and 84 Professional Staff) and $52.0
    million to enhance cyber information-sharing abilities and increase
    cyber tools and capacities. The Request also includes 9 positions and
    $36.9 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 and debate. The FBI and our interagency
    partners remain concerned about, and focused on, foreign malign
    influence operations--which include subversive, undeclared, coercive,
    and criminal actions used by foreign governments 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 institutions and processes.
        Foreign malign influence is 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 malign 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 amplify
    existing stories on social media in an attempt to discredit U.S.
    individuals and institutions.
        The FBI is the lead Federal agency responsible for investigating
    foreign malign influence threats. Several years ago, we established the
    Foreign Influence Task Force (``FITF'') to identify and counteract
    foreign malign 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 malign
    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 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.
        The FBI will continue to investigate this threat leading up to the
    fiscal year 2022 mid-term election and will not stop working with our
    partners to impose costs on adversaries who have or are seeking to
    influence or interfere in our elections.
        In addition, the domestic CI environment is more complex than ever,
    posing a continuous threat to U.S. national security and its economy by
    targeting strategic technologies, industries, sectors, and critical
    infrastructures. Historically, asymmetric CI threats involved foreign
    intelligence service officers seeking U.S. Government and U.S.
    Intelligence Community information. The FBI has observed foreign
    adversaries employing a wide range of nontraditional collection
    techniques, including the use of human collectors not affiliated with
    intelligence services, foreign investment in critical U.S. sectors, and
    infiltration of U.S. supply chains. The FBI continues to adjust its CI
    priorities and posture to address the evolving and multifaceted threat.
        The fiscal year 2023 request includes an additional 88 positions
    (including 14 Special Agents, 35 Intelligence Analysts, and 39
    Professional Staff) and $34.1 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.
        Like 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 almost 600 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.
        Over the past year, the FBI's work in Indian Country 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'') would fall under Federal Indian Country
    jurisdiction, expanding the FBI's responsibility for investigating
    felony offenses committed by or victimizing a Tribal member. The
    principles of the McGirt decision also apply to the status of the
    Cherokee, Chickasaw, Choctaw, Seminole, and Quapaw Tribal territories
    in Oklahoma. Combined, all six 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 drastic 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 Indian Country 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. Since the Federal court ruling in the McGirt case, the
    FBI's Oklahoma City field office, which previously investigated
    approximately 50 criminal cases a year involving Native Americans, has
    managed thousands of Indian Country cases, prioritizing cases involving
    the most violent offenders who pose the most serious risk to the
    public.
        To effectively conduct these investigations, the FBI has conducted
    temporary duty (``TDY'') rotations of Special Agents, Intelligence
    Analysts, Victim 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 assist with 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. To support the U.S.
    Attorney's effective prosecution of these crimes, the FBI must have the
    capability to sustain an enhanced presence in FBI OC. As such, the
    fiscal year 2023 request includes an additional 76 positions (including
    45 Special Agents, 1 Intelligence Analyst, and 30 professional staff)
    and $22.5 million to support the surge in personnel. In addition, the
    fiscal year 2023 Request includes 15 positions (including 10 Special
    Agents and 5 professional staff) and $5.3 million to investigate
    violence against women, specifically missing or murdered indigenous
    persons in the U.S. The Request also includes $27.4 million to fulfill
    the Department of Justice's policy and launch a Body Worn Cameras
    program for FBI Special Agents across all FBI field offices.
    Transnational Organized Crime (``TOC'')
        More than a decade ago, organized crime was characterized by
    hierarchical organizations, or families, that exerted influence over
    criminal activities in neighborhoods, cities, or States. But organized
    crime has changed dramatically. Today, international criminal
    enterprises run multi-national, multi-billion-dollar schemes from start
    to finish. Modern-day criminal enterprises are flat, fluid networks
    with global reach. While still engaged in many of the ``traditional''
    organized crime activities of loan-sharking, extortion, and murder,
    modern criminal enterprises are targeting stock market fraud and
    manipulation, cyber-facilitated bank fraud and embezzlement, drug
    trafficking, identity theft, human trafficking, money laundering, alien
    smuggling, public corruption, weapons trafficking, extortion,
    kidnapping, and other illegal activities. TOC networks exploit
    legitimate institutions for critical financial and business services
    that enable the storage or transfer of illicit proceeds. Preventing and
    combating transnational organized crime demands a concentrated effort
    by the FBI and Federal, State, local, Tribal, and international
    partners.
        While the FBI continues to share intelligence about criminal groups
    with our partners and combines resources and expertise to gain a full
    understanding of each group, the threat of transnational crime remains
    a significant and growing threat to national and international security
    with implications for public safety, public health, democratic
    institutions, and economic stability across the globe. TOC groups
    increasingly exploit jurisdictional boundaries to conduct their
    criminal activities overseas. Furthermore, they are expanding their use
    of emerging technology to traffic illicit drugs and contraband across
    international borders and into the U.S. To combat these efforts, the
    FBI's fiscal year 2023 Request includes an additional 3 Special Agent
    positions and $5.5 million.
    Crimes Against Children and Human Trafficking
        It is unthinkable, but every year, thousands of children become
    victims of crimes, whether it is through kidnappings, violent attacks,
    sexual abuse, human trafficking, or online predators. The FBI is
    uniquely positioned to provide a rapid, proactive, and comprehensive
    response; identify, locate, and recover child victims; and strengthen
    relationships between the FBI and Federal, State, local, Tribal, and
    international law enforcement partners to identify, prioritize,
    investigate, and deter individuals and criminal networks from
    exploiting children.
        But the FBI's ability to learn about and investigate child sexual
    exploitation is being threatened by the spread of lawless spaces
    online. For example, currently, there are at least 30 child pornography
    sites operating openly and notoriously on the Darknet, including the
    Tor network. Some of these child pornography sites are exclusively
    dedicated to the sexual abuse of infants and toddlers. The sites often
    expand rapidly, with one site obtaining 200,000 new members within its
    first four weeks of operation.
        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, Innocent Images National Initiative, Operation
    Cross Country, Child Abduction Rapid Deployment Teams, Victim Services,
    80 Child Exploitation Task Forces, 53 International Violent Crimes
    Against Children Task Force Officers, as well as numerous community
    outreach programs to educate parents and children about safety measures
    they can follow.
        The FBI combats this pernicious crime problem through
    investigations such as Operation Pacifier, which targeted the
    administrators and users of a highly sophisticated, Tor- based global
    enterprise dedicated to the sexual exploitation of children. This
    multi-year operation has led to the arrest of over 348 individuals
    based in the United States, the prosecution of 25 American child
    pornography producers and 51 American hands-on abusers, the rescue or
    identification of 55 American children, the arrest of 548 international
    individuals, and the identification or rescue of 296 children abroad.
        Child Abduction Rapid Deployment Teams are ready response teams
    stationed across the country to quickly respond to abductions.
    Investigators bring to this issue the full array of forensic tools such
    as 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.
        In addition to programs to combat child exploitation, the FBI also
    focuses efforts to stop human trafficking--a modern form of slavery.
    The majority of human trafficking victims recovered during FBI
    investigations are United States citizens, but traffickers are
    opportunists who will exploit any victim with a vulnerability. Victims
    of human trafficking are subjected to forced labor or sex trafficking,
    and the FBI is working hard with its partners to combat both forms.
        The FBI works collaboratively with law enforcement partners to
    investigate and arrest human traffickers through Human Trafficking Task
    Forces nationwide. We take a victim- centered, trauma-informed approach
    to investigating these cases and strive to ensure 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.
        The FBI commends the committee's dedication to these efforts and
    appreciates the resources provided to combat these horrific acts. The
    fiscal year 2023 Request includes an additional 4 positions (2 Special
    Agents and 2 professional staff) and $6.1 million to develop
    sophisticated tools to combat technology that allows child sex
    offenders to operate on the Dark Web, shielded from law enforcement
    action.
    Civil Rights
        The FBI remains dedicated to protecting the cherished freedoms of
    all Americans. Civil rights crimes are among the most egregious
    violations of Federal law--they include color of law violations, hate
    crimes, Freedom of Access to Clinic Entrances (``FACE'') Act
    violations, and voter suppression. These crimes cause long-term,
    enduring damage to communities and economic infrastructure, compromise
    law enforcement and judicial system capabilities, and provoke
    widespread fear and trauma. We also support the work and cases of our
    local and State partners, as needed.
        The investigation of hate crimes is the number one priority within
    the FBI's civil rights program due to the devastating effect these
    types of crimes can have not just on the victims and their families,
    but also on entire communities. A hate crime is a criminal offense
    against a person or property motivated in whole or in part by the
    individual's bias against a race, religion, disability, ethnic/national
    origin, sexual orientation, gender, or gender identity. While the First
    Amendment to the Constitution allows for the free expression of both
    offensive and hateful speech, this protection does not extend to
    criminal acts, even those done to express an idea or belief. The First
    Amendment also does not protect someone who issues a true threat to
    inflict physical harm on individuals or groups, or who intentionally
    solicits others to commit unlawful acts of violence on his or her
    behalf. The FBI remains dedicated to investigating these types of
    crimes. In fact, the number of FBI hate crime investigations increased
    63 percent between fiscal year 2019 and fiscal year 2020.
        Beyond investigative work, the FBI recognizes proper and thorough
    handling of civil rights crimes does not begin the moment they are
    reported--it begins before they occur, with a solid and trusting
    relationship between the community and law enforcement. Each FBI field
    office will be taking specific actions to combat civil rights crimes in
    their area of responsibility (``AOR'') to encourage systemic change.
    These actions include identifying appropriate partner agencies and
    local groups to develop outreach relationships at all levels,
    especially those that will spark institutional change; increasing civil
    rights-focused working groups and task forces with State, local,
    private, public, and non-profit partners; and providing increased
    training for State and local agencies and community groups centered on
    color of law investigations and hate crimes statutes to provide
    education about civil rights violations, promote increased reporting of
    hate crimes, and rebuild community trust in law enforcement.
        Furthermore, we are focused on working with our State and local
    partners to collectively do a better job of tracking and reporting hate
    crime and color of law violations to fully understand what is happening
    in our communities and how to stop it. Our ability to address
    significant national issues, such as the use of force and officer-
    involved shootings and jurisdictional increases in violent crime,
    depends on fuller statistical understanding of the underlying facts and
    circumstances. Some jurisdictions fail to report hate crime statistics,
    while others claim there are no hate crimes in their community--a fact
    that would be welcome, if true. We are dedicated to working vigorously
    with our State and local counterparts in every jurisdiction to better
    track and report hate crimes, in an accurate, timely, and publicly
    transparent manner.
        The fiscal year 2023 request includes an additional 92 positions
    (including 33 Special Agents and 59 professional staff) and $17.8
    million to effectively address the recent increase in civil rights
    violations and proactively mitigate future incidents before they occur.
                 key cross-cutting capabilities and capacities
    Data Analytics and Technical Tools
        As criminal and terrorist threats become more diverse and
    dangerous, the role of technology becomes increasingly important to our
    efforts. We are using technology to improve the way we collect,
    analyze, and share information. We have seen significant improvement in
    capabilities and capacities over the past decade; but keeping pace with
    technology remains a key concern for the future.
        The volume of data collected during investigations continues to
    rapidly expand. For example, in the case of the 2017 Las Vegas
    shooting, the FBI recovered one petabyte of data. Insufficient network
    bandwidth and tools necessitated the need for 260 FBI personnel to work
    over 10 days to manually review 21,500 hours of video footage. These
    bandwidth and data challenges are not limited to major cases or large
    offices. It is not uncommon for FBI investigations to generate more
    than one terabyte of data per day, an amount that could normally take
    two days to transit FBI networks at current bandwidth levels. As a
    result, the FBI has made dedicated efforts to upgrade and transform its
    information technology platforms to meet the demands of current and
    future investigations. We have upgraded hundreds of circuits and have
    been able to significantly reduce the time it takes to send large data
    files. To keep pace in an era where investigations and analysis will
    increasingly be conducted at the petabyte scale, the FBI needs to
    continue to build networks that can move bulk data, modernize
    investigative data analysis, and reduce reliance on stand-alone, ad-hoc
    systems.
        In fiscal year 2019, this Committee was instrumental in helping the
    FBI begin an IT modernization effort that included investing in network
    infrastructure, core data management for advanced analytics, and
    cybersecurity. Through this initiative, we have made significant
    progress in reducing current IT limitations hindering operational
    capacity and diminishing substantial security risks. However, more must
    be done.
        FBI special agents and intelligence analysts need the best
    technological tools available to be responsive to the advanced and
    evolving threats that face our nation. Enterprise information
    technology must be designed so that it provides information to
    operational employees rather than forcing employees to conform to the
    tools available. IT equipment must be reliable and accessible, thus
    decreasing the time between information collection and dissemination.
    Therefore, the fiscal year 2023 Request includes an additional $17
    million to ensure the FBI is sufficiently investing in its enterprise
    infrastructure to access, manage, transport, protect, and evaluate
    information to ensure mission-essential intelligence is reaching FBI
    investigators and key partners in sufficient time to comprehensively
    and strategically address threats.
                                   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.
        Chair 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. Thank you very much, Director.
        Let me just announce at the beginning that we will have 5-
    minute questioning rounds. I will call on people in order of
    arrival, and all of the questioners will be in person, we will
    not have anyone on WebEx.
        I will begin the questions. And I know it is very recent,
    but are there any updates that you can give us from Uvalde for
    what we have found out about the shooter's motivation? I know
    the reports have been that he acted alone, as you pointed out,
    but is there any other information that you can share with this
    Committee?
        Mr. Wray. There is really, unfortunately, it is such a
    fluid situation right now, and I do really want to respect the
    fact that the Texas DPS has the lead on the investigation, so I
    don't want to get out in front of them right now. My experience
    teaches me that in these incidents the facts change as we
    understand them, often quite rapidly in the first few days.
        So with respect, there is not much I can add right now,
    beyond what has already been reported in the press.
        Senator Shaheen. You said in your testimony that one of the
    biggest threats is--and concerns is the threat of lone actors
    who attack people they don't know indiscriminately. Do we
    have--are there statistics over the years that show that there
    is been an increasing percentage of those kinds of crimes? And
    do we have any idea, any research into what is motivating those
    kinds of lone individuals?
        Mr. Wray. So on the first part, on the statistical side, I
    don't know that I could quote you statistics right here, but I
    can definitely tell you that we at the FBI, and I know I, from
    my first few months as FBI Director, have been highlighting
    this threat, the lone actors, or effectively lone actors using
    readily accessible weapons, attacking what is often referred to
    as soft targets, which are essentially, as I said in my
    opening, regular, everyday people wherever they are doing their
    lives.
        As to what motivates them, that is all over the map. I mean
    it is everything from the racially motivated violent
    extremists, to different sorts of anarchists, and militia
    violent extremists, to home-grown violent extremists, which is
    a term we use to sort of distinguish people who are here
    already in the U.S. but who are inspired by foreign terrorist
    organizations, like ISIS, like al-Qaeda.
        And then increasingly we are seeing people with this kind
    of weird, hodgepodge blend of ideologies. The old-school world
    of kind of people with some purity of radical ideology then
    turning to violence is often giving way to people who have kind
    of a jumble of mixed up ideas. And you know, we have seen cases
    where somebody, 1 month is saying they are an ISIS supporter,
    and then the next month they say they are a white supremacist.
        We had a case in Minneapolis where a bunch of guys that
    described themselves as Boogaloo Boys, then ended up deciding
    to provide material support to Hamas.
        I look at the El Paso shooter in the Walmart there, and if
    you look at his so-called manifesto, it is all over the place.
    So we are having more and more challenges trying to unpack what
    are often sort of incoherent belief systems, combined with kind
    of personal grievances.
        Senator Shaheen. And there is no doubt, as you pointed out,
    that violent crime is increasing. I see that in my Home State
    of New Hampshire, and it seems like over the last couple of
    years it has been a reaction to COVID, to the opioid epidemic,
    to factors obviously, the availability of weapons is another
    factor. Are there other things that we are thinking have
    happened over the last couple of years that have really
    contributed to the violent crime that we are seeing today?
        Mr. Wray. Well I would agree with the first, the several
    that you listed, I would add to that that we are seeing, for a
    variety of reasons, in some places way too many of repeat
    offenders, or dangerous offenders ending up back out on the
    street, certain prosecution practices or sentences that don't
    adequately keep somebody behind bars when they really need to
    be.
        And I would say that a lot of police departments in this
    country, if you talk to most chiefs and sheriffs, which I as I
    said, I am doing just about every week, most of them are really
    struggling with recruiting and retention, and that certainly
    doesn't help. So we need to support the men and women of law
    enforcement because that is who stands between us and the
    violent criminal element.
        Senator Shaheen. Thank you. Senator Moran.
        Senator Moran. Chairman, thank you.
        Director Wray, this subcommittee has invested hundreds of
    millions of dollars in Stop School Violence Act since its
    enactment in 2018. As you would know these programs support
    school resource officers, hardening of our schools, anonymous
    reporting hotlines, threat assessment programs, and training
    for school personnel.
        Your team at the FBI has some of the best minds in the
    world when it comes to emergency situations. Have you heard
    from your experts? What have you heard from your experts about
    the most effective ways to prevent and respond to these
    terrible events?
        Mr. Wray. So I think what I would say is, we are doing a
    number of things on this front to try to help harden, if you
    will, and I hate the fact that we even have to talk about
    hardening our schools, but it is a reality that they have
    become targets. So we, in addition to all of our investigative
    work, our bread and butter, you know, the cases we are bringing
    of different sorts, violent crime, terrorism crime, gang crime,
    et cetera, we provide all sorts of support through training,
    and capacity building.
        So we have trained I think something like 110,000 different
    law enforcement officers on active shooter response, we have
    put out a whole bunch of different PSAs, and instructional
    videos, to schools, to school resource officers, to school
    administrators, to houses of worship, to communities, as well
    as to law enforcement, to help them better defend. And there is
    a host of information in there.
        In addition to that we are, obviously, providing forensic
    support through our lab, we are doing shooting incident
    reconstruction, I mentioned in my opening statement. In Uvalde
    we have Evidence Response. That is often one of the things that
    we are quickly asked to provide by our State and local
    partners. But that is of course after the fact. And what we are
    trying to do is figure out how to better get in front of it.
        Senator Moran. We would welcome your advice and
    suggestions. Last year in this room you and I spoke at least
    briefly about counterintelligence threats along the southern
    border. Two weeks earlier I had the opportunity to question the
    Attorney General about the cartels' activities there.
        The purpose of those questions a year ago were to address
    what I had learned on my visits to McClelland, Texas, that last
    year, just previous to those hearings, which is while
    immigration dominates the conversation about the southern
    border, there are also grave national security threats there.
        This was confirmed just yesterday when an FBI search
    warrant unsealed in Ohio, revealed that an assassination plot
    against former President George W. Bush included plans to
    smuggle assassins into the United States from Mexico.
        According to press reports the suspect, an ISIS operative
    was recording--was recorded claiming to have just smuggled two
    individuals associated with Hezbollah, into the United States.
        Yesterday's events compel me to start again on this topic
    that we discussed last year: What is the FBI's assessment of
    our national security threats along our border, southern border
    in particular, but borders generally? And what can you tell us
    in this setting about the number of known or suspected
    terrorists, or special interest aliens who have crossed into
    the United States from Mexico?
        Mr. Wray. Well, certainly border security is a major, major
    challenge that cuts across a whole host of the programs that we
    serve, and the national security piece of it that you are
    highlighting is one part of it. Obviously, I am very proud of
    the work that our folks did on the Ohio case that you
    mentioned. We obviously worked closely with Secret Service on
    that to coordinate that, to make sure that it was all done in a
    way that prevented any true threat from coming to fruition.
        Certainly any porous point of entry is a potential
    vulnerability that bad actors, of all sorts, including national
    security threats, can seek to exploit. And I have been down to
    all of our field offices that have border crossings as part of
    their area of responsibility, I have had CBP folks show me
    around so I can see firsthand what they are dealing with, and
    they have a heck of a challenge on their hands.
        And we, through our Joint Terrorism Task Forces, in
    particular, work very closely with our DHS partners to try to
    bring the counterterrorism dimension to the threat. I think
    that is probably all I would be able to say about it in an open
    hearing, but certainly you are right to be focused on it as an
    issue of concern.
        Senator Moran. Perhaps we will have the chance to have a
    closed session as well.
        Chair, thank you.
        Senator Shaheen. Thank you Senator Moran. Senator Kennedy.
        Senator Kennedy. Mr. Director, I remember when you were
    nominated and confirmed, boy, was I glad to see you. I believe
    then and I believe now that you are not a politician, I think
    your predecessor was. And he and others did immeasurable damage
    to one of the most important institutions in American
    Government.
        Because I believe, as you do, that in addition to the DEA,
    the FBI is probably the premiere law enforcement agency in all
    of human history, and it should be above politics. For the
    record who is Michael Sussman?
        Mr. Wray. Well, Michael Sussman is a lawyer who is
    currently involved in a trial by the Durham Special Counsel
    Team.
        Senator Kennedy. His law firm, Perkins Coie, was counsel to
    Secretary Hillary Clinton's campaign, right?
        Mr. Wray. Senator, I am mindful, as I think you would
    expect me to be, that the case is currently in the middle of
    trial.
        Senator Kennedy. I know----
        Mr. Wray. And I am--well we have agents, and I have
    assigned agents to work on the Durham Team. I want to be
    really, really careful about not getting into a discussion
    about a case that is currently in front of a very independent
    and strong-willed Federal judge, and a jury right now, so.
        Senator Kennedy. Well, Mr. Sussman was counsel to Secretary
    Clinton's campaign, and we also know that he was the source of
    the information provided to the FBI that the Trump campaign had
    a back channel communication to Russia, which we now know
    wasn't true.
        Is it true that Michael Sussman, a partner at Perkins Coie,
    counsel to the Hillary Clinton campaign, and the source of this
    information about the allegations regarding the Trump campaign;
    is it true that he had a special--he had a badge that gave--an
    FBI headquarters badge that gave him special privileges in
    entering the FBI Building?
        Senator Kennedy. Well, Senator, what I would say to you is
    much in keeping with the gracious comments you made at the
    beginning about my commitment to trying to make sure I do this
    job the right way, that includes making sure that with a case
    that is currently in the middle of trial and an investigation
    being run by Mr. Durham, that we are actively helping him with,
    I just--I don't think I can really get into a discussion of
    those topics at the moment.
        Senator Kennedy. When the FBI opened the file, to
    investigate Mr. Sussman's allegations; is it true that the FBI
    concealed Mr. Sussman's identity?
        Mr. Wray. Again, I completely understand your interest in
    the question, and then I respect it, and I am just hope you
    will respect the fact that because I have got agents working
    with Mr. Durham on the case, and they are in the middle of
    trial right now I just don't think I can get into a discussion
    of that here.
        Senator Kennedy. When the FBI opened its file to
    investigate the allegations that Mr. Sussman, on behalf of the
    Clinton campaign made, now known to be untrue, about these back
    channel communications between the Trump campaign and Russia.
    When the FBI opened the file is it true that the file said the
    source of this information was not Mr. Sussman but the
    Department of Justice?
        Mr. Wray. Again, the same response. These are the very
    kinds of questions that are being litigated in front of the
    jury and Judge Cooper, right now.
        Senator Shaheen. Senator Kennedy, I would just urge you to
    follow a separate line of questioning, as Director Wray has
    said he is not going to answer questions----
        Senator Kennedy. I appreciate that, Madam Chair.
        Senator Shaheen [continuing]. Relative to this case that is
    being litigated.
        Senator Kennedy. I appreciate that Madam Chair, and, you
    know, how much I respect you. I want my time back by the way.
        Senator Shaheen. You can have those 3 seconds that I have.
        Senator Kennedy. No. You talked for about 10 seconds.
        Senator Shaheen. I am happy to give you those 10 seconds.
        Senator Kennedy. Thank you, Madam Chair. And I appreciate
    your help with my questions, but I can handle it myself.
        Chris, at some point you are going to have to address this.
    And I understand you don't want to address it in the middle of
    a prosecution, but there are millions of Americans that look at
    this and think, I am not saying they are correct, that the FBI
    has become a political organization. And at some point you are
    going to have to address that.
        The institution is just too important, and some of my
    colleagues may not want to talk about this, but we are going to
    have to talk about it at some point.
        Mr. Wray. Well, so first off, I totally appreciate your
    concern about our institution. And I will tell you that what I
    can speak to now is that I have implemented all sorts of
    reforms that I have spoken about quite publicly, over 40-plus
    corrective measures that deal with a lot of the same issues
    that are at the heart of the underlying investigation.
        I completely turned over the entire leadership team in the
    FBI. We have taken disciplinary action where we could, but we
    have also been in close cooperation and coordination with Mr.
    Durham, who is the special counsel, and I think that is the
    best thing I can do to help address the concerns you are
    talking about.
        As to the FBI's reputation, I will tell you, having been to
    all 56 of our field offices, now almost all of them twice.
    Having been New Orleans just earlier this month, and Baton
    Rouge just shortly before that, that what I find in talking to
    Americans out in the field, law enforcement partners, business
    leaders, community leaders, victims, prosecutors, families, is
    a widespread, even resounding appreciation, and respect for the
    men and women of the FBI.
        And you will be, I hope, relieved to know that in Louisiana
    over the last 3 years, the last 2\1/2\ years, the number of
    people in Louisiana applying to be special agents of the FBI
    has doubled what it was in the first few years when I took
    over. And so I think that speaks very well of the good citizens
    of Louisiana and their appreciation and view of the FBI's
    credibility again----
        Senator Kennedy. And I thank you for coming, Chris. And I
    thank you for all the hard work you have done, but I am going
    to stand by my comments. I think at the right time you are
    going to have to address this. And assure the American people.
        Senator Shaheen. Senator Hagerty.
        Senator Kennedy. That the rot is gone. Thank you. Thanks
    for being here, Chris.
        Senator Hagerty. Thank you, Chair Shaheen.
        And Director Wray, it is good to see you here again. I
    would like to turn my comments to something very disturbing
    that is happening right now with respect to the Supreme Court
    justices, and what we have seen in recent weeks are protests at
    the homes of Supreme Court justices and their families,
    something that I think that should be completely out of bounds.
    It also may be illegal.
        Federal law prohibits protesting at the residence of a
    judge with the intent of influencing the judge, and many of the
    protesters are doing just that. Protesting outside judges'
    homes, attempting to intimidate them, I think, and to changing
    their ruling on the Dobbs case.
        So Director Wray, is the FBI in any way investigating these
    protesters as a potential crime?
        Mr. Wray. So I don't want to get into any particular
    predicated assessment or investigation that we may have ongoing
    right now. I will say that we are working very closely with the
    U.S. Marshals, who, as you may know, are now providing round-
    the-clock security at the justices homes, and with the Supreme
    Court Marshal and Supreme Court Police, together, they have
    responsibility for protection of the judges themselves and
    their facilities.
        But I will tell you this, my view, and my instructions to
    the FBI are: That there is a right way and a wrong way in our
    system, and under the Constitution, to express what you are
    upset about, and who you are upset with. And violence and
    threats of violence, no matter what you are upset about, or who
    you are upset with, is not the way to go.
        Senator Hagerty. I couldn't agree with you more.
        Mr. Wray. We will pursue all lawful and predicated
    investigations we can to ensure that.
        Senator Hagerty. The U.S. Supreme Court Police recently
    reported, I am going to use their quote, ``A significant
    increase in violent threats'', to your concern, against Supreme
    Court justices and the Supreme Court building. And as FBI
    Director it sounds, and I just want you to confirm, that you
    have received information that the Supreme Court's members are
    facing elevated threats that do warrant increased security,
    intelligence, and intelligence resources.
        Mr. Wray. As I have said, we are in close contact with
    them, receiving tips and leads, and things like that from them,
    and without, again, weighing in on what in the way of
    assessments and investigations we have open. But my charge to
    our people is that we are going to aggressively pursue violence
    and threats of violence against public officials, including
    against judges.
        Senator Hagerty. I appreciate that, Director Wray, and I
    think I share your concerns, and I think that many on our
    Committee I am working here on our side to make certain that,
    along with the extra help that the U.S. Marshals are providing
    right now, that if there is any shortfall in monetary resources
    needed, particularly in the very near term, to make certain
    that the justices and their families are properly protected,
    that we address that, because heaven forbid, these threats turn
    into, or manifest themselves into the violence, that I think
    concerns us both.
        I would like to turn to another issue now, and that is at
    our southern border. Specifically the case of a Colombian
    national named, Isnardo Garcia-Amado, who recently crossed our
    southern border and who was flagged by the FBI Terrorist
    Screening Center. He was released by Border Patrol agents into
    the United States on April the 18.
        Then on April the 21, 3 days after his release, the FBI
    alerted the Department of Homeland Security that this man was
    on the terrorist watch list. You would think that DHS would
    have then immediately arrested this person, yet, despite
    knowing that a suspected terrorist had been released in the
    United States, the leadership of the Department of Homeland
    Security didn't even authorize ICE to arrest him until two
    weeks later. He was in Florida by that time.
        So this Colombian national was caught by DHS, and then
    released into the United States before the FBI determined that
    he is on the terrorist watch list. Is that your understanding
    as well?
        Mr. Wray. I will confess, Senator, that I am not sure I am
    familiar with this specific case. It has a vague ring of
    familiarity from something I got briefed on, but I think I
    would have to circle back to you, which I am happy to do.
        Senator Hagerty. I would appreciate that. You can see my
    concern though. And I guess my broader question is, in your
    view, if this were to happen does that jeopardize American
    safety to catch and release border crosses before the FBI has
    had the opportunity to make that determination, as to whether
    or not they are terrorists?
        Mr. Wray. Well, certainly I think we need to have close
    lash up between FBI agents on the Joint Terrorism Task Forces,
    especially in the border States, with their DHS counterparts,
    who have a very tough job. Those folks, CBP folks down on the
    line there that I have met with, and they usually have people
    designated on our task forces which is designed, in part, to
    prevent some of the slippage that might----
        Senator Hagerty. Now, I would say the slippage is a great
    concern. And even further concerning is DHS taking 2 weeks,
    after receiving information from the FBI, to actually notify to
    arrest a person. I mean does that concern you as well; is a
    slippage that could, again, endanger American safety?
        Mr. Wray. Well, I certainly understand the concern. I think
    I would need to kind of drill in further on the facts to make
    sure I have got the full context.
        Senator Hagerty. Okay. I would appreciate that. And also
    when you come back to me if you could let me know how many
    border crossers have been apprehended, that are on the national
    terrorist list. I am deeply concerned about this.
        When I went to the border myself, a couple of--about 6
    weeks ago, I was informed that 157 different nationalities have
    been apprehended at our southern border in the past year. That
    is a deep, deep national security concern, and I would very
    much appreciate your following up with me in terms of, what is
    known, and also if you have any estimates on what is not known,
    because I think that is an even greater concern, are those
    people that are coming here using the border, as Senator Moran
    talked about, for some very nefarious purposes. Thank you.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Hagerty.
        Senator Capito.
        Senator Moore Capito. Thank you, Madam Chair. And thank
    you, Director, for being with us today. We are going to be
    asked to consider legislation, I believe, tomorrow, regarding
    domestic terrorism, and much of your statement, written
    statement was devoted to the topic of domestic terrorism. The
    DOJ has a unit dedicated to anti-domestic terrorism efforts
    presently, and you testified last year that your agency has
    significantly boosted resources directed towards these
    initiatives.
        Can you elaborate on the FBI's existing initiatives on
    domestic violence or domestic terrorism prevention and
    investigation? And how you are already working with existing
    agencies and departments? And I would say that one of the fears
    that I would have with this legislation before us, is that we
    are creating more stovepipes of information that, in reality,
    could slow the flow of information, and accuracy of that. So I
    would like to hear your comments on that, please.
        Mr. Wray. Well, I would probably decline to weigh in on the
    legislation itself, as is our usual practice.
        Senator Moore Capito. I figured that. Okay.
        Mr. Wray. But as to--you are right, that we are doing a
    whole lot on domestic terrorism already. We have, I think, over
    the last few years, and this really started, I would say in
    summer of 2019, and kind of, has just continued since then.
        We have, I think, more than doubled our domestic terrorism
    caseload, we have--I think we are now up to about 2,700
    domestic terrorism investigations they cover the waterfront of
    different types. We have also created a Domestic Terrorism-Hate
    Crimes Fusion Cell to bring both those kinds of expertise
    together. We have had some very significant plots disrupted
    using those efforts, we have our Joint Terrorism Task Forces in
    all 56 field offices.
        Senator Moore Capito. Right.
        Mr. Wray. That is about 4,400, or so, investigators, they
    are working on it. But I will also say, in our budget request
    before the subcommittee, we are asking for more resources for
    domestic terrorism. That is separate apart from any legislative
    effort, just in our fiscal year 2023 request.
        Senator Moore Capito. Where would you say those extra
    dollars, which parts of your investigative domestic terrorism
    arm would you see need to be increased, budgetarily? Or is it
    just an overall?
        Mr. Wray. Well, I would say it is two things. It is
    investigators and tools, technical tools, you know,
    increasingly in the domestic terrorism space, much like in
    other criminal arenas, the terrorists are reverting to use of
    technology that makes it harder and harder to connect the dots.
    And so that is a part of it.
        But the other thing is we have, in the short run, had to
    sort of surge resources to handle that domestic terrorism
    caseload, and as I mentioned in my opening statement, I do not
    think we are in a position where any of these other threats,
    the traditional violent crime threat that I hear about from
    chiefs and sheriffs all the time, the international terrorism
    threat, that has absolutely not gone away.
        Senator Moore Capito. Right.
        Mr. Wray. That had slightly abated during COVID, the
    foreign terrorist threat, but especially in the wake of the
    withdrawal in Afghanistan, I think we, the FBI, are going to
    have a bigger and bigger role on the foreign terrorist threat.
        So partly, our budget request is designed to make sure that
    the sort of duct tape approach that we have been using for the
    last 18 months to 2 years, is not the way we have to continue
    going forward. So we can have a longer standing commitment to
    the domestic terrorism load.
        Senator Moore Capito. So a more robust and wider reach.
        Mr. Wray. Right.
        Senator Moore Capito. And that soon you are taking from
    something else to----
        Mr. Wray. Correct.
        Senator Moore Capito [continuing]. To put that into your--I
    am curious to know. I think the American public would like to
    know. I have no idea what the answer to this question is, I
    don't--I think I know. The tragedy in Texas, what role does the
    FBI play in this? Or do you play a role in this?
        Mr. Wray. So we are in a support role, we are--so Texas
    DPS, the Texas State Law Enforcement Agency, which is a
    terrific partner of ours; and the Uvalde Police Department,
    they have the lead, we are in support role. Now, our support
    takes all sorts of forms so we have investigative resources,
    analytical resources, we have lab personnel doing evidence
    response.
        Senator Moore Capito. Right; mm-hmm.
        Director Wray: We have other kinds of forensic response, we
    have Victim Services professionals, as I mentioned to the
    Chair, who are helping the families of the victims. We have
    crisis management teams, behavioral analysis teams, so we have
    a whole host of things down there, but we--and so while it is a
    formidable footprint and engine, it is, at the end of the day,
    in support of our great State and local partners.
        Senator Moore Capito. Right. Well, thank you for that, and
    thank you for those agents that are working in that support.
    This is very difficult I am sure, for them as well.
        And I would just like to add just very briefly the local
    offices that that I hear from my Charleston, West Virginia
    folks, I just want to thank them, and you, because they are
    very tied to us. I am sure all of us have heard from our local
    offices in this time of sort of uneasiness, and I just really
    appreciate the efforts at which they go to, to include me, and
    my family, and others that might be in precarious situation
    from time to time. So please extend my great gratitude for
    that.
        Mr. Wray. Thank you.
        Senator Moore Capito. Thank you.
        Senator Shaheen. Thank you, Senator Capito.
        I am going to turn the gavel over to Senator Collins, to
    ask her questions while I go vote, and either Senator Moran or
    I will be back shortly.
        Senator Collins. Thank you very much, Madam Chair. You know
    how much I like having the gavel.
        [Laughter.]
        Senator Collins. Director Wray, thank you first of all for
    being here today. Your agency is so important in so many areas,
    and so many ways. All of us are clearly horrified by the
    vicious killings that occurred yesterday.
        And I want to ask you about one approach that has been
    taken, and get your judgment about it. The State of Maine is
    among some States that have enacted statutes that we call
    either a red- or yellow-flag law.
        And the law in Maine which was developed in consultation
    with a wide range of groups; essentially allows the court to
    have the police temporarily confiscate firearms from someone
    who is deemed to be a danger to either him or herself, or to
    others.
        Importantly, the Maine law includes due process rights, and
    a medical assessment. So it can't be just some neighbor's
    opinion, or even a family member's opinion, there has to be a
    medical assessment as well. And that is to ensure that the
    concerns are well founded, and that Second Amendment rights for
    law-abiding citizens are protected.
        In your experience, how successful have these relatively
    new red-flag and yellow-flag laws been?
        Mr. Wray. It is a very good question. I would say, I am not
    sure that I have seen any kind of rigorous assessment, overall,
    of the effectiveness of the so-called red-flag laws. There are
    other names for it, as you alluded to. I know that DOJ has
    recently published a model statute for States to consider.
        I think what I could say to you is that it has been our
    experience that with a whole wide variety of shooter
    situations, whether it is a terrorist type situation, or more
    traditional violent criminal situation, most of the time you
    see that there was someone who knew the person, or came into
    contact with the person, who saw some change in behavior that
    alarmed them. And in the situations where law enforcement has
    been successful at preventing an attack it is almost always
    thanks to somebody like that coming forward.
        And whether it is done through a protective order of the
    sort--a protection order of the sort, you are describing, or
    whether it is just because they contacted law enforcement, and
    law enforcement was able to act, that is the key. And the ones
    that haven't been prevented an awful lot of the time, it turns
    out there was somebody who maybe didn't know to contact law
    enforcement, or was afraid to contact law enforcement, for one
    reason or another.
        And you hear all the time the saying, ``If you see
    something, say something.'' And most people when they hear
    that, they picture the unattended backpack, you know, in the
    greyhound bus terminal, or something. But what we really need
    right now in this country is, if you see something about
    somebody, people to say something.
        And if they do, whether it is through statutes like the one
    in Maine, or through some other mechanism, that can be quite
    effective, and certainly, if more States were to adopt these
    laws we would, on our end, through NICS and NCIC have to, you
    know, make arrangements to be able to then have that
    information in the relevant databases to be able to help
    prevent them from getting their hands on a weapon. But
    certainly it is something we could look at.
        Senator Collins. Thank you. Another proposal that I have
    long supported would strengthen Federal law by making it easier
    for prosecutors to go after gun traffickers and straw
    purchasers. And let me describe what I have seen and heard
    about in the State of Maine from law enforcement officers.
    Gangs and drug dealers target addicts who have clean records,
    so they then ask them to purchase guns for them, and they swap
    heroin or other drugs for the guns. These guns are then used to
    commit horrific crimes in our communities.
        Often, far from Maine, there was a gang in Connecticut that
    was known for coming to Maine enlisting addicts to buy guns for
    them, because the addicts had clean records and could pass the
    background check. So this Congress, I once again joined my
    colleague, Senator Leahy, in reintroducing the Stop Illegal
    Trafficking in Firearms Act, and we would create a new criminal
    offense for straw purchasing.
        Right now, it is essentially treated as a paperwork
    violation, a slap on the wrist. Instead, we would make these
    crimes punishable by time behind bars.
        What is your opinion of closing that straw purchase, or
    loophole that allows for criminal gangs to access guns when
    they could not buy them themselves, because of their own
    criminal records?
        Mr. Wray. Well, I think I would have to study the
    legislation more closely to give you a more informed assessment
    of that. I will tell you that even back to when I was a line
    prosecutor I used to prosecute a lot of these same straw
    purchaser cases and typically, as you say, they are prosecuted
    as false statements cases, you know, when somebody essentially
    lies on the 4473 Form.
        And just as you say, what you see over and overall, is
    violent gang members who enlist people who are down on their
    luck, for one reason or another, either they are, as you say,
    they are addicts, or they are financially in distress and so
    that the money that comes with it, when they get paid to be the
    straw purchaser, they take advantage of people who are down
    their luck that way.
        I think there might be a difference in the culpability
    level for the straw purchaser, versus the gang member who
    enlists them, and that is when we--when I tried those cases,
    and prosecuted those cases, that was sort of the approach we
    took.
        But I think you are right to be focused on the straw
    purchaser issue as an important ingredient to preventing guns
    from getting in the hands of people who are, after all,
    prohibited under existing law from having them.
        Senator Collins. Right. I actually feel bad for many of the
    straw purchasers, because they frequently have serious
    substance abuse problems, and they are being manipulated, and
    used by these gang members. But that--that is a real problem.
        Let me follow up on the drug issue, and as we know America
    has set a terrible new record in the number of drug overdoses
    in the past year. It is 104,000 Americans died of drug
    overdoses. In Maine, an estimated 636 people died of drug
    overdoses in 2021. That is a 23 percent increase from the
    previous year. But what, to me, is even--or equally chilling,
    is the fact that that is actually only a small portion of the
    number of overdoses.
        The number of overdoses in Maine that we know about was
    nearly 9,000. Fortunately, the rest of them were saved. I
    talked to Attorney General Garland about this issue, and he
    pointed out that the FBI, along with other DOJ components, is
    playing an important role in fighting the large-scale drug
    trafficking organizations that are bringing drugs into this
    country.
        I am concerned about what is happening at the southern
    border, based on my discussion with Border Control agents. Has
    the government's inability to secure the southern border led to
    more drugs entering the United States?
        Mr. Wray. Well, certainly the influx of drugs across the
    southern border is a very important fuel, not just to addiction
    in this country, but to violence in this country; and that is
    one of the parts that the FBI plays a pretty big role in. You
    have transnational criminal organizations in Mexico enlisting
    the help of gangs, and other organizations here in the U.S., to
    distribute the drugs, and there is violence over turf, over
    distribution routes, et cetera.
        I know that when I have been down to the border and talked
    to the CBP folks there, and to our field offices that have
    responsibility in that area, the quantity of the seizures that
    they routinely are engaged in make the seizures in other parts
    of the country look really quite small by comparison. I mean it
    is just another day in the life for a lot of them. And so it is
    striking.
        And I think you are correct that the overdose death
    statistic or the overdose statistic itself, in some ways
    underestimates the scope of the problem, in part, because
    Narcan, happily, has become so much more widely available, but
    that, in turn, ends up almost masking the problem.
        Senator Collins. Exactly.
        Mr. Wray. So the effectiveness of first response, which is
    a good thing, is actually maybe misleading some into thinking
    that the problem is not as bad as it really is. And it is
    really an epidemic.
        Senator Collins. And finally just a quick question. You
    were talking about domestic terrorism with Senator Capito.
    Would you agree that the sources of domestic terrorism include
    groups and ideologies on the left, on the right, from overseas,
    such as ISIS? In other words, there is not just one ideological
    source of domestic terrorism; is there?
        Mr. Wray. Certainly, when we look at domestic terrorism, we
    focus on the violence, and the violence--and we are sort of
    ideology agnostic, if you will. And the terrorism, the domestic
    terrorism threat we see covers the waterfront from people--we
    don't use terms like ``left'' and ``right'', but we see the
    racially motivated violent extremists, we see militia violence,
    and anarchist violence, we see people with this kind of salad
    bar of ideologies that don't fit into any category.
        And then of course on the--we tend to bucket it under the
    international terrorism side, the ISIS-inspired folks who are
    here, they are not sent here by ISIS, but they are here, and
    they are radicalized online. That is a huge category, and the
    plot that we disrupted, that was talked about earlier,
    involving the attempt to kill former President Bush is a good
    example of that threat.
        So I think--I understand the focus on ideology, but for us
    the focus has to be on the violence to make sure that we are
    not getting--we are not missing something in that regard.
        Senator Collins. And that is where it should be. Thank you
    very much.
        Senator Shaheen. Thank you, Senator Collins. Senator Braun.
        Senator Braun. Thank you Madam Chair.
        I can't remember the last time we have had the chance to
    speak, but good to have you back again.
        I want to go back to, and I think I asked Mr. Garland--or
    you know, somebody else this question, but when you go back to
    2020, the summer of it, there was a lot of crime in our cities,
    and of course what I have been hearing mostly about, and it
    would be the arrests that we made associated with January 6.
        So can you give me some kind of accounting in terms of all
    the various incidents that occurred across our big cities that
    had, you know, the crime in the streets, where I think we
    actually ended up with more people killed, you know, lots of
    downtown businesses, you know, burned and damaged.
        Have we been as diligent there, as we have on the January 6
    issue, and just give me a general accounting where I know that
    we have arrested over 700 individuals associated with it. What
    have we accomplished from what was, you know, something maybe
    even broader in scope in terms of damage and lives lost?
        Mr. Wray. So I don't have exact numbers for you here, but
    what I will tell you is that the violence amid all this--amidst
    all the civil unrest over the summer of 2020, we used all 56 of
    our field offices, we used our Joint Terrorism Task Forces, and
    all 56 of our field offices there were hundreds of
    investigations, hundreds of arrests.
        Now, I should pause on that last part, because often there
    is as you know, no domestic terrorism offense, Federal domestic
    terrorism offense, so a lot of times what we on our Joint
    Terrorism Task Forces, which have State and local officers
    assigned to them, part of the reason for that is that sometimes
    the most effective charge is a State charge.
        So a lot of times the Federal investigations from some of
    the activity over the summer resulted ultimately in some State
    charge, but we had any number of cases involving Molotov
    cocktails, you know, burning and firebombing, you know, police
    cars, things like that, and we continue--they don't get a lot
    of attention in the press--but we continue to develop cases and
    bring charges still from some of the activity back then. So we
    have not taken our foot off the gas on those cases.
        Senator Braun. You know, I didn't know if you have that
    information. I would like to know with a little more
    specificity, and get back to the office later, in terms of what
    that kind of comparison would be in terms of arrests, and
    convictions, based on January 6, versus the whole spectrum of
    what occurred back in the summer of 2020, if you would.
        Mr. Wray. I will see what we can get you on that.
        Senator Braun. Okay.
        Mr. Wray. Thank you.
        Senator Braun. You know, tragically we have had another
    shooting occur. I am interested in that mental health
    component. I am interested in whether it is racially motivated,
    whether it is just somebody that is out to create havoc, like
    just occurred. What are we doing that takes information that in
    many cases is broadcast, as aggressively as being in a
    manifesto?
        Maybe not that direct, but your--we pick up always after
    the fact that there has been some telegraphing of what might
    happen. So are we doing what you think needs to be done to kind
    of figure out what might occur when we find out after the fact
    that there has generally been information out there from as
    obvious as a manifesto, to maybe a lot of indications that this
    could happen? Are you happy with what law enforcement is doing
    across the board, especially the FBI?
        Mr. Wray. Well, I am very proud of the hard work of the men
    and women of law enforcement, not just the FBI, but our State
    and local partners, who bear the primary burden for a lot of
    what you are talking about. I will say that there is no
    shortage of hateful information out there, on the Internet, in
    social media in different forms, and we, the FBI, don't just go
    out and kind of monitor social media sort of passively looking
    for stuff, we rely on proper predication, and then pursue it.
        So what that really gets back to, is the exchange that I
    had with Senator Collins, about the importance of having the
    public come forward. You know, I use the saying that used to be
    applied in a different context, ``if you see something say
    something''. What we need, what law enforcement needs, is the
    public, neighbors, school teachers, relatives, friends,
    classmates, whoever, the people who are likely to see
    somebody's behavior online, and see it change from just being
    somebody just blowing off steam to taking a bit of a turn.
        And that is often the same person who would know: This
    person has not only just taken a really dark turn, but this
    person I know, you know, this member of the public, has weapons
    in his or her home.
        Senator Braun. Yes.
        Director Wray: And calling law enforcement. And when that
    happens, that is when we are most effective. And we need to try
    to encourage more and more of that, which is why our NTOC, our
    public access line, if you will, gets millions of tips a year,
    and we are frantically trying to push those out, when we get
    them before----
        Senator Braun. I think whatever observation tools you use,
    whatever algorithms might be in place but, it seems it is kind
    of disappointing that so often we hear that that might have--
    that was there, and we just needed to do a better job of
    ferreting it out.
        May I have just another few seconds for a quick question?
        Senator Shaheen. Go ahead.
        Senator Braun. I was on a School Board for 10 years. I
    could not get in my school as a School Board member because we
    had a security system in place that had to allow you in. And I
    think we had a resource officer there in Texas at that school.
    What is the FBI's viewpoint on taking soft targets, like a
    school, to where seemingly we rotate into a tragedy too often,
    to where having that in place? Why don't we have more of it?
        And we had this in place in Indiana in my own school
    district back 10 to 12 years ago? Why aren't we doing more
    there?
        Mr. Wray. Well I think that a lot of those are judgments by
    individual school systems, and School Boards that may be based
    on resources, other things. I do know that we, on the FBI side,
    have tried to help heighten the awareness of things that they
    can do to better harden the schools. We have put out PSAs,
    videos about--to better harden the school environment.
        There is a lot of thinking that has improved in law
    enforcement and security over the last 10 or 15 years, about
    the best way to protect an otherwise soft target, like a
    school. And so we are really trying to get the word out so that
    they can--they have the information they need to take some of
    those actions. And so as to why an individual school may or may
    not have chosen a particular security measure; that probably
    depends on the school system.
        Senator Braun. Thank you.
        Mr. Wray. Thank you.
        Senator Shaheen. Thank you, Senator Braun. Senator Graham.
        Senator Graham. Thank you, Director, very much for coming.
    The budget request is how much percent over last year?
        Mr. Wray. I don't have the percentage for you right now. I
    know that we didn't get quite what we had hoped for last year--
    --
        Senator Graham. Ms. Chair, what is that number? Do we know?
    Madam Chair?
        Senator Shaheen. 6 percent.
        Senator Graham. Okay. Plus inflation, too high, more than
    six percent; I think so.
        Mr. Wray. Yes, think so.
        Senator Graham. So what I want the American people to know,
    is that the budget request for the FBI is below inflation. Do
    you agree with that?
        Mr. Wray. I am sorry? I couldn't hear you very well.
        Senator Graham. The budget request for the FBI is below
    inflation.
        Mr. Wray. It sounds like it.
        Senator Graham. Yes. After listening to you, and everything
    you say is a legitimate concern, you have a lot to do. Do you
    think the Committee should look at increasing your budget?
        Mr. Wray. Well, first let me say, I appreciate the
    question.
        Senator Graham. And it is not a hard question.
        Mr. Wray. I would say that any additional resources the
    Committee would see fit to send our way I can absolutely assure
    you and the rest of the subcommittee they will be put to good
    use.
        Senator Graham. Okay, great. I want to ask you to comment
    on ongoing investigation, but apparently there was an effort,
    some plot maybe to kill President Bush 43. Have you read about
    it? Are you familiar with it?
        Mr. Wray. I am familiar with it.
        Senator Graham. Okay. Let us just make this comment. Is it
    fair to say that al-Qaeda and ISIS still exist?
        Mr. Wray. Absolutely.
        Senator Graham. Is it fair to say there are people thinking
    every day about how to get into America to kill a bunch of us
    from those organizations?
        Mr. Wray. Yes.
        Senator Graham. And the FBI is integral in stopping those
    plots before they start?
        Mr. Wray. Yes.
        Senator Graham. So would you say that after Afghanistan the
    threat to the homeland has gone up or down?
        Mr. Wray. Well, let me say this about the threat. We are
    concerned, very concerned about what the threat landscape looks
    like in the wake of the withdrawal of Afghanistan for a number
    of reasons. One, we are concerned about the loss of sources and
    collection over there which means----
        Senator Graham. There are no FBI agents in Afghanistan?
        Mr. Wray. Not anymore.
        Senator Graham. Yes.
        Mr. Wray. Or at least not that I can----
        Senator Graham. Yes, of course.
        Director Wray [continuing]. I am allowed, or not, for their
    safety and--so we are concerned about less source coverage,
    over time. And I think Director Burns has testified, you know,
    just as a matter of fact, that we will lose collection of----
        Senator Graham. Just put a fine point on it, because I
    don't have much time. Our withdrawal has made us a lot less
    aware of the threat coming from Afghanistan than before we
    withdrew. That is fair statement, right?
        Mr. Wray. I think so, yes.
        Senator Graham. And it is a fair statement that al-Qaeda
    and ISIS still are present in Afghanistan, and maybe their
    influence is growing?
        Mr. Wray. Are certainly present, and I think we are
    concerned about them growing.
        Senator Graham. Yes?
        Mr. Wray. Yes.
        Senator Graham. Okay. So let us look at domestic terrorism.
    Is there any law that you need, that you don't have, when it
    comes to investigating domestic terrorism?
        Mr. Wray. Well, we always welcome more tools in the
    toolbox, but we, I think, have been very effective with the
    tools that we do have.
        Senator Graham. Okay.
        Mr. Wray. Not just Federal charges, but as I said to
    Senator Braun, using State charges when appropriate. We have
    gotten creative in using hate crime charges, and things like
    that, as well. What we really need are more resources more than
    anything else.
        Senator Graham. Okay. Well, count me in for more resources
    to help you deal with this threat as well as other threats. Gun
    control, do you know of any system--apparently the fact pattern
    is as, we understand it now, that the person in Texas who did
    this horrible thing had no criminal record. How would the
    system deal with somebody who has never been charged with a
    crime, never even investigated for a crime, went out and bought
    a gun, what kind of law would stop that?
        Mr. Wray. Well, we don't know all the facts yet, as far as
    that----
        Senator Graham. Yes. But let us just assume that fact
    there.
        Mr. Wray [continuing]. but these are, depending on the
    individual, there are other prohibitors in 922 besides the
    Felon----
        Senator Graham. Here is the point. If there is something we
    can do to deal with this particular situation that we are not
    doing, can you get back with us?
        Mr. Wray. I would be happy to work with the Committee.
        Senator Graham. Okay, great.
        Mr. Wray. I think that there is just no one, simple, single
    answer to that all.
        Senator Graham. Yes. Okay. Well, I am open-minded to ideas.
    So finally, from the FBI's point of view, you have been
    following the Sussman trial, I would assume?
        Mr. Wray. Yes.
        Senator Graham. Okay. Well, he is in trial. But let me just
    ask you this question. A lot of Americans are concerned with
    the fact that a campaign lawyer for the Clinton campaign could
    go to the FBI, and provide information to the FBI that led to
    an investigation of the opposite party. And it seems to not
    have held much water.
        Can you understand why people would be concerned about
    that?
        Mr. Wray. I certainly understand why people are concerned.
        Senator Graham. And the Horowitz Review, of the Crossfire
    Hurricane. You are familiar with his findings, the Inspector
    General.
        Mr. Wray. Yes.
        Senator Graham. This is your chance to tell the American
    people that you are going to make sure that never happens
    again, and you are dedicated to making sure that, for whatever
    reason, there are no more Carter Pages investigations that seem
    to have gotten completely off the rails?
        Mr. Wray. So I will I will put the Sussman case to the side
    for the moment, because I don't to comment on a case----
        Senator Graham. Okay. Sure.
        Mr. Wray [continuing]. That is in front of the jury right
    now. But let me say this. The conduct that is described in the
    Inspector General's Report, I consider to be utterly
    unacceptable, and also unrepresentative of the FBI that I see
    every day. And my firm instructions to our people, are that we
    need to make sure that that never happens again. And we have
    implemented over 40 corrective measures that go directly to the
    things that are described in that report.
        We have made changes of the entire leadership team in the
    FBI. And the FBI that I see today, in 2022, is very different
    from what is described in that report.
        Senator Graham. Thank you.
        Senator Shaheen. Thank you, Senator Graham.
        I have another round of questions. I assume you do as well
    Senator Moran.
        Senator Moran. I do; right.
        Senator Shaheen. I want to talk about something that we
    talked--discussed a little bit on the phone this week, and that
    is the whole Task Force KleptoCapture, and what we might do to
    address, not just Russian officials and oligarchs,
    circumvention of sanctions, and export restrictions, but also
    what needs to happen to address the ability of transnational
    crime organizations, corrupt officials in places like Russia,
    from being able to park their money in our financial system in
    the United States, and the West? And what we need to do to
    prevent that?
        And I want to start with the fact that we provided the FBI
    with over $43 million in supplemental funding for the KLEPTO--
    for the Task Force KleptoCapture, as part of the 2022 Omnibus.
    Can you talk a little bit about how you are using that funding,
    and what else we ought to be thinking about, as we are looking
    at how we address the ability of criminals to use our financial
    system for their own benefit?
        Mr. Wray. Well, first let me say that those who have been
    profiting from corruption in Russia, and treating the world
    like it is their playground, by evading sanctions, are people
    we are coming after. I am working closely with partners, not
    just across the Federal government, but also with a whole host
    of foreign partners.
        And obviously the new KleptoCapture Task Force is an
    integral, really at the heart of that effort. And we have had
    some success already in freezing bank accounts, luxury yachts,
    artwork, things like that, sometimes that is through enabling--
    the FBI provides information to a foreign partner, and they are
    able to take action to seize or freeze, and sometimes it is
    through us using our own authorities.
        We are also going after, and this is important, and it goes
    to something I think that you and I talked about on the phone,
    it goes to not just the--say, the oligarchs, the sanctioned
    individuals themselves, but to the whole ecosystem or
    infrastructure that they rely on, the people that they may have
    on their payroll, the people that, otherwise, enable them to
    engage in the corruption, and the sanctions evasion. And that
    is an important part of it.
        As to the funds, the $43 million that you referred to, for
    which we are very grateful, we are using that in a variety of
    ways. Yes, some of it is of course going to our cyber efforts,
    and our counterintelligence efforts, related to the Russia,
    Ukraine, conflict, but we are using it part for our agents and
    personnel on the KleptoCapture Task Force, as well as--and this
    is an important piece--our pursuit of the crypto currency,
    because that is a an important ingredient for a lot of the bad
    actors here, many of whom think that they can hide behind the
    anonymization that exists with virtual currency.
        And they are not as clever as they think they are; but we
    have to continue to evolve our own technologies and tradecraft
    to be able to go after them, and we have made some very
    significant seizures of cryptocurrency lately, working with the
    Department of Justice. And that is going to be an important,
    increasingly, important part of this going forward.
        Senator Shaheen. So what has been the biggest obstacle in
    trying to address activity, particularly with respect to
    Russia, and the war in Ukraine, and those sanctions?
        Mr. Wray. I think I would say that the biggest challenge
    that we face is a lot of these folks are pretty savvy about
    relying on opaque other foreign jurisdictions. And so there are
    ways in which, by taking advantage of some of those other
    systems, they are able to make it more challenging for us to
    follow the money, and get after the money.
        Not necessarily impossible. And there is a role here for
    diplomacy, State Department, Treasury Department, others, in
    engaging with some of those foreign partners to work better
    with us, to help make sure that we have clamped down on the
    system.
        Senator Shaheen. Any particular entities that you would
    like to name?
        Mr. Wray. I think the State Department would probably
    appreciate it if I didn't name specific countries in an open
    hearing, but.
        Senator Shaheen. Although you pointed out we are
    cooperating with the international community, and I have heard
    from some of--some officials that there are entities that may
    be part of other countries that--where countries have cracked
    down in-country, but those entities where they still have
    significant interest may not have provided the same kind of
    crackdown. Is that--I mean I am being pretty opaque here in the
    way I am describing it, but.
        Mr. Wray. Right, no, ``opaque'' is the right word, both for
    the way we have to talk about it, but also what is in some of
    these countries. I will say there have been quite a number of
    countries where we have gotten more cooperation than we might
    have, you know, in years past. So I don't want to make it sound
    too bleak. We have had a number of partners that have taken,
    for them, more aggressive action than we would historically
    have seen. And that is, I think, a measure of the international
    community being so appalled by what Russia is up to in the
    Ukraine.
        Senator Shaheen. Thank you. Senator Moran.
        Senator Moran. Chair, thank you.
        Let me talk again about the surging increase in violent
    crime. I believe that two of the most effective ways to address
    violent crime are through surging FBI resources to the most
    affected communities, through Joint Federal Local Task Force,
    such as Safe Streets Task Forces.
        You and I heard the commentary from law enforcement, local
    and State law enforcement when we were together in March in
    Kansas, I understand that as of May, I think it is early May,
    the FBI surged resources in six field offices, and it secured
    significant arrests, and firearm seizures from violent
    criminals.
        Director Wray, is the FBI considering additional resource
    surges over the coming year, or expanding its existing task
    force network.
        Mr. Wray. So on the surges, I think what you are referring
    to is a new team that I created about 6 months, or so, ago,
    which is called Our Violent Crime Rapid Deployment Teams, and
    what that does is we have been sending it to particularly hard
    hit hot spots or cities, at the embrace or request of the of
    the--both the FBI field office and our local partners, to
    assist.
        And we have had very good luck in the six, or so, cities
    where we have done that. I know in Buffalo for example, you
    know, several months ago we had about a 50 percent decrease in
    homicides during the surge. In Milwaukee I think we had a
    pretty significant decrease.
        But that is by its very nature, somewhat temporary. We
    can't send those teams to just be there sort of in perpetuity,
    so part of what we are trying to do is both achieve a short-
    term, dramatic reduction by listening closely to the locals as
    to what they most need, but then also trying to put in place
    things that will have a more sustained, durable impact that
    will outlive the team's deployment
        We expect to continue that model, to keep sending that team
    to different places, but ultimately, as you and I, I think,
    discussed recently, this is a problem, ``this'' the violent
    crime problem, that dominates every discussion I have with
    chiefs and sheriffs all the time. You know, had a five--our
    last nationwide data is a 5 percent increase in the violent
    crime rate, which doesn't sound like much, maybe to some
    Americans, until you stop and think: So that means 67,000
    people, ``victims'' of violent crime, would not have been a
    victim the year before. And the homicide rate went up 30
    percent, which is, I think the highest in like 50 years,
    increase.
        So any resources, the committee--this subcommittee would be
    able to send us on the violent crime problem, could immediately
    be put to very effective use. And there will be a lot of State
    and local partners who would be very grateful as well, because
    one of the things we are really trying to do all across the
    country, is lean in to see where we can take cases federally to
    get some of the worst of the worst, and to dismantle some of
    the most significant gangs, and keep them off the streets for a
    much longer period of time.
        Senator Moran. Director, let me explore just a minute
    longer the idea of surging, and the point you make I think is a
    good one. Certainly anyone whose life is saved, or property is
    not stolen because of a surge, that is a valuable thing, but
    what we need is longer term results from that surge.
        So is there something that happens structurally? I mean
    first of all I would say is we are getting more guns out of the
    hands of people who are not entitled to have guns, I assume, in
    that surge; and we are putting more criminals, who are likely
    to commit violent crimes, to be incarcerated; those ought to
    have some longer lasting effect rather than just the amount of
    time that your additional resources are in the community?
        Mr. Wray. You are exactly right. That there are two key
    concepts here, partnership and intelligence; partnership
    meaning, it has got to be a team effort, it has got to be, how
    do we put the FBI's two together with the State local law
    enforcement partners, and ATF, and DEA, and Marshals. Put one
    agency's two, with another agency's two, and have it equal more
    than four, right; how to get a synergy where the whole is
    greater than the sum of the parts.
        So partnership is key, and then the second piece,
    intelligence, is when you hear ``intelligence'', really what
    you should take away from that, what Americans should just take
    away from that is, that is better understanding the problem in
    order to prioritize going after the thing that is really
    driving the violent crime, in order to have a longer lasting
    impact.
        So that might mean identifying particular gangs that are
    wreaking havoc on a neighborhood. It could mean a particular
    neighborhood that is disproportionately being fought over by
    two gangs. It could be any number of things, but if you get
    good intelligence, and then the partnership acts based on that
    intelligence with a strategy, that is how you get an impact
    that lasts longer, for example.
        Senator Moran. I would be interested in knowing, Director,
    if there is--any characteristics about the communities that
    have the most significant increases in violent crime, the most
    prevalent violent crime? When you focus your efforts on a
    particular community, what is the common denominator among
    those communities? And then perhaps we can try to deal with the
    underlying reason that a community is experiencing that
    increase.
        Mr. Wray. You know, violent crime is, by its nature,
    unfortunately, a little bit different everywhere. And that is
    why we really have to take not a one-size-fits-all. And so what
    I mean by that is, in one community it might be a particular
    neighborhood gang that has just run amuck. And if you really
    drill down you may find that the homicide rate is being
    disproportionately driven by that one gang's activity.
        In another community there could be a rampage of commercial
    robberies, or carjackings, and that is what is really driving
    it. In another place it could be a particular neighborhood, or
    particular corridor on a highway that is part of a drug
    trafficking route. In another place it could be, and this is
    something we are seeing in a lot of places, too many repeat,
    dangerous offenders who are either out on bail, or who have
    been not serving very long sentences.
        And the only thing more frustrating to law enforcement than
    having to arrest somebody who should be behind bars; is having
    to arrest the same person over, and over, and over, again.
        Senator Moran. That is a good point for--that is something
    that can that can be pursued. That is a concrete path that
    could be advanced.
        Let me--I told Senator Shaheen one more question, I meant
    one more topic. And in September of last year you testified
    before the Senate Judiciary Committee that the FBI's failure
    for its mishandling of the Larry Nassar investigation was
    quote, ``Inexcusable.'' ``It never should have happened, and we
    are doing everything in our power to make sure it never happens
    again.''
        To that end you testified that the FBI had begun
    implementing all four recommendations from the Inspector
    General's Report. Could you please provide me with an update on
    where those--where that implementation of those recommendations
    stand?
        Mr. Wray. I would be happy to provide it to you in writing,
    maybe afterwards, if that would be helpful.
        Senator Moran. Okay.
        Mr. Wray. I mean--for the most part I think we have
    implemented all of them quite a while ago, and certainly we
    took disciplinary action against the one agent who was still
    with the FBI, you know, once we--once we learned what had
    happened.
        And I just--it is hard for me to explain to you how angry
    and upset I was when I learned what the FBI did and failed to
    do back in 2015. But I am determined to make it right now that
    I am here, and we are going to make sure that everybody in the
    FBI learns the lessons from that, just a tragic experience.
        Senator Moran. I appreciate that. Senator Blumenthal, and
    I, and our subcommittee in the in the Commerce Committee spent
    a-year-and-a-half exploring, investigating, and providing
    recommendations for legislation that became law. And we have
    had--we share that frustration, that anger, about how everyone
    who should have done something, didn't do it well, or didn't do
    anything.
        And again as you, I think, would agree, we would expect the
    FBI to be among the most--purest in their willingness, desire,
    and capabilities to respond to somebody in need. So it is a
    terribly sad circumstance, and we await the Department of
    Justice making some decisions about what to do, if anything, in
    regard to those individuals.
        Mr. Wray. And just to be clear, on that part, you know, we
    don't--that is really between the Inspector General and the
    Department of Justice for that.
        Senator Moran. All right. I wasn't suggesting it. It is a
    question I asked the Attorney General.
        Director Wray: Yes.
        Senator Moran. But I wanted to highlight it for his,
    perhaps, when he reviews your testimony, he will know that he
    has been questioned, once again about this topic.
        Thank you, Chair.
        Senator Shaheen. Well, thank you very much for raising that
    issue.
        And Director Wray, if you do send the response to Senator
    Moran, I hope Senator Moran; you will share it with the Members
    of the Committee.
        Senator Moran. I will do so.
        Senator Shaheen. Because I know there are a lot of people
    on the Committee who are concerned about it.
        Your final exchange for that issue, raised a question for
    me, because you were talking about the Federal crimes that you
    are investigating. And as we know, the top law enforcement
    official in our States when it comes to Federal crimes are,
    U.S. attorneys, and I have been very troubled by the delay in
    getting U.S. attorneys in place across this country.
        And I just wondered if you could speak to what happens if
    we don't have somebody in that role? If we have somebody who is
    just acting? Or that that the U.S. Attorney has not been
    officially put in place to take charge of those investigations,
    and what kind of challenges that presents, as you are trying to
    bring a case before court?
        Mr. Wray. Well, what I--I want to be a little bit careful
    here. What I would say is the acting U.S. attorneys around the
    country, in my experience, are some of the most dedicated, most
    seasoned, most capable prosecutors, Federal prosecutors that
    that are out there. And I know a number of them personally, and
    have enormous respect for them.
        Having said that, it is helpful to a U.S. Attorney's
    Office, and to the law enforcement community to have a Senate-
    confirmed, presidentially appointed U.S. Attorney, because at
    least in some districts that is what is required for important
    initiatives to be pursued.
        For sometimes, you know, important personnel changes to be
    made in an office, having served in a U.S. Attorney's Office,
    and having been assistant attorney general, dealing with all
    the U.S. attorneys, you know, in my previous time in
    government, I know that there is a level of ability to take
    action on certain kinds of things, that I think it is a little
    bit easier, certainly, for a permanent U.S. Attorney.
        But I also want to be very clear that I think the acting
    U.S. attorneys that are out there, are doing a terrific job,
    and they are working really well with our field offices.
        Senator Shaheen. I appreciate that, and I appreciate the
    importance of reinforcing the job that those acting U.S.
    attorneys are doing. But I would just argue that at this time
    when we are facing a lot of challenges with respect to
    increased criminal activity that having the top decision maker
    in those offices is really critical.
        And we need to urge the administration to move those people
    if they haven't been nominated, and Members of the Senate to
    approve them so that we can get people in place. So that we
    have got everybody on the ground that we need in order to
    address the challenges that we are facing when it comes to
    crime.
        Senator Moran. And may I make this bipartisan, please?
        Senator Shaheen. Please do.
        Senator Moran. I will join the Chair in making the request
    of the administration. And I suppose the Senate, should they be
    nominated, act expeditiously to get us our U.S. attorneys which
    are absent in many places including my home State.
        Senator Shaheen. Yes. Thank you. Thank you very much,
    Director Wray.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. If there are no further questions this
    afternoon, Senators may submit additional questions for the
    official hearing record. We request the FBI's responses in 30
    days.
        [The following questions were not asked at the hearing, but
    were submitted to the National Science Foundation for response
    subsequent to the hearing.]
        No questions were submitted.

                              SUBCOMMITTEE RECESS

        [Whereupon, at 4:00 p.m., Wednesday, May 25, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2023

                                  ----------

                            WEDNESDAY, JUNE 22, 2022

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

        The subcommittee met at 9:34 a.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair) presiding.
        Present: Senators Shaheen, Feinstein, Reed, Coons, Manchin,
    Van Hollen, Moran, Murkowski, Collins, Hagerty, and Braun.

                OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

                    OPENING STATEMENT OF HON. JEANNE SHAHEEN

        Senator Shaheen. Good morning. Welcome to today's Commerce,
    Justice, Science, and Related Agencies Subcommittee Hearing, to
    review the activities in fiscal year 2023 funding request of
    the Office of the U.S. Trade Representative.
        We will recognize members in order of appearance, and there
    will be 5 minutes for questions.
        Our witness today is Ambassador Katherine Tai, the United
    States Trade Representative. Welcome, Ambassador Tai. We are
    glad you are here, and it is nice to see you again.
        As this committee knows, the Office of the 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. As
    the U.S. Trade Representative, Ambassador Tai, is the
    administration's principal trade advisor, negotiator, and
    spokesperson on U.S. trade policy.
        In order for USTR to succeed this subcommittee must ensure
    it has sufficient resources to carry out its important mission.
    To that end, the fiscal year 2022 Omnibus Spending Bill
    included $71 million for the Office of the United States Trade
    Representative, for fiscal year 2023 the administration
    requests $76.54 million for USTR.
        So we look forward to hearing how you plan to use that
    money and what your priorities are, Ambassador.
        While we consider these priorities it is important to also
    consider the most pressing trade issues confronting our
    country. One of those issues is Russia, following Vladimir
    Putin's illegal invasion of Ukraine, the United States led a
    broad coalition of allies to swiftly punish Putin and his
    cronies with crippling sanctions. During today's hearing I
    would be interested in learning more about your efforts to
    counter Russia's aggression, especially in light of the
    recently signed law revoking Russia's permanent normal trade
    relations status.
        Another issue is our trade relationship with China. As you
    know, China has failed to fulfill obligations outlined in the
    Phase One Agreement, particularly its purchase commitments
    under that deal. China also, serially, violates human rights
    and workers rights despite its assertions to the contrary.
        I am interested to hear about the administration's efforts
    to ensure China lives up to its end of the deal, and your view
    of the future of the U.S.-China trade relationship. I would
    also like to learn more about how the administration's recent
    launch of the Indo-Pacific Economic Framework for Prosperity
    fits into that relationship.
        Another related issue is the tariffs imposed on goods from
    China under Section 301 of the Trade Act. In fiscal year 2022
    Omnibus Spending Bill passed in March, Congress directed USTR
    to establish and administer an exclusion process for these
    tariffs.
        Now, I can speak to many New Hampshire businesses that
    can't source goods from outside of China, who are
    understandably seeking some real relief from tariffs. We look
    forward to hearing how USTR is working to comply with this
    congressional directive.
        And I just want to close by commending you on your
    achievements in your first year as U.S. Trade Representative,
    through your work the United States ended a decades-long civil
    aircraft trade dispute resulting in lifted tariffs on billions
    of dollars worth of U.S. exports, ranging from products like
    cheese to distilled spirits. We also reached deals with the
    United Kingdom, the European Union, and Japan to remove
    existing tariffs on steel and aluminum.
        And moreover, under the U.S.-Mexico-Canada Agreement,
    USMCA, USTR has employed the Rapid Response Mechanism to defend
    workers' rights. I think that is proved that when done right,
    trade agreements can really foster positive movement on labor
    and environmental rights, rather than negative ones.
        Ambassador Tai, we have a lot to discuss. I thank you for
    appearing before us today.
        And with that, our Ranking Member is just right on cue, for
    his remarks. But while he is getting ready let me just say I
    have a statement that I will submit for the record, and that
    includes some additional comments that I left out; so I will do
    that, without objection.
        Senator Shaheen. And if the Ranking Member is ready, I will
    call on him.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chair Shaheen, thank you very much. And
    please know that my tardiness was not related to the moment in
    which you concluded your opening remarks.
        Senator Shaheen. And that is okay. I told everybody where
    you were. So they knew you weren't just playing hooky.
        Senator Moran. Thank you very much. Thanks for covering for
    me. I appreciate you convening this hearing, and I appreciate
    you accepting, honoring my request that we have a hearing
    focused on trade, and have the Trade Ambassador before us. And
    so, thank you very much.
        And Ambassador Tai, welcome. I appreciate you coming to
    testify before our subcommittee.
        At last year's hearing I stated that you were stepping into
    your role at USTR at a time in which trade policy and trade
    enforcement has arguably never been more important. I believe
    that statement is even more true today, when you consider
    record-high inflation impacting Americans at the pump, the
    grocery store, and the pharmacy; supply chain disruptions that
    continue to ripple through the economy; and China's continued
    effort to steal American intellectual property, and always be
    our adversary.
        Ambassador, due to inflation the American people are
    struggling to meet. You have a critical role in helping lead us
    out of this economic environment, and helping Americans get
    back on their feet. I am very interested in the enforcement of
    USMCA, and the Phase One China Trade Deal, as both have
    significant impacts on my Home State of Kansas.
        Kansans benefit from exporting goods and services in a fair
    trade environment. Given that Mexico, China, and Canada are
    consistently the top markets for Kansas exports, we must ensure
    that these trading partners live up to their commitments in
    USMCA, and in the Phase One Agreement.
        I am eager to receive an update from you about the current
    compliance with these agreements, I support efforts to crack
    down on unfair trade practices.
        I also want to further understand how you are managing a
    full slate of Section 301 investigations. Congress has directed
    USTR to ``Immediately establish and administer an exclusion
    process for U.S. businesses'', and the inaction of the
    administration is putting extra burdens on American businesses,
    and upon their workers.
        I look forward to hearing from you how USTR plans to
    execute an exclusion process, and how you are reviewing expired
    exclusions to make certain that businesses have the opportunity
    to petition their government for relief.
        As we consider USTR's funding needs for fiscal year 2023, I
    am looking forward to learning more about President Biden's
    trade strategy, and priorities, and also better understanding
    what level of resources USTR requires to perform these growing
    responsibilities.
        I believe the administration's policies have been unclear
    thus far, and I hope today that you will provide some clarity
    on trade strategies you are pursuing to benefit Kansas, and all
    the people of America.
        Finally, I am concerned about this administration's failure
    to pursue and secure new trade agreements. Other countries are
    securing market opening trade agreements and our absence from
    large, bilateral, multilateral trade agreements is putting the
    U.S. at a disadvantage. This includes seeing little or no
    progress on an agreement with the United Kingdom, and continued
    unwillingness to join an agreement with our Indo-Pacific
    partners, such as the Comprehensive and Progressive Trans-
    Pacific Partnership.
        My view is we can't afford to remain on the sidelines as
    other countries enhance their market access and set rules that
    may disadvantage U.S. companies and our workers.
        Ambassador, thank you. Again, I recognize the challenging
    circumstances you find yourself in. And I look forward to
    hearing your testimony today, and hope that we can work
    productively together to promote free and fair global trade
    policies that benefit America, its economy, our workers, and
    our families. Thank you, Ma'am.
        Senator Shaheen. Thank you, Senator Moran.
        Ambassador Tai, the floor is yours.
    STATEMENT OF KATHERINE TAI, AMBASSADOR, U.S. TRADE
                REPRESENTATIVE
        Ambassador Tai. Well, thank you so much Chair Shaheen, and
    Ranking Member Moran. It is an honor to be here with you, and
    the Members of the Subcommittee today.
        Thank you for inviting me to discuss President Biden's
    fiscal year 2023 budget request for the Office of The United
    States Trade Representative.
        Today, I would like to highlight our progress in
    implementing a worker-centered trade policy that increases
    American competitiveness abroad, advances the rights of
    workers, and establishes the United States as a leader in
    shaping a more resilient form of globalization.
        Before I begin, I want to be clear that Congress is our
    constitutional partner on trade and close collaboration is
    critical to developing successful American trade policy.
        The President's budget request for fiscal year 2023
    provides $76.54 million for USTR. This includes $61.54 million
    available directly to USTR, and $15 million allocated through
    the Trade Enforcement Trust Fund.
        This request will help the agency enforce our existing
    trade agreements, strengthen ties with allies, and advance a
    trade agenda that supports the middle class, improves labor and
    environmental standards, and creates an inclusive prosperity.
        Enforcement is a critical component of our administration's
    trade agenda. Manufacturers, farmers, and ranchers do not
    always get the full benefits of our trade agreements. Workers
    and communities suffer due to unfairly traded imports. This
    creates a trust gap with the public, which is why enforcement
    is needed as part of our worker-centric trade policy.
        For example, using the Rapid Response Mechanism in the
    U.S.-Mexico-Canada Agreement, we asked the Government of Mexico
    to review whether workers at four facilities in Mexico were
    denied the rights of free association and collective
    bargaining. Thanks to the operation of this mechanism, workers
    at the General Motors facility in Silao, Mexico, voted for a
    new union that negotiated a better contract, which will provide
    higher wages, and that is good for American workers.
        Our enforcement efforts also helped to protect the
    environment. We initiated consultations with Mexico to prevent
    illegal, unreported, and unregulated fishing. We also reached
    an agreement with Vietnam to keep, illegally harvested or
    traded timber out of the global supply chain.
        Finally, we are pressing Canada to fulfill its commitment
    to U.S. dairy farmers and producers, and recently initiated a
    second set of dispute settlement consultations over Canada's
    tariff-rate quota restrictions. Canada's actions continue to
    prevent U.S. dairy producers from receiving the benefits
    promised in the USMCA. We will not give up until our farmers
    see those promises delivered.
        The next major component of our trade agenda is the
    realignment of the U.S.-its commitments under the Phase One
    Agreement. Several rounds of difficult discussions made clear
    the limits of the PRC's interest in delivering on those
    obligations.
        And that is why it is time for us to turn the page on the
    old playbook. The PRC's non-market industrial policies unfairly
    target U.S. workers, businesses, and key sectors. We have to
    use all available tools, and develop new tools, to defend our
    economic interests and values.
        President Biden recognizes market economies must act in
    concert to confront policies that are fundamentally at odds
    with the modern trading system. And that is why we have also
    brought a renewed focus to engagement with our partners and
    allies, who also are negatively impacted by the PRC's unfair
    trade and economic practices.
        Beyond this cooperation, we are deepening our engagement
    with key trading partners through new and existing bilateral
    and multilateral agreements and arrangements.
        Last month, I joined President Biden to launch the Indo-
    Pacific Economic Framework for Prosperity. We are developing
    high-standard commitments for the digital economy, labor,
    environment, agriculture, and trade facilitation that promotes
    resilience and facilitates sustainable economic growth for our
    workers and for our planet.
        We also announced the U.S.-Taiwan Initiative on 21st-
    Century Trade in June. Under the auspices of the American
    Institute in Taiwan, and the Taipei Economic and Cultural
    Representative Office, we are developing concrete ways to
    strengthen this bilateral trade and investment relationship.
        And beyond the Indo-Pacific region, we have stepped up our
    trade engagement in many other areas, most recently, at the
    World Trade Organization. During the WTO's 12th Ministerial
    Conference last week, the United States helped produce
    breakthroughs on key issues, including: A multilateral
    agreement to prohibit subsidies for those engaged in illegal,
    unreported and unregulated fishing; an extension of a
    moratorium on customs duties, on electronic transmissions, a
    modification of intellectual property protections for COVID
    vaccines, for the COVID pandemic, and a ministerial declaration
    on food insecurity, and a commitment to examine how we can,
    together, facilitate safe agricultural trade to feed a growing
    global population.
        We are also building on our bilateral engagement with our
    transatlantic partners. Last year we reached an understanding
    in the Boeing-Airbus dispute and adopted a framework to resolve
    the Section 232 steel and aluminum trade disputes that removed
    or avoided more than $20 billion in tariffs, all without
    surrendering our principles and our interests.
        Lowering those tensions helped us begin negotiations on a
    global arrangement with the European Union. This will be the
    world's first sectoral arrangement on steel and aluminum trade
    to tackle emissions and non-market excess capacity. We also
    regained access to the EU market for American shellfish for the
    first time in a decade, and recently concluded the Second
    Ministerial Meeting of the U.S.-EU Trade and Technology
    Council.
        Our work to use trade as a collective policy tool to raise
    standards in the world economy extends to our efforts directed
    at eliminating the use of forced labor in global supply chains.
        On June 21, which was yesterday, the Forced Labor
    Enforcement Task Force launched its enforcement strategy of the
    Uyghurs Forced Labor Prevention Act to prohibit the importation
    of goods produced entirely, or partially, in the Xinxiang
    Autonomous Region of the PRC, or produced by certain entities.
        As you can see, we have an ambitious and important agenda.
    I look forward to working with the subcommittee to enact our
    fiscal year 2023 budget request, so that USTR can fulfill this
    agenda on behalf of the American people. Thank you.

        [The statement follows:]
    Prepared Statement of Ambassador Katherine Tai, the United States Trade
                                 Representative
        Good morning, Chair Shaheen, Ranking Member Moran, and Members of
    the Subcommittee. Thank you for inviting me to discuss President
    Biden's fiscal year 2023 budget request to support the Office of the
    United States Trade Representative (USTR).
        Before I begin, I want to be clear that Congress is our
    constitutional partner on trade and close collaboration is critical to
    developing successful trade policy.
        The President's budget request for fiscal year 2023 features $76.54
    million for USTR. This includes $61.54 million available directly to
    USTR and $15 million allocated through the Trade Enforcement Fund.
        This request will help the agency enforce our existing trade
    agreements, strengthen ties with allies and partners, and advance
    President Biden's new approach to trade policy that supports the middle
    class, improves labor and environmental standards and creates inclusive
    prosperity and new opportunities for our workers, farmers and
    businesses.
    Enforcement
        Our Administration is committed to enforcement as a critical
    component of our trade agenda. Manufacturers, farmers and ranchers do
    not always get the full benefits of access to new markets and too many
    workers and communities suffer due to unfairly traded imports. This has
    created a trust gap with the public and is why enforcement is a key
    component of our worker-centered trade policy.
        For example, using the Rapid Response Mechanism in the United
    States-Mexico-Canada Agreement, we asked the Government of Mexico to
    review whether workers at four facilities in Mexico were denied the
    rights of free association and collective bargaining. Thanks to the
    operation of this mechanism, workers at the Silao GM facility voted for
    a new union that negotiated a better contract, which will pay workers a
    higher wage.
        Our enforcement efforts have also helped protect the environment.
    We initiated consultations with Mexico designed to prevent illegal,
    unreported, and unregulated fishing. We also reached an agreement with
    Vietnam to keep illegally harvested or traded timber out of the global
    supply chain.
        Finally, we continue to press Canada to fulfill its commitment to
    U.S. dairy farmers and producers, and recently initiated a second set
    of dispute settlement consultations over its tariff-rate quota
    restrictions. Canada's actions are preventing U.S. dairy producers from
    receiving the market access benefits promised in the USMCA and we will
    not let up.
    China
        The next major component of our trade agenda is the realignment of
    the U.S.-China trade relationship.
        In October, I announced a new strategy to re-align our engagement
    with the PRC, which would begin with direct discussions with its
    leaders.
        We pressed the PRC to live up to its commitments under the ``Phase
    One Agreement.'' Several rounds of difficult discussions made clear the
    limits of the PRC's interest in delivering fully on those obligations.
        This has become part of a pattern. The United States has repeatedly
    sought and obtained commitments from China, only to find that lasting
    change remains elusive.
        That is why we need to turn the page on the old playbook. The PRC's
    non-market industrial policies unfairly target U.S. workers,
    businesses, and key sectors. We have to use all available tools, and
    develop new tools, to defend our economic interests and values.
        President Biden also recognizes that our ability to defend against
    unfair PRC economic practices requires that market economies act in
    concert to confront policies and practices that are fundamentally at
    odds with the modern global trading system. That is why we have also
    brought a renewed focus to engagement with our partners and allies, who
    also are negatively impacted by the PRC's unfair trade and economic
    practices.
    Strengthening and Deepening our Trade Relationships
        Beyond this cooperation, we are deepening our engagement with key
    trading partners through new and existing bilateral, plurilateral and
    multilateral agreements and arrangements.
        Look no further than our renewed engagement with the Indo-Pacific.
        I was proud to join President Biden last month to launch the Indo-
    Pacific Economic Framework (IPEF) for Prosperity. USTR is leading the
    discussions on IPEF's trade pillar
        I recently held a productive meeting with our 13 partners in Paris
    to discuss our vision and priorities for this pillar. We are beginning
    to develop high-standard commitments across several areas including the
    digital economy, labor, environment, agriculture, and trade
    facilitation that support our larger goals of promoting resilience and
    facilitating sustainable and inclusive economic growth that benefits
    our workers and our planet.
        We also announced the U.S.-Taiwan Initiative on 21st-Century Trade
    earlier this month, under the auspices of the American Institute in
    Taiwan (AIT) and the Taipei Economic and Cultural Representative Office
    (TECRO), to develop concrete ways to strengthen our trade and
    investment relationship with Taiwan and advance our mutual economic
    priorities.
        Beyond the Indo-Pacific region, we have stepped up our bilateral
    and multilateral engagement at the G7, G20, OECD, Summit of the
    Americas, and, most recently, at the World Trade Organization.
        We also continue to build on our bilateral engagement with our
    Transatlantic partners. In the last year, we reached an understanding
    in the Boeing-Airbus dispute and adopted a framework to resolve the
    Section 232 steel and aluminum trade disputes that removed or avoided
    more than $20 billion in tariffs--without surrendering our principles
    and interests.
        Lowering those tensions helped pave the way for us to begin
    negotiations on a global arrangement with the EU. While our discussions
    are still ongoing, this will be the world's first sectoral arrangement
    on steel and aluminum trade to tackle both emissions and non-market
    excess capacity. We also regained access to the EU market for American
    shellfish for the first time in a decade, and just recently concluded
    the second ministerial meeting of the US-EU Trade and Technology
    Council.
        Our work to use trade as a collective policy tool to raise
    standards in the world economy extends to our efforts directed at
    eliminating the use of forced labor in global supply chains. We are
    doing our own part to set the pace of this important work. On June 21,
    the Forced Labor Enforcement Task Force launched its enforcement
    strategy of the Uyghur Forced Labor Prevention Act in order to prohibit
    the importation of goods produced entirely or partially in the Xinjiang
    Autonomous Region of the PRC or produced by certain entities.
        The U.S. Customs and Border Protection, in coordination with USTR,
    has issued withhold release orders in 35 instances over the years that
    flag products coming from the PRC produced partially or entirely with
    forced labor. This includes 11 active WROs on products from Xinjiang.
        I look forward to working with this subcommittee to enact our
    fiscal year 2023 budget request so that USTR can fulfill this agenda on
    behalf of the American people.

        Senator Shaheen. Thank you very much Ambassador Tai.
        I would like to begin with the 301 Tariffs and the
    exclusion process. I was pleased to have the chance to talk
    with you a little bit about this on the phone this week, and I
    think this hearing gives us an opportunity to explore what USTR
    is thinking with respect to the exclusion process, and how this
    process is going to move forward.
        So, I want to--as I referenced in my opening statement, the
    2022 Omnibus Appropriations Bill included a directive for USTR
    to what I am quoting here, ``Immediately establish and
    administer an exclusion process for U.S. businesses seeking
    relief from section 301 Tariffs that are active as of the date
    of enactment of this act.'' End quote.
        So more than 3 months have passed, and it is not clear what
    process has been established, and again, as we discussed this
    is a process that is essential for many of our New Hampshire
    businesses. I am sure everybody on this subcommittee has
    examples in their own States of how businesses are affected.
        So, can you update us on how USTR is planning to comply
    with this congressional directive?
        Ambassador Tai. Thank you for that question, Senator
    Shaheen. I appreciate the attention that you and the
    subcommittee have paid to the tariff exclusion process, and I
    know the particular leadership that this subcommittee has
    played in the history of the tariff exclusion process. The
    purpose of the Section 301 investigation, and associated tariff
    action is to address China's unfair trade practices.
        The existing tariffs are there to address China's IP rights
    abuses, and also forced tech transfer practices. At the same
    time, we are committed to ensuring that the 301 tariffs support
    the Biden-Harris administration's deliberative long-term vision
    for realigning the U.S. China trade relationship with our
    priorities.
        So let me just say this, I think that you and, in general,
    our Members of Congress have been extremely articulate and
    effective in advocating for your constituents in terms of--as
    Senator Moran mentioned--very challenging economic
    circumstances that we have all found ourselves in over these
    past several years.
        What I would like to let you know, is that at my office,
    USTR, we are taking into consideration in the design of the
    tariff exclusion processes that we have implemented, and the
    ones that we are looking to implement in the future, all the
    feedback that we have gained from Congress and our stakeholders
    including the results of a GAO Report addressing the past
    administration of the 301 exclusion process.
        So, what I would like to convey to you is that we, in the
    Biden administration, are moving forward with respect to the
    entire China trade relationship, including the tariffs and the
    requests for an exclusion process, with a deliberativeness to
    ensure that any exclusion processes that we implement, and have
    implemented are fair, transparent, administrable, and give our
    stakeholders the opportunity to make their case for relief at a
    very challenging time in our economy, and the world economy.
        Senator Shaheen. Well, thank you. I appreciate there are a
    lot of considerations when it comes to tariffs, particularly
    when we are looking at the actions of China. But you called
    what Congress is asking ``a request'', it is not a request,
    Ambassador Tai, it is a directive. And I wonder if you will
    commit to us and the subcommittee that you are going to comply
    with this directive, and give us some sort of a timeframe on
    when you expect that to happen?
        Ambassador Tai. Senator Shaheen, on this one I think I
    would direct you to the President's comments over the weekend,
    that with respect to China tariffs, and next steps on actions,
    they are pending with him right now.
        Senator Shaheen. So, are you suggesting that the
    subcommittee needs to refer this issue to the President and ask
    him when USTR is planning to comply?
        Ambassador Tai. I think what I am saying to you, Chair
    Shaheen, is that these issues are under consideration for a
    decision as we speak right now.
        Senator Shaheen. Thank you. Senator Moran.
        Senator Moran. Senator Shaheen, thank you for your
    highlighting the directive nature of what Congress has told the
    USTR Ambassador to do. And while it may take a short amount of
    time in order to accomplish that, we have seen no evidence that
    the requirement, the directive is being followed.
        Ambassador, the pinch of input costs is soaring and very
    damaging to American agriculture producers. The invasion of
    Ukraine has only heightened the demand for food production, but
    tariffs on fertilizer represent an opportunity for you to
    relieve some of the pressure on the agricultural community.
    Many of these duties are put in place by the Department of
    Commerce. Yet USTR can and should play a role, certainly in
    expanding markets.
        But what can you do? I am talking about phosphates from
    Morocco. This administration placed countervailing duties on
    fertilizer ingredients coming from Trinidad and Tobago. What
    can you do to help lower the cost of imported fertilizer
    components?
        Ambassador Tai. Ranking Member Moran, I know how important
    agricultural production is to the U.S. economy, but also how
    important our agricultural production is to the world economy,
    and to food security, frankly. And I am also keenly aware of
    the exacerbations on global trade and supply that Russia's
    decision to invade Ukraine has inflicted on all of us.
        With respect to fertilizer trade and supply, and what USTR
    can do about it, let me say this: I consider Secretary Vilsack,
    our agriculture secretary, to be one of my most important
    partners in the administration, and frankly one of my closest
    friends, personally. We have been working together very closely
    on food security issues, writ large, but also specifically on
    the fertilizer pinch that we are all in.
        We have been working closely with USDA, both between myself
    and the Secretary, and also our teams, to encourage feedback
    from a variety of our stakeholders on USDA's American-made
    fertilizer initiative, that provides a $250 million grant for
    domestic production of fertilizer.
        USTR is also working with the inter-agency to encourage
    multilateral development banks, the FAO, the Food and
    Agriculture Organization, and the International Fund for
    Agricultural Development to finance projects to expand
    fertilizer production, as well as increase the efficient use of
    fertilizer and precision agriculture.
        Both areas where American farmers are, frankly, at the
    leading and cutting edge of practice in the world, and we will
    continue to work internally within the administration, and with
    our allies and partners to find additional ways to mitigate the
    global fertilizer shortage, and prevent similar shocks in the
    future.
        The additional thought that I would offer you in your
    description of the pinch that we are in is--and I think that
    this is an issue that presents itself across the board in many
    different areas, and I will be glad to highlight them--is one
    of the biggest challenges that we have right now is how to
    responsibly and effectively react to, respond to the current
    economic challenges and shocks that we have, but with an eye to
    ensuring that we are building towards a future system that is
    more resilient, that does not throw us back into the crisis
    that we are encountering today.
        Senator Moran. Ambassador I know Secretary Vilsack well,
    myself, and I have encouraged him to be a voice for
    agriculture, for agricultural producers throughout this
    administration, so I appreciate that you are consulting and
    working with him, and he is working with you.
        But your answer, it seemed to me, was a list of things that
    we are attempting to do but did not include anything on that
    list about actually eliminating the tariffs or the
    countervailing duties that have been imposed on the phosphates,
    and other fertilizer components that come into the United
    States.
        Ambassador Tai. If I may respond to that specifically, the
    anti-dumping countervailing duty programs are run out of
    Commerce. And your specific question is: ``What can we do at
    USTR'', and that was the filter through which I was responding.
        Senator Moran. And so is the answer that you have nothing
    to do with eliminating those countervailing tariffs and duties
    at the Department of Commerce?
        Ambassador Tai. They are not my programs, but I am happy
    [speak] with Secretary Vilsack to have those conversations with
    the Commerce Secretary.
        Senator Moran. Please do. I have had those conversations
    with the Secretary, myself.
        Madam Chair, I don't think I have the time for another
    question.
        Senator Shaheen. Thank you. Senator Coons.
        Senator Coons. Thank you, Chair Shaheen, Ranking Member
    Moran.
        Great to be with you, again, Katherine. U.S. Trade
    Representative Tai, I appreciate your time before our
    subcommittee, and look forward to working with the Chair to
    pursue our directives to the administration, and our
    prerogatives.
        I am grateful for the work that you are doing, and your
    accomplishments. I am particularly encouraged to hear the
    progress on IUU fishing, your openness to working together on
    promoting Delaware's chicken exports, our favorite protein,
    which for those who have other proteins they really care about,
    I am happy to go to bat with anyone about why chicken is the
    low-fat, high protein, low cost, low environmental impact
    protein that the world needs today.
        Senator Shaheen. No commercials here; come on.
        [Laughter.]
        Senator Moran. Your reputation for bipartisanship, you are
    exceeding your capabilities here.
        Senator Coons. Thank you for what I think was a marathon
    WTO Ministerial in Geneva, and for your work there. And you
    know, frankly I have just two quick questions. But I would love
    to hear what you see as the path forward in our trade relations
    with China, and in trying to make the WTO relevant and
    effective in some way.
        China, my understanding, has agreed to exclude itself from
    the TRIPS waiver for COVID vaccines. Is that an enforceable
    commitment in any way?
        Ambassador Tai. We see it as a legally binding commitment
    that they have made at the WTO, yes.
        Senator Coons. And I would be interested in what you see as
    the path forward for plurilateral and bilateral negotiations. I
    have a bill with Senator Portman, the Trading System
    Preservation Act, which would authorize the President to
    negotiate sector-specific agreements with like-minded partners
    within the WTO system, an area that I think may be fruitful for
    work.
        And we are introducing today, the Special Relationship Act,
    Senator Portman and I; that would authorize a bilateral FTA
    negotiation with the U.K. I understand that market access isn't
    on the table, in the Indo-Pacific Economic Framework, but I am
    encouraged that the IPF has been launched. Should we be
    negotiating to open foreign markets to U.S. producers? And what
    are your priorities for these negotiations?
        Ambassador Tai. Senator Coons, that was a number of issues.
        Senator Coons. It was.
        Ambassador Tai. Well, I am going to work backwards, because
    your last question is the one that is freshest in my mind. On
    the Indo-Pacific Economic Framework it is true that market
    access is not on the table in these negotiations.
        What I would like to say on that is, when we talk about
    market access in trade terms and trade terminology, we are
    talking specifically about tariff liberalization, and that is
    what is not on the table. Nevertheless, in our trade
    agreements, and our trade arrangements, and everything that we
    do in trade it is about markets, and it is about how we work
    together.
        So, the Indo-Pacific Economic Framework is about market
    access. What I would say though is that it is not about tariff
    liberalization. It is about ensuring and building partnerships,
    and confidence in each other's markets, through our regulators,
    through these conversations, and looking at assuring the
    quality of the access that we have granted to each other,
    through existing rules on tariffs, but also looking at new sets
    of rules that frankly go beyond goods trade.
        Digital economy issues have not that much to do with
    tariffs. What is crossing borders, bits and bytes, but also
    what is crossing borders is a set of values, and a desire to
    build confidence in how we connect, how we are interconnected
    in today's economy. So, I think that this is one of the most
    important initiatives that we have ongoing, and also incredibly
    important that we are doing it with our partners in the Indo-
    Pacific region.
        Senator Coons. And what do you think might be our path
    forward in U.S.-China trade negotiations?
        Ambassador Tai. That is a question about which I,
    personally, and my agency spends a lot of our time thinking
    about, and working on. What I would like to say is that the
    public debate recently has been very, very fixated on the issue
    of the tariffs.
        What does it mean to remove the tariffs? What does it mean
    for our leverage? Let me say this, there are a set of
    challenges that we are facing right now, collectively, in our
    global economy. We need to look at the tools that we can use to
    address that. And I know this Committee has spoken with respect
    to tariff exclusions, and the tariff exclusion process.
        I just want to be clear, and put this in context, tariff
    exclusion is a temporary and targeted relief from existing
    tariffs, it does not remove the existing tariffs. That is an
    important distinction that has been lost in the public debate.
        But also the other piece of what has been lost in the
    public debate is, whatever we need to do for ourselves, in this
    relationship, around the world to get through the set of
    challenges that we are facing today, we will one day find
    ourselves on the other side of these challenges, and I think it
    is very important that what we do now, not undermine the need
    that we have to make ourselves more competitive, and to defend
    our economic interests in a global system that, for the past
    several decades, has eroded our leadership in many, many
    different areas in the economy.
        Senator Coons. Thank you. Thank you, Madam Chair.
        Senator Shaheen. Thank you Senator Coons. Senator Collins.
        Senator Collins. Thank you. Good morning, Ambassador. In
    2018 China imposed a 25 percent retaliatory tariff on U.S.
    lobsters, which obviously affects the State of Maine more than
    any other State in the Nation. Before the tariff China was the
    second-largest importer of American lobster in the world.
    During the first month under the new tariffs, however, live
    lobster exports to China declined by 64 percent.
        Now the 2020 Phase One Trade Deal required China to
    purchase more than $500 billion of U.S. exports in 2020, and
    2021. I worked very closely with your predecessor to make sure
    that lobster was specifically included in that agreement.
    According to reports, however, China purchased only $289
    billion worth of exports, nowhere near the $500 billion figure
    that was committed to.
        Now, what is frustrating to me, is I raise this exact issue
    with you when you appeared before this subcommittee last April.
    Then in February of this year I sent you a letter asking you to
    hold China accountable for the purchase commitments it made
    under the Phase One Trade Agreement. You did not even respond
    to my February letter.
        So I am going to try for the third time to get answers from
    you. What actions are you taking to hold China accountable to
    fulfill its U.S. lobster purchase commitments?
        And more broadly, what specific actions are you taking to
    respond to China's dismal purchasing record, its overall
    performance under the Phase One Trade Agreement?
        Ambassador Tai. Senator Collins, let me begin by saying, I
    am very sorry if I have not responded yet to your February
    letter. I will go home, back to my office, and rectify that
    immediately and let you know that we will do better. And you
    have my commitment with respect to correspondence with you,
    your office, and with the Congress in general.
        On China's Phase One commitments, specifically with respect
    to lobster, which I know is very important to you and your
    constituents in the State of Maine; let me, if you will allow
    me, put that in the larger context of China's purchase
    commitments in Phase One, because those are the most public-
    facing of the commitments that they made in the Phase One
    Agreement, and the ones that are most easily checked, and
    visible to everyone who has access to public trade data.
        It has been very clear to us that China did not hit its
    targets in a number of areas, including with respect to
    lobsters in the Phase One commitments that they made to the
    United States Government.
        We have spent several months, starting in October, having
    discussions with China around how they are going to fulfill
    those commitments now that we see that the numbers do not match
    up. I thought it was well worth having that conversation with
    China, because I have always perceived, and seen, in my
    experience with China, that China does care about its
    international credibility.
        What we have seen, however, through these conversations, is
    that that has not been enough to motivate China to make good on
    these purchase commitments in particular. That is what is
    leading us to conclude that it is time to turn the page on the
    old playbook. We do need to enforce our rights with respect to
    China, and we do need to defend the interests of our entire
    economy including our lobster people, lobster men, and lobster
    women, our manufacturers, our workers, our ranchers, our
    producers.
        And I feel very strongly that we need to take a new and
    more comprehensive look at enforcing those rights, and
    defending those interests with respect to China. And that is
    what we are doing right now at USTR.
        Senator Collins. I look forward to getting more specificity
    from you, in writing.
        Madam Chair, I know my time has expired, so I would ask
    unanimous consent that additional questions that I have, one
    supporting the point that both you and the Ranking Member made
    on 301 tariffs exclusions, and the other on Softwood Lumber
    Agreement which is very important, be submitted for the record,
    and I hope I will get answers.
        Senator Shaheen. Without objection.
        Senator Collins. Thank you.
        Senator Shaheen. Senator Hagerty.
        Senator Hagerty. Thank you, Chair Shaheen, and Ranking
    Member Moran for holding this hearing. Ambassador Tai, it is
    good to see you today. I would like to talk with you about the
    China tariffs that were put in place by the previous
    administration, and specifically, I would like to talk about
    the negotiating leverage that those tariffs provide.
        I can tell you from personal experience that when those
    tariffs were imposed on China that it was felt around the
    world. It demonstrated, particularly to Japan, the third
    largest economy in the world, that we were serious about
    leveling the playing field for American producers. It helped us
    open significant new markets for American agriculture, and
    importantly, it allowed us to establish a very high standard
    digital trade agreement.
        Ambassador Tai, I understand that China is not living up to
    the commitments that it has made under Phase One, you have
    talked about that at length. My question for you is: Wouldn't
    removing these tariffs simply encourage more bad behavior? What
    kind of message would it send to China?
        Ambassador Tai. I appreciate that question very much,
    Senator Hagerty, because at USTR we are responsible for the
    formulation of American trade policy, and guiding the U.S.
    economy through challenges, and opportunities that are
    presented today, but really to set up the American economy for
    success in the future. The China tariffs are, in my view, a
    significant piece of leverage, and a trade negotiator never
    walks away from leverage.
        The question for us, and this is something that we have
    done in the Biden administration, with respect to a number of
    different Section 301 investigations, and tariff actions is:
    How do you convert this leverage into a strategic program that
    will strengthen American competitiveness and defend our
    interests in a global economy in which China will continue to
    play?
        We need to use our tools more effectively. We need new
    tools. We need to bring an entirely new approach. And I think
    that all of those things are built on the back of the tools
    that we have in our hands right now.
        Senator Hagerty. I certainly think sustaining leverage from
    the standpoint of a business person, which I have been on my
    life, is a critical factor here. I hear the argument that it
    will have an impact on inflation. Look, inflation didn't take
    off when the tariffs were imposed it stayed, you know, at or
    below 2 percent when the tariffs were originally imposed. So I
    think that is a false argument. And I appreciate the fact that
    you appreciate the leverage that you have, and encourage you to
    use it.
        I would like to turn now to the Indo-Pacific Economic
    Framework, the so-called ``IPEF''. You have met with
    representatives from the 13 countries that participate in the
    Indo-Pacific Framework, and many experts have argued that the
    IPEF is too vague, it lacks substance, and perhaps that was the
    price of convincing more countries to join the framework.
        But as you focus on making IPEF more substantive, I urge
    you to build on the successes of our Nation's prior engagements
    in Asia. And specifically, I would like to talk about my
    experience when I was U.S. Ambassador to Japan, as we
    negotiated the U.S. Japan Digital Trade Agreement. It is
    comprehensive, it is a high standard agreement that addresses
    digital barriers, and I think it holds great potential.
        So Ambassador Tai, I would like to ask you your thoughts on
    whether you have considered looking at the U.S.-Japan Digital
    Trade Agreement, and perhaps using its provisions, parts
    thereof, that have been fully negotiated, as a standalone
    sector-specific trade agreement in the region?
        Ambassador Tai. Well, Senator Hagerty, thank you so much
    for sharing your experiences. I think that in this
    administration we are picking up on those relationships, and I
    do agree that there is a lot of energy in this region, and also
    worldwide, for trade conversations and trade work to be done
    with respect to the digital economy, how we can work together,
    how we can formulate rules, how we can establish common
    understanding to facilitate the growth in this part of our
    economy.
        So, that is absolutely a part of the Indo-Pacific Economic
    Framework that we are working on. I think what I would like to
    say with respect to the standalone sectoral approach, however,
    is that we are actually much more ambitious about what we can
    accomplish, and what we should accomplish, with respect to our
    partners in this region.
        And so, while digital will be an integral part of what we
    are bringing to the negotiations and the conversation in the
    Indo-Pacific, it will not be the only one because digital
    itself implicates so many aspects of our economy, so many of
    our stakeholders. It needs to be, itself, a comprehensive and
    robust approach to digital economic and trade relations.
        Senator Hagerty. I think it will present a good example.
        Ambassador Tai. And also be part of a larger package.
        Senator Hagerty. And I look forward to working with you on
    that. But one last point, I would like to discuss a very
    worrying development that is occurring in Mexico. And Mexico is
    one of the United States most important international partners,
    and it is our closest neighbor to the south. There are many
    difficult issues that we are trying to deal with Mexico, but
    our robust economic relationship should provide a firm
    foundation to strengthen and stabilize our efforts with an eye
    toward our future relationship there.
        But actions over the past year by the government of the
    current President, Andres Manuel Lopez Obrador, have weakened
    that bond, and are threatening the economic ties of our two
    nations.
        Last month, nine of my colleagues joined me to send a
    letter to President Biden to address the Mexican Government's
    aggression toward U.S. companies, particularly the arbitrary
    and punitive actions recently taken against Vulcan Materials.
    Vulcan Materials is a strategic supplier, particularly to the
    southeast part of the United States because of how we build our
    infrastructure.
        So Ambassador Tai, we have yet to hear back from President
    Biden. I know you have weighed in on this topic with the
    Minister of Economy in Mexico. We can't tolerate our nearest
    neighbor to the south, basically, nationalizing American
    companies' assets. It is extremely damaging to our Nation's
    working relationship. And I hope that you will commit to taking
    an immediate action to help address these illegal actions.
        Ambassador Tai. Senator Hagerty, are you speaking with
    respect to Mexico's energy policies specifically, or across the
    board?
        Senator Hagerty. No. I am speaking to the fact that Mexico
    has nationalized a piece of a mining operation that is
    responsible for sending aggregate into the Gulf of Mexico, and
    basically we are dependent on it, not only in Florida, but all
    the way through the southeast.
        Ambassador Tai. Thank you for that clarification. Let me
    assure you that one message that I hope is conveyed very, very
    clearly through my participation in this hearing, is the
    commitment of the USTR to the enforcement of all of our trading
    rights. And I want to assure you that my team is working on all
    aspects of these issues.
        And I can assure you that we will not rest. Enforcement is
    a critical piece, and we are working on the challenges that we
    have in Mexico.
        Senator Hagerty. Yes. I appreciate. Yes, I appreciate your
    diligence there.
        Ambassador Tai. Thank you.
        Senator Hagerty. I have heard it also strongly from the
    energy community as well, that this is also an issue for them.
        Ambassador Tai. Thank you, Senator Hagerty.
        Senator Hagerty. Thank you.
        Senator Shaheen. Senator Feinstein would be next, but this
    is her birthday, so we are going to give her plenty of time to
    settle in, and get ready, and go to Senator Braun.
        Senator Braun. Thank you, Madam Chair.
        One of the great successes of the Trump administration I
    think was reorienting Washington's focus on national security,
    economic threats posed by the Communist--China Communist Party.
        The way I look at, in the geopolitical landscape, they are
    playing with a chessboard, and we seem to be very reactive.
    Everything I see that they are doing is incrementally building
    up their military capabilities, but I really think they intend
    to win economically. Day-by-day, month-by-month, year-by-year,
    to where when that day comes, when they probably will
    inevitably be a larger economy than ours, they have certainly
    become skilled state capitalists, will wonder: Did we make the
    right moves along the way?
        I am concerned that they have the ability, they are
    patient, I view them as a saving, and investing country, their
    Road and Belt Program tells you that. I think they are hedging
    their bets there, as they increasingly do things that make them
    less than a handshake business partner. I won't repeat all of
    it, but the intellectual property issue that they seem to go
    after with impunity, they way over produce, look at our steel
    industry, they have got half the world's capacity, dump the
    gluts on the market.
        We have got to be careful. Ideally, in a world that works
    right you have the ability to have free trade, in places where
    it is not fair and free, we had better be careful.
        President Trump's 301 tariffs were successful in bringing
    the CCP to the table, put real pressure on the Chinese
    Government. Moving forward, I think they help us reduce
    reliance on the Chinese market, and by the way, they are a
    trading economy. We are not, but we accommodate them mostly for
    our propensity to import, consume, and spend.
        All kind of abstract considerations that, to me, they are
    getting the winning end of the bargain at this point. That is
    why I am concerned about the one tool, to limit USTR's
    flexibility with restrictions on 301, that tool there, we can't
    do that.
        Do you agree that the USTR must have the flexibility to
    design an exclusion process that also maintains sufficient
    economic pressure to go along with it?
        Ambassador Tai. Senator Braun, I absolutely agree with
    that.
        Senator Braun. Well, that is great because I think the
    proof will be in how we practice it. Would you care to
    elaborate in some detail how you see our relationship with
    China evolve over the next half-a-decade to a decade, and what
    your main concerns are, about how they are playing the game,
    versus how we are reacting to it?
        Ambassador Tai. Thank you so much for this opportunity,
    because I think that this is absolutely the question that we
    need to focus on with respect to positioning the American
    economy today for the future, and for future success.
        Let me begin by saying this, unless we define the problem
    there is not going to be a good way for us to assess whether or
    not we are solving it, whether or not we are being effective. I
    think that----
        Senator Braun. Are you doing well at defining it now?
        Ambassador Tai. Well, the Section 301 investigation that
    was launched by the Trump administration that you referenced
    addressed a very legitimate and deep problem that we have had
    with Chinese economic practices, which is with respect to
    intellectual property rights and forced tech transfer
    practices.
        But that is not the sum total of the challenge that we
    have, and I think that in your comments you have started
    getting at the contours of the challenge that we have, which is
    a fundamental economic incompatibility between a very, very
    market-based economy that we have here in the United States and
    very strict division between the State and the private sector,
    and a Chinese economy through which the Chinese State's
    interests and control and direction extend.
        To your point about, you know, it would be great if we
    could have free trade?
        Senator Braun. Mm-hmm.
        Ambassador Tai. But you have to know who you are competing
    against. I always come back to the David Ricardo, ``Econ 101'',
    where you have comparative advantage. And if you have got, you
    know, two islands, both of them producing bananas and making
    boats, but one of them has the conditions for producing
    bananas, and the other one, say, has more engineers. The logic
    is that, you know, you should have one focus on making boats,
    and the other one make bananas. They can trade and everybody is
    better off.
        The problem is that that is not the world that we live in,
    and especially if you expand out that economic model and you
    say it is not just two products that our economies make, but
    let us say there are 25 products that our economies make, and
    then you look at the theory of comparative advantage, and then
    you realize the advantages are not always natural.
        When you are--when you are working with another economy,
    even in the simplistic model, where that economy is not--is a
    state capitalist model, that economy is going to be able to
    target and take over entire industries and create advantages
    that the market-based economy doesn't have.
        That is the fundamental challenge that we have, and unless
    we start focusing on identifying that as the problem, and
    thinking through how we address it, I think that we condemn
    ourselves to repeating cycles of experiences that we have had
    from steel and aluminum, to solar. Right now, the Chinese
    Government, the PRC, is looking very closely at semiconductors,
    and a number of other strategic industrial areas that are going
    to be critical for our future, and our future competitiveness.
        And so, from me to you, my answer is, we need to be keeping
    our eye on the ball on this bigger picture, and with respect to
    all of the economic challenges and the pinches that we and
    Americans are experiencing right now, it is our responsibility
    to do what we can to provide that relief.
        But I will just be very, very clear, with respect to
    tariffs and trade tools, we can impact the design of our
    competition, and we can impact the competitiveness of our
    economy in the medium and the long term. With respect to short-
    term challenges, there is a limit to what we can do with
    respect to, especially inflation.
        Senator Braun. I agree. Thank you.
        Senator Shaheen. Thank you, Senator Braun.
        Senator Braun. The long run is always the bigger
    consideration, and it is tough to navigate correctly through
    the short run. But it sounds like you got a handle on it. Thank
    you.
        Senator Shaheen. Thank you, Senator Braun. Senator
    Feinstein.
        Senator Feinstein. Thank you very much. I am really
    delighted to welcome you here. And I wanted to talk a little
    bit about China and China trade. When I became Mayor of San
    Francisco one of the first things I did was develop what was
    called a ``sister city relationship'' with Shanghai.
        And over the years we had some 50 different trade efforts,
    ongoing, leading from San Francisco and other areas in
    California, and I think, particularly when Jan Zeman (ph.)
    became President that was sort of a heyday for us.
        So the relationship has always been a very positive and
    good one. You have said that the United States must enforce
    terms of the Phase One Agreement, and you have outlined
    principles for a multilateral trade approach to China, and the
    discussions with China are taking place.
        It would be really helpful for me to hear more of the
    detail about what concrete steps are being taken to move this
    relationship forward. I say this as a Californian. We believe
    it is the Century of the Pacific, and that these relationships
    are extraordinarily important.
        Ambassador Tai. Thank you so much, Senator Feinstein. And
    let me add my congratulations to Chair Shaheen, on the occasion
    of your birthday.
        Again, the U.S.-China relationship, as I have said before,
    because it is true, is one of profound consequence. We are the
    two largest economies in the world, and how we relate to each
    other affects----
        Senator Shaheen. Ambassador Tai.
        Ambassador Tai. Yes.
        Senator Shaheen. Can we ask you to put the mic a little
    closer. Thank you.
        Ambassador Tai. Absolutely. How we relate to each other
    affects not just workers and businesses, communities,
    businesses large and small in our own economies, but how we
    relate to each other impacts the entire world. And that is
    very, very clear for all of us to see.
        And so, in terms of the realignment that we talk about in
    the Biden administration that we know that the United States
    needs to have with China in trade and economics, it means that
    the status quo and the way things have been cannot--cannot
    continue.
        In order to be able to compete, in order for our workers
    and our businesses to have an opportunity to thrive, we need to
    fundamentally adjust how we relate to each other, and we need
    to expand the set of tools that we use, we need to expand the
    way that we use our tools----
        Senator Feinstein. May I be so rude as to interrupt you.
    How would you do this? That is the question. And what parts of
    the government? Because it has seemed to me that over the years
    that China works very differently than the United States does;
    and you really start with personal relationships, and then you
    build them into business relationships, which is sort of
    contrary to how we trade. But that is what I have learned in my
    interaction as Mayor of San Francisco and trying to build trade
    for California.
        Ambassador Tai. You are absolutely correct. Personal
    relationships, whether they are in the U.S. Congress or they
    are in international economic relations, do define possibility.
    I will share with you that over the course of the past, almost
    year-and-a-half of my time in my position, that I think that
    the U.S.-China relationship has really suffered from the COVID
    pandemic, and policies that the Chinese Government has taken
    with respect to managing COVID.
        There have been very, very few in-person interactions
    between members of our administration, and the members of the
    Chinese government. I think that those conversations are very,
    very important, but what I also want to make clear is that in
    those conversations we, as the United States, have to be
    extremely clear and extremely clear-eyed, and unrelenting about
    our interests.
        We do not need to get emotional about the challenges that
    we have, but it is absolutely incumbent upon us to be as tough
    as we need to be in order to navigate a future where the United
    States, and China are economies in this world that need to be
    able to compete on fair terms.
        Senator Feinstein. Thank you. Thank you.
        Senator Shaheen. Thank you, Senator Feinstein. Senator
    Murkowski?
        Senator Murkowski. Thank you, Madam Chair.
        Ambassador Tai, welcome, good to see you. I am looking
    forward to your visit to Alaska next week. And in that vein, I
    wanted to broaden the discussion here, obviously a great deal
    of focus on China, where we are with the Section 301 tariffs.
    Our reality, though, is that China is now importing 50 percent
    more seafood than it did in 2017.
        Unfortunately, China is sourcing this seafood from other
    nations. Our producers are not fairly able to access the
    growing market due to tariffs--you understand, above everyone,
    the background on this.
        In 2020 and 2021, China's seafood purchases of U.S. seafood
    product were down--44 and 38 percent respectively, relative to
    the 2017 baseline. So you are going to be North next week, you
    are going to be talking with folks in the resource sector, but
    particularly those in the seafood sector. You will have an
    opportunity to go out and be on the ground, and see what it
    really means to these local and regional economies.
        So the question that I would ask you this morning is, what
    are you going to share with them, in terms of what efforts this
    administration is making to help address these tariffs that
    have been so, so harmful to the U.S. seafood industry, and more
    specifically, to the Alaska industry?
        And as you respond to this question, recognize that beyond
    China the reduction of trade barriers to seafood markets in
    Japan, the European Union, and the U.K., these are all also
    priorities for us. So can you speak to the Alaska seafood
    issues, and the tariffs that that folks have been operating
    under for far too long?
        Ambassador Tai. Well, thank you Senator Murkowski. And I am
    also looking forward to the trip to Alaska, which follows on
    the invitation you extended me at this hearing last year. I
    have never been to Alaska before. But even more, the reason why
    I am looking forward to this is precisely to have the types of
    conversations that you have just outlined are awaiting me in
    your home State. Every time I travel out into the United
    States, especially places I have never been before, and have
    these conversations, I learned something new.
        And I will just share with you. In mid-April, I made a trip
    out to Oregon and the Oregon Coast and met with some fishermen
    at Senator Wyden's invitation. Senator Merkley was there as
    well. Those conversations really helped to inform me, with
    respect to the real world, the real impact on real members of
    our communities, in the WTO fisheries subsidies negotiations
    that we just had last week, and how important it is to engage
    in establishing rules for ensuring that in fisheries, that we
    have a sustainable approach, and we have fair parameters for
    the world's fishermen to engage in.
        Senator Murkowski. Let me let me go ahead and interrupt,
    because I have one more question that I want to ask. You will
    get an earful. You will get an earful, and you will see it for
    yourself, and our hope and the reason for the invitation, not
    only for myself, but Senator Sullivan, is so that we can see
    action in this area.
        I wanted to shift just very briefly here with regards to
    Arctic, and our friends in the Arctic, most notably Iceland.
    Iceland is a great friend of ours. We have got good strong
    relationships through Arctic strategy, and transatlantic
    relations. U.S. is the fifth largest import and export market
    for Iceland.
        Iceland has made tremendous gains in its renewable energy
    sector, we have got a--we have got a great relationship again.
    China, a non-arctic Nation on the other side of the globe, has
    recently signed a free trade agreement with Iceland. The people
    in Iceland are saying: Why not us? Why not us? You run risks I
    think when we discourage countries from doing business with
    autocracies, whether it is China and Russia. But then we don't
    offer them any viable alternatives.
        We say we will be there for you, but we are not going to
    enter into the free trade agreement. Your comments to why this
    has not been addressed, at least in a significant way. I know
    the ask has been out there for some time because I have been
    part of those discussions, so any update that you might have on
    an Iceland Free Trade Agreement?
        Ambassador Tai. So unquestionably, Iceland is an important
    trading partner. In fact, I met my Icelandic counterpart in
    Geneva last week at the WTO. I think that all the reasons that
    you have raised in terms of enhancing our collaboration with
    Iceland economically are entirely valid. And Iceland, is an FTA
    country, so with respect to our build and rebuild of our
    relationship with the EU, that those do have positive
    implications for our relationship with Iceland as well.
        I am ready and willing to show up and to engage with all of
    our partners. I take your point on the strategic aspects. I
    guess what I would say with respect to what you have just
    presented to me, is that the fact that Iceland has just signed
    a free trade agreement with China will make us thoughtful about
    how we--the parameters of the kinds of collaborations that we
    build with Iceland, to ensure that.
        And I think this is very true in terms of our approach the
    Indo-Pacific as well, to ensure that what we are doing is
    providing our partners with choice, with more choices. It is
    providing us with more choices as well, but it is not
    entangling us further into a version of globalized supply
    chains that is going to undermine our ability to build for more
    resilience.
        And I think that with respect to China and the Chinese
    market, and this goes back to your fishermen as well, we have
    seen China use its leverage, with respect to its market, to
    push countries on politically--political and sovereign
    decisions that China has found that it doesn't like. We are a
    very, very large economy, and we experience it differently, but
    this is the version of that coercion that we experience. It is
    not coercive, but it is very painful.
        I think that this is absolutely something that we are
    focused on addressing in the U.S.-China relationship, which is
    the reliability and confidence that we have in each other, and
    to the extent that we don't have it, all of the collaborations
    that we need to have with our other partners and allies to
    ensure that we provide each other with resilience.
        Senator Feinstein. I appreciate that. I know that it would
    mean a great deal to Iceland, and it doesn't take much from us.
    So I look forward to exploring these conversations further.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Murkowski. Senator
    Reed.
        Senator Reed. Thank you very much, Madam Chair.
        I know you will enjoy Alaska because I have been to Alaska
    with Senator Murkowski, and it was terrific. I just want to
    warn you though, the way they measure things in Alaska, it is
    how many times bigger it is than Rhode Island. So just be
    prepared for that, okay.
        [Laughter.]
        Senator Reed. I just came from the Banking Committee
    Hearing with Chairman Powell, the Federal Reserve. You know, we
    are facing an issue of inflation which is significant with
    multiple causes, but one that everyone admits to is the supply
    chain, and normally with a task force in place. Can you tell us
    what progress we are making on rearranging our supply chain?
        And just one other comment is that we build and took for
    granted a global supply chain built on efficiency and speed
    without sustainability, or the ability to reconnect quickly.
    With the pandemic, that has been broken, and I don't know if
    that will be put together again. But what are you doing in the
    task force on supply chain?
        Ambassador Tai. Senator Reed, thank you for this question.
    I wish that I also were able to visit Chairman Powell's
    hearing, because I know how much inflation is impacting our
    economy, and our people, and how concerning it really is. And I
    agree with you.
        I think that with respect to supply chains, the
    bottlenecks, the disruptions that we have had these last couple
    years that they have been a significant disrupter in our
    economies. And significantly eroded our confidence, and
    ``our'', I mean collectively, our American and worldwide
    confidence in the global economic system, which is why working
    towards a version of globalization that is built for beyond
    efficiency, resilience and sustainability is our guiding
    principle in terms of our engagements with all of our partners
    in our initiatives that are ongoing right now.
        Let me say this on supply chains in particular. I had a
    really eye-opening conversation with a CEO and Chairman earlier
    at the early parts of this year, who is in the banking
    industry, and we were talking supply chains, and he said to me,
    ``You know, as I have been looking at the supply chain
    challenges, what strikes me is that I would never have designed
    these supply chains to look like this.'' And at the time I
    didn't quite understand what he meant by that, and I thought
    about it through the lens of a banker, and what has struck me
    is, what I think is an important perspective, which is our
    supply chains have not taken into account risk.
        They have been all about efficiency, and in terms of what
    we can contribute from trade, to building supply chains that
    are more resilient I think a key part of this is incorporating
    into our work on trade beyond tariff liberalization, is how we
    can incentivize countries and more specifically, our firms to
    calculate in the risk of their supply chain design, as they
    make their business decisions.
        And this is one of the key issue areas that we are raising
    with our trading partners and all the initiatives we have going
    on right now.
        Senator Reed. I think that is a sensible approach. Can you
    give us any sense of tangible progress in this regard, of
    rationalizing the supply chains, as you say, make it more
    robust and resilient?
        Ambassador Tai. USTR is tasked with heading the supply
    chain task force on an inter-agency basis. We have a list of
    all the work that we have done over the course of the last
    year, which I won't go into, and I will refer you to our
    website and let you know that it is there. But I think that the
    most important work is yet to come and has really got to be on
    an international basis.
        How do we connect our economies together, and how do we, in
    a very, very clear-eyed way, identify the things that we have
    to do to correct for a set of supply chains and a version of
    globalization that is built only for efficiency right now? And
    so just let you know that whether it is in the Indo-Pacific,
    whether it is our initiative with Taiwan, the initiative that--
    on the future of Atlantic Trade that we have going on with the
    United Kingdom, the EU Trade And Technology Council, and all of
    these different arrangements, we are laser-focused on this
    issue of our supply chain resilience.
        Senator Reed. Thank you very much.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you Senator Reed. Senator Van
    Hollen.
        Senator Van Hollen. Thank you. Thank you Madam Chair. And
    it is great to see you Ambassador Tai.
        I want to turn to the recently announced U.S.-Taiwan
    Initiative on 21st Century Trade. If you could just quickly
    identify the top priorities that you expect to come out of that
    agreement, and tangible changes in terms of trade with Taiwan
    that you hope to see?
        Ambassador Tai. Certainly. Thank you, Senator Van Hollen.
    And I appreciate your interest in this particular relationship
    and this issue.
        In our announcement kicking off this particular initiative
    we identified 11 areas where our initiative will be focused,
    seven of those areas are the same or similar to the ones that
    we have announced in the Indo-Pacific Economic Framework. Those
    go to the digital economy, and digital trade, labor,
    environment, trade facilitation, science-based and evidence-
    based regulatory practices, when it comes to trade for
    agricultural products. In the category of the additional areas
    where we will be focused with Taiwan in our initiative, I think
    that they are a very interesting set of conversations around
    non-market economy challenges that we share, State-owned
    enterprises. And the other two, I am going to have to look at
    my notes, but they are also on our website.
        But I think that they are particularly relevant and
    consistent with what I just said to Senator Reed. They are
    looking at how we can work together with our partners on
    building resilience, sustainability, and then the other piece
    that is really critical to us is inclusiveness as we build out
    into an economic recovery. How do we bring as many in the world
    in our own communities as we can into prosperity?
        Senator Van Hollen. Well, Thank you Madam Ambassador. As
    you know, there was some concern including shared by many in
    the Senate that Taiwan was not part of the Indo-Pacific
    Economic Framework, but I am glad that you have developed this
    initiative, and look forward to working with you on both those
    fronts.
        So on another committee, the Senate Foreign Relations
    Committee, I chair the Subcommittee on Africa, and interested
    in what you, at USTR, are doing with respect to U.S. trade and
    investment in Africa, which in my view is good for U.S.
    businesses, good for U.S. workers, good for partners in the
    region. And I think it is worth noting that in the next 30
    years the population of the entire Continent is expected to
    double, and one-quarter of the world will live in Africa by the
    year 2050.
        So it seems to me that we need to really keep our eye on
    the ball here, and do better than we have. Obviously some of
    our chief adversaries and competitors like China are very much
    engaged in Africa. What are you doing at USTR? And are you
    working with the Prosper Africa Initiative folks to make sure
    that we combine our resources in a smart way?
        Ambassador Tai. Absolutely, USTR is an active participant
    in the Prosper Africa efforts within the administration. And I
    agree with everything you have said, Senator Van Hollen, about
    the opportunities, and frankly the necessity of the United
    States to amp up our engagement with Africa, for all the
    reasons you have listed. And also, I think one of the most
    interesting, and awesome, frankly, data points is also the
    number of young people that are in Africa.
        And that goes to the growing population that the youth of
    the world are largely in Africa, and this is really about our
    collective future. Let me say this with respect to U.S. Africa
    Trade. AGOA is a foundational trade program that we have had
    with the African Continent. It expires in 2025, and there have
    been a lot of conversations with my African counterparts around
    what is going to happen to AGOA after 2025. I know that there
    are a lot of leaders, thought leaders on this issue within the
    U.S. Congress, and I will let you know that USTR is engaging
    and stands ready to engage across the board, on what a vision
    is for AGOA going forward.
        But I will also let you know, it is my--it is my view that
    AGOA is not enough. AGOA has been around for a long time, and I
    think AGOA can do better. But also, I will just share with you
    in the context of the World Trade Organization, 12th
    Ministerial Conference that just concluded last week, that with
    respect to the Intellectual Property Rule changes that were
    made for COVID vaccines, for a limited period of time, to
    address the covid pandemic that I found most powerful.
        My African counterparts who asked the United States to lean
    in and get that effort across the finish line because it is
    going to, in their view, allow the African Continent a foothold
    into a very important supply chain, that they do not have
    access to. And I think that it is through new efforts, and new
    initiatives also, that we have got to push ourselves to think
    about how we can be a better partner to the entire African
    Continent.
        Senator Van Hollen. Well, thank you, madam Ambassador. I
    look forward to continuing the conversation about AGOA and
    updating it, upgrading it. As I am sure, you know, about 90
    percent of our non-energy imports under AGOA, in 2020, came
    from just five countries. And you know, clearly we have got to
    expand the benefits of AGOA, along with engaging with Africa on
    the African Continental Free Trade Area and see what kind of
    mutual benefits we can draw. So I look forward to continuing
    that conversation.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Van Hollen.
        Ambassador Tai, I think I, and I think Senator Moran also,
    we have a couple more questions. So we would like to do another
    round with you.
        And I would like to go back to Russia. And I think that the
    actions that you and the President engaged in leading up to
    Russia's War in Ukraine have been very important in helping to
    unite the allies, and present a united front, and being able to
    put in place a series of sanctions that, while they are taking
    some time, they are having a real impact.
        In April, Congress passed a bill revoking Russia's
    permanent normal trade relations status. This law gives you
    additional authority to sanction Russia in other ways. I wonder
    if you can give us some insights into what you are thinking,
    and how you might be using this authority.
        Ambassador Tai. Chair Shaheen, I want to begin by thanking
    you and the entire U.S. Congress for speaking with such
    conviction, and resolution on the issue of Russia. Earlier this
    year, the United States Government being able to respond with
    one voice; was incredibly powerful, and enabled us to take a
    real leadership role in responding to Russia's aggression in
    Ukraine.
        As a result of the bill that Congress passed, and that the
    President signed into law earlier this spring, the United
    States has, with respect to trade, suspended permanent normal
    trade relations with Russia, and that means that we have
    imposed non-MFN tariffs on imports from Russia, and that action
    alone has increased tariff rates on over 75 percent of U.S.
    imports from Russia.
        We are continuing to engage in the administration through
    our conversations with other partners and allies to look at how
    we can use this new authority to impose additional consequences
    on imports from Russia. I think what I would really also like
    to note here that we have talked a lot about tariffs in the
    course of this particular hearing, and I just want to note that
    I think about tariffs a bit like--tariffs are like two-by-
    fours, they can be used for lots of different purposes.
        With respect to Russia, these tariffs are punishment. We
    are using these two-by-fours as a kind of a weapon, but in
    other areas, right, our tariffs are used to build platforms.
    They are used as weapons to level the playing field. They are
    used as encouragement to create enforcement and incentivize
    compliance.
        So, in this particular area, you know, I also feel that it
    is important, from the USTR perspective, to note that these
    tariffs we are using in a particular way which is appropriate,
    and which is focused on changing Russia's behaviors.
        Senator Shaheen. Well, thank you. I certainly agree with
    that, and agree with your sentiment that it has been very
    important for Congress to be united in responding to Russia's
    unprovoked war. And it has sent an important signal not just to
    Russia but to our other adversaries who are really looking
    closely at what we are doing here, and how we are responding.
        I want to--so just to follow up, so then I would urge you
    to think about every way possible, as you say; that we can
    penalize Russia for what they are doing. And if you see ways in
    which this subcommittee can be helpful with that, or that
    Congress can do more, I hope you will share that with us.
        You mentioned in your opening remarks the importance of the
    legislation that is currently in the Committee of Conference,
    whether it is America COMPETES, or the U.S. Innovation and
    Competition Act. So much of the discussion at this hearing has
    been about China, and the threat that China poses. Can you talk
    about--I mean, one of the motivating--the main motivator behind
    that legislation, I think, is to try and level the playing
    field for the United States with China.
        Can you talk about what it will mean if we are not able to
    bring that legislation across the finish line; and what kind of
    a disadvantage that will put the United States at against
    China?
        Ambassador Tai. I would be delighted to, Chair Shaheen.
    With respect to realigning our relationship with China, there
    is a set of--there is both defense and offense that we have to
    play, and frankly, when I look at tariffs, I see the tariffs
    mostly as defense. But if our goal, with respect to China--and
    frankly every other non-market economy that our businesses, and
    our workers have to compete with--defense isn't enough, we have
    also got to play offense.
        And I think that in terms of what is in the conversation
    around the Bipartisan Innovation Act--it goes by many names--it
    is a combination of defensive tools and offensive tools. And
    what I mean by ``offensive tools'' are those are the tools to
    really invest in ourselves to give our industry, and our
    workers the boost to take their talents, and resources, and
    assets, and allow them to shine in a competitive field, that we
    have not considered fair in a very long time, and which is
    really critical to our success in the future.
        So, the way I look at what is before our Members of
    Congress right now, in this conference, is really things that
    we need to do that are necessary, but by themselves not
    sufficient for putting the American economy on the strongest
    footing possible. And I think that there is a lot more work for
    us to be doing together, the administration and Congress. And I
    am committed to doing that work with all of you.
        General Scobee. Well, thank you. I appreciate that. And
    hope that all of the conferees will hear that statement today.
    Senator Manchin?
        Senator Manchin. Thank you. Thank you Madam Chair.
        And thank you for being here, and doing the job that you
    do, and we are very hopeful in your accomplishments.
        Let me just ask the question here. I have got two of them.
    The State-backed companies that are circumventing U.S. trade
    laws, by a variety of methods including transshipment and
    dumping. Transshipment of goods through third countries to
    evade anti-dumping duties undermines the integrity of our trade
    laws, and puts domestic manufacturers at risk from unfairly
    traded products; in a nutshell, what happens.
        And I was just at a little company in West Virginia that
    makes a lot of products for the solar industry, and they are
    now competing with dumping parts, and they know it is coming
    from China, but it is coming through different vessels, if you
    will.
        So I applaud yours, and Secretary Raimondo's inclusion of
    annual audits of steel producers owned by and operated by
    Chinese parent companies. And the recently struck trade
    agreement with the U.K. And I encourage you to continue to
    pursue the audits in any future trade agreements. So given its
    inclusion in the recent U.K. Trade Agreement, how likely is it
    that you all will pursue similar audit provisions, whether it
    be for steel or other products, and future trade deals?
        Ambassador Tai. Well Senator Manchin, I am always delighted
    to talk about U.S. manufacturing, and how we can make the
    American economy create more opportunities, and be a rosier
    place for our manufacturing.
        Senator Manchin. We are just asking for a level playing
    field.
        Ambassador Tai. A level playing field, absolutely. Your
    specific question goes to our interest in incorporating audit
    provisions in our arrangements with our trading partners, to
    ensure that the playing field remains level.
        Senator Manchin. I think basically----
        Ambassador Tai. I am very interested in this issue of
    audits. And I am interested in expanding it beyond anti-dumping
    and countervailing----
        Senator Manchin. When you have a U.S. company identifies
    that they know they are getting dumped on, and all they are
    asking for is an audit from the country--and look, just pick an
    Indonesian country anywhere, pick one, and we know it is being
    funneled through China, to have that audit show that they
    didn't--they don't have the production facilities, they can't
    do it there, so they have to be funneling from somewhere else.
    I think we could determine that pretty easily. And then
    classify them for anti-dumping.
        Ambassador Tai. I think that audits and verification go to
    the heart of the integrity of our trade tools. And I agree with
    you entirely.
        Senator Manchin. Okay. The other one is the relationship
    between U.S. and China, I know we have been talking a lot about
    that, has been tumultuous over the years. I think basically we
    probably had progress by 2019 having a trade deal with them,
    but then with COVID coming up and China failed on a number of
    their purchase agreements, and while it is important to note
    that the initial phase occurred during the pandemic, they have
    made no efforts to reassure the United States they are
    committed to making good on the terms that they agreed to.
        So given the 2020 Phase One Trade Agreement between us and
    China, ultimately did not produce its desired outcomes, what
    avenues are being explored right now to ensure that fairness,
    in any future trade agreements between China and ourselves?
        Ambassador Tai. This is absolutely one of the most
    important questions that we are grappling with right now, and
    one of the most important issues to determine what our economic
    future looks like in this globalized economy.
        Senator Manchin, I have talked quite a bit about China.
    Last October I gave a speech about the Biden administration's
    approach to the U.S.-China trade relationship. We spent several
    months focused on China's performance under the Phase One
    Agreement, and as we turned the corner into 2022, and we were
    able to look at full-year trade data for 2020 and 2021. We
    absolutely saw gaps between the purchase commitment levels, in
    particular, that China had committed to, and also where the
    purchases actually were.
        Let me just say this also. In the speech that I gave in
    October, we also reviewed our approach to the China Trade and
    Economic Relationship over the course of the past several
    administrations. And it is very, very clear certainly to me at
    this point that it is time for us to turn the page on the
    playbook that we have had with China, which has been a
    combination of negotiating agreements on one hand----
        Senator Manchin. Do you have enforcement mechanisms; any
    enforcement mechanisms available to you all to be used with
    this agreement?
        Ambassador Tai. Absolutely, we do.
        Senator Manchin. Are you all going to use them?
        Ambassador Tai. Yes.
        Senator Manchin. Okay. And let me ask you on the first
    question too, both of them. Is there something that we need to
    do to help you basically, you know, tighten down on some of
    this, because they are just running amok playing us, just
    playing us really. And it is a shame.
        We keep talking about, and I will tell you my biggest peeve
    right now is the whole thing with the EVs, the batteries,
    chips, and all the different things, rare earth minerals
    processing, anodes, cathodes everything that we need. And if we
    are ever going to get this industry up and running and be self-
    sufficient in North America, then we have to make sure that
    they can't dump on us.
        And right now we are about ready to put our whole eggs in
    one basket, thinking EV is the way to go, and we are going to
    be absolutely so taken advantage of, to the point where we are
    going to be held hostage by the foreign supply chain that China
    has the grip on. I just, I just can't believe that we are even
    thinking about going down that path. And I am gonna do
    everything I can to stop it, because I think it is stupid,
    because we are not able to protect our investments in the
    country.
        Because if Jerry Moran in Kansas wants to start a new
    company, and he is up and running, and they start dumping, he
    can't compete. He can't go out and get financing, he has no--
    you know, the markets aren't going to basically respond to him.
    And we just--we are just held at a disadvantage because of the
    economy that we have, and the way we administer our economy.
    But we depend on you all to crack hard and crack them down as
    tight as you can.
        We talk about border adjustment. I don't know if you have
    talked about that, Madam Chair; if you all talked about border
    adjustments. The reason that we have Democrats and Republicans
    talking about border adjustment, we think that is the only
    level playing field we might have. They are not paying
    attention to any of the agreements they sign, and we have no
    penalties to them.
        But at border adjustment we would have that product coming
    in and we proved it came from a country, but it really came
    from China, via other countries. So that is my frustration.
        I am sorry to vent. I thank you for giving me a chance to
    do that.
        Senator Shaheen. Thank you, Senator Manchin.
        Ambassador Tai, would you like to briefly respond to
    Senator Manchin?
        Ambassador Tai. Senator Manchin, you began that by asking
    what you can do, and to help, and I think that what you have
    just conveyed is absolutely, I want to let you know, loud and
    clear, and well received by me sitting in this chair.
        Senator Shaheen. Thank you very much. Senator Moran.
        Senator Moran. Chair, thank you.
        In this setting, and with the Secretary of Commerce, both
    the Chair and I, and other Members of the Committee have had
    ongoing conversations about lumber particularly as they relate
    to home building, home prices, we are still absent this
    agreement with Canada. Can you provide me an update on any
    progress that has been made in a long-term resolution of this
    issue with Canada on softwood lumber?
        Ambassador Tai. Yes. Senator Moran, I would be happy to
    provide you with an update. I talk lumber almost every single
    time I have seen my Canadian counterpart, and I have seen her
    quite a bit in these last several months. I have indicated that
    we are open and interested in addressing lumber through another
    agreement which we had in place several years ago, that
    requires the Canadian Government to be willing to address the
    fundamental challenges that we have with respect to an unlevel
    playing field for our industry, with respect to how they govern
    their harvesting and their industry, which has the impact of
    subsidies, for our competitors.
        When and if Canadian industry and the Canadian government
    are ready to address those issues, we stand ready and willing
    to enter into negotiations to see if we can, once again, come
    to some kind of an agreement with Canada.
        Senator Moran. Leverage has been a theme of the
    conversations this morning. Is there leverage with Canada in
    that regard to induce them to do so?
        Ambassador Tai. Senator Moran, I like the way you think.
    And I would be happy to have a follow-up conversation with you
    around how we might examine that question.
        Senator Moran. All right, thank you. One of the more recent
    developments in home building, and in home ownership has
    developed as a result of the lack of grain-oriented electric
    steel needed to build transformers. And so there is a shortage
    in Kansas, and I assume the country in getting the transformer
    necessary to build a new home or to have a new home, have a
    connection with utilities.
        I know that we increased tariffs on imported steel, I know
    there was a Department of Commerce investigation that
    subsequently found no corresponding increase in domestic
    manufacturing to meet U.S. demand; this type of steel remains
    under Section 232 Tariffs. Any thoughts of what USTR can do to
    solve this problem of lack of transformers?
        Ambassador Tai. Senator Moran, let me go back to USTR and
    check the facts, because I have had two sets of conversations
    on grain-oriented electric steel of late. One is around the
    need to access more of them, or more of this type of steel for
    transformers. The other one goes to some of your colleagues
    here in the Senate, and then also in the house who represents
    States and districts where there is one lone producer in the
    United States left.
        Senator Moran. And producing the transformers----
        Ambassador Tai. And in my mind the fact is that GOES is not
    subject to 232. But let me come back to you with better facts.
        Senator Moran. Okay.
        Ambassador Tai. Let me just say this--these conversations
    really break my heart because, they are similar to the
    conversations we have on solar. We litigated several cases at
    the WTO against China on their approach to cornering the market
    on grain-oriented electric steel, and our loss of our own
    industry. And what I find time and time again, is whether it is
    with respect to GOES, or solar, that once we have lost the
    better part of our industry, we find ourselves totally over a
    barrel, domestically, and also with our other trading partners
    around how we can--how we can have reliable access to these
    types of industrial products, where we have confidence in their
    integrity.
        And so let me just say this bottom line is: let me go back
    to USTR and do some homework and follow up with you.
        Senator Moran. Finally, again, on this conversation of
    tariffs being utilized as leverage, it seems to me that if we
    are creating a circumstance in which we want and have leverage,
    the result would be that we would be negotiating additional
    trade agreements, bilateral, multilateral. But the
    administration has not requested trade promotion authority.
    That is one thing. What new agreements, trade agreements is the
    administration pursuing that then justifies the use of tariffs
    to be leveraged?
        Ambassador Tai. I think that in terms of the China tariffs,
    that is with respect to leverage vis-a-vis China.
        Senator Moran. Mm-hmm.
        Ambassador Tai. And it has been a very long time since we
    have looked at negotiating what I would call a traditional
    trade liberalizing agreement with China. I think the last
    effort that we had was the Bilateral Investment Treaty. And
    that was way back in 2015 and 2016, and I don't think this may
    be when they come out of the woodwork. I don't think anyone has
    asked me to re-engage with that particular issue.
        At USTR I had an agency that is built for two things, and
    it is on a spectrum. These two activities are not mutually
    exclusive. One is trade negotiations, and the other one is
    trade enforcement. And so, we have every interest, and we are
    actively pursuing negotiations every single day, and enforcing
    every single day.
        Your question about TPA, I am happy to engage in the
    conversation with Congress. And this is the larger issue around
    how we orient U.S. trade policies in negotiations separate from
    the enforcement side, to further our national interests. And I
    think that our focus right now really is on sustainability and
    resilience.
        That means a modification; and a course correction for the
    approach that we have taken in the past. In particular, around
    trade liberalization; and I think it is an important
    conversation to have, and I would like to let you know that I
    am happy to engage in it with the Congress.
        My main point being, however, that we have got to bring new
    thinking to how we think about trade agreements, and trade
    agreement negotiations. We have to take into effect the really
    painful experiences that we have had these couple of years, and
    figure out how we do things differently to remain connected
    with the rest of the world, in a way that is good for the
    American economy, and that is built for resilience in the long
    term.
        Senator Moran. I appreciate your answer. I am not going to
    ask more questions, Chair.
        [Laughter.]
        Senator Moran. I appreciate your answer, and I would
    highlight, at least from my take, I like that you put on par
    with negotiations of agreements, enforcement of agreements, it
    seems to me for a long time we celebrate. We do the high five
    when the agreement is signed, but when the results don't occur
    there seems to be less than adequate follow-through. So I
    appreciate that.
        I also think that you were segmenting China and leverage in
    a different way than other trading, or potential trading
    partners, around the globe. And I think that is a--an
    appositive, and it is a necessary attitude to have with China.
        And finally, I would say that the WTO is broken, its
    appellate body, it seems to me, no longer really function--
    membership so broad that agreements appear impossible. And I
    would just encourage the--trying to fix those problems but as
    equally important trying to find friendly countries around the
    world to institute smaller successes than appears to me we
    would get in work with WTO.
        Does that make sense? Did I say anything that doesn't make
    sense? That was a question.
        Senator Shaheen. No. No further questions, Senator Moran.
        Senator Moran. Well, I don't know that I want the answer,
    but----
        Ambassador Tai. All of it makes sense.
        Senator Shaheen. Oh. Thank you, Senator Moran. And actually
    you have made a very good argument for why we need to fund
    USTR's budget, right, Ambassador Tai.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. If there are no further questions this
    morning, Senators have until June 29 to submit additional
    questions for the official hearing record, and we would request
    the agency's responses within 30 days.
        [The following questions were not asked at the hearing, but
    were submitted to the Department for response subsequent to the
    hearing:]

                Questions Submitted by Senator Dianne Feinstein
          Questions Submitted to Ambassador Katherine Tai, U.S. Trade
                                 Representative
        Question 1. As you may know, I opposed the former president's
    escalatory trade wars. The costs of the tariffs we put into place on
    many countries have been paid almost exclusively by U.S. families and
    businesses. I also believe they strained our international
    relationships and were not part of a thoughtful strategy.
        I realize that the Biden Administration inherited these tariffs,
    and I thank you for having reduced them in some cases. I also recognize
    that imposing tariffs can be useful in certain cases. China, for
    instance, has engaged in numerous unfair trade practices and we should
    be serious about trying to change its behavior.

      --Ambassador Tai, when and how does the Administration believe
            tariffs should be used, and when are other tools more
            appropriate? What are we asking our trade partners to do in
            exchange for reducing or eliminating current tariffs? How
            specifically do you assess whether or not tariffs are achieving
            our desired goals?

        Answer. Tariffs are a legitimate tool in the trade toolbox. The
    Biden-Harris Administration is continually reviewing the China Section
    301 tariffs; this process is a key part of the Administration's
    deliberative, long-term vision for realigning the U.S.-China trade
    relationship around our priorities and making trade work for American
    workers and businesses, which have been unfairly targeted by China's
    non-market policies and practices. As part of our review, we have
    initiated and completed two separate exclusion processes--one on COVID-
    related products, and one addressed to over 500 previously-extended but
    expired exclusions. In the latter process, we reinstated exclusions
    where American workers, farmers, and domestic producers would benefit.
    The statutory 4-year review also provides an opportunity to assess the
    tariffs. Furthermore, we are continuing to consider additional
    modifications and exclusions processes, as warranted.

        Question 2. As you know, China is the world's second-largest
    economy and is likely to someday surpass U.S. GDP. While it is a
    lucrative market for many U.S. companies, China has also engaged in
    many unfair trade practices, including intellectual property theft,
    heavy subsidization of key industries, and preferential treatment for
    state-run businesses.
        The Biden Administration inherited numerous tariffs on imports from
    China, along with the ``Phase One'' trade agreement. China has not
    fulfilled its end of that agreement, including promised purchases of
    U.S. agricultural products, which of course are important to
    California. You have said that the U.S. must enforce the terms of the
    Phase One agreement and outlined principles for a multilateral approach
    to fair trade with China. You also have said that discussions with
    China are taking place, but it would be helpful to me to hear more
    details about what concrete steps are being taken to move this
    relationship forward.

      --Ambassador Tai, what specific steps has the Administration has
            asked China to take to improve trade relations with the U.S.?
            What specific negotiations with China have taken place or are
            planned? What has been China's response, and what is China
            asking of us?

        Answer. In October 2021, we launched a direct dialogue with China
    regarding China's failure to fulfill the purchase commitments made in
    the U.S.-China Economic and Trade Agreement, commonly referred to as
    the ``Phase One Agreement.'' We are also engaging in technical level
    discussions with China regarding its incomplete implementation of its
    agriculture and intellectual property- related commitments. We also
    have been raising our concerns relating to China's harmful non- market
    policies and practices that were left unaddressed by the Phase One
    Agreement, particularly China's state-directed industrial targeting,
    which has had devastating impact on American workers and businesses as
    well as on our allies and partners.
        While we continue to keep the door open to conversations with
    China, including on its Phase One Agreement commitments, we also need
    to acknowledge the Phase One Agreement's limitations, which did not
    focus on some of China's most harmful practices, namely economic
    coercion and non-market practices. Going forward, our strategies will
    also include vigorously defending our values and economic interests
    from the negative impacts of China's unfair, non- market policies and
    practices. At the same time, we are not solely relying on bilateral
    engagement. We are actively reaching out to and enhancing our
    engagement with like-minded trading partners, both directly and through
    multilateral institutions, as we seek to develop and execute joint or
    coordinated strategies for addressing the unique challenges posed by
    China.
        As part of this effort, we are prepared to use whatever trade tools
    we have that may be necessary to protect U.S. interests. That includes
    working with Congress to develop new trade tools that take into account
    the realities of what trade looks like today.

        Question 3. Earlier this year, you said that while free trade
    agreements are in the U.S. toolbox for negotiating trade relations,
    they are ``a very 20th century tool.'' Since opening markets and the
    principle of free trade have been a central feature of U.S. trade
    policy for decades, I'd be interested in hearing a bit more from you on
    that issue.

      --Ambassador Tai, your earlier statement implies that free trade
            agreements are in some way outdated. In what sense do you
            believe they have become so? And given that you said that free
            trade agreements should still be a tool in our toolbox, in
            which circumstances do you think they would make sense?

        Answer. The Biden Administration is using our trade tools to create
    new opportunities for American agriculture, including using our
    existing Trade and Investment Framework Agreements (TIFAs) and Free
    Trade Agreements (FTAs) to eliminate tariff and non-tariff barriers to
    U.S. agricultural products. Last year, we secured a number of wins that
    will provide more certainty for U.S. farmers, ranchers, and food
    producers around the country, including: removal of retaliatory tariffs
    due to resolution of the EU aircraft dispute and a historic agreement
    on steel aluminum; removal or aversion of tariffs due to agreements
    with four European trading partners on Digital Services Taxes; new
    access to the Indian market for U.S. pork following the U.S. India
    Trade Policy Forum; favorable outcomes on products such as pork, beef,
    rice, wheat, corn and grape juice in negotiations with the United
    Kingdom and the EU on tariff rate quotas resulting from Brexit;
    Vietnam's approval of pending biotech events following TIFA engagement;
    MFN duty reductions in Vietnam for corn, wheat, and frozen pork; and
    regaining access to the EU market for our shellfish producers. We are
    also committed to strong enforcement of our agreements, as our recent
    win on Canada dairy illustrates, to promote predictability and level
    the playing field in agricultural trade.

        Question 4. As you know, Trade Promotion Authority, legislation
    that Congress has previously passed several times to make it easier for
    the Administration to negotiate trade agreements, expired on July 1,
    2021.
        A number of members of Congress have said that they would like to
    renew Trade Promotion Authority. You have said Congress should renew
    Trade Promotion Authority, but with an updated set of priorities.
    However, there has been little indication that the Administration
    considers renewing it to be a priority.

      --Ambassador Tai, do you believe that Congress should renew Trade
            Promotion Authority? If so, how do you think it should look
            different than previous Trade Promotion Authority that Congress
            has passed? What actions has the Administration taken to move
            forward on legislation to renew it? If you do not want to renew
            Trade Promotion Authority, why not?

        Answer. There are strong views on both sides of the Trade Promotion
    Authority issue, and I look forward to working with Congress should you
    decide to advance TPA legislation.

        Question 5. In the past month, the Administration has introduced
    its frameworks for trade in the Pacific Rim and South Asia and for
    North and South America.
        I thank the Administration for moving forward with trade relations
    in these regions that are critical to California's economy. And, I
    agree with the principles that the Administration has enumerated,
    including clean energy and infrastructure, strengthening our supply
    chains, and fighting corruption.
        However, one principle notably missing from these frameworks is
    increasing access to markets, which is a priority for many U.S.
    producers to secure in other countries, and also what many countries
    want most from the United States.

      --Ambassador Tai, is the Administration willing to negotiate market
            access with other countries despite it not being included in
            its trade frameworks? If so, why was it not included as a
            pillar in these frameworks?

        Answer. This Administration takes a strategic approach when
    engaging our partners worldwide. As each partner is different, we have
    and will continue utilizing all our trade policy tools to come up with
    innovative arrangements, whether in the context of a large trade
    arrangement or through other formats that would secure market access
    and provide the greatest economically meaningful outcomes for the
    United States.
        President Biden recently announced the launch of an Indo-Pacific
    Economic Framework (IPEF) to promote inclusive growth for U.S. workers
    and businesses and support our competitiveness going forward. USTR is
    leading IPEF's trade pillar, where we are pursuing high-standard
    commitments. While the Administration is not currently considering
    tariff liberalization, IPEF will enhance market access for American
    exporters by knocking down regulatory barriers and establishing rules
    that facilitate market access.

                                     ______

                Questions Submitted by Senator Christopher Coons
        Question 1. The WTO Ministerial decision on TRIPS states: ``No
    later than 6 months from the date of this Decision, Members will decide
    on its extension to cover the production and supply of COVID- 19
    diagnostics and therapeutics.'' In light of the Administration's
    position that any waiver should deal only with vaccines, will USTR
    engage in these negotiations?

        Answer. In the interest of achieving consensus across the 164
    Members of the WTO, Members focused on securing an outcome with respect
    to COVID-19 vaccines, with the potential to expand to COVID-19
    diagnostics and therapeutics within 6 months. We are starting our
    domestic consultations on whether to extend the Decision to cover the
    production and supply of COVID-19 diagnostics and therapeutics and look
    forward to continuing to engage with Congress and all relevant
    stakeholders on this topic.
        Question 2. In October, you announced a reengagement with the PRC
    on trade; in your testimony, you noted ``several rounds of difficult
    discussions'' with the PRC following that announcement and stated that
    the United States must ``turn the page on the old playbook'' with
    respect to its engagement with the PRC on trade issues. What will be
    USTR's strategy for engagement with the PRC on trade, going forward?
        Answer. In October 2021, we launched a direct dialogue with China
    regarding China's failure to fulfill the purchase commitments made in
    the U.S.-China Economic and Trade Agreement, commonly referred to as
    the ``Phase One Agreement.'' We also have been raising our concerns
    relating to China's harmful non-market policies and practices that were
    left unaddressed by the Phase One Agreement, particularly China's
    state-directed industrial targeting, which has had a devastating impact
    on American workers and businesses as well as on our allies and
    partners.
        While we continue to keep the door open to conversations with
    China, including on its Phase One Agreement commitments, we also need
    to acknowledge the Phase One Agreement's limitations, which did not
    focus on some of China's most harmful practices, namely economic
    coercion and non-market practices. Going forward, our strategies will
    also include vigorously defending our values and economic interests
    from the negative impacts of China's unfair, non- market policies and
    practices. At the same time, we are not solely relying on bilateral
    engagement. We are actively reaching out to and enhancing our
    engagement with like-minded trading partners, both directly and through
    multilateral institutions, as we seek to develop and execute joint or
    coordinated strategies for addressing the unique challenges posed by
    China.
        As part of this effort, we are prepared to use whatever trade tools
    we have that may be necessary to protect U.S. interests. That includes
    working with Congress to develop new trade tools that take into account
    the realities of what trade looks like today.

                                     ______

                   Questions Submitted by Senator Jerry Moran
        Question 1. Given that current vaccine supply already exceeds
    demand, how will agreeing to waive US intellectual property lead to
    higher vaccination rates?

        Answer. The WTO Ministerial Decision on the TRIPS Agreement is one
    part of a holistic approach to getting as many safe and effective
    COVID-19 vaccines to as many people around the world as possible. The
    Biden-Harris Administration continues to work with the private sector
    and all possible partners to expand sustainable vaccine and critical
    medical supplies manufacturing and distribution around the world, an
    important component of strengthening our global health security. The
    uncertainty around the virus, including variants, means that the
    pandemic is not over. The goal of this Decision is to facilitate
    production among WTO Members who do not have that ability and to
    diversify vaccine production. The Decision could help some developing
    country Members, such as South Africa, on such efforts. Developing
    distributed manufacturing capacities will foster regional self-
    sufficiency on vaccine production.

        Question 2. The United States has never in its history agreed to
    such a broad waiver of intellectual property. What does USTR see as the
    costs of this waiver and how did you weigh them in arriving at the
    decision to consent to the IP waiver?

        Answer. During a previous global health crisis--the HIV/AIDS crisis
    in 2002--WTO Members agreed to a waiver in connection with the
    implementation of paragraph 6 of the Doha Declaration on TRIPS and
    Public Health. The pandemic is another global health crisis that calls
    for WTO Members to respond. The Administration believes strongly in
    intellectual property protections, but in service of ending this
    pandemic, supported a waiver of those protections for COVID-19
    vaccines.

        Question 3. In agreeing to the TRIPS IP waiver, WTO agreed to
    consider in 6 months whether to extend the IP waiver to therapeutics
    used to treat COVID.

      --Will USTR support this broader waiver?
      --What factors will USTR weigh in reaching a decision?
      --Is USTR concerned that the prospect of a future waiver, even if
            it's not enacted, could have a significant chilling effect on
            investment into new COVID therapeutics that could potentially
            save lives and improve health outcomes?

        Answer. We are starting our domestic consultations on whether to
    extend the Decision to cover the production and supply of COVID-19
    diagnostics and therapeutics and look forward to continuing to engage
    with Congress and all relevant stakeholders on this topic.

                                     ______

                  Questions Submitted by Senator Susan Collins
        Question 1. Since the Softwood Lumber Agreement expired in 2015,
    the U.S. and Canada have been locked in a trade dispute that has
    resulted in the U.S. imposing both countervailing and antidumping
    duties on Canadian softwood lumber imports. These tariffs are very
    harmful to Maine businesses, many of which work closely with Canadian
    sawmills right across the border. High lumber prices also affect the
    availability of affordable housing for millions of Americans. We need
    long-term certainty and stability in the softwood lumber market, and
    particularly amid rampant inflation.
        In November 2017, Canada appealed the Commerce Department's
    original determination to impose duties on Canadian lumber. NAFTA rules
    that apply to this appeal require that a panel be established and reach
    a final decision within 315 days of the appeal being made. It has now
    been over four and a half years, or almost 1,700 days, since Canada
    requested this review and yet a panel has not been established.

      --Ambassador Tai, when will the panel be established so that it can
            reach a decision, which is long overdue?
      --Do you plan to meet with your Canadian counterparts to negotiate a
            new Softwood Lumber Agreement?

        Answer. USTR is engaged with our Canadian counterparts regarding
    the important task of composing panels. The United States has proposed
    candidates to complete NAFTA panel composition, but Canada has not
    acted on our proposals.
        I continue to discuss softwood lumber with my Canadian counterpart
    in every meeting. The United States is open to resolving our
    differences with Canada over softwood lumber, but it would require
    Canada to address its 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 2. As you know, Section 301 tariff exclusions for imports
    from China expired in December 2020. In March of this year, USTR
    announced that it would reinstate 352 exclusions that were previously
    granted, and that these reinstated product exclusions would apply
    retroactively to October 12, 2021 and extend through December 31, 2022.
        One Maine company, Hussey Seating, located in North Berwick, is a
    family-owned business that designs, manufactures, and sells spectator
    seating systems around the world. I appreciate that USTR granted all
    three of Hussey Seating's product exclusion requests, at my urging.
    Making these product exclusions permanent, however, would provide much
    more certainty to Hussey and other companies that rely on certain
    imports.

      --Has the USTR given any consideration to making these Section 301
            product exclusions permanent, rather than going through the
            lengthy and uncertain process of assessing and extending them
            again?
      --I understand that the USTR does not currently have a process in
            place to accept new exclusion requests. Is the USTR considering
            restarting a process to permit businesses to apply for
            exclusions?

        Answer. The Biden-Harris Administration is continually reviewing
    the China Section 301 tariffs; this process is a key part of the
    Administration's deliberative, long-term vision for realigning the
    U.S.-China trade relationship around our priorities and making trade
    work for American workers and businesses. The statutory 4-year review
    also provides an opportunity to assess the tariffs.
        In addition, we are continuing to consider additional modifications
    and exclusions processes, as warranted.

                                     ______

                  Questions Submitted by Senator John Boozman
        Question 1. What is USTR doing to ensure the second dispute
    initiated under USMCA on Canada's dairy tariff rate quota
    administration will result in a different outcome than the first
    dispute, including measurable increases in US access?

        Answer. We are carefully considering next steps to ensure that the
    United States gets the full benefit of the market access for American
    dairy workers, farmers, and exporters that Canada committed to under
    the USMCA.

        Question 2. Are you aware, higher energy costs, supply chain
    disruptions, Russia's invasion of Ukraine along with other geopolitical
    tensions, and additional duties on imported fertilizers have resulted
    in significant price increases on fertilizer and other agricultural
    inputs for U.S. producers. A recent report by economists at the
    Agricultural and Food Policy Center (AFPC) at Texas A&M University
    found nitrogen prices alone have increased 133 percent in the last
    year. What actions have you taken to help alleviate the surging global
    prices for fertilizer and other agricultural inputs? What actions are
    you taking to engage China to restore its exports of phosphate and urea
    in the global marketplace?
        Answer. USTR has been working closely with USDA on various food
    security issues. USDA is making $500 million available through a new
    grant program this summer to support independent, innovative and
    sustainable American fertilizer production to supply American farmers.
    The new program will increase competition in a concentrated market;
    create good-paying jobs at home while reducing the reliance on
    potentially unstable or inconsistent foreign supplies; and improve upon
    fertilizer production methods to jump start the next generation of
    fertilizers produced here in the United States.
        USTR is also working with the interagency to encourage multilateral
    development banks, the Food and Agriculture Organization, and the
    International Fund for Agricultural Development to finance projects to
    expand fertilizer production, as well as increase the efficient use of
    fertilizer and precision agriculture throughout the world to lessen the
    global dependence on Russia. We will continue to work internally within
    the administration and with our allies and partners to find additional
    ways to resolve the global fertilizer shortage and prevent similar
    shocks in the future.

        Question 3. The Phase 1 Economic and Trade Agreement requires the
    trajectory of Chinese imports of U.S. products to continue beyond 2021,
    what actions are you taking to ensure China continues to meet the
    purchasing goals set forth in the agreement?

        Answer. It is apparent that China did not fully implement its Phase
    One Agreement purchase commitments, and we have been discussing with
    our Chinese counterparts how China plans to rectify the purchase
    shortfalls. We continue to consult with China on this and other trade
    matters, and all options remain on the table in dealing with China's
    compliance failures. We also need to acknowledge the limitations of the
    Phase One Agreement and past approaches to dealing with China. We are
    prepared to use all available tools, and by exploring possible new
    tools as necessary, to defend our economic interests in the face of
    China's unfair policies and practices. We are also working more closely
    with like-minded trading partners on issues of shared concern and new
    potential strategies.

        Question 4. Thank you for your work in protecting U.S. farmers at
    the WTO-standing strong against India's ploys to expand their
    agricultural subsidies and public stockholding programs. As you know,
    rice is an important commodity in Arkansas and our farmers have been
    operating at a competitive disadvantage to India for years because of
    their trade distorting policies. Myself and 17 colleagues sent you a
    letter to this effect in December 2021. Can you commit to taking action
    to address India's behaviors and hold them accountable at the WTO?

        Answer. I share your concerns regarding India's domestic support
    policies and am committed to holding our trading partners accountable
    to their international trade commitments. I also appreciate the
    reference to your letter of December 2021, which highlights that U.S.
    agricultural producers and exporters, particularly in the rice and
    wheat industries, are disadvantaged as a result of Indian domestic
    support policies.
        India is a notable competitor for U.S. farmers, including Arkansas
    rice farmers, in third-country markets, and its agricultural policies
    impact our ability to export grains and other products both to India
    and globally. USTR and USDA staff are closely reviewing India's
    domestic support measures, and we are considering all options to ensure
    that U.S. exports can compete on a level playing field. In addition,
    the United States is working closely with a sizeable and growing
    coalition of World Trade Organization (WTO) Members in Geneva who share
    our concerns regarding India's domestic support policies. In May, the
    United States and other concerned WTO Members initiated technical
    consultations with India under the Bali Decision on Public Stockholding
    for Food Security Purposes.
        Additionally, at the 12th Ministerial Conference of the WTO in
    June, I am pleased that we were able to uphold important WTO
    commitments on agriculture by standing up to India's demands that its
    public stockholding programs be exempted permanently from WTO limits on
    trade- distorting agricultural subsidies.

        Question 5. Can you elaborate on USTR's China strategy? Does USTR
    plan any tariff relief, and will USTR initiate a new 301 investigation
    into Chinese subsidiaries?

        Answer. A major component of the Biden-Harris Administration's
    trade agenda is the realignment of the U.S.-China trade relationship.
    Since last year, we have launched a direct dialogue with China, and
    have pressed China to live up to its commitments under the Phase One
    Agreement. We have also raised concerns regarding China's state-
    directed, non-market policies and practices that were not addressed in
    the Phase One Agreement. Several rounds of difficult discussions made
    clear the limits of China's interest in delivering on those
    obligations. And that is why it is time for us to turn the page on the
    old playbook. China's non-market policies and practices unfairly target
    U.S. workers, businesses and key sectors. We have to use all available
    tools and develop new tools to defend our economic interests and
    values. President Biden recognizes that market economies must act in
    concert to confront policies that are fundamentally at odds with the
    modern trading system. And that is why we have also brought a renewed
    focus to engagement with our partners and allies, who also are
    negatively impacted by China's unfair trade and economic practices.
        The Administration is continually reviewing the China Section 301
    tariffs, as a key part of our deliberative, long-term vision for
    realigning the U.S.-China trade relationship around our priorities. As
    part of this process, in March, we reinstated exclusions where American
    workers, farmers, and domestic producers would benefit. The statutory
    4-year review also provides an opportunity to assess the tariffs. We
    are continuing to consider additional exclusions processes and
    modifications, as warranted.

        Question 6. As you know, the Administration has launched a number
    of non-trade, trade agreements, including IPEF, TCC, and Latam. How
    does USTR intend to link these together? That is, if you are focusing
    on trade facilitation in all three, are there best practices that
    should be common to all three?

        Answer. We are developing a worker-centered trade policy that
    benefits U.S. workers and consumers, and ensures that U.S. companies
    can continue to innovate and create new economic opportunities both in
    the United States and abroad. Our initiatives are linked by a common
    goal of trade arrangements that include high standard commitments in
    the areas of labor, environmental sustainability, transparency and good
    regulatory practices, and trade facilitation. This Administration takes
    a strategic approach when engaging our partners worldwide. As each
    partner is different, we have and will continue utilizing all our trade
    policy tools to come up with innovative arrangements, whether in the
    context of a large trade arrangement or through other formats that
    would secure market access and provide the greatest economically
    meaningful outcomes for the United States. We look forward to continued
    close coordination with Congress on these initiatives.

                                     ______

              Questions Submitted by Senator Shelley Moore Capito
        Question 1. I brought up this question last year during the fiscal
    year 2022 hearing. However, I still have concerns surrounding 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. My staff has reached out to USTR more than a few times to
    get a better understanding how the quotas and auditing process will
    work under the new agreement without receiving a sufficient response.

      --Are the quotas in the Trade Rate Quotas (TRQs) with the EU and the
            one being negotiated with the U.K. divided out by Harmonized
            Tariff Schedule (HTS) code or is it just a lump sum of all
            steel tonnage?
      --Can you elaborate on how the ``melted & poured'' requirement in the
            EU deal will be policed? What penalties will be levied for
            breaking the rules of the agreement?
      --Will the results of the annual audits under the U.S. and U.K. be
            published for review?

        Answer. The U.S. announcement of actions on EU imports under
    Section 232 provides that the aggregate annual import volume under the
    steel TRQ is set at 3.3MMT under 54 product categories (HTS codes for
    these product categories are listed in Annex 1 of the U.S. announcement
    https://ustr.gov/sites/default/files/files/Statements/
    US%20232%20EU%20Statement.pdf). This annual volume is allocated by
    product category on an EU member state basis in line with the 2015-2017
    historical period.
        The U.S. announcement of actions on UK imports under Section 232
    provides that the aggregate annual import volume under the steel TRQ is
    set at 0.5 MMT under 54 product categories (HTS codes for these product
    categories are listed in Annex 1 of the U.S. announcement https://
    www.commerce.gov/sites/default/files/2022-03/UK232-US-Statement.pdf).
    This annual volume is allocated by product category in line with the
    2018-2019 historical period. The U.S. Customs and Border Protection, in
    consultation with the Department of Commerce, administers the TRQ.
        With regard to the annual audit, the U.S.-UK joint statement
    provides that, upon completion, the results of the annual audits will
    be made available to the United States. The statement also provides
    that the United States will protect any audit properly identified as
    containing proprietary information from public disclosure to the extent
    permitted by U.S. law.
        Additional information on the administration of the TRQ or the
    annual audit may best be obtained from the Department of Commerce.

        Question 2. As part of the Phase One Agreement with China, Chinese
    leaders committed to buying an additional $200 billion worth of
    American goods and services over 2017 levels by the end of 2021.
    However, analysis\1\ of the trade data published in March 2022 founds
    that China only bought 57 percent of the U.S. exports they committed to
    make by the end of 2021.

      --Do you anticipate whether there will be a phase two of the
            agreement?
      --Will there be an effort taken by USTR to enforce China's compliance
            with the energy provisions that are part of the Phase One
            Agreement?

        Answer. It is apparent that China did not fully implement its Phase
    One Agreement purchase commitments, and we have been discussing with
    our Chinese counterparts how China plans to rectify the purchase
    shortfalls. We additionally continue to press China to implement other
    commitments of Phase One, including those relating to agriculture and
    intellectual property. We continue to consult with China on these and
    other trade matters, and all options remain on the table in dealing
    with China's compliance failures. We also need to acknowledge the
    limitations of the Phase One Agreement and past approaches to dealing
    with China. We are expanding our strategies beyond exclusively pressing
    China for change or for compliance with past commitments. We are
    prepared to use all available tools, and by exploring possible new
    tools as necessary, to defend our economic interests in the face of
    China's unfair policies and practices. We are also working more closely
    with like-minded trading partners on issues of shared concern and new
    potential strategies.

        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.

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

        Answer. I understand your concerns about spikes in lumber prices
    over the past year and a half, which have been followed by a downward
    trend due to changes in supply and demand as our economy recovers from
    the pandemic.
        I continue to discuss softwood lumber with my Canadian counterpart
    in every meeting. The United States is open to resolving our
    differences with Canada over softwood lumber, but it would require
    Canada to address its 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.
    ---------------------------------------------------------------------------
        \1\ https://www.piie.com/blogs/realtime-economic-issues-watch/
    china-bought-none-extra-200-
    billion-us-exports-trumps-trade.

                                     ______

                  Questions Submitted by Senator John Kennedy
        Question 1. Thank you for your work in protecting U.S. farmers last
    week at the WTO--standing strong against India's ploys to expand their
    agricultural subsidies and public stockholding programs. As you know,
    rice is an important commodity in Louisiana and our farmers have been
    operating at a competitive disadvantage to India for years because of
    their trade distorting policies. Myself and 17 colleagues sent you a
    letter to this effect in December. Can you commit to taking action to
    address India's behaviors and hold them accountable at the WTO?

        Answer. I share your concerns regarding India's domestic support
    policies and am committed to holding our trading partners accountable
    to their international trade commitments. I also appreciate the
    reference to your letter of December 2021, which highlights that U.S.
    agricultural producers and exporters, particularly in the rice and
    wheat industries, are disadvantaged as a result of Indian domestic
    support policies.
        India is a notable competitor for U.S. farmers, including Louisiana
    rice farmers, in third-country markets, and its agricultural policies
    impact our ability to export grains and other products both to India
    and globally. USTR and USDA staff are closely reviewing India's
    domestic support measures, and we are considering all options to ensure
    that U.S. exports can compete on a level playing field. In addition,
    the United States is working closely with a sizeable and growing
    coalition of World Trade Organization (WTO) Members in Geneva who share
    our concerns regarding India's domestic support policies. In May, the
    United States and other concerned WTO Members initiated technical
    consultations with India under the Bali Decision on Public Stockholding
    for Food Security Purposes.
        Additionally, at the 12th Ministerial Conference of the WTO in
    June, I am pleased that we were able to uphold important WTO
    commitments on agriculture by standing up to India's demands that its
    public stockholding programs be exempted permanently from WTO limits on
    trade- distorting agricultural subsidies.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. So thank you very much, Ambassador Tai.
    This hearing stands in--subcommittee stands in recess until the
    call of the Chair.
        [Whereupon, at 11:12 a.m., Wednesday, June 22, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2023

                                  ----------

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

        [Clerk's note.--The subcommittee was unable to hold
    hearings on departmental and nondepartmental witnesses. The
    statements and letters of those submitting written testimony
    are as follows:]

                             DEPARTMENTAL WITNESSES

              Prepared Statement of American Physiological Society
        The American Physiological Society (APS) thanks you for your
    sustained support of science at the NSF and NASA. In this statement we
    offer our recommendations for FY 2023 funding levels for these two
    agencies.

      --The APS urges you to fund the FY 2023 NSF budget at a level of at
            least $11 billion to prevent further erosion of program
            capacity and allow researchers to take advantage of scientific
            opportunities.
      --The APS urges you to restore cuts to NASA's life sciences research
            budgets and to increase funding for the Human Research Program.

        NSF and NASA support scientific research and technology development
    programs essential to the future technological excellence and economic
    stability of the United States. Federal investment in this research is
    critically important because breakthroughs in basic and translational
    research provide the foundation for new technologies to fuel our
    economy and make it possible for the United States to remain a global
    leader in science, technology and engineering. According to the 2022
    Science and Engineering Indicators, other countries including China
    continue to increase basic research funding at a rate that outpaces the
    growth of U.S. investments.\1\
             nsf funds outstanding research and education programs
        NSF provides support for 24% of all federally funded basic
    scientific research, including 65% of the support for non-medical
    research in biology. NSF invests in basic biological research across a
    broad spectrum of sub-disciplines along with the equipment and other
    infrastructure scientists need for their work. Time and time again we
    have seen that knowledge gained through basic biological research
    provides a foundation for more applied studies that sustain the health
    of animals, humans and ecosystems. Moreover, NSF-funded research has
    led to countless new and unexpected discoveries that could not have
    been envisioned when the research began. These unforeseen applications
    have had enormous impacts on science, health and the world's economy.
        94% of the NSF budget directly funds research and education. Most
    of this funding is awarded through highly competitive grants, which
    support over 300,000 researchers across all 50 States.\2\ The NSF is
    the only Federal agency that supports basic research across all
    disciplines of science and engineering, and its continued funding is
    critical for the development of the next generation of scientists. NSF
    has an exemplary record of funding research with far-reaching
    potential. Since its inception in 1950, NSF has supported the work of
    248 Nobel Laureates, including the 2020 Nobel Prize in Chemistry for
    the development of CRISPR gene editing technology. Although there are
    many promising applications of CRISPR technology, such as rapid
    diagnosis of diseases like COVID-19, its discovery started as
    curiosity-driven basic science.
        Biological research is just one part of the NSF portfolio. The APS
    believes that each of the NSF directorates support research that is
    critical to NSF's mission ``to promote the progress of science; to
    advance the National health, prosperity, and welfare; and to secure the
    National defense.'' Collaboration among scientific disciplines is
    increasingly recognized as the best and most efficient way to advance
    science. This will only be possible with strong support for all
    disciplines of research.
        In addition to funding innovative research in labs around the
    country, NSF education programs foster the next generation of
    scientists. The APS is proud to have partnered with NSF in programs to
    provide training opportunities and career development activities to
    enhance the participation of underrepresented minorities in science. We
    believe that NSF is uniquely suited to foster science education
    programs of the highest quality, and we recommend that Congress
    continues to provide Federal funds for science education through the
    NSF.
        The APS joins the Federation of American Societies for Experimental
    Biology (FASEB) in recommending that the NSF be funded at a level of at
    least $11 billion in FY 2023. The NSF budget has been flat in real
    terms for approximately the last 15 years. When former NSF Director Dr.
    France Cordova testified before the House Appropriations subcommittee
    on Commerce, Justice and Science on March 26, 2019, she stated that
    each year the NSF receives approximately $4 billion worth of well-rated
    proposals that the agency is unable to fund within its current budget.
    Providing the agency with a significant budget increase would allow the
    NSF to support approximately 2,000 additional research grants. The NSF
    is poised to address major challenges facing our Nation and our world
    in the 21st Century, but it needs adequate resources to continue to
    carry out its mission.
         support for life sciences research should be increased at nasa
        NASA sponsors research across a broad range of the basic and
    applied life sciences, including gravitational biology, biomedical
    research and the Human Research Program (HRP). The gravitational
    biology and biomedical research programs explore fundamental scientific
    questions through research carried out both on Earth and aboard the
    International Space Station, which provides an environment for the
    conduct of experiments in space. NASA's HRP conducts focused research
    and develops countermeasures with the goal of enabling safe and
    productive human space exploration. The program funds more than 300
    research grants that go to academic researchers in more than 30 States
    around the country.
        During prolonged space flight, the physiological changes that occur
    due to weightlessness, increased exposure to radiation, confined living
    quarters, and alterations in eating and sleeping patterns can lead to
    debilitating conditions and reduced ability to perform tasks.
    Scientists are actively engaged in research that explores the
    physiological basis of these problems with the goal of contributing to
    the identification of therapeutic targets and development of novel
    countermeasures. One of the most well-known studies of these
    physiological changes is the NASA Twin Study which compared identical
    twins and fellow astronauts Mark and Scott Kelly to document changes
    that occurred following Scott Kelly's 1 year mission aboard the
    International Space Station.\3\ The knowledge gained from this research
    is not only relevant to humans traveling in space, but is also directly
    applicable to human health on Earth. For example, some of the muscle
    and bone changes observed in astronauts after prolonged space flight
    are similar to those seen in patients confined to bed rest during
    periods of critical illness as well as during the process of aging.
        NASA is the only agency whose mission addresses the biomedical
    challenges of human space exploration. Over the past several years, the
    amount of money available for conducting this kind of research at NASA
    has dwindled. In the past, appropriations legislation specified funding
    levels for biomedical research and gravitational biology, but ongoing
    internal reorganizations at NASA have made it difficult to understand
    how much money is being spent on these programs from year to year. The
    APS recommends that funding streams for these important fundamental
    research programs be clearly identified and tracked within the NASA
    budget. The APS also recommends restoration of cuts to peer-reviewed
    life sciences research to allow NASA-funded scientists to conduct
    research that will be critical not only for supporting the success of
    future long-range manned space exploration but also in leading to
    innovative discoveries that can be applied to Earth-based medicine. As
    highlighted above, investment in the basic sciences is vital to our
    Nation's technological and economic future. This innovative engine of
    research fuels our world leadership and our economy. The APS urges you
    to make every effort to provide these agencies with increased funding
    for FY 2023.
        Physiology is a broad area of scientific inquiry that focuses on
    how molecules, cells, tissues and organs function in health and
    disease. The American Physiological Society connects a global,
    multidisciplinary community of more than 10,000 biomedical scientists
    and educators as part of its mission to advance scientific discovery,
    understand life and improve health. The Society drives collaboration
    and spotlights scientific discoveries through its 16 scholarly journals
    and programming that support researchers and educators in their work.
    ---------------------------------------------------------------------------
        \1\ https://ncses.nsf.gov/pubs/nsb20221/executive-summary.
        \2\ https://www.nsf.gov/news/factsheets/
    Factsheet_By%20the%20Numbers_05_21_V02.pdf.
        \3\ https://www.nasa.gov/feature/nasa-twins-study-confirms-
    preliminary-findings.

                                     ______

                  Prepared Statement of Department of Justice
        Members of the Senate Committee on Appropriations--Subcommittee on
    Commerce, Justice, Science, and Related Agencies, my name is Abigail
    Echo-Hawk, and I am an enrolled citizen of the Pawnee Nation of
    Oklahoma, currently living in an urban Indian community in Seattle,
    Washington. I am Executive Vice President of the Seattle Indian Health
    Board (SIHB) and the Director of Urban Indian Health Institute (UIHI)
    where I oversee policy, research, data, and evaluation initiatives. To
    uphold the legislative mandate of the Not Invisible Act and Savanna's
    Act required by the Department of Justice and Department of Interior, I
    would like to request an oversight hearing on this issue. The Not
    Invisible Act and Savanna's Act are critical for addressing the Missing
    and Murdered Indigenous Women and People (MMIWP) crisis. Each day these
    go unfulfilled our Tribes, communities, and individuals affected by
    MMIWP go unserved.
        I am an American Indian health researcher with more than 20 years
    of experience in both academic and non-profit settings. I participate
    in numerous local, State, and Federal efforts to support AI/AN
    communities in research, including serving on the Tribal Collaborations
    Workgroup for the National Institutes of Health (NIH) All of Us
    precision medicine initiative. I am also a recent member of the NIH
    Office of AIDs Research Advisory Council as the only Native
    representative. I am a co-author to four groundbreaking research
    studies on sexual violence and Missing and Murdered Indigenous Women
    and Girls (MMIWG) where I have called national attention to the
    institutional barriers in data collection, reporting, and analysis of
    demographic data that perpetuate violence against AI/AN people. I am a
    member of the National Academies of Sciences, Engineering, and Medicine
    (NASEM) Standing Committee for the Centers for Disease Control and
    Prevention (CDC) Center for Preparedness and Response (SCPR).
    Additionally, I serve on Washington State Office of the Attorney
    General's task force for Missing and Murdered Indigenous Women and
    People.
                bringing national attention to the mmiwp crisis
        In 2018, UIHI released a groundbreaking report titled, Missing and
    Murdered Indigenous Women and Girls Report.\1\ Through the first
    publication and multiple reports released since then, UIHI continues to
    identify gaps in local to Federal data collection methods on AI/AN
    people, gaps in gender-based violence care continuation, and lack of
    Federal funding available to meet the unique and prompting needs of
    Indigenous communities.
        Since the release of our initial report, UIHI continues to document
    the existing resiliency and cultural strengths that combat the MMIWP
    crisis. In 2022, UIHI released Supporting the Sacred: Womxn of
    Resilience\2\ which gathered the voices of AI/AN survivors and
    recommended increased and flexible funding for housing stability, legal
    representation, behavioral health, and investing in community services
    to reduce survivors' unmet needs. The report also found the
    relationship between law enforcement, providers, and survivors could be
    improved through culturally responsive training and authentic
    relationship-building. Finally, the report concludes by stressing
    gender-based violence services and programming be led by Native experts
    and communities to ensure utmost care of our people.
        In 2022, we also released Service as Ceremony: A Journey toward
    Healing,\3\ which identified the intersectional impacts COVID-19 had on
    AI/AN experiencing intimate partner violence from the perspective of
    direct service providers. Recommendations to mitigate intimate partner
    violence includes training medical providers to work with AI/AN
    communities, support increased funding for community-based programming
    and services, and promote cross-system coordination amongst responders,
    Tribes, law enforcement, and community organizations.
        Our reports continuously demand improved data collection on AI/AN
    populations, cross-system coordination, and increased investments to
    our community-based organizations serving AI/AN survivors, victims,
    families, and community members affected by violence.
    equity determination by the gao and department of justice (doj) equity
                                      plan
        In 2021, the Government Accountability Office (GAO) released
    Missing or Murdered Indigenous Women: New Efforts Are Underway but
    Opportunities Exist to Improve the Federal Response\4\ documenting the
    Department of Interior (DOI) and the Department of Justice's (DOJ)
    Federal implementation failures to implement the Not Invisible Act and
    Savanna's Act of 2019. The GAO report recommended DOJ and DOI fulfill
    their legislative mandates by: developing a plan accomplish ongoing
    analyses of data in existing Federal databases; developing a strategy
    to educate the public on entering data into NamUs; developing a plan to
    conduct outreach to Tribes, Tribal organizations, and urban Indian
    organizations (UIO) to enter data into NamUs, and; and encouraging the
    Secretary of the Interior to appoint members to the Not Invisible
    Commission. The lack of Federal implementation of these legislative
    mandates perpetuates the cycle of violence against Indigenous bodies
    when Indian Country continues to demand action, accountability, and
    justice for our loved ones.
        In alignment with Executive Order 13985: Advancing Racial Equity
    and Support for Underserved Communities Through the Federal Government
    and the DOJ--Equity Action Plan, we request the DOJ engage with
    underserved communities more effectively to increase reporting of
    crimes; ensure appropriate consideration of the needs of victims, and;
    improve the dissemination of resources, programs, and services. These
    efforts will honor the government-to-government relationship with
    Tribal communities and strengthen agency communication with front line
    responders to the MMIWP crisis.
              improving doj's approaches and response to violence
        Due to unique legal jurisdictional precedent on Tribal lands,
    Indian Country relies on the efforts of DOJ to assist violent crimes on
    and off Tribal lands. We request Congress oversee the implementation of
    Savanna's Act by the DOJ and ensure their equity plans do not go
    dismissed.
        A continuous issue that affects both Tribal regions and urban
    areas, is the lack of multidisciplinary and multijurisdictional
    coordination for MMIWP. Tribal, Federal, State, and local jurisdictions
    often offer disjointed responses that leave crime victims and families
    without appropriate intervention resources and no way to hold officials
    accountable. Similar to DOJ creating an MMIP website available for
    anyone, DOJ must support improved communication amongst Tribes, State
    and local law enforcement, and community members through a nationwide
    data system to document missing and endangered Indigenous people.
    Additionally, DOJ can improve coordination between law enforcement and
    providers to assure victims, survivors, and families have access to
    programs, services, and activities that offer culturally responsive
    wraparound services in the local area.
        In Washington state, a historical missing and endangered Indigenous
    persons advisory alert was created which will notify law enforcement,
    Tribal areas, and the public. Similar to an Amber Alert, Washington
    state patrol will respond to the call, and maintain the clearinghouse
    associated with the call line for individuals impacted by MMIWP. These
    State-based solutions can begin to bridge the jurisdictional gaps
    associated with MMIWP, and create a unified approach for Tribal,
    Federal, State, and local responses.
        In 2021, UIHI released A Step Toward Justice,\5\ a case study
    documenting our efforts within the 13th largest county in the Nation,
    King County, to improve the accuracy of data collected on AI/AN
    populations. To address the misrepresentation and undercount of missing
    and murdered crimes against AI/AN people, UIHI led the creation of data
    fields for law enforcement to utilize and provided data collection
    techniques to improve accurate reporting on race/ethnicity, AI/AN
    identity, and Tribal affiliation. These efforts support law
    enforcement's improved data collection reporting from interactions with
    AI/AN people to better document AI/AN people affected by violence. We
    have created a national model that DOJ can use to support national
    efforts to identify AI/AN crime victims more accurately and correctly
    by engaging with Tribes, community leaders, and Tribal epidemiology
    centers.
     addressing the increase of intimate partner violence through flexible
                                    funding
        We are appreciative of the gender-based violence funding being made
    available to UIOs through the reauthorization of Violence Against
    Women's Act (VAWA). COVID supplements illuminated the various ways in
    which wraparound service providers can mediate authentic responses for
    Native survivors during times of a pandemic. During Tribal
    consultations held with the DOJ, Indian Country continuously asks for
    investments in our grassroot, community-based organizations, and Tribal
    organizations providing low-barrier direct service to both urban and
    rural AI/AN people. Our Native providers continue to offer unmatched
    services that must receive renewable, and flexible funding to respond
    to institutional inequities that perpetuate violence against Indigenous
    bodies.
        COVID-19 exacerbated social determinants of health in AI/AN
    communities including income, housing, health, and safety. During the
    stay-at-home orders, AI/AN women experienced an increase in intimate
    partner violence,\6\ exposing them to additional traumas and placing
    them at greater risk of becoming unhoused. Many survivors of violence
    turned to cultural services to escape unsafe conditions. Through
    flexible spending, our Native providers were able to offer centralized
    services to address social determinants of health that can often lead
    to increased risks of intimate partner violence. During the pandemic,
    cultural healing spaces were created by providers and grew to support
    survivors' access to behavioral health, medical services, continuing
    education, and employment opportunities. However, additional, and long-
    term funding is needed to support health access, legal services,
    educational opportunities, and on the ground support to care for
    survivors' and victims' holistic needs.
        A multi-pronged systemic approach to MMIWP will require
    implementation of Savanna's Act and Not Invisible Act, multi-
    jurisdictional coordination, improved data collection on AI/AN
    populations, and increased investment to community-based organizations
    responding to the crisis. These efforts will center those most impacted
    by MMIWP and address systemic issues plaguing Indian Country.
    ---------------------------------------------------------------------------
        \1\ Urban India Health Institute. (November 2018) Missing and
    Murdered Indigenous Women and Girls Report. Retrieved from: https://
    www.uihi.org/projects/our-bodies-our-stories/.
        \2\ Urban Indian Health Institute. (May 2021) Supporting the
    Sacred: Womxn of Resilience. Retrieved from: https://www.uihi.org/
    resources/supporting-the-sacred-womxn-of-resilience/.
        \3\ Urban Indian Health Institute. (February 2022) Service as
    Ceremony: A Journey toward Healing. Retrieved from: https://
    www.uihi.org/resources/service-as-ceremony-a-journey-toward-healing/.
        \4\ U.S. Government Accountability Office. (October 2021) Missing
    or Murdered Indigenous Women: New Efforts Are Underway but
    Opportunities Exist to Improve the Federal Response. Retrieved from:
    https://www.gao.gov/products/gao-22-104045.
        \5\ Urban Indian Health Institute. (October 2021) A Step Toward
    Justice Examining the collaboration between Urban Indian Health
    Institute and the King County Prosecuting Attorney's Office and the
    lessons learned from their partnerships. Retrieved from: https://
    www.uihi.org/projects/protecting-the-sacred/.
        \6\ Urban Indian Health Institute. (February 2022) Service as
    Ceremony: A Journey toward Healing. Retrieved from: https://
    www.uihi.org/resources/service-as-ceremony-a-journey-toward-healing/.

        [This statement was submitted by Abigail Echo-Hawk]
                                     ______

     Prepared Statement of U.S. Department of Commerce (DOC) and the U.S.
                          Department of Justice (DOJ)
                          u.s. department of commerce
    North Atlantic Right Whales    $26 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 2021, scientists from the New England Aquarium released
    a new population estimate for North Atlantic right whales, indicating
    that the population numbered only 336 as of January 2020, the lowest
    assessment in decades.\1\ 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
    with 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 year. In February 2021, an adult
    whale was confirmed dead due to injuries from entanglement. Two other
    entangled whales were added to the serious injuries list in 2021.
        Studies have shown that mortalities from known entanglements have
    continued to increase from 21 percent (1970-2002) to 51 percent (2003-
    2018).\2\ Entanglements caused as many as 85 percent of diagnosable
    deaths from 2010 to 2015. In February 2021, a study co-authored 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.\3\ 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.
        The FY22 appropriations omnibus included $21 million for North
    Atlantic right whales within the Marine Mammals, Sea Turtles, and Other
    Species line item. Within this funding, $2 million was directed to NOAA
    for the continuation of a pilot program developing and field-testing
    new fishing gear technologies designed to reduce entanglements, and $14
    million was provided to States through the Atlantic States Marine
    Fisheries Commission (ASMFC) to help defray the cost to the fishing
    industry of compliance with the final 2021 rule to modify the Atlantic
    Large Whale Take Reduction Plan (ALWTRP) (FR-210827-0171). We are
    immensely grateful for the subcommittee's concern for this species and
    the substantial increase in funding but remain deeply concerned with
    the effectiveness of the 2021 rule, in that it falls significantly
    short of the risk reduction needed to save this species from
    extinction.
        Within our proposal of $26 million, 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, and recommend $8 million be appropriated
    towards this. 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.\4\
        If we are to save this species, it will require the investment and
    cooperation among Congress, agencies, scientists, and industry to find
    long-term solutions. We appreciate the subcommittee's recognition of
    the urgency of this situation and the funding it continues to provide
    for the protection of North Atlantic right whales.
    Unusual Mortality Event Contingency Fund    $4.5 million
        Marine mammals are important indicator species of ocean health.
    Monitoring the health of marine mammals, especially during an Unusual
    Mortality Event (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 six active UMEs-Alaska ice seals, West
    Coast gray whales, Atlantic minke whales, North Atlantic right whales,
    Atlantic humpback whales, and Atlantic Florida manatees. In the newest
    UME to be declared, the 2021 Atlantic Florida manatee, over 1,000
    manatees have died. 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, 71 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 appropriated funds only in 2005;
    all other contributions to the Fund have been through voluntary
    contributions. Given the growing number of UMEs, $4.5 million should be
    allocated to the Unusual Mortality Event Contingency Fund to enable
    robust marine mammal stranding response efforts.
    John H. Prescott Marine Mammal Rescue Assistance Grant Program    $8
            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 21 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
    in 26 States, the District of Columbia, two territories, and two
    Tribes, 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 U.S. commerce. The program oversees imports
    of 13 species groups (which are comprised of more than 1,100 unique
    species) including sharks and sea cucumbers, two marine species that
    are increasingly threatened by IUU fishing. The 2019 addition of shrimp
    has had 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 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 US-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 FY23.
    Marine Mammal Commission (MMC)    $6 million
        The Marine Mammal Commission (MMC) is an independent Federal agency
    established by Congress in 1972 under the Marine Mammal Protection Act
    (MMPA). It is responsible for overseeing the proper implementation of
    the MMPA and 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.
        Each U.S. taxpayer contributes just over 1 cent per year to fund
    the MMC and its work. Until FY21, the MMC had been flat funded at $3.43
    million. In FY21, funding for the MMC was slightly increased to $3.769
    million, and was then further increased to $4.2 million in FY22. Due to
    rising fixed costs, the MMC has absorbed significant essential costs
    (salaries, rent, etc.) and thereby reduced its discretionary funding.
    In order for the MMC to fully fulfill its obligations, we ask that $6
    million be appropriated for FY23.
                           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
    its work on animal cruelty crimes is warranted.
    ---------------------------------------------------------------------------
        \1\ Heather Pettis, Richard Pace III, Philip Hamilton, North
    Atlantic Right Whale Consortium 2021 Annual Report Card Report to the
    North Atlantic Right Whale Consortium (2022) available at https://
    www.narwc.org/uploads/1/1/6/6/116623219/2021report_cardfinal.pdf.
        \2\ 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).
        \3\ Pace, R. et al. (2021). Cryptic mortality of North Atlantic
    right whales. Conservation Science and Practice. 3. 10.1111/csp2.346.
        \4\ Knowlton et al. (2016).

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

            Prepared Statement of the Wildlife Conservation Society
        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 FY22 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 the National Marine
    Fisheries Service (NMFS) Fisheries Data Collections, Surveys, and
    Assessments funding line specifically to enhance data collection and
    stock assessment of vulnerable shark, skate and ray species.
        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%
    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 FY23 Commerce,
    Justice, Science and Related Agencies appropriations bill to increase
    investments in the National Marine Sanctuaries Program, North Atlantic
    right whale conservation and fisheries data collections, surveys and
    assessments to improve fisheries management and conservation measures
    for vulnerable shark, skate and ray species.
      --NOAA--National Marine Sanctuaries Program--$87 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 fifty
    States. The National Marine Sanctuary Program serves as trustee for 15
    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% of the world's lands and oceans
    by 2030 (30x30). US 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 increasing access
    to nature, especially for under-resourced communities, and 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 protection.
    Currently, there is no Sanctuary in the biodiverse and culturally
    important waters of the New York Bight. Therefore, 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 within the Sanctuary, should
    it be 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 $87m for the FY23 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, $26 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 Act, 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.
        Recently updated estimates for North Atlantic right whale indicate
    that between January 2019 and January 2020 its population plummeted an
    additional eight% to 336 individuals, entailing a rate of decline forty
    times the legal limit. This is the lowest assessment in decades. 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,
    noise pollution, and other impacts from fisheries and offshore wind
    energy development. including New York and New Jersey waters.
    Scientists from the Wildlife Conservation Society, in collaboration
    with the Woods Hole Oceanographic Institution and other partners, are
    monitoring right whales and other marine mammals as they migrate
    through the busy waters of the New York Bight. Twelve million dollars
    out of $26 million is needed to increase investments in research,
    monitoring and management related to vessel strikes, ocean noise 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--National Marine Fisheries Service (NMFS) Fisheries Data
            Collections, Surveys, and Assessments funding line for
            vulnerable shark, skate and ray species, $10 Million:
            Insufficient fisheries data and stock assessment of shark,
            skate and ray populations prevents scientists from determining
            whether species are overfished and/or subject to overfishing.
            Many sharks are important predators in ocean food chains, which
            makes them critical in maintaining the balance of marine
            ecosystems. Most shark and ray species are long-lived, mature
            late, and produce few offspring. These life history
            characteristics make sharks extremely vulnerable to
            overfishing, whether from targeted fishing or bycatch. In a
            recent paper, experts estimated that 37.5% of shark and ray
            species are threatened with extinction, according to
            International Union for Conservation of Nature (IUCN) Red List
            criteria. Overfishing is the main threat for 100% of threatened
            species and the sole threat affecting 67 % of these species.
            Based on data from NMFS 2020 Report to Congress on the status
            of U.S. shark fisheries, there are 34 shark stock or stock
            complexes listed in U.S. waters of which 68% are either
            overfished and experiencing overfishing , have a mixed status ,
            or have an ``unknown'' overfished or overfishing stock status .
            By directing $10 million specifically allocated towards stock
            assessments for vulnerable shark, skate and ray species,
            Congress can help ensure the improved management and
            conservation of this important group of species.
        WCS appreciates the opportunity to share its perspective and to
    make a case for increases in Federal investments in ocean conservation
    in the FY23 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 FY23 Appropriations
    Act. WCS marine science and policy experts are available to the
    subcommittee should there be any follow up questions.

        [This statement was submitted by Noah Chesnin, Associate Director,
    New York Seascape Program]
                                  ----------

                           NONDEPARTMENTAL WITNESSES

       Prepared Statement of The Alliance to End Slavery and Trafficking
    Honorable Matt Cartwright, Chair, Honorable Robert Aderholt, Ranking
    Member, House Appropriations Subcommittee on Commerce, Justice, Science
    and Related Agencies, Honorable Jeanne Shaheen, Chair, Honorable Jerry
    Moran, Ranking Member, Senate Appropriations Subcommittee on Commerce,
    Justice, Science and Related Agencies:

        The Alliance to End Slavery and Trafficking (ATEST) appreciates and
    thanks you for your leadership in the fight to end child labor, forced
    labor and human trafficking. We are grateful for the increased support
    these programs have received over the past decade. We seek your
    assistance again in funding essential programs in the FY23 Commerce,
    Justice, Science and Related Agencies bill. The Justice Department
    plays a vital role in bringing traffickers to justice. These cases are
    often complicated and involve lengthy legal proceedings requiring
    additional resources for prosecutors as well as for victims who often
    experience severe trauma requiring intensive therapy and long-term
    services and support to rebuild their lives. Most victims require
    comprehensive case management, legal services and access to housing
    supported by trauma-informed and culturally competent victim services
    and community-based organizations to support their goals and help them
    navigate the often re-traumatizing court process.
        We are grateful for your support to increase investments in these
    areas, and to continue to ensure that the Department of Justice works
    to strengthen collaborative community responses to human trafficking.
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

                             department of justice
        Office of Justice Programs/State and Local Law Enforcement
    Assistance Victim Services Grants and Human Trafficking Task Forces:
    $150,000,000--According to the 2021 Trafficking in Persons (TIP)
    Report, Department of Justice (DOJ) grantees served 9,854 clients
    during the most recent 1-year period (7/1/19 to 6/30/20), approximately
    17.6 percent more clients than DOJ grantees served the prior year
    (8,375). The National Human Trafficking Hotline identified 18,600 sex
    trafficking and forced labor victims in 2020, and reported a 60 percent
    increase in signal volume since 2019. Given that survivors of
    trafficking are coming forward in greater numbers than are being served
    by DOJ grantees, robust resources are needed to ensure that they
    receive appropriate responses and services. Data from the Trafficking
    Hotline and anecdotal evidence from established service providers
    demonstrate that insufficient resources and hindered access to
    resources remain a significant barrier for survivors. For example,
    service providers in New York City, including an ATEST member, reported
    a significant increase in survivors' requests for rental assistance,
    medical cost coverage and food vouchers. While some of these requests
    were met, service providers engaged in ongoing advocacy with landlords
    and medical providers to negotiate rent arrears arrangements or lower
    medical bills when funding was insufficient to cover these costs. In
    2020 and 2021, Trafficking Hotline data shows that more than 50 percent
    of all crisis calls were requests for emergency shelter assistance.
        The COVID-19 crisis has drastically changed the landscape for
    serving human trafficking victims and survivors. Service providers
    nationwide have reported a greater caseload and more difficulties
    providing services due to complicated and evolving COVID-19 mitigation
    measures. Data from one service provider showed a 556 percent increase
    in emergency response cases of escaping survivors since the start of
    the pandemic in 2019. Furthermore, this service provider has
    experienced a 455 percent increase in costs for basic necessities. As
    economic vulnerabilities continue to increase throughout the duration
    of the pandemic and economic recovery remains inconsistent, we expect
    an ongoing increase in required services for victims and survivors.
    Despite the amplified need for comprehensive services, we anticipate a
    possible 35 percent decrease in funding for service providers in the
    anti-trafficking movement as part of the economic fallout from this
    global health crisis. We are seeing significantly heightened client
    financial needs in all areas, including social and legal needs, and
    expect a significant increase in the need for sustained comprehensive
    services.
        To attempt to meet the growing needs of victims and survivors, we
    request $150,000,000 for human trafficking survivors and law
    enforcement. Given the increased vulnerability to trafficking due to
    persistent unemployment and general financial, legal and social
    instability, we request that no less than $126,000,000 of the
    appropriation be for victim services, and that the majority of OVC
    money continues to be spent supporting direct services for all forms of
    trafficking in persons, including intensive case management and legal
    and shelter services. We also request that OVC review monies granted to
    law enforcement task forces to ensure task forces are adopting victim-
    centered approaches. Two of ATEST's direct service provider members,
    who also run federally funded task forces under the Enhanced
    Collaborative Model grants, report that many of their clients have
    experienced negative or harmful interactions with law enforcement.
    Clients report being coerced to testify against their traffickers under
    threat of prosecution themselves. Other clients who have reported
    strong labor trafficking cases have not been granted Continued Presence
    and law enforcement has declined to investigate these allegations.
    Other survivors were required to interview with law enforcement up to
    six separate times at the height of the pandemic, and were still not
    issued Continued Presence until their victim service provider advocates
    intervened on their behalf. One BIPOC client shared she was turned away
    by the police when seeking help. ``I was searching for help and when I
    went to the police department they looked at me like I was crazy. They
    told me no one would want to house me or help me if I kept telling
    people I was running away from a pimp. They gave me a cold shoulder, a
    pamphlet to go across the street, and shooed me away.'' Essentially,
    when survivors of human trafficking seek help from law enforcement, the
    majority of survivors report being turned away, or arrested.
        With respect to implementation of the Trafficking Victims
    Protection Act (TVPA) related to protection of victim rights, section 5
    of Public Law 115-392 (one of the four bills in the most recent TVPA
    reauthorization), the Secretary of the Department of Homeland Security
    was to issue a directive regarding victim protection training and
    victim screening protocols. These protocols have still not been
    developed. ATEST is deeply invested in the development of victim-
    centered protocols by DOJ and DHS, in strong collaboration with DOL and
    HHS, for publication and dissemination to the extensive network of DOJ-
    funded task forces around the country.
        Finally, we want to acknowledge, gratefully, that colleagues within
    the Department of Justice have steadfastly responded to our
    appropriations requests over the past decade and we have seen large
    increases in funding disbursed by Department of Justice for victims of
    human trafficking. The COVID-19 global pandemic is unlike anything we
    have seen before in recent times, and victims of human trafficking are
    disproportionately impacted. Therefore, we continue to request
    significantly elevated levels of funding and hope to continue the
    ongoing trend of increased appropriations.
        Proposed Report Language: The bill provides $150,000,000 for the
    Victims of Trafficking Grant program, of which no less than
    $126,000,000 is for victim services. The $10,000,000 request for minor
    victim services grants is included within the $150,000,000
    appropriations request for victim services overall.
        Office of Justice Programs/State and Local Law Enforcement
    Assistance Minor Victim Services Grants: $10,000,000--Specialized,
    comprehensive, trauma-informed and gender- specific assistance to minor
    victims of human trafficking is critical. Minors face significant
    hurdles recovering from the abuse and trauma they have endured. Law
    enforcement has identified the lack of specialized housing programs
    throughout the U.S. as the greatest obstacle in effectively prosecuting
    child traffickers. The Attorney General is authorized to provide grant
    funding to serve sex-trafficked minors. We request additional funds to
    support services, training and outreach for labor-trafficked youth.
    Including labor trafficked children is imperative given that the
    Federal definition of human trafficking includes both sex trafficking
    and forced labor. Furthermore, labor trafficking victims experience the
    same types of trauma, physical, sexual and psychological abuse seen in
    sex trafficking cases. Unaccompanied minors working are at risk of and
    have experienced sex and/or labor trafficking, but often only receive
    support for their sex trafficking recovery. More than 50 percent of the
    Safe Horizon Anti-Trafficking Program clients are identified as labor
    trafficking victims. Another ATEST member noted that 28 percent of
    their survivors served were trafficked as minors. Increased funding to
    serve minor victims of all forms of human trafficking, including labor
    trafficking, would critically shore up prevention and protection
    efforts.
        According to the National Advisory Committee on the Sex Trafficking
    of Youth in the United States, ``a child or youth may more readily
    disclose concerns related to labor trafficking than concerns related to
    sex trafficking given the sexual violence, trauma, and stigma endemic
    in sex trafficking. Additionally, some disclosures that initially seem
    to involve only sex trafficking may also involve labor trafficking, as
    children and youth may be forced to work while also being made to
    engage in commercial sex acts.'' We further request that the bill
    contain statutory language to make this funding available for 2 years
    instead of just 1 year.
        Proposed Report Language: The bill provides $10,000,000 for Minor
    Victims of Trafficking Grant program, of which $5,000,000 is for victim
    services grants for sex trafficked minors, and an additional $5,000,000
    for victim services grants for labor trafficked minors. The Committee
    encourages DOJ to work in close coordination with the Department of
    Health and Human Services to encourage collaboration and reduce
    duplication of effort.
        Legal Activities/Civil Rights Division, Human Trafficking
    Prosecution Unit (HTPU): $8,000,000--HTPU houses the government's top
    legal experts on prosecuting human trafficking cases. These cases are
    resource-intensive because they are procedurally complex and involve
    multiple jurisdictions and defendants. Per the Human Trafficking
    Institute's Federal Human Trafficking Report, HTPU cases had a 89
    percent conviction rate in 2020. Defendants in HTPU cases are
    consistently receiving longer sentences and more frequently ordered to
    pay restitution than non-HTPU cases. With increased funding, HTPU will
    be able to increase prosecutions of all forms of trafficking and forced
    labor. This funding should be prioritized for the prosecution of forced
    labor cases, which only constituted 6 percent of the active
    prosecutions in 2020, compared to 94 percent of active prosecutions for
    sex trafficking. From 2019 to 2020, new forced labor cases declined 11
    percent, from 9 cases to 8 cases. The Human Trafficking Institute noted
    that prosecutors filed more sex trafficking prosecutions in 2020 than
    all forced labor prosecutions filed over more than 20 years after TVPA
    passage.
        Additionally, the Abolish Human Trafficking Act (Public Law 115-
    392) designates an assistant U.S. Attorney in every U.S. Attorney's
    Office across the United States to prosecute human trafficking cases.
    HTPU is responsible for supporting the training of these prosecutors.
        Proposed Report Language: The Committee provides $8,000,000 for the
    Human Trafficking Prosecution Unit (HTPU) and encourages HTPU and the
    Anti-Trafficking Coordination Teams to continue working with victim
    service providers and non-governmental organizations to ensure victim
    needs are prioritized as part of the overall strategy to combat human
    trafficking and particularly forced labor in the United States.
    Additional resources provided are to implement section 15 of Public Law
    115-392. Furthermore, the Committee directs the Human Trafficking
    Prosecution Unit (HTPU) to report to the Committees on Appropriations
    no later than 120 days following enactment of this act on (1) the total
    number of human trafficking cases it prosecuted or assisted in
    prosecuting within the last 3 years disaggregated by type of
    trafficking, (2) the number of Assistant U.S. Attorneys who received
    training on human trafficking within the past 3 years, and, (3) the
    number of Assistant U.S. Attorneys who received training on restitution
    for human trafficking victims within the past 3 years.
        National Institute of Justice/Prevalence Methodology & Study:
    $10,000,0000.--DOJ missed the deadline of December 21, 2019 to update
    Congress on its efforts to conduct the evaluation research and develop
    a methodology to assess the prevalence of human trafficking in the
    United States as mandated by Sec. 401(a) of the Trafficking Victims
    Protection Act of 2017 (Public Law 115- 393). In the past, no funding
    has been allocated to a prevalence study in the United States. Funding
    provided will allow NIJ to finally develop a methodology and conduct a
    prevalence study on the nature of trafficking in the United States, or
    more accurately, a series of prevalence studies focused on specific
    geographies, economic sectors, and forms of trafficking. This research
    is essential to inform future appropriations decisions for counter-
    trafficking in persons programs. The development and implementation of
    the methodology is estimated to cost $10,000,000 total. Such sums
    necessary to complete the evaluation research and development should be
    appropriated for FY23.
        The lack of coordinated efforts across the country to collect
    reliable data about trafficking means funds are appropriated and
    programs established without dependable information regarding the
    prevalence of specific types of trafficking, the locations in which
    trafficking occurs, and the effectiveness of specific anti-trafficking
    measures. A concerted effort to collect reliable, accurate, relevant,
    and impartial data is necessary to establish more effective counter-
    trafficking in persons programs and to more appropriately target
    Federal funding. The study will need to include information from
    Federal and State law enforcement alongside direct service providers in
    order to present a comprehensive landscape of human trafficking in the
    United States. Conducting pilot studies that target specific high-
    prevalence regions, economic sectors, and population groups is a
    crucial step in developing a comprehensive and accurate prevalence
    methodology study; moreover, limiting the covered populations (as
    opposed to a national prevalence estimate) will allow the work to be
    conducted on a shorter timeline. The United States already invests a
    significant amount of resources in measuring human trafficking
    prevalence aboard, and it is past time to make the same level of
    investment in measuring prevalence domestically, if we are to continue
    as a leader in the global anti-trafficking field.
        Proposed Report Language: The Committee directs the Secretary to
    report on efforts made by the National Institute of Justice to develop
    a methodology to assess the prevalence of human trafficking in the
    United States as mandated by Sec. 401(a) of the Trafficking Victims
    Protection Act of 2017 (Public Law 115-393). The Secretary should
    include in this report an estimate of the necessary funds to complete
    the evaluation research and development of the methodology in fiscal
    year 2023 and fiscal year 2024.
        Federal Bureau of Investigation: Report Language.--The FBI is a
    critical Federal law enforcement agency partner fighting human
    trafficking. The presence of the FBI in any trafficking investigation
    significantly increases the chances of success. Furthermore, with
    trafficking investigations often crossing state lines, the presence of
    the FBI becomes critical.
        Proposed Report Language: The Committee recognizes the complex
    nature of human trafficking investigations and encourages the Director
    to allocate additional resources for human trafficking cases and
    designate a lead agent in each field office as a point of contact for
    human trafficking investigations.
    Legal Activities/United States Attorneys: Report Language
        1) Consistent with the reauthorization of the Trafficking Victim
    Protection Act's requirement that each U.S. Attorney's Office (USAO)
    designate an Assistant U.S. Attorney (AUSA) as a lead human trafficking
    prosecutor, we request that the subcommittee include report language
    encouraging the prompt implementation and that the Executive Office of
    U.S. Attorneys provide sufficient support and training and technical
    assistance to the designated AUSAs to enable each respective
    jurisdiction to improve coordination and communication.
        Proposed Report Language: The Committee directs the Executive
    Office of U.S. Attorneys, in consultation with the United States
    Attorneys, to provide sufficient support and training and technical
    assistance to each Assistant U.S. Attorney designated as the lead human
    trafficking prosecutor, consistent with the Trafficking Victims
    Protection Act.
        2) We request that the Executive Office of U.S. Attorneys, in
    consultation with the Department of Homeland Security, develop a
    process to enable survivors with T-visas to obtain an expedited letter
    of support from the Department of Justice when their criminal case is
    closed.
        Proposed Report Language: Designating a point of contact will
    improve communication and coordination within each jurisdiction,
    including victim service organizations, in order to better serve the
    victims of human trafficking and forced labor. The Committee directs
    the Executive Office of U.S. Attorneys, in consultation with the
    Department of Homeland Security, to develop a process to enable
    survivors with T-visas to obtain an expedited letter of support from
    the Department of Justice when their criminal case is closed, including
    a report on sufficient staffing to ensure that requests for letters can
    be processed in less than 3 months.
        As a champion for the victims of child labor, forced labor and sex
    trafficking, you understand the complexities of these issues and the
    resources needed to respond. We have carefully vetted our requests to
    focus on the most important and effective programs. We thank you for
    your consideration of these requests and your continued leadership. If
    you have any questions, please contact ATEST Director Terry FitzPatrick
    (terry.fitzpatrick@atest-us.org).
        Sincerely,
        Coalition to Abolish Slavery and Trafficking (CAST)
        Coalition of Immokalee Workers (CIW)
        Covenant House Free the Slaves HEAL Trafficking
        Human Trafficking Institute Human Trafficking Legal Center Humanity
    United Action
        McCain Institute for International Leadership
        National Network for Youth (NN4Y) Polaris
        Safe Horizon Solidarity Center
        T'ruah: The Rabbinic Call for Human Rights United Way Worldwide
        Verite
        Vital Voices Global Partnership
        ATEST is a U.S.-based coalition that advocates for solutions to
    prevent and end all forms of human trafficking and modern slavery
    around the world.
                                     ______

        Prepared Statement of American Educational Research Association
    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 (NSF) and thank you and your staff for your strong
    commitment to maintaining agency flexibility in funding cutting edge
    science. AERA recommends that the NSF receive at least $11 billion in
    fiscal year 2023. This recommendation is consistent with that of the
    Coalition for National Science Funding (CNSF), in which AERA is a long-
    term active member. 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
    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 scientific expertise of the AERA membership and in our
    field, my testimony focuses on the importance of the current Education
    and Human Resources Directorate (referenced hereafter under its
    proposed new name in the fiscal Year 2023 budget request, STEM
    Education [EDU]) 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 EDU 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. EDU 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 EDU and SBE
    Directorates are also inextricably linked to the science and research
    of the other directorates (for example, Computer and Information
    Science and Engineering). We also see promise in the new Technology,
    Innovation, and Partnerships (TIP) Directorate, and encourage NSF to
    pursue education research as a priority in this directorate.
        Furthermore, the EDU 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 and
    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 EDU 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,
    96 percent of appropriated funds directly supported research and STEM
    education through grants and cooperative agreements in fiscal Year
    2021, with 78 percent of funding supporting research at colleges and
    universities. In addition, NSF estimates that more than 132,000 K-12
    students and 46,000 K-12 teachers will benefit from programs that
    directly engage them in STEM experiences within and outside the
    classroom in fiscal Year 2023.
    STEM Education Directorate
        The EDU Directorate at NSF is responsible for providing the
    research foundation necessary to achieve excellence in U.S. STEM
    education. EDU 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 EDU 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. EDU 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 Education 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 and developing
    innovative diagnostic assessment tools.
        As the Nation continues to recover from the effects of the COVID-19
    pandemic, research supported by EDU will be critical to fostering STEM
    learning in formal and informal settings. Through the RAPID program,
    EDU 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 EDU is critical to support research to
    inform an educational system that will continue to incorporate
    technology inside and outside the STEM classroom and in labs. In
    addition, the EDU Directorate's focus on developing our Nation's
    scientific workforce requires resources to ensure that early career
    scholars and graduate students 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 65 percent of the
    Federal funding for basic research in the social and psychological
    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 FY 2023 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, planning for the 2030 Decennial Census, and in
    maintaining important survey collections. AERA recommends funding the
    Census Bureau at $2 billion in FY 2023.
        The requested amount of $2 billion for fiscal Year 2023 will
    provide the agency with needed resources to conduct the Economic
    Census, 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 incorporate innovations in the American
    Community Survey and the Current Population Survey.
        Thank you for the opportunity to submit written testimony in
    support of at least $11 billion for the National Science Foundation and
    $2 billion for the Census Bureau in fiscal year 2023 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
        The American Geophysical Union (AGU), a non-profit, non-partisan
    scientific society, appreciates the opportunity to submit testimony
    regarding the fiscal year 2023 appropriations 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 in the Earth and
    space sciences, respectfully requests that the 117th Congress
    appropriate the following:

      --$9 billion for NASA's Science Mission Directorate (SMD),
      --$154 million for NASA's Office of STEM Engagement,
      --$7.2 billion for NOAA, and
      --$11 billion for NSF.
                  national aeronautics & space administration
        AGU requests that Congress appropriate $9 billion in FY23 for
    NASA's Science Mission Directorate (a 18.2% increase over FY22 levels)
    and $154 million for NASA's Office of STEM Engagement (a 12.4% increase
    over FY22 levels). This request will allow NASA to remain on track to
    steadily advance existing and new decadal 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.
    Earth Science Division
        A strong investment in this division will support a robust climate
    and applications research program, including new and existing Earth
    Systems Observatory missions, the launch of three Earth System
    Explorers missions within a decade, and partnership opportunities to
    ensure sustained climate observations. Additionally, increased funding
    will enable NASA to begin planning for the Earth Information Center and
    roll out the Wildfire Earth Information System and Fire Information for
    Resource Management System, which will provide immediate benefits to
    Western States. A robust investment will also allow the Earth Science
    Data Systems and Applied Earth Sciences programs to provide tools and
    resources for public and private decision-makers, including
    implementing open science capabilities for all of NASA's Science
    Mission Directorate
    Planetary Science Division
        Strong investment in this division will allow NASA to pursue the
    Lunar Discovery and Exploration Program, which supports commercial
    collaborations and innovative exploration approaches, without
    sacrificing a balanced portfolio of other missions and exploration
    targets in our solar system. Specifically, increased funding will allow
    the U.S. to advance missions to explore new destinations in the solar
    system, such as the Europa Clipper, Psyche and Dragonfly missions, and
    a robust competitive Discovery Program. An increased investment in
    planetary science will allow NASA to begin planning to implement the
    latest decadal survey.
    Heliophysics Division
        A robust investment in Heliophysics will allow us to better
    understand the space environment and therefore realize our space
    exploration ambitions while protecting existing assets and people in
    space. Investing in research and analysis will also maximize the return
    of large missions, while ensuring a thriving heliophysics community
    through the support of early career scientists and diversity, equity,
    and inclusion efforts. Finally, increased funding will ensure a 2027
    launch for the Geospace Dynamics Constellation, which was the highest
    priority decadal large-scale mission, support technology investments in
    future missions such as an Interstellar Probe and/or a Solar Orbiter
    Prober; and provide a strong basis for an ambitious 2024 decadal
    survey.
    Office of STEM Engagement
        According to the National Science Board, our country has a STEM
    talent deficit that will reach the millions by FY2030. As such, it is
    critical that we invest in NASA's efforts to re-engage and support
    students interested in STEM. Increased funding for the office will
    allow NASA to increase engagement of K-12 students, broaden
    participation in NASA at all levels, and increase partnerships to
    further expand NASA's STEM impact across the United States.
                 national oceanic & atmospheric administration
        AGU requests that Congress appropriate $7.2 billion for NOAA in
    FY23 (a 22.5% increase over FY22). From weather forecasts to fisheries
    data, to groundbreaking research about the world around us, NOAA
    provides critical products and services to citizens, planners,
    emergency managers, and other decision makers, affecting more than one-
    third of the Nation's gross domestic product. Yet NOAA has for years
    remained severely underfunded.
        Last year, there were 20 separate billion-dollar weather and
    climate disaster events across the U.S., costing a total of $145
    billion-the third most costly year on record, behind 2017 and 2005.\1\
    Those same disasters also caused more than 680 fatalities, the most
    disaster-related fatalities for the contiguous U.S. since 2011. With
    extreme weather becoming more frequent, more dangerous, and costlier to
    the Nation, especially in rural areas and marginalized communities.
    NOAA needs strong financial support to be able to bolster climate
    research, mitigate and prepare for worsening conditions, and build our
    National and economic resilience.
        Robust funding for NOAA will also provide critical funding for
    satellites that provide weather forecasting, storm tracking, and long-
    term Earth observations to protect lives and infrastructure. Sufficient
    financial support will allow NOAA to maintain current launch and
    development schedules and develop the next generation of geostationary
    satellites, known as GEO-XO, well into the 2030s and beyond.
        NOAA science also plays a vital role in informing the world about
    changes in the climate system, as well as the effectiveness of certain
    mitigation techniques and adaptation strategies. Robust funding will
    allow the agency to continue this innovative work and lead cross-agency
    efforts in extramural programs such as the Cooperative Institutes, and
    the Sea Grant Program. These programs not only conduct research and
    observations, but also promote outreach and education to serve the
    public in every region and state.
                          national science foundation
        AGU requests that Congress appropriate $11 billion for NSF in FY23
    (an approximately 24.5% increase over FY22 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.
        Robust funding will allow NSF to realize congressional goals
    through the new Technology, Innovation, and Partnerships Directorate
    without sacrificing core NSF research and STEM education programs. NSF
    currently supports almost a quarter of all basic research--and 56% of
    basic geoscience research--done at U.S. colleges and universities.
    Robust funding will allow NSF to continue this support, while expanding
    efforts to aid graduate students, which is essential if we hope to
    attract and retain those in STEM fields.
        Increased funding will also allow NSF to build research capacity at
    emerging and underserved institutions through the new Growing Research
    Access for Nationally Transformative Equity and Diversity (GRANTED)
    Initiative and to launch Global Centers to facilitate the education and
    development of a global workforce to address climate and clean energy
    challenges. By leveraging financial resources and capabilities from
    multiple partners, this initiative has the potential to build capacity
    and scale solutions here and around the world.
                                   conclusion
        With our Nation facing critical and interconnected challenges
    affecting our economic strength, national security, and health and
    well-being, strong investments in science and innovation--specifically
    the work done by NASA, NOAA, and NSF--are vital for a stronger, more
    secure, better future for America. 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.
    ---------------------------------------------------------------------------
        \1\ 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.

        [This statement was submitted by Brittany Webster, Manager, 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 2023 (FY2023) recommendations
    regarding the National Science Foundation's TCU Program (NSF-TCUP), 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 $25,000,000 for FY2023.
              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 FY2023.
    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, 35
    accredited TCUs operate more than 75 campuses and sites in 15 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 approximately 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 programs at TCUs. TCUs have established programs in high-demand
    fields: 11 TCUs offer pre-engineering programs, two TCUs 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 $25,000,000. 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.
    Community-Based Research
        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.
    Aaniiih Nakoda College (ANC)--Tribal Climate Resiliency
        The environmental science program at Aaniiih Nakoda College
    (Harlem, MT) is based on an effective model of place-based instruction
    that combines rigorous coursework, internship placements, and
    undergraduate research experiences focused on student learning. ANC
    students are using their education and research skills to help combat
    the looming climate change crisis and its effects on their Fort Belknap
    Indian Community.
        For over a decade, ANC environmental studies students have been
    studying the 23 miles of river that pass through Tribal lands to
    monitor changes in water temperatures, impact on life in the river, and
    quality of local drinking water. Student researchers collect samples of
    small bottom-dwelling aquatic insects and freshwater algae. The
    specimens are brought back to ANC's laboratory to be sorted,
    identified, and analyzed. Next, the specimens are transported six hours
    away across the State to a private laboratory in Missoula, Montana for
    advanced testing and further analysis. Until additional resources are
    available to build out the required research infrastructure, ANC and
    other TCUs will continue to work with similar limitations in conducting
    vital research necessary to support Tribal communities in preserving
    health, environment, and traditional ways of life.
        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 2019-20 showed that 23
    percent required remedial math. Our data indicates that while 53
    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.
        While a number of TCUs have achieved significant advances and
    success, , only a portion of the TCUs have been able to benefit from
    this transformative program due in part to limited funding. We urge the
    subcommittee to expand the competitively awarded NSF-TCUP grants at a
    minimum of $25,000,000.
              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 2023. 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 and includes support for air quality research
    on the Standing Rock Reservation. SBC students and faculty work with
    NASA's Langley Research Center, NASA's Goddard Space Flight Center, and
    the University of North Dakota to develop a regional research facility
    to monitor air quality, generating important data for the Tribe while
    providing invaluable research experience for SBC students. 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.
        To support the past TCU investment, AIHEC 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 FY2023.
                                   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 2023 appropriations
    requests. Thank you.
                                     ______

        Prepared Statement of American Institute of Biological Sciences
        The American Institute of Biological Sciences (AIBS) appreciates
    the opportunity to provide testimony in support of fiscal year 2023
    appropriations for the National Science Foundation (NSF). We encourage
    Congress to provide NSF with at least $11 billion in fiscal Year 2023.
        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.
                       importance of biological research
        Biological research is in our National interest. It advances our
    understanding of the living world and provides solutions to important
    problems. 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 all informed by the biological sciences. Notably, biological
    research helps to sustain biodiversity and healthy ecosystems that
    underpin the livelihoods of communities. The knowledge gained from NSF-
    funded research also 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
    fosters 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-at
    an annual growth rate of 4 percent-compared to the 2 percent annual
    growth rate for the U.S. workforce overall. In fact, the U.S. STEM
    workforce constitutes 23 percent of the total U.S. workforce and is
    comprised of more than 36 million people in diverse occupations that
    require STEM knowledge and expertise.
                  importance of nsf-funded biological research
        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 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 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 130 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 federally-funded 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 65
    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 to provide insights into our Nation's most pressing issues.
        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 well-
    being, 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, ``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 the need to broaden and deepen collections and
    associated data to realize the full 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, free-standing natural history museum, or another research
    center.
        While many Federal agencies have a role in supporting the
    development of the Extended Specimen Network, NSF has a central role to
    play. The agency has been a leader in this space through the Advancing
    Digitization of Biodiversity Collections program, and is now supporting
    critical advancements through the Infrastructure Capacity for
    Biological Research: Biological Collections program.
                          building the stem workforce
        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 FY 2021. 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 FY 2021, nearly 318,000 people, including
    researchers, postdoctoral fellows, trainees, teachers and students,
    were supported directly by NSF.
                                investing in 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
    two decades, while countries in East and Southeast Asia, especially
    China, have been rapidly increasing their investments in science.
    According to the National Science Board, the annual increase of China's
    R&D, averaging 10.6 percent annually between 2010 and 2019, continues
    to outpace that of the United States, with an annual average of 5.4
    percent from 2010 to 2019.
        To remain at the global forefront of innovation and to fully
    realize the benefits of NSF-supported research, the government must
    make bold and sustained investments in NSF. Unpredictability in funding
    disrupts research programs, create uncertainty in the research
    community, and stall the development of the next great idea.
        Enacting robust funding increases for NSF will allow for critical
    Federal investments in scientific and educational research, as well as
    support for the development of the scientific workforce. These
    investments will allow NSF to increase the number of new graduate
    research fellowships it awards to nurture the human capital needed to
    ensure U.S. leadership in scientific innovation. Such increases will
    also enable NSF to expand support for important new initiatives, such
    as the Integrative Biology program, which promotes ambitious, high-
    risk-high-reward collaborative research, and the Biology Integration
    Institutes program, which supports collaborative research on frontier
    questions about life that span multiple disciplines within and beyond
    biology.
                                   conclusion
        Providing the NSF with at least $11 billion in FY 2023 is necessary
    to undo the harmful effects of 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. This
    investment will enable NSF to support research in a number of important
    priority areas such as biotechnology, climate change, and advanced
    biomanufacturing. Importantly, these increases will advance research on
    infectious disease emergence and transmission, prevent future
    pandemics, and fill gaps in our knowledge about the spread and
    evolution of biological threats.
        In addition to the appropriations process, Congress is currently
    considering legislation relevant to the scientific community,
    specifically reauthorization proposals to significantly expand NSF's
    mission and budget. Increasing investments in translational research
    through the new technology-focused directorate will bolster U.S. global
    leadership and competitiveness in innovation. However, we urge Congress
    to also make robust investments in basic and foundational research.
        Please 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, PhD, Public Policy
    Director]
                                     ______

    Prepared Statement of American Psychological Association Services, Inc.
        The American Psychological Association (APA) is the largest
    scientific and professional organization representing psychology in the
    United States, with more than 133,000 researchers, educators,
    clinicians, consultants and students as its members. Our mission is to
    promote the advancement, communication, and application of
    psychological science and knowledge to benefit society and improve
    lives.
        APA urges Congress to provide the following funding levels for
    programs within the National Science Foundation (NSF) and Department of
    Justice (DOJ) in FY23.
                       national science foundation (nsf)
        APA joins the scientific community urging Congress to provide at
    least an $11 billion appropriation for the National Science Foundation
    (NSF) in FY 2023. As a member of the Coalition for National Science
    Funding, APA thanks Congress for its support for fundamental scientific
    research supported by NSF, including the approximately 4% increase in
    fiscal year 2022. As other nations continue to make dramatic increases
    in their investments in science, robust funding for NSF in FY 2023 can
    help the United States maintain its global leadership and
    competitiveness in science and engineering. Increased support for NSF
    will also provide funding for the more than $3 billion in high-quality
    proposals (as estimated by the National Science Board) submitted to NSF
    each year that cannot be funded.
        APA urges continued investments in core psychological science
    research at NSF. NSF is the only Federal agency whose primary mission
    is to support basic nonbiomedical research and education across all
    fields of science, technology, engineering, and mathematics. Although
    psychological science receives funding from various directorates within
    NSF, most core psychological research is supported by the Social,
    Behavioral, and Economic Sciences (SBE) Directorate. SBE supports
    research that focuses on variables that influence human behavior across
    all ages, interactions among individuals and groups, and the
    development of social and economic systems. While SBE funding accounts
    for more than 60% of the Federal funding for basic social and
    behavioral science research at academic institutions, SBE has received
    historically lower levels of funding--the lowest funding level of the
    seven NSF Directorates. In addition to the core behavioral research in
    cognitive neuroscience, human cognition and perception, learning and
    development, and social psychology, SBE continues to invest substantial
    funds to participate in special initiatives and cross-directorate
    programs that address vital national priorities, including emerging
    technologies in society.
        In addition to the SBE Directorate, APA encourages continued
    support for the Biological Science Directorate (BIO) and Computer
    Science and Information Systems Engineering Directorate (CISE), both of
    which provide important support for psychological research at NSF. BIO
    provides support for psychologists who study the principles and
    mechanisms that govern life from the level of the genome and cell, to
    the whole family, individual, or species. The work of CISE is of
    particular importance given the emphasis from Congress and the
    Administration on emerging technologies and artificial intelligence
    (AI). Knowledge derived from psychological science is essential to the
    work in many of the CISE divisions, as human behavior plays a key role
    in the design and implementation of new technologies. Human factors
    psychology is relevant for the development and advancement of automated
    systems in autonomous vehicles, essential for the creation of
    trustworthy and explainable AI, and necessary for research on the
    future of work.
        APA also urges the Committee to provide robust support for research
    proposed by NSF's Convergence Accelerator and Technology, Innovation,
    and Partnerships (TIP) Directorate. The Convergence Accelerators offer
    new funding opportunities for research, including enhancing
    opportunities for persons with disabilities, developing sustainable
    materials for global challenges, and addressing food and nutrition
    security. TIP is the first new directorate at NSF in over 30 years. Its
    mission is to harness the Nation's vast and diverse talent pool, to
    advance critical and emerging technologies, to address pressing
    societal and economic challenges, and to accelerate the translation of
    research results from lab to market and society. The social,
    behavioral, and economic sciences are integral to these efforts which
    can improve U.S. competitiveness, grow the U.S. economy and train a
    diverse workforce for future, high-wage jobs.
        APA strongly encourages NSF to support research to prevent, prepare
    for, and respond to future pandemics. The COVID-19 worldwide public
    health crisis persists, contributing to nearly 1 million deaths and
    around 82 million confirmed cases in the United States (U.S.) alone.
    Clear evidence illustrates wide health disparities in COVID-19 cases
    and vaccine distribution. COVID-19 has disproportionately impacted
    racial and ethnic minority communities across the U.S., particularly
    the African American community. In addition to the human toll, the
    impacts of COVID-19 have reached every sector of society, including
    health care, transportation, and economics and business. Psychological
    research supported by NSF has provided important insights to help
    recover from COVID-19 as well as prepare for future pandemics and their
    impacts on people, communities, and society. Stress and worry about
    contracting the virus, coupled with job losses, loss of childcare, as
    well as the devastating loss of loved ones due to COVID-19 are just a
    few examples of the specific ways the pandemic has affected mental
    health. To help accelerate healing and recovery, NSF partnered with the
    National Academies of Science, Engineering, and Medicine (NASEM) early
    in the pandemic to leverage knowledge from the social, behavioral and
    economic (SBE) sciences and create the Societal Experts Action Network
    (SEAN). SEAN helps NASEM and NSF's SBE Directorate to provide key
    decision makers rapid expert consultation and develop evidence-based
    recommendations to support local, State, and national responses to
    COVID-19, having published 16 reports to date. The latest guidance from
    the Societal Experts Action Network (SEAN) highlights new and updated
    COVID-19 data measures and surveillance strategies that decision makers
    can use to inform policy.
        APA urges the Committee to help curb the potential loss of research
    talent likely to occur if early-career researchers are forced from
    scientific pathways due to economic or social circumstances which
    attenuate career progression and threaten their professional futures.
    While scientists across career stages have been upended by this
    monumental shift, early-career scientists, such as graduate students,
    postdoctoral fellows, and junior faculty, are particularly vulnerable.
    The interruptions to science during the COVID-19 pandemic still
    threaten the research careers of an estimated 668,000 graduate students
    and 64,000 postdoctoral fellows according to the National Center for
    Science and Engineering Statistics, a component of NSF's SBE
    Directorate. Early-career scientists are often just beginning to
    establish research independence and the negative impacts of the
    pandemic may be significant and long-lasting. Destabilizing
    fluctuations in research productivity, faculty positions in academia,
    and funding opportunities will impact early-career scientists in the
    immediate and late phases of their careers.
        APA applauds NSF's investments in climate science and
    sustainability research. NSF has developed crucial funding mechanisms
    for climate and clean energy-related research over the past year that
    must continue. They fund a broad portfolio of research related to
    climate science and clean energy, including research the social,
    behavioral, and economic research on human responses to climate change.
    Nearly all subject areas and approaches within psychology (including
    environmental, cognitive, social, community, developmental,
    educational, school, counseling, clinical, neuroscientific, health,
    psychodynamic, humanistic, industrial and organizational, human
    factors, and other subfields) offer concepts, methods, and tools that
    can be applied or elaborated to address climate change.
        APA supports NSF's continued mission to broaden participation in
    science, research, and education. We encourage greater investments in
    programming to diversify the scientific workforce through targeted
    support of scholars from diverse backgrounds and resources specifically
    for development and training. Additionally, we urge greater engagement
    with minority serving institutions (MSIs) and improved investment with
    their communities to further represent minority and historically
    underrepresented populations in scientific research. APA believes that
    these activities are necessary for the success of the scientific
    enterprise in the U.S. and it is imperative that NSF, through its
    actions, demonstrate compelling leadership to diversify the scientific
    landscape of the future.
                          department of justice (doj)
        APA is committed to reforming policing and the criminal justice
    system, supporting those with mental illness within the system, meeting
    the needs of victims of violence, and ensuring that high-value research
    is funded, and the best scientific evidence is used to improve programs
    and policies.
        APA urges the Committee to adopt a reform-minded approach by
    increasing appropriations for the following Office of Justice (OJP) and
    Bureau of Prisons (BOP) Programs. Within OJP, APA urges the Committee
    to provide $45 million for the Bureau of Justice Statistics; $43
    million for the National Institute of Justice; $125 million for the
    Second Chance Act including $5 million to support Children of
    Incarcerated Parents demonstration grants; $35 million for Justice
    Reinvestment; $117 million for Delinquency Prevention Program. To
    address the impact the COVID-19 pandemic has had on increases in drug
    misuse, APA recommends: $418 million for the Comprehensive Addiction
    and Recovery Act related activities including $95 million for Drug
    Courts; $25 million for Veterans Treatment Courts; $35 million for
    Residential Substance Abuse Treatment; $190 million for the
    Comprehensive Opioid Abuse Program; and $40 million for the Justice and
    Mental Health Collaboration Program. APA supports $10 million for
    Crisis Stabilization and Community Re-entry Grant Program; $140 million
    for STOP School Violence Act; $50 million for Mentally Ill Offender
    Treatment and Crime Reduction Act; and $21 Million for Improving
    Suicide Prevention Resources for States' Extreme Risk Protection
    Orders; $3 million for the Missing Americans Alert Program (Kevin and
    Avonte's Law). Within BOP, APA recommends $409.5 million for the First
    Step Act. Though rates of domestic abuse have declined significantly
    since the enactment of the Violence Against Women Act (VAWA), exposure
    to violence remains common, with one in three women in the U.S.
    experiencing rape, physical violence, or stalking at some point in
    their lifetime. Flat funding for the Office on Violence Against Women
    (OVW) would imperil progress made over the last three decades,
    especially now that the risks are even more severe. The stay-at home
    orders necessary for public safety during the COVID-19 pandemic
    seriously increased the risk of intimate partner violence, domestic
    violence, and child maltreatment.
        APA urges the Committee to increase FY23 appropriations for OVW and
    prioritize the prevention of violence across the lifespan--including
    domestic and sexual violence, dating violence, and stalking, as well as
    children's exposure to family violence.
        Of the FY 2023 funds made available to the OVW, APA specifically
    requests: $400 million for Services, Training, Officers Prosecutors
    (STOP) Grants; $17.5 million for Education and Training to End Violence
    Against Women with Disabilities; $10 million for the Enhanced Training
    and Services to End Violence Against and Abuse of Women in Later Life
    Program (Abuse in Later Life Program); $5.5 million for grants to
    assist Tribal governments in exercising special domestic violence
    criminal jurisdiction; $47.5 million for Rural Domestic Violence and
    Child Abuse Enforcement; $18 million for the Consolidated Youth
    Oriented Program; and $40 million for grants to reduce violent crimes
    against women on campus. These programs are crucial in preventing
    further violence, helping victims find safety and support, and starting
    them on the path towards recovery.
        Psychological research has revealed effective strategies to enhance
    law enforcement and community relations, improve public safety, and
    reduce the risks of violence and aggression. These include the
    development of community-informed responses to violence, implementation
    of community-based policing implemented in a way that builds trust
    between police and the communities they serve, training on stereotypes
    and the effects of implicit bias. APA urges the Committee to increase
    FY23 funding for the Office of Community Oriented Policing Services
    (COPS) to support federal, State, and local activities. In particular,
    APA requests $23 million for the Just Police Program (JPP); $12 million
    for the Community Policing Development Program to help bolster training
    for responding to people with mental illness/disability, and $16
    million for the Law Enforcement Mental Health and Wellness Program to
    address the alarming rates of suicide among police officers.

        [This statement was submitted by Katherine B. McGuire, Chief
    Advocacy Officer]
                                     ______

        Prepared Statement of American Society for Engineering Education
        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 (FY) 2023, including the Research and Related Activities and
    the Education and Human Resources accounts. ASEE joins the academic and
    scientific community in requesting support of at least $11 billion for
    NSF in FY 2023 to help alleviate impacts of historical underinvestment
    at NSF, advance core research and education activities, 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 $3.9 billion worth of very good and excellently rated
    proposals each year.\1\ 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 faster than NSF and is approaching having the same
    funding level as NSF, despite studying a much narrower 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.
        Additionally, 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 adapted quickly to the realities of the pandemic,
    but challenges and disparities remain. NSF will be crucial to
    rebuilding the STEM pipeline, and building a better, more diverse and
    resilient STEM workforce.
        ASEE joins the research and higher education community in
    requesting that the Committee fund NSF at $11 billion in FY 2023 to
    drive advances in research and education and ensure the U.S. retains
    global competitiveness and scientific leadership.
        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 45 percent of
    engineering and 79 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 and that domestic
    students are attracted to careers in engineering and engineering
    technology.
        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,
    Engineering Research Centers, and engineering curriculum
    revitalization, including a new expansion to support 2-to-4-year
    transfer students. 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 is excited by the establishment of the Directorate for
    Technology, Innovation and Partnerships and believes the new
    directorate will help maintain the United States' leadership role in
    technological innovation and development of critical technologies.
    However, ASEE urges the subcommittee to provide NSF with enough funding
    to meet this expanded mission in emerging technologies, research
    translation, and expanding the geography of innovation while protecting
    core activities that sustains our science and technology ecosystem.
        ASEE strongly supports NSF Education and Human Resources (EHR)
    funding to foster inclusive and effective learning and learning
    environments. The STEM workforce, particularly engineers, 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, including the STEM technical workforce, professional
    engineers, and advanced degree holders. 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.
        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 research fellowships and traineeships to create a pipeline of
    students knowledgeable and excited about engineering.
                 national aeronautics and space administration
        ASEE is supportive of the Administration's proposed increases to
    the National Aeronautics and Space Administration (NASA) in its Space
    Technology Mission Directorate (STMD). Of importance to ASEE, STMD
    activities support the workforce development pipeline of future space
    engineers and technicians 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 subcommittee 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 for this office in fiscal Year 2023 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 $11 billion to support critical
    education and research programs that support our National security,
    address critical national challenges, and advance our economic
    competitiveness. 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.
    ---------------------------------------------------------------------------
        \1\ https://www.nsf.gov/nsb/publications/2021/merit_review/FY-2020/
    nsb202145.pdf.

        [This statement was submitted by Adrienne R. Minerick PhD,
    President, and Norman Fortenberry, ScD, 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
    2023 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 (OSTP). 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 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. For FY2023, ASM recommends
    the following:
        Provide at least $11 billion for the National Science Foundation in
            Fiscal Year 2023.

        The NSF is a key supporter of microbiology research, including
    foundational research supporting ecosystems and biodiversity, mapping
    the microbiome, and discovering emerging pathogens. NSF-funded
    researchers across the country are working to improve lives through
    research on human and animal health, agriculture, energy, the
    environment, and biothreats. NSF funding is key to cultivating a
    diverse and inclusive scientific workforce that is prepared for future
    challenges and discoveries. However, due to lack of Federal funding,
    NSF was unable to fund nearly $4 billion in highly rated research
    proposals in FY2020.
        Fundamental research supported by NSF will enable new discoveries
    and solutions using biotechnology to promote the bioeconomy,
    forecasting and mitigating the impacts of global warming on essential
    ecosystem services, and predicting and preventing the emergence and
    spread of infectious diseases. NSF-funded 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. To continue to achieve its goals, it is
    critical that the FY2023 appropriations bill robustly fund NSF.
        Urge the Office of Science and Technology Policy to implement
    FY2022 CJS Appropriations report language on the microbiome and revisit
    the Interagency Strategic Plan for Microbiome Research.
        Interagency coordination is more crucial than ever and responding
    to 21st challenges will require interdisciplinary and interagency
    coordination. 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, animals, and the
    environment, and directly impact health and disease States. It is also
    clear that microbiome research and coordination are essential to
    unlocking the full potential of the bioeconomy. However, the rapid pace
    of discovery and the interdisciplinary nature of microbiome research
    necessitates cross-agency coordination and a robust 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.
        ASM is grateful to the House and Senate Appropriations Committees
    for including requested language in FY2022 report language that asks
    OSTP to review the Interagency Strategic Plan for Microbiome Research,
    to 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. We
    encourage the Committee to follow up with OSTP on implementation of
    this language.
                                   conclusion
        ASM is particularly grateful to Congress for increasing investment
    in the NSF in recent years. In FY2023, we urge Congress to revisit
    OSTP's past commitment to microbiome research and to increase funding
    for NSF to $11 billion. We thank you for your continued support for
    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 2023 appropriations.
                          police encounters with pets
        Media reports about violent encounters between law enforcement
    officers and pets--most often family dogs--are far too 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 by providing resources for 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.
    There are many troubling examples of these incidents, some of which
    have garnered media attention in the last 18 months.\1\
        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.\2\ One DOJ official estimated that
    several thousand dogs annually are killed by law enforcement officers
    and described the phenomenon as ``an epidemic''.\3\ 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.\4\
    ---------------------------------------------------------------------------
        \1\ On May 3, Sacramento police officers shot and killed a family
    dog while serving a search warrant on the property. On April 17,
    Chicago police officers shot and injured a family dog while responding
    to a domestic dispute. Body cam footage from April 11 shows a
    Jacksonville, Florida police officer shooting and killing a family's 1-
    year-old puppy in her yard while responding to a neighbor's 911 call.
    Body cam footage from January 12 shows a Miami Dade officer shooting
    and killing a family dog seven times while responding to a barking
    complaint. On April 11 of last year, New Orleans police officers shot
    and killed an 18-week-old rescue puppy in his yard while responding to
    a 911 call. On March 23 of last year, the Tampa PD shot the dog of the
    woman who had called them for help.
        \2\ 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.
        \3\ Griffin, David; ``Can Police Stop Killing Dogs?.'' Police
    Magazine; Oct. 29, 2014; https://www.policemag.com/341722/can-police-
    stop-killing-dogs.
        \4\ 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.
    ---------------------------------------------------------------------------
        The House Fiscal Year 2022 Commerce, Justice, and Science
    Appropriations report included language directing the DOJ to include
    use of force incidents in any Federal database created to track law
    enforcement's use of force more broadly, or to submit a report on how
    this can be accomplished within 180 days. This language was included by
    reference in the final report. We greatly appreciate the subcommittee's
    support to include this new language. The DOJ recently announced a new
    police reform initiative, providing resources for de-escalation
    trainings, among other community-oriented policing priorities.\5\ This
    request is in line with this administrative priority.
    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 the total law enforcement officer population, does not, apparently,
    include incidents involving pets.\6\ 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.\7\ Understanding the scope and
    frequency of these incidents is fundamental to avoiding them.
    Provide resources and training to de-escalate police encounters with
            pets and reduce violent incidents:
        De-escalation trainings have proven to be quite beneficial in
    resolving situations with dogs without resorting to lethal force.\8\
    Several States including Colorado, Illinois, Ohio, California, Texas,
    Nevada, and Georgia mandate training and have created programs on
    proper responses to encounters with dogs. These policies appear to be
    having a positive impact--between 2015 when the law was enacted and
    2019, the number of dogs shot by police in Texas dropped from 281 to
    31.\9\ Other States including Connecticut, Louisiana, New Jersey, and
    Oregon address law enforcement encounters with dogs either in basic
    training or through electives. 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, which served as the
    foundation for a jointly created video series and toolkit in 2020 that
    provides training on methods for responding to dog encounters,
    including assessing dog behavior and risk levels, strategies for
    diffusing threatening encounters, as well as defense and escape
    tactics.\10\ The evidence is compelling that funding for the use of
    such trainings or creating incentives to do so could minimize risk to
    officers, families, and animals.
        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 FY23
    Appropriations bill:

        Police Use of Force Against Pets.--Police shootings directed at
    pets can account for a significant percentage of overall firearms
    discharges in communities--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. These occurrences escalate
    encounters with communities and erode trust in law enforcement.
        The committee continues to be concerned about the lack of data and
    reporting requirements for police use of force incidents against pets
    and directs the Department to incorporate data on these incidents into
    broader efforts to collect, track, and report on police use-of-force
    and to provide guidance to law enforcement agencies regarding best
    practices in tracking and reporting data on these incidences.
        The Department shall develop a grant program to support Law
    Enforcement Dog Encounters Training (LEDET) or other evidenced-based
    training programs for law enforcement to handle encounters with pets.
    The grants shall be made available to law enforcement agencies and
    other qualified entities, including nonprofit organizations and
    institutions of higher education.
        Thank you for your consideration of this request, we look forward
    to working with you on this important issue.
    ---------------------------------------------------------------------------
        \5\ https://www.justice.gov/opa/pr/justice-department-announces-40-
    million-funding-advance-community-policing-and-5-million.
        \6\ See ``What is Collected?'' https://crime-data-
    explorer.app.cloud.gov/officers/national/united-States/uof.
        \7\ 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.
        \8\ 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/.
        \9\ Texas Humane Legislative Network.
        \10\ https://www.sheriffs.org/ledet.

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

          Prepared Statement of The American Society of Agronomy (ASA)
    Dear Chairwoman Shaheen and Ranking Member Moran:

        The American Society of Agronomy (ASA), Crop Science Society of
    America (CSSA), and Soil Science Society of America (SSSA) represent
    more than 8,000 scientists and students, 13,500 Certified Crop Advisers
    (CCA), and more than 700 Certified Professional Soil Scientist (CPSS).
    We are the largest coalition of scientists and professionals dedicated
    to the agronomic, crop, and soil science disciplines in the United
    States.
        In the coming decades, our agricultural system must sustainably
    produce food and fuel for a rapidly growing global population. The
    Nation's economic prosperity and security depend on our dedication to
    developing innovative, science-based solutions to address the
    challenges facing our food system. We appreciate the appropriations the
    National Science Foundation (NSF) received in (FY) 2022. Yet, as our
    Nation's producers face increasing extreme weather, limited resources,
    and market uncertainty, NSF's programs become even more important
    providers of the science they need to stay in business. NSF's Big Ideas
    initiatives, its core programs, and its unparalleled support for STEM
    students and the future STEM workforce require increased investment.
        We support $11 billion for the National Science Foundation for the
    fiscal year 2023. This funding level will put the premier government-
    funding agency for scientific research on track to address farmers'
    challenges by increasing the broad knowledge base supported by a wide
    range of scientific disciplines, such as biology, plant science,
    chemistry and soil science.
        Within NSF we are very supportive of Signals in the Soil program.
    As Franklin D. Roosevelt stated in 1935, ``A nation that destroys its
    soils destroys itself,'' and yet our soils are eroding at an alarming
    rate. This interdisciplinary program is a collaboration among four NSF
    Directorates, the U.S. Department of Agriculture's National Institute
    of Food and Agriculture, and five international science organizations
    to encourage convergent research and high-impact projects that advance
    a more comprehensive understanding of soil and the systems soils
    support.
        In 2017, NSF launched its 10 ``Big Ideas,'' a set of cutting-edge
    research agendas and processes poised to drive NSF's long-term research
    agenda. We are particularly supportive of NSF's Convergence Accelerator
    and Understanding the Rules of Life Initiatives. The Convergence
    Accelerator puts systems thinking into research practice. Agriculture
    researchers are uniquely aware of the multiple disciplines,
    technologies, and expertise necessary to produce realistic and useful
    information for producers working in large, multi-faceted outdoor
    systems. From water management to precision agriculture, this program
    provides support for exactly the kind of systems-level research
    successful agriculture requires. The Understanding the Rules of Life
    Initiative aims to address one of the biggest gaps in biological
    knowledge: our inability to predict an organism's observable
    characteristics--its phenotype--from what we know about its genetics
    and environment. This cross-disciplinary research could help create
    food crops with higher yields or nutritional content and new models for
    environmental remediation.
        ASA, CSSA, SSSA have made the commitment to enhancing the
    experiences, opportunities, and safety of all Society members by
    creating a diverse, inclusive, and equitable environment in our
    scientific fields of study. NSF can play an invaluable role in
    addressing the equity challenges facing minority and underrepresented
    groups within the research workforce. We know that students and
    researchers from disadvantaged backgrounds are less likely to choose a
    field with unreliable funding. Robust Federal funding for NSF can
    advance a more representative and equitable research enterprise by
    bolstering the student pipeline, expanding educational programs and
    grants--especially for MSIs, expanding resources for early career
    researchers, and facilitating collaborations with diverse stakeholders
    to address existential threats, such as climate change.
        Science is essential. A strong commitment to federally funded
    scientific research will boost the Nation's capacity for innovation,
    productivity, and economic prosperity.
        Thank you for your consideration. For additional information or to
    learn more about ASA, CSSA, and SSSA, please contact Rachel Owen at
    rowen@sciencesocieties.org or 608-268-4965.
        Sincerely,
        Luther Smith, Interim CEO
                                     ______

           Prepared Statement of American Society of Plant Biologists
        On behalf of the American Society of Plant Biologists (ASPB), I
    submit this testimony for the official record to support $11 billion
    for the National Science Foundation (NSF) for (FY) 2023. ASPB
    recognizes the difficult fiscal environment our Nation faces, but we
    believe that sustained investments in scientific research are a
    critical step toward economic recovery and continued global competitive
    innovation for our Nation. ASPB would also 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 the health and nutrition of all
    Americans. In short, plant biology research is at the foundation of a
    robust American bioeconomy.
        Plant science has become the backbone of agricultural innovation,
    and a thriving agricultural sector is a cornerstone for America's
    economic success. Agriculture and related industries comprise 6 percent
    of the U.S. GDP, contributing nearly $1.055 trillion and 19.7 million
    jobs to the economy.\1\ In fact, despite persistent U.S. trade
    deficits, there has been a surplus in agricultural trade since 1960.
    Steady increases in yield have made these surpluses possible, even in
    the face of sustained population growth. Such increases are due to
    improvements in crop seeds and agricultural innovations that, in turn,
    rely on sustained fundamental and applied research in crop science and
    plant biology. American farmers have experienced and come to expect
    continuously increasing yields, which are necessary for economic and
    national security. But for this to continue, growing investments in
    basic biological sciences are needed.
        Plant biology is at the interface of numerous scientific
    breakthroughs. For example, NSF has supported high throughput
    experimental approaches that facilitate extraordinary syntheses of
    information, and plant biologists are using computer science and
    bioinformatics to make tremendous strides in our understanding of
    complex biological systems, ranging from single cells to entire
    ecosystems. Ultimately, understanding how plants function will enable
    biotechnological approaches toward more nutritious and productive
    crops, new sources of fuel, and the development of novel 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. Still, scientists have maximized and
    leveraged this funding 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 supports the new Directorate for Technology, Innovation, and
    Partnerships (TIP) and its goal to advance science and engineering
    research and innovation. This new directorate will accelerate basic
    research to solve national and societal problems. TIP will support use-
    inspired research in biotechnology, among other areas, and propel NSF-
    funded discoveries to new levels of innovation. TIP will also fund
    activities in priority areas such as climate resilience and energy
    sufficiency, advanced wireless research, biotechnology,
    microelectronics and semiconductors, advanced manufacturing, AI, and
    quantum sciences. Programs that broaden participation would also see
    major growth, and NSF would launch a new initiative aimed at building
    research capacity at emerging research institutions.
        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, a diverse research 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 to the biosphere levels.
    These investments have significant payoffs, both in terms of the
    knowledge directly generated and in deepening collaborations and
    fostering innovation among communities of scientists.
        BIO'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.
        Additionally, ASPB is 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.
        Without significant and increased support for BIO and NSF,
    promising fundamental research discoveries will be delayed and vital
    collaborations at the leading edges of scientific disciplines will be
    postponed, thus limiting the ability to respond to the pressing
    scientific problems that exist today and the new challenges on the
    horizon. Addressing these scientific priorities also helps improve the
    competitive position of the U.S. in a global marketplace.
     continued support for nsf education and workforce development programs
        As discussed above, among the challenges brought by a changing
    world, many will be addressed specifically by plant scientists.
    Sustained increases in crop productivity will be needed to match the
    demand for food expected from population growth. At the same time,
    climate change will present new challenges for crops and other plant
    ecosystems. These challenges will require efforts to increase
    productivity beyond current practices, including, for example,
    improvement in crop water use efficiency and enhanced crop
    photosynthesis efficiency and performance. More knowledge and
    innovation will be needed to replace chemicals from non-renewable
    sources (from fuels to biomedical applications) with plant-derived
    metabolites. These innovations will require contributions from basic
    and applied plant science fields, as well as collaboration with other
    sciences and engineering.
        To tackle these challenges, a strong and diverse community of plant
    scientists, with increased involvement from women and minority
    scientists who often bring underrepresented perspectives, will be
    needed. However, the current training pipeline does not appear prepared
    to ensure the availability of this workforce. The number of PhD 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;\2\ however, this trend has
    not been paralleled by increases in plant-related PhD degrees. In fact,
    plant science doctoral degrees, both basic and agronomy-related, have
    remained stagnant during this period.\3\ Students gravitate towards
    fields with reliable and robust career and earning opportunities. What
    is necessary to change these trends is a strong investment in plant
    science research, basic and applied, renewed efforts to transform
    public perception of plant biology and plant biologists, and a push to
    increase the number of students in the plant science pipeline.
    Developing the workforce that will solve current and 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 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), the
    Research and Mentoring for Postbaccalaureates in Biological Sciences
    (RaMP), 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. 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 also urges support for research that enhances our
    understanding of how educational innovations can be sustainably and
    effectively implemented. NSF Education and Human Resources (EHR)
    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 EHR
    portfolio with a focus on understanding how previous investments in
    educational strategies can be made most effective.
        Grand research challenges will not be solved in a year, an
    administration, or a generation. It takes 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 at www.aspb.org.
    ---------------------------------------------------------------------------
        \1\ https://www.ers.usda.gov/data-products/ag-and-food-statistics-
    charting-the-essentials/ag-and-food-sectors-and-the-economy/.
        \2\ National Academies of Sciences, Engineering, and Medicine.
    2018. The Next Generation of Biomedical and Behavioral Sciences
    Researchers: Breaking Through. Washington, DC: The National Academies
    Press. https://doi.org/10.17226/25008.
        \3\ National Center for Science and Engineering Statistics, Survey
    of Earned Doctorates. https://ncsesdata.nsf.gov/builder/
    sed?type=chart&convert=1.

        [This statement was submitted by Crispin Taylor, PhD, Chief
    Executive Officer]
                                     ______

          Prepared Statement of Association for Psychological Science
            aps recommendations for fiscal year 2023 appropriations
      --The Association for Psychological Science (APS) supports (FY) 2023
            funding of at least $11 billion for the National Science
            Foundation (NSF). The NSF is critical to ensuring the success
            of the Nation's science, technology, engineering, and
            mathematics (STEM) enterprise and to promoting national
            security and prosperity.
      --APS recommends increased funding for NSF's Social, Behavioral, and
            Economic (SBE) Sciences Directorate. This NSF directorate is
            the primary funder of behavioral research conducted at U.S.
            colleges and universities. SBE-funded research provides the
            foundation upon which our knowledge of people, including our
            understanding of the human mind, brain, and behavior, is built.
      --APS requests Congress encourage NSF to increase the number of
            Graduate Research Fellowships to 3,000 in FY 2023. This program
            provides essential support that empowers students to pursue
            graduate education and training in STEM fields.
                    statement of aps chief executive officer
        Chair Shaheen, Ranking Member Moran, and Members of the
    subcommittee, thank you for the opportunity to provide testimony about
    psychological science priorities and interests at NSF in FY 2023. I am
    Robert Gropp, PhD, Chief Executive Officer of APS, which is a nonprofit
    scientific organization of approximately 25,000 scientists and students
    dedicated to advancing research psychology for the benefit of science
    and society. Many of these members are scientists and educators at the
    Nation's universities and colleges who conduct research and train
    undergraduate and graduate students with support from NSF.
         funding for the national science foundation and policy issues
        APS joins with the Coalition for National Science Funding to
    request that Congress provide at least $11 billion in FY 2023 funding
    for NSF. NSF-funded research and training programs are engines that
    power the discovery and innovation that grow our economy, promote
    national security, and enhance human well-being.
        NSF-funded research and education benefit every State and local
    community across the United States. In 2021, for example, New Hampshire
    research institutions secured more than $33 million in research and
    education support from NSF, and institutions across Kansas received $40
    million. NSF is helping institutions in both States address the COVID-
    19 pandemic and other issues through funding, for example, the
    development of behavioral theories about resilience and sustainability
    for use by engineers (University of New Hampshire) and the study of how
    debt and economic insecurity developed during the pandemic and how
    these factors affect low-income communities (Dartmouth College). Other
    NSF-supported research examined challenges faced by individuals using
    public libraries for computing and Internet access amid the COVID-19
    pandemic (University of Kansas) and how scientific goals and values can
    support responsible research conduct (Kansas State University).
        Specifically, APS urges increased funding for NSF behavioral and
    social sciences and economics programs. The SBE directorate funds
    research on critical areas such as understanding human interactions
    with artificial intelligence and developing a secure and trustworthy
    cyberspace. The SBE directorate also works with other NSF directorates
    on major NSF projects such as the Future of Work and Human-Technology
    Frontier, Growing Convergence Research, and Harnessing the Data
    Revolution, ensuring that social and behavioral science research is
    contributing to our understanding and advancing these research areas
    critical to the future of science and engineering.
        APS encourages Congress to provide sufficient funding to NSF to
    empower the agency to allocate increased funding for SBE. For this
    purpose, APS requests that Congress adopt the following report
    language:
        Directorate for Social, Behavioral, and Economic Sciences (SBE).--
            The Committee supports the SBE directorate and recognizes the
            fundamental importance of the research it supports in advancing
            scientific understanding of critical challenges facing our
            Nation. These sciences also afford insights into advancing
            public health, defense and security, education and learning,
            and the interface between humans and technology. The SBE
            directorate funds more than half of our Nation's university-
            based behavioral science research, yet it is the smallest NSF
            directorate. The Committee believes that behavioral science
            provides evidence-based understanding of human behavior and
            recognizes the SBE directorate's unique role in funding this
            research. The Committee therefore recommends an increase over
            the Fiscal Year 2022 levels for SBE activities comparable to
            the increases provided for the other directorates.

        NSF facilitates a wide variety of research conducted at colleges
    and universities across the United States. The agency also empowers the
    next generation of scientists to begin and continue their training and
    education in science. The Graduate Research Fellowship Program, or
    GRFP, is one such example of this work. Historically, NSF has awarded
    around 2,100 of these fellowships per year, but it receives
    applications from many more qualified students than it can support. For
    this reason, APS encourages Congress to provide NSF with funding to
    support at least 3,000 GRFP awards annually.
        APS requests that the following language be included in the fiscal
    Year 2023 CJS Report:
        Graduate Research Fellowship Program.--The Committee notes that the
            Graduate Research Fellowship Program (GRFP) has a long history
            of supporting outstanding graduate students studying NSF-
            supported sciences, engineering, and mathematics fields,
            including behavioral science, and selects recipients who go on
            to achieve high levels of success in their future academic and
            professional careers. In recognition of this program's
            contributions to launching the careers of talented future
            scientists, the Committee has provided the resources necessary
            to fund more than 3,000 grants in Fiscal Year 2023 and urges
            the program to continue to grow in future years.
                             summary and conclusion
        Knowledge gained from NSF-funded psychological science research is
    essential to advancing innovation and discovery, improving the Nation's
    health and prosperity, and strengthening economic and national
    security. The importance of this research has been on display during
    the COVID pandemic. As an illustration of what investment in SBE
    sciences can do, I direct you to the APS Global Collaboration on COVID-
    19. This initiative has brought together psychological scientists and
    other experts to make recommendations on how we can draw on our field
    for the good of the country. This collaboration has identified that
    psychological and other behavioral sciences could have been better
    applied throughout the COVID-19 crisis, that these fields can
    contribute to COVID-19 and future threats, and that new research and
    research funding are urgently needed to best prepare society for future
    crises. I would be pleased to share further information on this effort
    with any interested Members of the subcommittee at your convenience.
        APS shares your commitment to fostering innovation through
    investment in research. We appreciate the opportunity to provide this
    testimony, and we thank you for your leadership.

        [This statement was submitted by Robert Gropp, PhD, Chief Executive
    Officer]
                                     ______

     Prepared Statement of Association of Science and Technology Centers,
     American Alliance of Museums, Association of Children's Museums, and
                    Association of Science Museum Directors
    Dear Chair Shaheen, Ranking Member Moran, and Members of the
    subcommittee:

        Thank you for accepting this statement submitted by the Association
    of Science and Technology Centers (ASTC), the American Alliance of
    Museums (AAM), the Association of Children's Museums (ACM), and the
    Association of Science Museum Directors (ASMD).
        We appreciate the opportunity to present the views of our
    associations to the subcommittee for its consideration as it prepares
    to write the Fiscal Year 2023 Commerce, Justice, Science, and Related
    Agencies Appropriations bill, particularly regarding the National
    Science Foundation (NSF), the National Aeronautics and Space
    Administration (NASA), and the National Oceanic and Atmospheric
    Administration (NOAA).
        Our associations represent more than 5,000 member organizations in
    every State and district in America, including science centers, museums
    of all types, nature centers, aquariums, zoos, planetariums, botanical
    gardens, and natural history and children's museums, as well as
    companies, consultants, and other organizations that share an interest
    in science education and public engagement in science.
        Taken together, our National reach is a vital resource for
    fostering rich public engagement in the importance of science and many
    other subjects and disciplines towards building a bright future and
    opportunity for all. Our place-based organizations are leading
    institutions in the efforts to promote education in science,
    technology, engineering, arts, and mathematics (STEAM), developing
    rich, innovative, and effective science-learning experiences. We are
    helping to create the future STEAM workforce and inspiring people of
    all ages about the wonders and the meaning of science in their lives.
    Our members are trusted and valued by their communities-a recent
    national public opinion poll, showed that 95% of voters would approve
    of lawmakers who acted to support museums and 96% of voters want
    Federal funding for museums to be maintained or increased (Museums and
    Public Opinion, S. Wilkening and AAM, 2018).
        These past 2 years have been especially challenging for our
    community as nearly all of our members, many of whom receive the
    majority of their operating income from revenue from people coming
    through their doors, experienced prolonged closure of their facilities.
    Even as they have reopened to the public, attendance and revenue may
    take several years to recover. While Federal relief programs have
    provided an essential lifeline, the impact on our members will long
    outlast COVID relief (National Snapshot of COVID-19 Impact on United
    States Museums, AAM and Wilkening Consulting, 2021). At the same time,
    our member institutions continued to serve their communities and their
    missions, engaging their regions with STEM and youth engagement,
    supporting science learning and serving their communities in myriad
    other ways. Indeed, one of the most inspiring aspects of the past 2
    years is how our member organizations have shown up for their
    communities and worked closely with local residents and organizations
    to advance conversation and action on the most urgent local priorities.
        For example, a year ago ASTC, AAM, and ACM joined with a coalition
    of other national organizations to launch Communities for Immunity
    (www.
    communitiesforimmunity.org), an initiative supported by the Centers for
    Disease Control and Prevention and the Institute of Museum and Library
    Services to activate museums, libraries, and Tribal organizations to
    boost vaccine confidence in their communities. Building upon the high
    degree of trust that the public has in these cultural institutions,
    Communities for Immunity has been able to effectively engage vaccine
    hesitant members of their local communities.
        As the Nation hopefully emerges from the immediacy of the pandemic,
    this example of action by the museum and library community demonstrates
    how these trusted institutions embedded in their communities offer an
    opportunity to advance community conversation and action on national
    and international challenges in locally relevant ways.
                  requests for fiscal year 2023 appropriations
        We appreciate the support that the subcommittee has provided for
    the Nation's science and education agencies, including support for
    programs of particular interest to ASTC, AAM, ACM, and ASMD.
        In general, we stress the need for inclusive programs that include
    support for informal education as much STEAM learning-including but not
    limited to school-aged youth-happens outside of formal schooling.
    Research has consistently shown that learning experiences outside of
    the formal classroom are vitally important to youth's future interest
    and capacity in STEAM (National Academies, 2006, 2009, 2010, 2015,
    2016).
    National Science Foundation (NSF)
        The National Science Foundation (NSF) is one of our Nation's most
    important sources of support for STEM education, including many of the
    programs centered in the Directorate for Education and Human Resources
    (EHR). EHR supports STEAM education at all levels and for all audiences
    to help develop a diverse and well-prepared workforce and a
    scientifically well-informed citizenry.
        Of particular interest to the museum community is the Advancing
    Informal STEM Learning (AISL) program in the Division of Research on
    Learning in Formal and Informal Settings, which advances new approaches
    to and evidence-based understanding of learning in informal
    environments. However, current funding levels have limited the ability
    of the program to support the range of informal STEM education programs
    that have been ranked highly competitive. We ask you to provide at
    least $74.5 million for the Advancing Informal STEM Learning (AISL)
    program.
        NSF also supports STEAM education and informal learning through its
    research directorates, and we urge the subcommittee to provide
    increased funding for the NSF Directorates for Biological Sciences;
    Education and Human Resources; Geosciences; and Social, Behavioral and
    Economic Sciences to continue to support museum research, collections,
    and programs that are key to lifelong STEAM education. We also support
    the focus on the intersection of science and society in NSF's new
    Directorate for Technology, Innovation, and Partnerships.
        Finally, we support continued analysis and refinement of the
    broader impacts criterion on which all NSF proposals are evaluated,
    including efforts to enhance training for merit review panelists and
    NSF program officers-and the development of tools for evaluating and
    documenting the societal impacts of research.
    National Aeronautics and Space Administration (NASA)
        The National Aeronautics and Space Administration (NASA) supports
    informal STEM education in a variety of ways. The Teams Engaging
    Affiliate Museums and Informal Institutions (TEAM II) program, within
    the Office of STEM Engagement, provides support for museums and
    planetariums to enhance programs related to space exploration,
    aeronautics, space and earth science, or microgravity.
        We request at least $130 million for NASA's Office of STEM
    Engagement, including at least $15 million for the Teams Engaging
    Affiliate Museums and Informal Institutions (TEAM II) program.
        In addition, NASA's Science Mission Directorate supports museums
    and museum networks through its Science Activation program, which
    connects competitively-selected teams across the country with NASA
    infrastructure teams. Last year, more than 50 teams supported by the
    program engaged more than 21 million learner interactions in all 50
    States. To continue the program's evolution and strong reach
    nationwide, we request at least $47 million for the SciAct Program.
    National Oceanic and Atmospheric Administration (NOAA)
        NOAA's Office of Education offers two grant programs to advance
    education in areas relevant to NOAA's mission, including support for
    museums, zoos, aquariums, and science centers. These programs help
    enhance the understanding and use of environmental information to
    promote informed decision-making by educators, students, and the
    public.
      --The Bay Watershed Education and Training (B-WET) program promotes
            place-based experiential learning for K-12 students and related
            professional development for educators.
      --Environmental Literacy grants support activities that inspire
            people to use Earth system science to improve ecosystem
            stewardship and increase resilience to environmental hazards.
            For more than 15 years, these grants have supported museum
            exhibitions, K-12 curricula, online education resources,
            citizen science activities, out-of-school programs, and
            professional development for educators.

        As the need for enhanced education about our changing climate and
    community resilience increases, there is a need for a concurrent
    increase in the budget for the Office of Education. We request at least
    $35 million for NOAAs Office of Education.
        We continue to thank the subcommittee for all its support of a
    robust science and education budget. You have demonstrated your support
    for crucial programs that promote STEAM education for our Nation's
    students. Like our organizations, you recognize these are vital
    investments in our future, and we thank you in advance for taking
    action accordingly.
        Our organizations stand ready to be of service to your work. We are
    always happy to provide examples of the ways that museums are
    contributing to their communities and helping to advance local,
    regional, and national priorities. With our networks of hundreds of
    community-based institutions, these examples can be in or near each
    Congressional district.
        Founded in 1973, the Association of Science and Technology Centers
    (ASTC) is a network of nearly 700 science and technology centers and
    museums, and allied organizations, engaging more than 110 million
    people annually across North America and in almost 50 countries. With
    its members and partners, ASTC works towards a vision of increased
    understanding of-and engagement with-science and technology among all
    people. www.astc.org.
        The American Alliance of Museums (AAM) has been bringing museums
    together since 1906, helping to develop standards and best practices,
    gathering and sharing knowledge, and providing advocacy on issues of
    concern to the entire museum community. Representing more than 35,000
    individual museum professionals and volunteers, institutions, and
    corporate partners serving the museum field, the Alliance stands for
    the broad scope of the museum community. www.aam-us.org.
        The Association of Children's Museums (ACM) champions children's
    museums worldwide. With more than 460 members in 50 States and 19
    countries, ACM leverages the collective knowledge of children's museums
    through convening, sharing, and dissemination.
    www.childrensmuseums.org.
        The Association of Science Museum Directors (ASMD) is a non-profit,
    professional association of natural history and other science museum
    directors. Our community of museum leaders gathers to share experiences
    and discuss issues related to the advancement of our respective
    organizations to benefit society and the planet. www.asmd-us.org.

        [This statement was submitted by Christofer Nelson, President and
    CEOAssociation of Science and Technology Centers; Laura Lott, President
    and CEO, American Alliance of Museums; Arthur G. Affleck, III,
    Executive Director, Association of Children's Museums; and Bonnie
    Styles, Executive Director, Association of Science Museum Directors]
                                     ______

      Prepared Statement of Board Member of Youth Advocate Programs, Inc.
        Chairman Cartwright, Ranking Member Aderholt, and members of the
    subcommittee, my name is Judge Thomas Foster, and I am a retired Kansas
    District judge, a current member of the National Council of Juvenile
    and Family Court Judges, and a board member of Youth Advocates Program.
    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 Corrections Leaders for Justice. These
    organizations work to assist States in building on the past two decades
    of successful youth justice system accountability, reform, and
    improvement through expanding access to more effective and cost-
    efficient community-based alternatives for youth. Federal investments
    play a key role in juvenile justice efforts to protect youth, prevent
    delinquency, and promote safe communities. To accomplish these goals,
    we seek $100 million for a new initiative in the Department of
    Justice's (DOJ) Office of Juvenile Justice and Delinquency Prevention
    (OJJDP) that would support grants to States to implement a robust
    planning process to (1) close failed and ineffective youth prisons, (2)
    expand access to more effective and cost-efficient community-based
    alternatives, and (3) address economic concerns, such as the re-
    employment of facility workers and the economic impact of facility
    closures on communities. 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 communities.
        For more than four decades, YAP has supported youth and families
    involved in the youth justice and child welfare systems as well as
    adults in the criminal legal system. YAP has provided individuals and
    their communities with proven, effective, and economical community-
    based alternatives to institutional placement. YAP promotes expanding
    access to these resources for families and communities as an effective
    way to improve youth and family outcomes and community safety. YAP now
    serves youth and families in Kansas and 32 other States and Washington
    DC.
        In 2014, the Kansas legislature funded a bipartisan comprehensive
    review of the Kansas juvenile justice system. I was honored to have
    been appointed by our Supreme Court Chief Justice to serve on this
    committee. The committee collected information and invited national
    experts to present data and information related to juvenile justice and
    best practices. Dr. Edward Mulvey, University of Pittsburgh, and Dr.
    Mark Lipsey, Vanderbilt University, travelled to Kansas to meet with us
    and make presentations which are available for review at the KDOC
    website.\1\
        As a result of this process many modifications were implemented.
    The most significant modification was the limitation on the use of
    juvenile prison and elimination of the group home system in Kansas. The
    Committee was convinced that these out of home placements just did not
    work as Kansas was spending over $45,000 per year per child on an
    ineffective placement. The committee came to the conclusion that the
    out of home placement system could not be improved or salvaged and that
    it would be better to close them down and redirect the money to
    community-based programs that have been shown to work, such as
    intensive mentoring, family therapy, mental health services, parenting
    education, and substance use treatment. While Kansas closed its
    facilities, we still needed to identify and redirect funding to more
    effective community-based programs. YAP was one of the first programs
    brought to Kansas to address the need for community-based and in home
    services. Federal resources are needed now to galvanize and support
    Kansas' statewide effort to plan and implement its juvenile justice
    system transformation that will result in a better outcome for young
    people, increased system accountability, and safer communities.
        Research shows that community-based alternatives perform far better
    than the youth prison model; racial and ethnic disparities and abuse of
    children, including at facilities nationwide, continue to plague the
    youth carceral system; and youth prisons are extremely expensive. Given
    these limitations, experts and youth justice leaders--including youth
    correctional administrators, judges, prosecutors, and youth advocates--
    recommend the closure of failed youth prisons in favor of more
    effective community-based alternatives. However, there are many youth
    prisons still operating and taking up significant and precious state
    resources that could be used to expand access to more effective
    alternatives.
        There are a range of proven and effective alternatives to youth
    incarceration to support. Community mentoring programs that link young
    people to trusted adults show strong results. In Harrisburg,
    Pennsylvania, Youth Advocates Program found that 97% of program
    participants were not convicted or adjudicated of a new offense while
    in the program, 85% were living safely in the community at discharge,
    and 76% 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% after 12 months. At the 24-month mark, it was still
    57% lower. These results show that evidence-based alternatives
    delivered in the community significantly reduce recidivism. YAP just
    completed a 2-year project in 15 jurisdictions across the Nation where
    it invested private foundation funds in the local juvenile justice
    systems to support expanded access to effective alternatives to youth
    incarceration. 80% of the highest risk youth served were diverted from
    youth prisons, and at the end of the project jurisdictions decided to
    sustain these programs with their own funds because they found the
    alternatives to incarceration to be more effective.
        Incarceration contributes to racial disparities and poor long-term
    outcomes for youth. 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% of girls and 1.5%
    of boys in juvenile facilities but less than 1% of youth nationally.
    Long term outcomes for incarcerated youth 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.
        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--almost 15
    times more than the U.S. spends per pupil for 1 year of K-12 public
    education. A Washington State Study showed that youth detention
    produced fewer benefits in reduced crime and other outcomes than many
    less costly programs. 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.
        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% drop
    in youth arrests and a 68% reduction in youth placement. Texas
    decreased youth incarceration by 38% and further decreased youth
    arrests by 49%. 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
    failed youth prisons and diverting kids to community-based alternatives
    both save money and increase public safety.
        Americans nationwide support Federal funding to incentivize States
    to close failed youth prisons to capture resources to reinvest in more
    effective and cost-efficient community-based alternatives. In a 2021
    Youth First Initiative poll, 78 percent of adults endorsed the proposal
    to provide Federal funds to support 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. Additionally,
    residents polled in Pennsylvania and Virginia showed that 81 percent of
    Pennsylvanians and 85 percent of Virginians support a youth justice
    system that focuses on prevention and rehabilitation. In both States,
    more than 80 percent of respondents support providing financial
    incentives for States to invest in alternatives to youth incarceration.
        At a time when our Nation is debating how to reduce the negative
    impacts of the justice system while increasing public safety, I urge
    you to fully fund in FY23 the new $100 million initiative at OJJDP
    because it would accomplish the key goals of improving outcomes,
    addressing racial disparities, reducing long-term costs, and ensuring
    public safety.
        Thank you so much for your time and consideration of these
    important issues. Please do not hesitate to contact me at
    thomas.foster27@gmail.com or Jenny Collier at
    jcollier@colliercollective.org if you have any questions or need
    additional information.
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        \1\ https://www.doc.ks.gov/juvenile-services/Workgroup/
    Presentations/Lipsey.
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                                     ______

       Prepared Statement of 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 FY 2023 budget and
    has identified the following funding needs:
        1.  $70.5 million for Salmon Management Activities of which:
      --$26.5 million supports Mitchell Act Programs to implement reforms
            called for in the ``Conservation of Columbia Basin Fish'' and
            the Federal Columbia River Power System (FCRPS) Biological
            Opinion, of which $6.7 million (or 25 percent of the enacted
            amount) is directed to the Tribes to enhance natural stock
            recovery programs.
      --$43.5 million for the Pacific Salmon Treaty, of which $43.5 million
            is annual operations for the implementation of the 2019-2028
            Agreement.
        2.  $100 million for the Pacific Coastal Salmon Recovery Fund to
    support on-the-ground salmon restoration activities.
        3.  $4 million for Columbia River Pinniped Management to support
    implementation of the MMPA Section 120(f) permit issued by NOAA-F in
    2019.
        4.  $80.8 million for the Integrated Ocean Observing Systems (IOOS)
    program to continue the study of estuary and near-shore environment for
    multiple purposes including the restoration of treaty trust aquatic
    resources.
                                   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 the
    fisheries and fish habitat.
        In 1855, the United States entered treaties with the four
    Tribes\1\. The Tribes' ceded 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 many stocks extirpated and 12 salmon and steelhead
    trout populations in the Columbia River basin listed under the
    Endangered Species Act (ESA).
        Today, the treaties form the bedrock of the region's 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 economic purposes. 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 (FCRPS) 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. Continued Federal support
    is needed to accomplish the management objectives embodied in the
    agreements.
                 1. salmon management activities: $70.5 million
        Columbia River (Mitchell Act) Hatchery Program.--The Mitchell Act
    program was created in 1938 to mitigate for the impacts caused by the
    construction and operation of the Bonneville Dam. These production fish
    fuel West Coast salmon fisheries from the Oregon to Southeast Alaska,
    and to the interior Columbia River basin worth millions of dollars.
        Mitchell Act facilities operation and maintenance (O&M) funding has
    been static for years and eroded buying power of this account results
    in reduced numbers of fish produced and reduced fish health which
    results in fewer fish for harvest. A modest increase of O&M budgets to
    $26.7 million would help these facilities produce targeted numbers of
    fish to benefit Columbia River and West Coast fisheries and assist
    these Mitchell Act programs to begin integrating modern fisheries
    management and incorporate the dual needs of fish production and ESA
    salmon recovery opportunities.
        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 National Marine Fisheries Service (NMFS.) Unfortunately,
    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.
             2. pacific coastal salmon recovery fund: $100 million
        The Pacific Coastal Salmon Recovery Fund (PCSRF) was developed in
    2000 by Washington, Oregon, Idaho, Alaska, and the treaty Tribes 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 417 Yakama, Umatilla, Warm Springs, Nez Perce, and
    CRITFC Tribal salmon recovery projects. These projects have contributed
    greatly to the Pacific Northwest effort to avoid extinction of Columbia
    Basin salmon species and their habitat. Accomplishments from CRITFC and
    our member Tribes include 4,838 stream miles monitored; 417 miles of
    stream made accessible to salmon; 5,060 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, to provide sustainability of the fishery,
    and meaningful exercise of the treaty-reserved rights by the 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 are based on
    the best science, provide adequate monitoring, and address 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 $100 million for the PCSRF FY 2023
    allocation. Long-term economic benefits can be achieved by making PCSRF
    investments on-the-ground to rebuild sustainable, harvestable salmon
    populations into the future.
               3. columbia river pinniped management: $4 million
        Columbia River Section 120 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 impacted ESA-listed
    salmon and steelhead populations 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 exclusively on California
    sea lions. To respond to this change, 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 CRITFC member Tribes, along with Oregon, Idaho, and
    Washington received a MMPA Section 120(f) permit from the National
    Marine Fisheries Service to actively manage pinniped populations on the
    lower Columbia River and its tributaries. The authority under this
    permit increases the scope and scale of current management and expands
    lethal removal to include Steller sea lions. It also expands the area
    of potential removals and it will increase removal activity to 10 per
    year. Previously, removing sea lions required a multistep process,
    including branding animals and identifying repeat offenders. This new
    authority has streamlined this process and, as a result, will increase
    the number of trappings and lethal removals in the future. To fully
    implement the program under the new permit, the States and Tribes are
    requesting $4 million in Federal funds. This will supplement funds that
    the States and Tribes are currently contributing.
      4. integrated ocean observing systems (ioos) program: $80.8 million
        Increase IOOS Funding Levels.--Study of the estuary and near-shore
    environment is critical to understanding not only the impacts to treaty
    trust resources, but also actions needed to restore these resources.
    CRITFC has expanded its work to include the Coastal Margin Observation
    and Prediction Program (CMOP) whose main funding is through the NOAA-
    administered Integrated Ocean Observing System (IOOS) Program. Since
    2020, we have partnered with the Northwest Association of Networked
    Ocean Observing Systems (NANOOS) through our acquisition of the CMOP
    program which has been a NANOOS-supported effort since 2004. The CMOP
    infrastructure, now operated by CRITFC, has been integral to NANOOS for
    decades and will remain so. The multi-institutional collaborative
    structure of the IOOS regional associations ensures that the Tribes are
    integrated into the governance and decision-making processes.
        We strongly encourage a funding level of $69.5 million be invested
    in the regional IOOS network and its partners using the funding for
    Coastal, Ocean, and Great Lakes Observing Systems to refurbish aging
    infrastructure, modernize equipment, and address critical issues facing
    our collective communities. Expansion of IOOS capabilities in
    biological monitoring is important to CRITFC's interest in improving
    ocean conditions for salmon and allow regional partnerships to continue
    to address Biden Administration priorities for climate change, racial
    equity, and the economy.
        Improve Collaboration between NOAA Programs.--OAA should aim to
    create a comprehensive understanding of the Columbia River estuary and
    the near shore environment and work to improve the collaboration
    between these programs. CRITFC has collaborated with NOAA's Office of
    Coast Survey (OSC) in numeric and hydrodynamic modelling and plan to
    expand this effort to include hydrographic surveys in the confluence
    areas of Zone 6 of the Columbia River mainstem, where our Tribes
    primarily exercise their treaty-reserved fishing rights. This
    collaboration should be expanded with funding at $11.3 million in the
    Navigation, Observations and Positioning line to address issues of
    floodplain restoration and flooding to improve salmon survival.
        In summary, CRITFC and our four member Tribes have developed the
    capacity and infrastructure to become the regional leaders in restoring
    and rebuilding Columbia Basin salmon populations. 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.
    ---------------------------------------------------------------------------
        \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.

        [This statement was submitted by Casey Mitchell, Chair]
                                     ______

        Prepared Statement of Consortium of Social Science Associations
        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 (FY) 2023, COSSA urges the Committee to
    appropriate:
      --$11 billion for the National Science Foundation
      --$2 billion for the Census Bureau
      --$50 million for the National Institute of Justice
      --$60 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 2 years 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 $11
    billion for the National Science Foundation (NSF) in FY 2023. 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 eight 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.'' We all observed first-hand the importance of
    understanding behavioral and social systems over the last 2 years as
    the world collectively worked to gain control of the COVID-19 pandemic.
    From mask mandates to vaccine hesitancy, the social and behavioral
    sciences have been shining light on this uniquely human challenge and
    informing policy solutions at all levels.
    Keeping NSF Competitive
        As we speak, a conference committee is considering sweeping
    innovation legislation (the America COMPETES Act) that contains
    reauthorization provisions for NSF and seeks to push the agency into
    new frontiers in technology transfer and convergence research. As the
    committee knows, NSF has already started moving in this direction with
    the establishment of the Technology, Innovation and Partnerships
    Directorate (TIP) in FY 2022. COSSA hopes that future support for and
    investment in TIP and related activities is also met with a commitment
    to maintaining the NSF'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 seeing how social and behavioral
    science will be incorporated into the work of the new TIP directorate
    in addition to ongoing support for social science across the
    foundation.
                   census bureau, u.s. department of commerce
        COSSA requests that the Committee appropriate $2 billion for the
    Census Bureau in FY 2023. 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 FY 2023 could help the
    Census Bureau recover from years of postponed enhancements, sustain and
    strengthen its mission, and pursue numerous necessary operational
    innovations.
        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 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
    Decennial Census results caused by the pandemic.
           national institute of justice, u.s. department of justice
        COSSA requests that the Committee appropriate at least $50 million
    for the National Institute of Justice (NIJ) within the U.S. Department
    of Justice's (DOJ) Office of Justice Programs (OJP). NIJ provides
    funding for research, development, and evaluation projects at
    institutions across the country to shed light on the most pressing
    issues facing our Nation's criminal justice system today, including the
    drivers of domestic radicalization, responses to the opioid epidemic,
    improving school safety, advancing forensic science, and fostering
    positive relationships between law enforcement and the communities they
    serve-not to mention our urgent need to better understand and respond
    to the impacts of the COVID-19 pandemic on the incarcerated population
    and on our court systems.
        We recognize that tough funding tradeoffs must be made each year;
    however, we were disappointed to see the 19 percent cut to NIJ in the
    final FY 2022 appropriations bill. Despite our growing need for
    objective, science-backed solutions, over the past decade, NIJ's
    purchasing power has dropped by 40 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. As a result, 60 percent of NIJ's FY 2022 appropriation
    will be directed to Congressionally requested research, not including a
    number of additional projects requested without a specifically
    allocated funding level. An increase to the NIJ base budget would give
    the agency the flexibility to direct funding to the most pressing and
    promising areas of science across all domains of justice research,
    while still being responsive to topics of Congressional concern.
            bureau of justice statistics, u.s. department of justice
        Similarly, we were disappointed by the 11 percent cut to the Burau
    of Justice Statistics in the FY 2022 appropriations bill. 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. COSSA urges the Committee to appropriate at least $60 million
    for the Bureau of Justice Statistics (BJS).
        Steady declines in funding have resulted in antiquated systems and,
    especially, staffing shortfalls, which can only be resolved by
    sustained investment. Despite a growing demand from policymakers,
    researchers, and other stakeholders for high-quality criminal justice
    data across an expanding array of variables, BJS' purchasing power has
    dropped by nearly one-third (32.7 percent) since FY 2012 due to the
    combined effect of declining appropriations and inflation. Additional
    funding would allow the agency to modernize its data collection and
    dissemination systems, hire the necessary experts, and to begin to
    develop the next generation of statistical products to keep pace with
    the ever-changing criminal justice environment.
        Thank you for the opportunity to offer this statement. Please do
    not hesitate to contact me should you require additional information.
    ---------------------------------------------------------------------------
        \1\ https://www.nap.edu/catalog/24790/the-value-of-social-
    behavioral-and-economic-sciences-to-national-priorities.

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

                  Prepared Statement of Daughters of Penelope
        Chair 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 meaningful 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.
        We thank Congress for passing the VOCA Fix to Sustain the Crime
    Victims Fund Act of 2021, which will stabilize the Crime Victims Fund.
    To continue funding the essential and lifesaving services to crime
    victims, Congress must provide a Crime Victims Fund cap for FY2023 that
    is set at $2.65 billion; and as the President's FY2023 budget
    rightfully proposes, without any transfers to programs not authorized
    under the VOCA statute. Moreover, we also are grateful to Congress for
    passing a strong bipartisan-backed reauthorization of VAWA through
    2027. Now, it must be properly funded. Therefore, we support-at a
    minimum-the President's strong proposed investment FY23 request of $1
    billion for VAWA programs.
                       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. In FY2019, 6.5 million victims of violent
    crime, including domestic violence, received services through Victim
    Assistance programs, according to the Department of Justice.\1\ The
    Fund provides formula grants to over 11,000 local victim assistance
    programs.\2\ 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.
        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, as the former Congressional
    Victims' Rights Caucus would advocate, ``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 example, in FY2022, Congress transferred $575 million from the CVF
    to VAWA programs, the highest level. We applaud the President's budget
    for rightfully eliminating transfer, and we request the elimination of
    transfers that harm the Fund's long-term viability and ability to
    commit fully to crime victims.
        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)\3\:
      --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% (or
            43.6 million) of U.S. women during their lifetime.\4\
      --One in 4 women and 1 in 7 men have experienced physical violence by
            an intimate partner during their lifetime.\5\

        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\
      --Nationwide, an average of 3 women are killed by a current or former
            intimate partner every day.\7\
      --Approximately 15.5 million children are exposed to domestic
            violence annually.\8\

        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 2021
    24-hour survey of domestic violence programs across the U.S. found that
    although 20,701 Hotline calls were received (averaging more than 14
    calls every minute). However, 9,444 requests for services (such as
    emergency shelter, transportation, or legal representation) went unmet
    because programs lacked the resources to provide them.\9\ Sixty-four
    percent of the unmet services were for Housing and Emergency Shelter.
    In total, 70,032 victims were served in one day. The unconscionable gap
    between need and resources only widens.
       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
      --Historically, VOCA/VAWA grant funding more than 25% of Penelope
            House's budget.

        Penelope House's Court Advocacy Program is funded by VOCA & VAWA.
    Its 2021 stats, which were all increases, yet still impacted by the
    coronavirus pandemic, for clients served were:
      --Adult Clients: 8,251
      --Children: 7,080
      --Court Appointments with Clients: 6.761
      --Clients Assisted to obtain protection from abuse or no contact
            orders: 1,358

        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 its services
    were 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
    2021 service stats-again impacted due to the pandemic-were:
      --Adults sheltered: 233
      --Children sheltered: 252
      --Total Client Service Hours: 4,226.24
      --Total Nights of shelter provided: 5,989
      --Crisis calls: 1,573
      --Meals Served: 15,824
                                 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 2023 to be set at
    least at $2.65 billion and without any transfers to programs not
    authorized under the VOCA statute, as rightfully proposed by the
    President's FY23 budget. The Fund is not funded by taxpayer dollars.
    Therefore, the cap can be sustained or raised without adding to the
    National debt or deficit. We also support the Biden administration's
    strong investment request of $1 billion for VAWA programs, at a
    minimum.
        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 VOCA and VAWA grants have become increasingly important to
    meet the victims' needs.
        Thank you for the opportunity to present and submit our written
    testimony before the subcommittee.
    ---------------------------------------------------------------------------
        \1\ https://www.justice.gov/doj/page/file/1249306/download, Page
    17.
        \2\ https://www.justice.gov/jmd/page/file/1489521/download, Page
    144.
        \3\ NNEDV Domestic Violence Fact Sheet, accessed https://nnedv.org/
    wp-content/uploads/2019/07/Library_General_DV_SA_Factsheet.pdf.
        \4\ https://www.cdc.gov/violenceprevention/pdf/2015data-
    brief508.pdf.
        \5\ https://www.cdc.gov/violenceprevention/intimatepartnerviolence/
    fastfact.html f.
        \6\ https://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-
    a.pdf.
        \7\ NNEDV Domestic Violence Fact Sheet, https://nnedv.org/wp-
    content/uploads/2020/07/DVSA-Fact-Sheet-July-2020.pdf.
        \8\ Ibid.
        \9\ 16th Annual Domestic Violence Counts Report, accessed https://
    nnedv.org/wp-content/uploads/2022/03/16th-Annual-Domestic-Violence-
    Counts-National-Summary-FINAL.pdf.

        [This statement was submitted by Kathy Bizoukas, National
    President]
                                     ______

                     Prepared Statement of Demand Progress
    Dear Chair Shaheen, Ranking Member Moran, and members of the committee:

        Thank you for the opportunity to submit testimony on improving
    transparency and accountability at the Department of Justice (DOJ). My
    name is Daniel Schuman and I serve as Policy Director at Demand
    Progress. We urge you to ensure congressional and public access to
    legal opinions rendered by the Office of Legal Counsel (OLC) at the
    Justice Department that are afforded the force of law.
        Before I begin, please allow me to thank you for including language
    in the FY 2022 and FY 2021 Commerce, Justice, Science Appropriations
    Committee Joint Explanatory Statement concerning OLC opinions. We urge
    you to further strengthen that language.
                                   background
        OLC's 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.
        Secrecy undermines accountability. Congress must understand how the
    Executive branch interprets the Constitution and implements laws
    enacted by Congress. Allowing legal opinions that are accorded
    precedential value and the force of law 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 a functioning
    democracy.
        Secrecy also poisons the operations of the Office of Legal Counsel.
    Public scrutiny would create 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\ In some
    instances, the OLC ultimately withdrew its own legal opinions when they
    came to light; in at least one instance, the OLC secretly concluded
    explicit statutory language was unconstitutional and, therefore,
    inapplicable to the Executive branch.\4\ Building transparency into the
    process helps ensure that OLC legal analyses face scrutiny by Congress,
    scholars, and members of the public.
        In December 2004, 19 former senior DOJ officials--including the
    now-Assistant Attorney General for the Office of Legal Counsel,
    Christopher Schroeder--endorsed a document calling for increased
    transparency, entitled Principles to Guide the Office of Legal
    Counsel.\5\ One principle was that ``OLC should publicly disclose its
    written legal opinions in a timely manner, absent strong reasons for
    delay or nondisclosure.'' \6\ According to the Principles document,
    public disclosure of written legal opinions is important because:

        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.\7\

        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.\8\ 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.''
        Transparency strengthens our constitutional order. It helps ensure
    that the checks and balances between the Legislative and Executive
    branches function as the framers intended. Congress must have
    visibility into how the Executive branch interprets the Constitution
    and implements laws enacted by Congress.\9\ The OLC must be
    incentivized to render legal opinions that apply the law without fear
    or favor.
        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 articulated in the Principles document to
    disclosure of OLC legal opinions regardless of format.
        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\ However, 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.'' The process
    outlined in section III of the 2010 Memorandum, under a heading
    entitled Opinion Publication and Other Public Disclosure, is exactly
    the wrong approach. It describes a system that creates a presumption
    that OLC opinions will be withheld unless an arduous process is
    followed, with multiple consultations and veto points, and no end date.
    It requires that the publication committee affirmatively decide to
    publish an opinion.
                                recommendations
        Our request is twofold. First, we ask you to direct the Office of
    Legal Counsel to make its opinions publicly available upon issuance,
    except in narrow circumstances. The default for the government should
    be openness.\11\ Second, we request you direct the Office of Legal
    Counsel to release an index of all current OLC opinions and to update
    that index on a regular basis.
        The default rule must be that OLC legal opinions will be made
    publicly available contemporarily with their issuance. While there
    necessarily will be exceptions to disclosure, those exceptions should
    be narrow, constrained, and used only when necessary. Only Congress can
    guarantee this will happen. The FOIA is a powerful remedy, but it is
    slow, limited, and evaded by the Executive branch. The language
    included in the Joint Explanatory Statements accompanying the FY 2021
    and FY 2022 Appropriations bills has thus far been unavailing on OLC
    opinion transparency.\12\
        To address disclosure exceptions, Congress should direct the OLC to
    publicly release and maintain an index of all its opinions. OLC should
    publish the name of the opinion; the date it was finalized or revised;
    the 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. Congress and the public should know how many OLC
    legal opinions exist. It is astonishing that there has yet to be a full
    accounting of the opinions.\13\
        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.\14\ A
    recent 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.\15\ Similarly, the 2020 statement
    by legal experts endorsed indices.
        We urge that you adopt more vigorous language concerning the Office
    of Legal Counsel contained in the report (H. Rept. 117-97) that
    accompanied the House Commerce, Justice, Science, and Related Agencies
    Appropriations Act for FY 2022. It would fully address the issues
    raised above and limit the Justice Department's ability to evade
    Congress's directive to make OLC opinions publicly available.
        Thank you again for the opportunity to submit this testimony.
    ---------------------------------------------------------------------------
        \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.
        \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 a letter from select members of the Senate Committee
    on the Judiciary to Attorney General Garland urging the Department of
    Justice to not appeal D.C. District Judge Amy Berman Jackson's May 3,
    2021 decision ordering the release of an OLC memorandum (May 14, 2021),
    available at https://www.durbin.senate.gov/imo/media/doc/2021-05-
    14%20Letter%20to%20AG%20Garland.pdf. ``Given the gravity of the
    misconduct underlying OLC's March 2019 memo and DOJ's apparent
    misrepresentations when attempting to conceal the memo from the public
    . . . .''
        \4\ ``Report on the President's Surveillance Program,'' by the
    Offices of the Inspectors General of the Department of Defense, the
    Department of Justice, the Central Intelligence Agency, the National
    Security Agency, and the Office of the Director of National
    Intelligence (July 10, 2009), at 14, available at https://
    oig.justice.gov/reports/2015/PSP-09-18-15-full.pdf.
        \5\ ``Principles to Guide the Office of Legal Counsel'' (Dec. 21,
    2004), available at: https://scholarship.law.duke.edu/cgi/
    viewcontent.cgi?article=2927&context=faculty_scholarship.
        \6\ Id.
        \7\ Id. (emphasis added).
        \8\ ``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.
        \9\ For example: the Department of Justice issued a secret Office
    of Legal Counsel opinion at the request of the Executive branch that
    authorized Executive branch employees to engage in torture. The opinion
    was unfounded and withdrawn when it came to light. Nevertheless, the
    DOJ would not prosecute the officials who obtained the advice because
    they were acting in conformity with an OLC opinion and the DOJ as a
    policy declines to prosecute those who follow its advice. This kind of
    circular reasoning undermines the rule of law. See ``Statement of the
    Attorney General Regarding Investigation into the Interrogation of
    Certain Detainees,'' Office of Public Affairs (June 30, 2011) ``I made
    clear at that time that the Department would not prosecute anyone who
    acted in good faith and within the scope of the legal guidance given by
    the Office of Legal Counsel regarding the interrogation of detainees.''
    https://www.justice.gov/opa/pr/statement-attorney-general-regarding-
    investigation-interrogation-certain-detainees.
        \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
        \11\ See ``Freedom of Information Act, Memorandum for the Heads of
    Executive Departments and Agencies,'' The White House (January 21,
    2009), available at https://obamawhitehouse.archives.gov/the-press-
    office/freedom-information-act; ``Freedom of Information Act
    Guidelines,'' Office of the Attorney General (March 15, 2022),
    available at https://www.justice.gov/ag/page/file/1483516/download.
        \12\ While the report language included by the CJS Appropriations
    subcommittee in the House of Representatives addressed these issues
    squarely, the superseding Joint Explanatory Statement language on OLC
    opinions provides wiggle room and defers to the DOJ. 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.
        \13\ Congress has previously considered legislation on OLC
    opinions. For example, the Senate Judiciary Committee favorably
    reported the OLC Reporting Act of 2008 (S. 3501, 110th Congress). We
    note the introduction in the 117th Congress of the DOJ OLC Transparency
    Act (S. 3858) and the SUNLIGHT Act of 2022 (H.R. 7619).
        \14\ Public Law 114-185 (114th Congress). https://www.congress.gov/
    bill/114th-congress/senate-bill/337.
        \15\ The Knight First Amendment Institute at Columbia University is
    publishing the index on its website. https://knightcolumbia.org/
    reading-room/olc-opinions.
    ---------------------------------------------------------------------------
                                     ______

             Prepared Statement of Entomological Society of America
        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 (FY) 2023 appropriation of $11 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 medical
    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 Graduate Research Fellowship
    Program (GRFP), ensuring that the United States will remain globally
    competitive in the future.
        NSF-sponsored research in entomology and other basic biological
    sciences, 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 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 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 and as
    sentinel species to give indications of potential environmental risks
    to human populations. For example, insect behavior patterns can be an
    indicator of climatic and environmental conditions, as many species and
    populations are forced to migrate or adapt due to the impacts of
    climate change. One area of NSF-supported research worthy of continued
    support is advancing our knowledge of the impact of environmental
    changes on important pollinators, including bumblebees. Better
    understanding how various factors, including those induced by climate
    change, impact bumblebee feeding behavior can help advance innovative
    methods to protect these insects and the agricultural economies that
    rely heavily on them for pollination.\1\ One recent study funded by the
    Systematics and Biodiversity Science cluster within BIO observed
    changes in the feeding behavior of bumblebees in response to changes in
    both the microbial and sugar content of nectar due to increases in
    temperature. This study, in conjunction with other ongoing research in
    this complex area, could have significant implications for the
    agricultural industry as it seeks to adapt to the impacts of climate
    change.\2\
        NSF also supports the development of technologies and methods that
    directly impact economic sectors that are highly dependent on
    entomology. For example, recent GRFP recipients have explored
    innovative approaches to managing pest-induced agricultural damage to
    commodity crops and insects' behavioral responses to external stimuli,
    with significant economic and human health implications. A recent study
    led by an NSF GRFP recipient investigated the effectiveness of post-
    harvest cold storage in spotted-wing drosophila control. Spotted-wing
    drosophila is a uniquely devastating pest of small fruits like
    blueberries, raspberries, and strawberries owing to its ability to lay
    eggs in ripening fruit. The estimated revenue losses of wild
    blueberries due to spotted wing drosophila to amount to nearly $7
    million in the State of Maine alone.\3\ The study found that storing
    fruit at or near freezing temperatures for 3-5 days resulted in
    decreased pest survival. After accounting for slight daily cost
    depreciation from holding the crop and the initial investment of
    purchasing a cold storage system, farmers could realize individual net
    profits of $88,000 to $483,000 over 20 years by utilizing these post-
    harvest cold storage protocols.\4\ This practice also has the potential
    to reduce the need for pesticides and could prevent unintentional
    spread of the pest through shipment and trade.
        Another study led by a GRFP recipient sought to determine whether
    certain compounds on the outer surface of German cockroaches play a
    role in shelter choice and aggregation. These insects are an abundant
    household and commercial pest globally, accounting for 15 percent of
    pest control industry sales across the U.S. and 40 percent of insect-
    related household and structural damage in some States.\5\ Beyond these
    economic impacts, German cockroaches also pose health risks as both an
    asthma-causing allergen and a potential route of transmission for
    bacteria and other pathogens. Determining how cockroaches choose where
    to shelter could inform innovative control strategies. The study
    demonstrated that one candidate category of compounds, cuticular
    hydrocarbons, were not effective in causing the cockroaches to
    aggregate.\6\ The chemical cues important for inducing aggregation in
    German cockroaches remain unresolved, presenting an important challenge
    in urban pest biology and control that requires continued support from
    Federal research programs to promote health, well-being, and scientific
    understanding.
        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. Furthermore,
    new and emerging technologies enable scientists to gain novel insights
    from physical historic samples in an ongoing manner.
        While collections-focused awards 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. Furthermore, new and emerging technologies enable
    scientists to gain novel insights from physical historic samples in
    previously unanticipated way. 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 FY 2023 NSF budget of $11 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 over 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/.
    ---------------------------------------------------------------------------
        \1\ Main, Douglas. Bumblebees Are Going Extinct in a Time of
    `Climate Chaos'. Animals, National Geographic, 4 May 2021, https://
    www.nationalgeographic.com/animals/article/bumblebees-going-extinct-
    climate-change-pesticides.
        \2\ Russell, Kaleigh A., and Quinn S. McFrederick. Elevated
    Temperature May Affect Nectar Microbes, Nectar Sugars, and Bumble Bee
    Foraging Preference--Microbial Ecology. SpringerLink, Springer US, 1
    Oct. 2021, https://link.springer.com/article/10.1007/s00248-021-01881-
    x.
        \3\ Yeh, D. Adeline, Drummond, Francis A., Gomez, Miguel I., and
    Fan, Xiaoli. The Economic Impacts and Management of Spotted Wing
    Drosophila (Drosophila Suzukii): The Case of Wild Blueberries in Maine.
    Journal of Economic Entomology, 6 Jun. 2020, https://
    pubmed.ncbi.nlm.nih.gov/31943106/.
        \4\ Kraft, L.J. et al. Determining the effect of postharvest cold
    storage treatment on the survival of immature Drosophila suzukii
    (Diptera: Drosophilidae) in small fruits. Journal of Economic
    Entomology, 11 Sept. 2020, https://doi.org/10.1093/jee/toaa185.
        \5\ Lee, C.Y. and Wang, C. German cockroach infestations in the
    world and their social and economic impacts. In: Biology and Management
    of the German Cockroach, 2021, eds: Wang C, Lee CY, and Rust MK.
        \6\ Hamilton, J.A., Wada-Katsumata, A., and Schal, C. Role of
    cuticular hydrocarbons in German cockroach (Blattodea: Ectobiidae)
    aggregation behavior. Environmental Entomology, 28 Apr. 2019, https://
    doi.org/10.1093/ee/nvz044.

        [This statement was submitted by Jessica Ware, PhD, President]
                                     ______

         Prepared Statement of Environmental and Energy Study Institute
        Thank you for the opportunity to submit written testimony for the
    record in support of programs under the subcommittee's jurisdiction at
    the National Oceanic and Atmospheric Administration (NOAA) that support
    climate change mitigation and adaptation. The Environmental and Energy
    Study Institute (EESI) is a non-profit organization founded in 1984 on
    a bipartisan basis by members of Congress to help educate and inform
    policymakers, their staff, stakeholders, and the American public about
    the benefits of a low-emissions economy that prioritizes energy
    efficiency, renewable energy, and new clean energy technologies. In
    1988, EESI declared that addressing climate change is a moral
    imperative, and that has since guided our work.
        Climate adaptation and resilience work should complement and, when
    possible, contribute to a decarbonized, clean energy economy. From
    droughts to wildfires and hurricanes to extreme heat, different
    regions, States, and communities will experience different climate
    change-related threats. Communities need locally-tailored, accessible,
    and actionable data and support to make informed decisions to reduce
    their climate risks and safeguard the ecosystems on which they depend.
        This testimony is informed by EESI's report, A Resilient Future for
    Coastal Communities: Federal Policy Recommendations from Solutions to
    Practice.\1\ This report is based on EESI's 16-part Congressional
    briefing series that featured 42 coastal resilience experts discussing
    federal, State, and local programs and policies conducting effective
    climate adaptation to coastal hazards. The testimony is also informed
    by EESI's 2021 article series on Federal resilience programs.\2\ This
    nine-part series reviews program background information, the program
    connection to adaptation and resilience, an example of the program in
    action, and results of the program for six NOAA programs.\3\
             national oceanic and atmospheric administration (noaa)
                            climate-related programs
        EESI supports the Biden-Harris Administration's budget, which would
    provide $6.9 billion for NOAA in fiscal year 2023. This would represent
    a $800 million increase from the 2022 enacted level of $6.1 billion.
    The budget also calls for $376 million specifically for climate
    resilience. NOAA plays a critical role in climate resilience work, in
    conjunction with other Federal agencies, and this amount of funding
    should be seen as a floor, not a ceiling, for what is needed to support
    U.S. communities as they adapt to the impacts of climate change.
        EESI's Congressional briefing on March 18, 2022, Climate Adaptation
    Programs Across Agencies,\4\ outlined NOAA's role in advancing
    adaptation and resilience work. Key NOAA tools highlighted in the
    briefing include Climate.gov, Drought.gov, Atlas 14, and the Digital
    Coast Sea Level Rise Viewer. These critical tools require funding to
    ensure they are up-to-date and accessible to people who want to apply
    the information to their work.
        The 2020s must be the decade where significant strides are made on
    climate adaptation and resilience planning, data, project
    implementation, and evaluation. All these efforts must be scaled up to
    meet the magnitude of the challenge we face. This is only possible with
    adequate, sustainable funding from Congress in support of this work.
        Thank you for your consideration.
    ---------------------------------------------------------------------------
        \1\ A Resilient Future for Coastal Communities: Federal Policy
    Recommendations from Solutions to Practice: https://www.eesi.org/
    papers/view/a-resilient-future-for-coastal-communities.
        \2\ EESI Federal Resilience Programs article series: https://
    www.eesi.org/federal
    resilienceprograms.
        \3\ NOAA National Sea Grant College Program: https://www.eesi.org/
    articles/view/federal-
    resilience-series-noaa-national-sea-grant-college-program. NOAA Coral
    Reef Conservation Program: https://www.eesi.org/articles/view/federal-
    resilience-programs-noaa-coral-reef-conservation-program.
    NOAA Coral Reef Conservation Program: https://www.eesi.org/articles/
    view/federal-resilience-programs-noaa-coral-reef-conservation-program.
    NOAA National Centers for Coastal Ocean Science: https://www.eesi.org/
    articles/view/federal-resilience-programs-noaa-national-centers-for-
    coastal-ocean-science.
    NOAA Cooperative Institutes: https://www.eesi.org/articles/view/
    federal-resilience-programs-noaa-cooperative-institutes. National
    Centers for Environmental Information: https://www.eesi.org/articles/
    view/federal-resilience-programs-national-centers-for-environmental-
    inform
    ation. Mission ``Iconic Reefs:'' https://www.eesi.org/articles/view/
    federal-resilience-programs-mis
    sion-iconic-reefs.
        \4\ Climate Adaptation Programs across Agencies: https://
    www.eesi.org/briefings/view/031822fed.

        [This statement was submitted by Daniel Bresette, Executive
    Director]
                                     ______

        Prepared Statement of Family Based Alternative Sentencing (FBAS)
        Chairwoman Shaheen, Ranking Member Moran, and members of the
    subcommittee, I offer my written testimony in support of the request
    for $10 million for Family Based Alternative Sentencing (FBAS)
    currently funded through the Byrne Grant Program and administered by
    the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in
    the Department of Justice, to be used to fund State, local, and
    community agencies to replicate successful parenting sentencing
    alternative programs. FBAS corrects the systemic failure of American
    criminal justice to take the needs, emotions and well-being of families
    into account after arrest, pretrial and at sentencing following
    conviction, a failure which contributes to family disruption,
    alienation among children and community harm.
        I submit my testimony as a lawyer who has been active in, and a
    close observer of, criminal and juvenile justice in the United States
    for more than 45 years. I began my career as a criminal defense
    attorney with community based and law school legal clinics in Chicago,
    Illinois, and as staff attorney with the National Legal Aid and
    Defender Association in Washington, DC where I specialized in
    sentencing in criminal case. For 19 years I was the founding Executive
    Director of The Sentencing Project, also in Washington, DC. I also
    served as Executive Director of the John Howard Association of
    Illinois, an adult and juvenile corrections oversight organization.
    More recently I was Project Director for the New York based Center on
    Community Alternative's Project New Opportunity in Washington, DC, a
    reentry program staffed principally by previously-incarcerated
    individuals which achieved highly successful outcomes for persons
    released from the Federal Bureau of Prisons in 2017-2018.
        Over my career I have been the attorney for parents facing
    separation from their children at sentencing, spoken with scores of
    incarcerated parents and with their children, and represented and
    interviewed youth struggling with the emotional consequences of the
    incarceration of at least one parent. At Project New Opportunity, I saw
    up close how difficult family reunification could be after years of a
    parent's incarceration.
        My experience confirms the pain and adverse impacts that a parent's
    incarceration brings down upon their children which is described in
    research provided by others to the subcommittee.\1\ As a third-party
    witness, however, I cannot match the power of the voices of the
    formerly incarcerated parents and the children of incarcerated parents
    when they testify to their experience and to the damage to a child's
    social and emotional development, health, education, finances and
    housing stability that flows from incarceration of a parent.
        But as a former practitioner who has had much opportunity to
    observe criminal court processes and corrections operations, I would
    like to offer that Family Based Alternative Sentencing programs will
    help correct for a systemic failure, a deficiency in justice if you
    will, long present in criminal justice as it operates in this country.
        Historically and to my observation, criminal courts have not taken
    factors such as parental status and family relationships into account
    during the pendency of a case, in deciding pretrial release, or at
    sentencing after conviction.
        Surprisingly, being a parent with custody of a child is not one of
    the codified mitigating factors a court need consider in order to
    mitigate or help define an appropriate sentence.
        Similarly, criminal courts and the probation agencies under their
    supervision typically have not attempted to fashion sentences or
    administer supervision in ways that ameliorate the adverse impact of
    incarcerating a parent upon their children. As the research details,
    criminal courts have been quite content to leave the fate of children
    of parents they incarcerate to family courts, guardians at litem, child
    welfare case workers and foster parents, sometimes but not nearly often
    enough, with good effect.
        It may well be that these deficiencies came about because, in large
    part, current sentencing practices and sentences were shaped in the
    years before the dramatic increase in the number of women in State and
    Federal prisons--800% from 1978 to 2016.\2\ The fact is that as late as
    the early 1970's criminal courts and sentencing were dominated by
    males. Fewer women were being sentenced to prison, and men were less
    likely to be, or at least to be considered to be, the primary
    caregivers of their children.
        The responsibility for a failure of the system to take into account
    the needs of the children of parents facing incarceration is shared.
    Defense attorneys such as myself focused on our clients' legal
    defenses. With a few remarkable exceptions, most of us did not attend
    to family dynamics or to the trauma, disruption, or the psychological
    impact our client's case had on her or his child. Moreover, most
    defense attorneys--particularly over-extended and understaffed public
    defenders--were not equipped by training or with resources to take on
    the challenge of minimizing damage to a child when a parent is
    incarcerated, pretrial or after conviction.
        As for corrections, few state prison systems provide accommodations
    or material support for parents, even for incarcerated mothers, to help
    sustain family relationships.\3\
        My experience with reentry, in which family reunification is
    important, drove home the deficiencies of our courts and correctional
    agencies to address the issue while a parent is incarcerated.
    Personally, I observed parents released from Federal prison struggling
    to reconnect with children who had rejected them, were angry, had
    themselves become substance abusers, or who had bonded with another
    family. For all the years of their incarceration, often hundreds of
    miles from their children, these parents had not been counseled or
    assisted by programs designed to mitigate the pain and harm of
    separation. The closest to any kind of program of assistance were
    volunteer and non-profit-sponsored family bus trips to prison; multiple
    hours both ways that were themselves sometimes so trauma-inducing that
    incarcerated parents urged their children not to visit.
        The appropriations legislation you are considering is encouraging,
    a bright promise of improvement in justice. As the subcommittee will
    hear, there are now programs which provide alternatives to
    incarcerating parents. Programs in California, Illinois, Massachusetts,
    Tennessee, Oregon, and Washington are giving children greater stability
    and sense of belonging, contributing to family success, and, I have no
    doubt by doing so, helping to reduce crime, support families and
    improve communities. These programs have been shown to have high
    success rates compared to outcomes where there is no assistance or
    alternative to incarceration.
        The legislation before this subcommittee will provide support for
    programs that build upon these recent successes. That is why I
    respectfully urge the subcommittee to support $10 million in funding
    for programs that will help keep families together, will assist the
    children of incarcerated parents, and will encourage alternatives to
    incarceration for parents of children whenever possible.

    Respectfully submitted,
    Malcolm C. Young, Attorney at Law
    ---------------------------------------------------------------------------
        \1\ For an earlier research-based study which sounded the alarm
    about the negative impact of incarcerating a parent, see: Allard,
    Patricia and Greene, Judith Children on the Outside: Voicing the Pain
    and Human Costs of Parental Incarceration, Justice Strategies (January
    2011).
        \2\ Carson, E., Prisoners under the jurisdiction of State or
    Federal correctional authorities, December 31, 1978-2016, Washington,
    DC: Bureau of Justice Statistics (2017).
        \3\ The exceptions demonstrate the rule. For example, the ``Moms
    and Babies'' program which the Illinois Department of Corrections
    launched in 2007, which I visited it while in Illinois, claimed a
    ``Zero Percent Recidivism Rate'' after 4 years. It is regarded in many
    respects a model for programs that keep infants united with their
    mothers, of which there are only about seven others nationally. Yet,
    housed in Illinois' Logan Correctional Center which holds more than
    1,000 women, of whom about 70% have been mothers, after 11 years Moms
    and Babies reported having served just 90 mothers, on average less than
    9 per year. Illinois did not invest heavily in the program, claiming
    that it was ``budget-neutral'' and sustained by community donations and
    volunteers. Meanwhile, support for the hundreds of mothers not in the
    program and their families lagged. In 2015, a Gender Informed Practices
    Assessment (GIPA) conducted at Logan with technical assistance from
    National Institute of Corrections and the National Resource Center on
    Justice-Involved Women (NRCJIW) found major deficiencies in support for
    families, including termination of state-funded transportation for
    families seeking to visit incarcerated mothers. Prompted in part by the
    GIPA, Illinois enacted the Women's Correctional Services Act in 2017
    which directed the Illinois Department of Corrections to implement
    ``gender responsive policies, practices, programs, and services [that
    are] considered relational, culturally competent, family-centered,
    holistic, strength-based, and trauma-informed.'' Yet as basic as its
    efforts were, Illinois is one of just a handful of States with any
    correctional programs or legislated mandates addressing the challenges
    confronting incarcerated parents and their children. A description of
    the advantages and limitations of the Logan program and the National
    context is provided in: Dworsky, A., Fedock, G., Schlecht, C., Malcome,
    M., Murray, C., & Hazel, C., Addressing the needs of incarcerated
    mothers and their children in Illinois, (Chapin Hall at the University
    of Chicago and the University of Chicago's School of Social Service
    Administration) 2020.
    ---------------------------------------------------------------------------
                                     ______

             Prepared Statement of Federation of American Societies
                            for Experimental Biology
    Dear Chair Shaheen and Ranking Member Moran:

        As the largest coalition of biomedical researchers in the United
    States, representing 28 member societies and 115,000 individual
    scientists, the Federation of American Societies for Experimental
    Biology (FASEB) recommends at least $11 billion for the National
    Science Foundation for FY 2023.
        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--that led to the
    development of COVID-19 vaccines and also supports pre-clinical
    research involving the use of animal studies to achieve 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, research infrastructure such as core
    facilities, 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\
        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 while also advancing
    our security and economic interests. Through a new technology,
    innovation and partnerships directorate it will be better able to
    collaborate with other stakeholders to translate fundamental research
    into commercially viable products and services enhancing our
    competitiveness on the global stage. At current funding levels, NSF is
    not meeting the needs of researchers with innovative ideas bridging
    multiple disciplines that could bring forth new technologies and
    industries. Doubling NSF's grant award amounts and increasing their
    duration to 4 years from 3 years is needed.\3\ Many potentially
    fundable proposals are declined each year.
        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 one
    health.\4\
        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.\5\
        Train the Next Generation of Scientists From Diverse Backgrounds.--
    NSF plays a key role in creating educational pathways and supporting
    the accessibility of scientific education, training scientists from
    diverse backgrounds to increase inclusivity in science. These
    scientists--some of whom will become entrepreneurs--will work across
    different scientific disciplines, broaden participation in science and
    engineering among underrepresented and diverse groups.\6\
        Despite its critical role in accelerating science and innovation,
    NSF's budget has been flat in constant dollars since the 2010 COMPETES
    Act.\7\ There is also a pressing need to expand our scientific
    enterprise across all disciplines as well as diversify the STEM
    workforce. Recent data demonstrates that NSF was able to fund only 28
    percent of the high-quality research proposals that were submitted,
    rather than the National Science Board recommendation of 30 percent.\8\
    According to the FY 2020 Merit Review Digest from NSF, approximately
    $3.9 billion was requested for declined proposals that were rated Very
    Good or higher in the merit review process (about 4,233 declined
    proposals received ratings of 4.0 or greater). These declined proposals
    represent a rich portfolio of unfunded opportunities--proposals that,
    if funded, may have produced substantial research and education
    benefits.\9\
        Meanwhile, according to the National Science Board's Science &
    Engineering (S&E) Indicators 2022 report, the US is falling behind at
    10 percent compared to China's 49 percent of international patents
    received from 2010 to 2020.\25\ The publication of research in peer-
    reviewed literature--the primary mechanism for disseminating new S&E
    knowledge--grew at an annual average rate of three percent for high-
    income countries such as the US compared 11 percent for upper middle-
    income countries such as China, Russia and Brazil over a 10 year
    period.\10\
        Our recommendation of at least $11 billion, will allow NSF to
    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.\11,12\ In
    addition, this funding level will support NSF's new technology,
    innovation and partnerships directorate (TIP) which will work with all
    of NSF's directorates and offices to advance the impacts of NSF-funded
    research by accelerating the translation of fundamental science and
    engineering discoveries into innovative new technologies and solutions.
    TIP will provide an optimized lab-to-market platform, fund the
    successful Partnerships for Innovation, Small Business Innovation
    Research, and Small Business Technology Transfer programs. NSF could
    also accelerate key priorities, including Big Ideas that include
    understanding the rules of life, future of work at the human-technology
    frontier, mid-scale research infrastructure, inclusion across the
    Nation, Innovation Corps, biotechnology and harnessing the data
    revolution for 21st Century Science and Engineering and major
    investments in graduate education.\13\
    ---------------------------------------------------------------------------
        \1\ https://ncses.nsf.gov/pubs/nsb20201/executive-summary.
        \2\ STEM and the American Workforce. You've heard it before: STEM
    jobs - . . .  | by Science is US | Medium.
        \3\ Senate Appropriations Committee's Commerce ,Justice, Science
    and Related Agencies explanatory language for FY 2022, page 2 released
    Oct. 15, 2021.
        \4\ NSF's 10 Big Ideas, National Science Foundation, Alexandria,
    VA.
        \5\ NSF Collaborations with Federal Agencies and Others, National
    Science Foundation, Alexandria, VA.
        \6\ Education and Human Resources Directorate, National Science
    Foundation, Alexandria, VA.
        \7\ Subcommittee Report H.R. 2225--National Science Foundation for
    the Future Act July 2021.
        \8\ https://www.nsf.gov/pubs/2021/nsf21002/tables.jsp Figure 1.5
    NSF Competitive Proposals, New Awards, and Funding Rate.
        \9\ National Science Foundation, National Science Board, ``Merit
    Review Process Fiscal Year 2020 Digest'', page. 42.
        \25\ SCIENCE & ENGINEERING INDICATORS 2022. Figure 25--Shares of
    international patents granted to inventors, by selected country or
    economy: 2010 and 2020.
        \10\ SCIENCE & ENGINEERING INDICATORS 2022.
        \11\ American Innovation Act, S. 1249.
        \12\ Supporting Early Career Researchers Act, H.R. 144, Section 3--
    Supporting early-career research fellowship program.
        \13\ NSF Budget FY 2022.

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

              Prepared Statement of Federation of Associations in
                         Behavioral and Brain Sciences
        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 2023. FABBS represents twenty-seven scientific societies
    and over fifty 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 $11 billion in FY 2023.
        NSF-funded research pays long-term dividends in innovation and
    technologies driving our economy, national security, well-being, and
    other areas of significant importance to our Nation. 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.
        We are grateful for the four percent increase provided to NSF in
    the FY 2022 omnibus spending legislation. Nonetheless, NSF needs more
    consistent and ambitious funding increases to meet our country's needs
    and to re-invigorate Federal research and development at a time when
    our global competitors are looking to surpass American investments.
    Funding for the NSF has remained stagnant over the past decade despite
    established bipartisan and bicameral support for the NSF, including
    essential contributions to prevent and address COVID-19, spark economic
    growth, and strengthen national security; and despite evidence that the
    U.S. has lost standing in international competitiveness.
        As the House and Senate move to conference on the America COMPETES
    Act and the United States Innovation and Competition Act, it is clear
    that now is the time to increase Federal support for the NSF to ensure
    the future health, security, and economic well-being of our Nation.
    While Congress provides an expanded vision for NSF, the agency requires
    additional resources to realize the potential of its existing programs.
    One out of every four basic research projects at higher learning
    institutions across the United States is supported by the NSF and the
    Foundation's merit review process is the international gold-standard.
    However, in FY 2020, almost $4 billion worth of proposals were rated
    very good but were declined due to inadequate resources.
        NSF Director Panchanathan has stated 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.''
                   social, behavioral, and economic sciences
        FABBS scientists have a particular interest in the Social,
    Behavioral and Economic (SBE) Sciences directorate, which provides an
    estimated 64 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.
        Findings from the brain and behavioral sciences have extensive
    reach and applicability. For example, SBE funded researchers studying
    violent extremism delivered new insights that the National security
    community is now using to develop more effective strategies to disrupt
    recruitment and counter extremism.
        During the COVID-19 pandemic, SBE scientists contributed in many
    ways, including through the Societal Experts Action Network (SEAN).
    This partnership between NSF's SBE directorate and the National
    Academies of Science, Engineering, and Medicine provided actionable
    responses to urgent policy questions. Consulting leading researchers in
    the social, behavioral, and economic sciences, SEAN has published
    guidance to inform more effective public policy.\2\ The National
    Science Foundation's ability to conduct rapid-response programs such as
    SEAN is just one example of the many ways in which NSF is uniquely
    suited to capitalize on scientific discovery for the betterment of
    society.
        SBE is also 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.
                    technology, innovation, and partnerships
        On March 16, NSF officially launched a new Directorate for
    Technology, Innovation, and Partnerships (TIP). This exciting new
    venture will take a cross-cutting approach to speed the translation of
    basic research to make a difference in American's lives. By building on
    existing multidisciplinary programs, such as the Convergence
    Accelerator, TIP will integrate the expertise of all NSF directorates
    to spearhead new use-inspired research.
        To maximize the benefits of the TIP directorate, NSF must make sure
    to take full advantage of the behavioral and brain sciences. All of the
    directorate's target focuses, such as clean energy, quantum science,
    artificial intelligence, supercomputing, etc., have human components.
    Whether it is optimizing the user interface for a new technology or
    finding the most effective way to communicate with lay audiences, brain
    and behavioral scientists should be included to help maximize the
    return on investment for these new programs.
        Substantial, sustained funding increases will allow NSF to realize
    the full potential of the TIP directorate by investing in critical new
    programs while bolstering the existing investments in basic research--
    including in the social, behavioral, and economic sciences--which
    underly future societal, economic, and technological advances.
        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. EHR is
    especially vital to expanding participation in science through programs
    such as S-STEM, which provides scholarships to enable low-income
    students with academic ability, talent, or potential to pursue
    successful careers in promising STEM fields.
        Increasing Federal investment in fundamental scientific research
    across all sciences is critical to ensuring the future prosperity,
    security, and health of our Nation and its people. We urge you to
    provide NSF with at least $11 billion for FY 2023. 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 2023 and efforts to
    complete the budget in a timely manner.
        Thank you for considering this testimony.
    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,
            Flux: The Society for Developmental Cognitive Neuroscience,
            International Congress of Infant Studies, International Society
            for Developmental Psychobiology, 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
            College; Boston University; California State University,
            Fullerton; Carnegie Mellon University; Duke University; East
            Tennessee State University; Florida International University;
            George Mason University; George Washington University;
            Georgetown University; Harvard University; Indiana University
            Bloomington; Johns Hopkins University; Lehigh University;
            Massachusetts Institute of Technology; Michigan State
            University; New York University; North Carolina State
            University; The Ohio State University, Center for Cognitive and
            Brain Sciences; Pennsylvania State University; Princeton
            University; Purdue University; Rice University; Southern
            Methodist University; Syracuse University; Temple University;
            Texas A&M University; Tulane University; University of Arizona;
            University of California, Berkeley; University of California,
            Irvine; University of California, Los Angeles; University of
            California, Riverside; University of California, San Diego;
            University of Chicago; University of Delaware; University of
            Illinois at Urbana-Champaign; University of Iowa; University of
            Maryland, College Park; University of Michigan; University of
            Minnesota; University of Minnesota, Institute of Child
            Development; University of North Carolina at Greensboro;
            University of Oregon; University of Pennsylvania; University of
            Texas at Austin; University of Texas at Dallas; University of
            Virginia; University of Washington; Virginia Tech; Wake Forest
            University; Washington University in St. Louis; Western
            Kentucky University; Yale University
    ---------------------------------------------------------------------------
        \1\ https://www.nsf.gov/about/budget/fy2023/pdf/74_fy2023.pdf.
        \2\ https://www.nationalacademies.org/our-work/societal-experts-
    action-network.

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

      Prepared Statement of Florida Agricultural and Mechanical University
        Chairman Leahy, Chairman 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 (FY) 2023 Commerce, Justice,
    Science, and Related Agencies Appropriations bill. Florida A&M
    University (FAMU) is grateful for the historic support of Congress
    during the pandemic. Increased funding 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 (NSF)
    Education and Human Resources will have a direct impact on our
    University, our students, our region, and our Nation.
        Florida A&M University, based in the State capital of Tallahassee,
    Florida, was founded in 1887 with only 15 students and two instructors.
    Today, FAMU offers 95 degree programs to nearly 10,000 students. We are
    proud to be the highest ranked among public Historically Black Colleges
    and Universities (HBCU) for three consecutive years, according to the
    2022 U.S. News and World Report National Public Universities. The
    University is a leading land-grant research institution with an
    increased focus on science, technology, research, engineering,
    agriculture, and mathematics. As noted by Diverse Issues, FAMU is a top
    producer of African American undergraduate degrees and doctoral degrees
    in pharmacy and pharmaceutical sciences.
        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
        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 FY 2022
    Senate recommended allocation of $22 million for the program. The goal
    of the EPP/MSI is to increase the number of students, particularly from
    underrepresented communities, who attend MSIs 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 MSIs, which
    partner with 24 additional U.S. colleges and universities as part of
    the CSC program with faculty and students conducting research that
    further supports NOAA's mission.
        In April 2022, FAMU hosted Phase II of the Tenth Biennial NOAA EPP/
    MSI Education and Science Forum with over 460 registrants after holding
    the first phase virtually in 2021 due to COVID-19 concerns. 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 2,500 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. We support an 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 again recommend an allocation of $22
    million for the NOAA EPP/MSI program.
                    noaa national sea grant college program
        FAMU also strongly supports the subcommittee providing the FY 2022
    Senate recommended allocation of $90 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 and
    Great Lakes 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 2020, the
    economic impact of the Florida Sea Grant program was $16.6 million and
    resulted in 465 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 $519.5 million in 2021, far
    exceeding the Federal investment in the program. The national program
    helped to create or sustain 11,044 jobs and 1,332 businesses. It also
    supported over 2,000 graduate and undergraduate students and fellows.
        Last year, the Senate proposed 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
    again recommend an allocation of $90 million for the Sea Grant program.
                 national science foundation 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 $48.5 million for HBCU-UP.
        FAMU has received significant research funding through NSF, which
    has supported various research projects as well as programs to promote
    underrepresented minorities in STEM careers. FAMU continues to pursue
    NSF resources for innovative projects and encourages the subcommittee
    to provide robust funding for NSF's education programs.
        The President's FY 2023 budget requests $1.38 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 funding 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 our region and our Nation as well.
    Thank you for your consideration.

        [This statement was submitted by Larry Robinson, PhD, President]
                                     ______

            Prepared Statement of the Geological Society of America
        The Geological Society of America (GSA) supports increased
    investments in geoscience research and education at the National
    Science Foundation (NSF) and National Aeronautics and Space
    Administration (NASA). GSA encourages Congress to appropriate at least
    $11 billion for NSF in Fiscal Year 2023 and provide 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 through understanding and documenting mineral and energy
    resources that underpin economic growth; researching and monitoring
    potential natural hazards that threaten U.S. and international
    security; informing communities about the impacts of a changing
    climate; and determining and assessing water quality and availability.
        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 FY 2022 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 $11 billion in FY 2023. 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,
    such as that funded by the new Directorate for Technology, Innovation
    and Partnerships (TIP).
        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 2020 Digest show that NSF receives
    many more high-quality proposals than it can fund. In FY 2020, NSF was
    only able to fund 28% of the proposals received. The report noted,
    ``Approximately $3.9 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.''
        Geoscience research is a critical component of the overall science
    and technology enterprise and a key contributor to groundbreaking
    research across disciplines at NSF. Increased investments in NSF's
    geoscience portfolio are necessary to address pressing issues including
    natural hazards, energy and minerals, water resources, and education.
      --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,
            atmospheric conditions, 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, as noted in 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.
      --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. These include better
            characterizing risk and the ability forecast geohazards such as
            earthquakes, tsunamis, undersea landslides, and volcanic
            eruptions; rates, mechanisms, impacts, and geographic
            variability of sea level change; and changes in the marine
            food.
      --Natural hazards are a major cause of fatalities and economic
            losses. NOAA found in 2021 alone, 20 weather/climate disaster
            events with losses greater than $1 billion. 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 Hubs for Research and Broadening
            Participation initiative aims to understand the impacts of
            coastal environmental variability and natural hazards on
            populated coastal regions.
                 national aeronautics and space administration
        GSA appreciates past committee support of NASA Science and requests
    increases to NASA's Science Mission Directorate and its Earth Science
    and Planetary Science Divisions in FY 2023 as proposed in the
    President's budget request. Increased funding will be critical to
    implement the recommendations of the National Academy of Sciences
    report, Thriving on Our Changing Planet: A Decadal Strategy for Earth
    Observation from Space. The report notes:

        ``Earth science and derived Earth information have become an
            integral component of our daily lives, our business successes,
            and society's capacity to thrive. Extending this societal
            progress requires that we focus on understanding and reliably
            predicting the many ways our planet is changing.''

        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, global agriculture production. The
    Landsat satellites have amassed the largest archive of remotely sensed
    land data in the world. On September 27, 2021, the NASA/USGS Landsat
    program launched its ninth satellite in its 50 year program that will
    operate in tandem with Landsat 8 and replace Landsat 7. 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.
        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. For example, NASA's new Earth
    System Observatory consists of a series of Earth-focused missions that
    will create a holistic view of the Earth to provide key information
    related to climate change, natural hazards and agricultural processes.
    In addition, NASA's proposal to create an Earth Information Center will
    make data more accessible to communities most affected by climate
    change.
        Planetary research is directly linked to Earth science research and
    cuts in either program will hinder the other. In order 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 Planetary Science and urge you to continue to investment to
    allow NASA to move forward with priority missions as identified in the
    recent decadal survey, Origins, Worlds, and Life: A Decadal Strategy
    for Planetary Science and Astrobiology 2023-2032.
                  support needed to educate future innovators
        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 that 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.
                                     ______

     Prepared Statement of Great Lakes Indian Fish and Wildlife Commission
                                    (GLIFWC)
        Summary of GLIFWC'S FY 2023 Testimony.--GLIFWC supports sustained
    funding for the TRGP at no less than the FY 2022 enacted funding level.
    GLIFWC is closely monitoring misinformation and harassment related to
    the exercise of treaty rights and is working proactively with other
    jurisdictions to address social conflict and prevent its potential
    progression into extremism. This program has enabled GLIFWC to solidify
    its communications, training, and equipment requirements, essential to
    ensuring the safety of GLIFWC officers and the role of GLIFWC
    Conservation officers within the proper functioning of
    interjurisdictional emergency mutual assistance networks in the treaty
    ceded territories.
        Ceded Territory Treaty Rights and GLIFWC'S Role.--GLIFWC was
    established in 1984 as a ``Tribal organization'' within the meaning of
    the Indian Self-Determination Act (Public Law 93-638). It exercises
    authority delegated by its member Tribes to implement Federal court
    orders and various interjurisdictional agreements related to their
    treaty rights. GLIFWC assists its member Tribes in:
      X  securing and implementing treaty guaranteed rights to hunt, fish,
            and gather in Chippewa treaty ceded territories; and
      X  cooperatively managing, restoring and protecting ceded territory
            natural resources and their habitats.

            [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

        For over nearly 40 years, Congress and various Administrations have
    funded GLIFWC through the BIA, the Department of Justice, and other
    agencies to meet specific Federal obligations under: (1) a number of
    US/Chippewa treaties;\1\ (2) the Federal trust responsibility; (3) the
    Indian Self-Determination and Education Assistance Act, the Clean Water
    Act, and other Federal legislation; and (4) various court decisions,
    including a 1999 US Supreme Court case, that affirmed the treaty rights
    of GLIFWC's member Tribes. Under the direction of its member Tribes,
    GLIFWC operates a ceded territory hunting, fishing, and gathering
    rights protection/implementation program through its staff of
    biologists, scientists, technicians, conservation enforcement officers,
    and public information specialists.
    ---------------------------------------------------------------------------
        \1\ Specifically, the Treaty of 1836, 7 Stat. 491; Treaty of 1837,
    7 Stat. 536; Treaty of 1842, 7 Stat. 591; and Treaty of 1854, 10 Stat.
    1109. The rights guaranteed by these treaties have been affirmed by
    various court decisions, including a 1999 U.S. Supreme Court case.
    ---------------------------------------------------------------------------
        Community-Based Policing.--GLIFWC's officers carry out their duties
    through a community-based policing program. The underlying premise of
    that program is that effective detection and deterrence of illegal
    activities, as well as education of the regulated constituents, are
    best accomplished if the officers work within the Tribal communities
    they primarily serve. The officers work with reservation communities of
    the following member Tribes: in Wisconsin--Bad River, Lac Courte
    Oreilles, Lac du Flambeau, Red Cliff, Sokaogon Chippewa (Mole Lake),
    and St. Croix; in Minnesota--Fond du Lac and Mille Lacs; and in
    Michigan--Bay Mills, Keweenaw Bay, and Lac Vieux Desert. To help
    develop mutual trust between GLIFWC officers and Tribal communities,
    officers provide outdoor skills workshops and safety classes (hunter,
    boater, snowmobile, ATV) to Tribal youth in grades 4-8. GLIFWC's
    officers also actively participate in summer and winter youth outdoor
    activity camps, kids fishing events, workshops on canoe safety and rice
    stick carving, and seminars on trapping and archery/bow safety.
        During the COVID-19 pandemic, GLIFWC's member Tribes saw a rise in
    harassment incidents across the ceded territory. GLIFWC's Conservation
    Officers have responded by increasing their coordination and
    cooperation with local law enforcement and by documenting and mapping
    the locations of these incidents. In May 2021, a roundtable discussion
    was held that included Senator Tammy Baldwin, Wisconsin Governor Tony
    Evers, DNR Secretary Preston Cole, Tribal leaders, and State and Tribal
    law enforcement to discuss how best to prevent and respond to these
    incidents. GLIFWC Conservation Officers have also increased their
    outreach to county sheriff's departments.
        GLIFWC's member Tribes realize it is critical to build
    relationships between Tribal youth and law enforcement officers as a
    means of combatting gang recruitment and drug/alcohol abuse in
    reservation communities. GLIFWC is continuing to implement community
    policing strategies to build community relationships targeting Tribal
    youth. GLIFWC Conservation Officers continue to work to improve and
    expand youth outdoor recreation activities to help prevent violations
    of Tribal off-reservation codes, improve public safety and promote an
    outdoor lifestyle as an alternative to potentially turning to
    violence\2\ and substance abuse\3\. GLIFWC, in partnership with the
    U.S. Forest Service, plans to resume its Camp Onji-Akiing (From the
    Earth) in 2022.
    ---------------------------------------------------------------------------
        \2\ The American Indian and Alaska Native (AI/AN) youth population
    is more affected by gang involvement than any other racial population.
    15% of AI/AN youth are involved with gangs compared to 8% of Latino
    youth and 6% of African American youth nationally. (National Council on
    Crime and Delinquency: Glesmann, C., Krisberg, B.A., & Marchionna, S.,
    2009).
        \3\ 22.9% of American Indian and Alaska Native (AI/AN) youth aged
    12 and older report alcohol use, 18.4% report binge drinking and 16.0%
    report substance dependence or abuse. In the same group, 35.8% report
    tobacco use and 12.5% report illicit drug use. (2010 National Survey on
    Drug Use and Health: Summary of National Findings).
    ---------------------------------------------------------------------------
        Interaction With Law Enforcement Agencies.--GLIFWC's Conservation
    Officers are integral members of regional emergency services networks
    in Minnesota, Michigan, and Wisconsin. They not only enforce the
    Tribes' conservation codes but are fully certified officers who work
    cooperatively with authorities from other jurisdictions when they
    detect violations of State or Federal criminal and conservation laws.
    These partnerships evolved from the inter-governmental cooperation
    required to combat the violence experienced during the early
    implementation of treaty rights in Wisconsin. As time passed, GLIFWC's
    professional officers continued to provide a bridge between local law
    enforcement and many rural Indian communities.
        GLIFWC remains at this forefront, using DOJ funding to develop
    interjurisdictional legal training that is attended by GLIFWC officers,
    Tribal police and conservation officers, Tribal judges, Tribal and
    county prosecutors, and State and Federal agency law enforcement staff.
    DOJ funding has also enabled GLIFWC to certify its officers as medical
    emergency first responders, and to train them in search and rescue,
    particularly in cold water rescue techniques. When a crime is in
    progress or emergencies occur, local, State, and Federal law
    enforcement agencies look to GLIFWC's officers as part of the mutual
    assistance networks. In fact, the role of GLIFWC's officers in these
    networks was further legitimized in 2007 by the passage of Wisconsin
    Act 27, which affords GLIFWC wardens the same statutory safeguards and
    protections that are afforded to their DNR counterparts. GLIFWC wardens
    now have access to the criminal history database and other information
    to identify whom they are encountering in the field so that they can
    determine whether they are about to face a fugitive or some other
    dangerous individual.
        GLIFWC's participation in mutual assistance networks located
    throughout a 60,000 square mile region increases public safety in an
    effective and cost-efficient manner. In 2020, GLIFWC officers utilized
    prior DOJ funded training and equipment to assist in the patrol of
    276,345 vehicle miles. GLIFWC officers continued to assist federal,
    State and local officers in: (1) responding to emergency backup
    requests from other law enforcement agencies; (2) accidents; (3) search
    and rescue operations; (4) medical calls including requiring CPR and an
    AED to resuscitate citizens; and (5) removing commercial fishing nets
    that have been damaged due to Lake Superior's strong storms or
    vandalism which pose navigation hazards.
        Looking to the Future.--Tribal members are relying more heavily on
    off-reservation treaty harvesting activities, especially given the
    ongoing pandemic and rapidly increasing food costs. This necessitates
    more outreach to Tribal members to ensure they are exercising their
    rights safely and within Tribal regulations. It also requires education
    of the non-Tribal public about treaty rights. This work will
    proactively prevent and deter social conflict. GLIFWC's Conservation
    Officers are an integral part of this work and work closely with
    GLIFWC's public information staff to ensure that timely and accurate
    information about treaty rights is provided through GLIFWC media as
    well as the media outlets of other jurisdictions.

        [This statement was submitted by Michael J. Isham, Executive
    Administrator]
                                     ______

           Prepared Statement of Human Factors and Ergonomics Society
        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 $11 billion for the National Science Foundation (NSF) in the
    fiscal year (FY) 2023 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\
      --Improve understanding of the relationship between science and
            engineering, technology, and society, in order to advance the
            adoption and use of technology.\2\
      --Gain a better understanding of how humans and computers interact to
            ensure the development of new devices or environments that
            empower the user.\3\
      --Inform decision making in engineering design, control, and
            optimization to improve individual engineering components and
            entire systems.\4\

        \1\ Decision, Risk & Management Sciences (DRMS) Program (http://
    www.nsf.gov/funding/pgm_summ.jsp?pims_id=5423).
        \2\ Science and Technology Studies (STS) Program (https://
    www.nsf.gov/funding/pgm_summ.jsp?pims_id=505697).
        \3\ Human Centered Computing (HCC) Program (https://www.nsf.gov/
    funding/pgm_summ.jsp?pims_id=504958).
        \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 FY 2023 NSF budget of at least $11 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 Steven C. Kemp, CAE, Executive
    Director]
                                     ______

     Prepared Statement of Humane Society Legislative Fund and The Humane
                          Society of the United States
        Chair Shaheen, Ranking Member Moran, and Members of the
    subcommittee, thank you for this opportunity to offer testimony on
    matters of importance to our organizations and to our millions of
    supporters. We thank you for the support and investment in animal
    protection in the subcommittee's Fiscal Year 2022 appropriations bill.
    We appreciate your continued consideration for the following requests
    in the Fiscal Year 2023 Department of Commerce, Justice, Science, and
    Related Agencies budget:
      --NOAA North Atlantic Right Whales: at least $26 million
      --NOAA Protected Resources: increase of at least $30 million
      --NOAA John H. Prescott Marine Mammal Rescue Assistance Grant
            Program: $8 million
      --Marine Mammal Commission: $6 million
      --DOJ Animal Welfare Act enforcement: report language for DOJ-USDA
            MOU
     national oceanic and atmospheric administration--north atlantic right
                               whale conservation
        We, along with coalition partners, request at least $26 million in
    the National Oceanic and Atmospheric Administration (NOAA) budget to
    support the recovery of the critically endangered North Atlantic right
    whale, which is plunging ever closer to extinction due to fishing gear
    entanglements and vessel strikes. Recently updated estimates for the
    species indicate that from January 2019 to January 2020, the population
    plummeted by eight percent to 336 individuals-a rate of decline forty
    times the legal limit. This is the lowest assessment in decades.
        Within the $26 million for North Atlantic right whale conservation,
    we request the following allocations:
        Within Marine Mammals, Sea Turtles, and Other Species
      --$12,000,000 for the continued development and implementation of new
            rules from NOAA aimed at reducing the mortality rate of North
            Atlantic right whales by vessel strikes, fishing gear
            entanglements, and other threats to their survival. This
            funding should also be used for regulatory and management
            support to both reduce vessel-strike risk in high-traffic areas
            and to facilitate a transition to commercial fishing gear known
            to reduce gear entanglement risk with a strong focus on
            fishermen education and outreach.
      --$8,000,000 to expand the pilot program to refine and field test
            innovative fishing gear technologies designed to reduce North
            Atlantic right whale entanglements. As determined by the
            agency's needs, some funding within this amount should be
            directed towards the development of geolocation technologies
            and mapping. Lastly, research on how to lower the cost of new
            gear technologies should also be included.
      --$3,000,000 for: (1) Enforcement activities of offshore lobster
            fisheries in Massachusetts and Maine, related to personnel and
            vessel needs, monitoring, gear removal, and surveys (2)
            Enforcement activities of current and future vessel speed
            restrictions.
      --$2,000,000 for surveys and monitoring, including underwater
            acoustic gliders, of North Atlantic right whales in Atlantic
            coastal waters.
      --$1,000,000 for disentanglement, stranding response, and necropsy
            activities.
      --3 percent cap on the amount of funds NOAA can use internally.

        Within Fisheries Data Collections, Surveys, and Assessments
        $300,000 to continue conducting the continuous plankton recorder
    survey that will enhance our understanding of the distribution and
    movement of Calanus spp., the primary prey of the North Atlantic right
    whale.
        We thank the subcommittee for its continued commitment to ensuring
    the survival of the critically endangered North Atlantic right whale.
     national oceanic and atmospheric administration--office of protected
                                   resources
        In the last few years, we have seen other imperiled marine species
    reach crisis status. The Southern Resident killer whale population is
    at its lowest levels in 20 years. The number of vaquitas-the smallest
    and most endangered marine mammal on Earth-has plummeted by 90 percent
    in recent years; scientists estimate that a mere 10 vaquitas might
    remain in the world. Without bold, immediate action, their extinction
    is virtually assured. Each of these tragic declines underscores the
    danger of being complacent and failing to provide robust funding to the
    National Marine Fisheries Service. Thus, we recommend a $30 million
    increase in funding to the agency's protected resources budget to
    prevent any more of our amazing marine species slipping irrevocably to
    extinction.
       national oceanic and atmospheric administration--john h. prescott
                 marine mammal rescue assistance grant program
        We request $8 million in FY23 for the John H. Prescott Marine
    Mammal Rescue Assistance Grant Program, an increase from $4 million in
    FY22. The Prescott program provides competitive grants to marine mammal
    stranding organizations to rescue, rehabilitate, or investigate sick,
    injured, or distressed live marine mammals, and to investigate and
    determine the cause of death or injury to these animals. The program is
    the sole source of Federal funding for the National Marine Mammal
    Stranding Network, comprising more than 90 member organizations in 26
    States, the District of Columbia, two territories, and two Tribes.
    Funds are awarded only if at least 25 percent of non-federal matching
    funds are also committed, and no single award may exceed $100,000. To
    date, NOAA has issued 794 Prescott program awards to the National
    stranding network, totaling over $67 million in Federal funding and
    over $28 million in non-federal funding.
                            marine mammal commission
        For FY23, we urge that the Marine Mammal Commission (MMC) budget be
    increased to $6 million to help restore the Commission's key oversight
    role in conserving marine mammals. The U.S. taxpayer contributes just
    over 1 cent per year to fund this agency and its work. Starting in
    FY15, the MMC had been flat-funded at $3.43 million. MMC funding
    increased slightly to $3.769 million in FY21, and to $4.2 million in
    FY22. Despite that, the agency's actual discretionary funding has
    declined due to rising fixed costs such as salaries and rent. Providing
    $6 million in funding for FY23 would enable the MMC to fulfill its
    obligations under the Marine Mammal Protection Act.
             department of justice--animal welfare act enforcement
        The Animal Welfare Act (AWA) sets basic standards of care for
    animals used in research, exhibition, transport, and sales. This law is
    crucial to protecting over a million animals from inhumane care and
    treatment. Yet many dealers, exhibitors, and research facilities are
    getting away with egregious abuses. Enforcement of the AWA must be
    strengthened because the U.S. Department of Agriculture's (USDA)
    enforcement actions have not been frequent or strong enough to stop
    those engaging in abuse or to deter potential violators of the law.
    Without vigorous enforcement of this important law, there is no
    deterrent for violators and animals will continue to suffer. To keep up
    with the sheer number of animals in need of AWA protection, the USDA
    needs help.
        The Department of Justice's Environment and Natural Resources
    Division (DOJ) already works tirelessly to ensure that full effect is
    given to the Federal statutes and enforcement regimes that provide for
    the humane treatment of captive, farmed, and companion animals across
    the United States--including sections of the AWA. However, to provide
    the Department with additional tools to take action against dealers,
    exhibitors, and research facilities that violate the AWA, we encourage
    the inclusion of report language calling on USDA and DOJ to develop a
    Memorandum of Understanding to facilitate a partnership in enforcing
    the AWA, and to create a formalized structure for USDA to partner and
    share information on AWA violators with DOJ.
        As such, we urge the inclusion of this report language: The
    Committee urges the Department to enter into a memorandum of
    understanding with the Secretary of Agriculture to encourage greater
    collaboration on Animal Welfare Act enforcement and ensure that the
    Department of Justice has access to evidence needed to initiate cases.

        [This statement was submitted by Jocelyn Ziemian, Senior
    Legislative Specialist, Humane Society Legislative Fund]
                                     ______

              Prepared Statement of Indigenous Cannabis Coalition
    Dear Chairman Shaheen and Ranking Committee Members,

        As Tribal leaders, Tribal citizens, organizations and cannabis
    advocates, we publicly endorse the Fiscal Year 2023 appropriations
    legislation for the Commerce Justice and Science subcommittee and the
    support for Tribal sovereignty and the implementation of Indian treaty
    rights and self-determination in cannabis commerce. We believe that
    responsible regulation and control of marijuana by Tribes in their
    respective homelands is beneficial to society and the public's health,
    and provides safer alternatives to the illicit cartel economies that
    occur in States that continue the practice of criminalizing black and
    brown communities with failed marijuana policies.
        We support the 2023 appropriations bill's new policy language that
    says no Federal funds appropriated to agencies within Interior, Justice
    Department, Bureau of Indian Affairs or Office of Justice Services
    could be used to ``enforce Federal laws criminalizing the use,
    distribution, possession, or cultivation of marijuana against any
    person engaged in the use, distribution, possession, or cultivation of
    marijuana in Indian country'' where such activity is authorized, we are
    highly concerned that the new contingencies create further
    discriminatory practices and fails to protect Tribal sovereignty.
        We ask that the members of this committee pass this House measure
    specifically regarding provisions on the Federal enforcement of
    cannabis on Indian lands. The language reflects Tribal sovereignty for
    all 574 federally recognized Tribes and does not allow for State law to
    supersede Tribal law regarding trade and commerce in cannabis, an
    imperative aspect of upholding the trust responsibility and uplifting
    self-determination.

        [This statement was submitted by Mary Jane Oatman, Executive
    Director (Nez Perce/Delaware) Kamiah, ID]
                                     ______

                   Prepared Statement of Insights Association
        On behalf of the Insights Association (IA), the leading nonprofit
    trade association for the market research and data analytics industry,
    I am respectfully submitting testimony on the U.S. Census Bureau's
    ``Ask U.S. Panel'' project and the bill language and committee report
    language we are seeking. The project is presumably funded through the
    Current Surveys and Programs account, though the President's FY23
    budget request makes no mention of it.
        IA defends and promotes the indisputable role of insights in
    driving positive impacts on society and consumers. Our more than 7,000
    company and individual members are the world's leading producers of
    intelligence, analytics and insights defining the needs, attitudes and
    behaviors of consumers, organizations and their employees, students and
    citizens. With that essential understanding, leaders can make
    intelligent decisions and deploy strategies and tactics to build trust,
    inspire innovation, realize the full potential of individuals and
    teams, and successfully create and promote products, services and
    ideas.
        The Ask U.S. Panel is being developed by the Bureau through a
    cooperative agreement to create a new ``nationally representative
    survey panel for tracking public opinion on a variety of topics of
    interest to numerous Federal agencies and their partners, and for
    conducting experimentation on alternative question wording and
    methodological approaches.'' The Bureau intends to spend at least the
    first 2 years of the project on a pilot before trying to make their
    panel probability-based in the third year (or later).
        This lead time is particularly galling since numerous private
    sector insights companies and organizations currently provide well-
    established high-quality probability-based panels to the Federal
    Government and other customers without needing Federal subsidy and
    multiple years of development time. At best, the plan for the Census
    Bureau to develop a probability-based research panel is duplicative. It
    is also anti-competitive, given these existing panels and the Bureau's
    intent to fund an additional insights organization (Research Triangle
    Institute) to spend years building one, whose intellectual property and
    technology that organization would get to keep for its own purposes.
        Our industry is not the only interest raising concerns about the
    project. The Department of Commerce's Office of the Inspector General
    (OIG) has initiated ``an evaluation'' of the ``award and use of a
    cooperative agreement to participate in a joint statistical project
    with Research Triangle Institute, an independent nonprofit
    institution.'' The OIG's ``objective is to determine whether the
    cooperative agreement was properly authorized, executed, and
    administered in accordance with relevant laws and regulations.'' \1\
        Recent Congressional inquiries to the Bureau have been met with
    reference to this OIG evaluation as the reason for the Bureau's
    inability to answer questions. However, if the OIG evaluation somehow
    prevents the Census Bureau from discussing the Ask U.S. Panel, should
    it not also prevent the continued pursuit of the project?
        IA has requested bill language in CJS: ``No funds in this bill may
    be spent in support or development of the Ask U.S. Panel or any similar
    effort to develop a survey, opinion or market research service
    duplicative of private sector offerings.''
        Along with the prohibition on funds, IA also requested committee
    report language: ``Ask U.S. Panel Survey. The Committee is concerned
    about the lack of transparency related to the Census Bureau's plans for
    implementation of the Ask U.S. Panel Survey, particularly given the
    lack of congressional authorization and the expanding scope of the
    project since it was initially announced. The Committee also is
    concerned about the use of taxpayer dollars for the development of a
    panel survey given the wide range of options that currently exist in
    the private sector for these types of activities. The Committee directs
    the Census Bureau to provide a report to the Committee within 60 days
    about the panel's methodology, data collection processes,
    implementation, and procurement strategy to allow the Committee to
    evaluate the project's use of Federal resources.''
        IA's concerns include:
        1. Federal agencies can (and already do) purchase such services
    from the private sector.--The ultimate goal of the Ask U.S. Panel
    project--to create a probability-based nationwide representative survey
    panel for tracking public opinion--is already being fulfilled utilizing
    numerous non-governmental sources. Insights providers such as Dynata,
    Gallup, Ipsos, NORC at the University of Chicago, SSRS, the University
    of Southern California, and others maintain probability-based research
    panels that could meet any needs of the Bureau or other Federal
    agencies. Most of them already successfully provide such services to
    Federal agency clients, including the Bureau itself. Plenty of other
    insights companies and organizations with panels could also adapt to
    provide probability-based panels if requested.
        Since these insights providers offer their services commercially on
    the open market, the Census Bureau could acquire such panel research
    services with full and open competitions. So why does the Bureau feel
    the need to disregard the availability of ready commercial alternatives
    and develop its own panel?

        2. The Ask U.S. Panel is an unnecessary financial burden on Federal
    taxpayers.--Besides just the cost and expertise involved in
    establishing this duplicative service, the Census Bureau has not
    considered the immense expertise in data quality, incentive management
    and delivery, fraud detection, and privacy and permissions management
    required to successfully maintain this kind of panel. The Bureau has
    mentioned no planned procedures to monitor and mitigate attrition of
    panelists and how it would refresh the pool of available respondents.
    The multi-year pilot plan suggests they just hope to learn on the fly
    (an expensive gamble). Why should taxpayers fund the lengthy creation
    and complicated maintenance of such a duplicative service when it could
    be simply purchased in the open market for a tiny fraction of the cost?
        The Bureau's supporting Statement to OMB estimates that the pilot
    will cost a mere $3.5 million,\2\ but this hides the true cost of the
    overall project, since actually building the panel, which the Bureau
    doesn't propose to even do until at least year three, would cost a
    massively greater amount. NORC estimates it would cost at least $25
    million to build this kind of online panel, with annual maintenance
    costing as much as $2 million per year.\3\ Meanwhile, NORC estimates
    that studies from pre-existing probability-based panel providers could
    ``be purchased for as little as $100,000.'' \4\

        3. The Federal Government should not compete against the private
    sector.--According to the original Notice of Federal Funding,\5\ the
    Ask U.S. Panel would be ``open to government and other non-profit
    researchers and policy makers,'' meaning that the Bureau's proposed
    panel itself could compete directly with private sector insights
    providers.
        Since 1955, Federal agencies have been charged with avoiding
    ``activities conducted by the Government that provide services or
    products for its own use which could be procured from private
    enterprise through ordinary business channels''.\6\ The policy required
    the head of an agency to make any exception to such restrictions ``only
    where it is clearly demonstrated . . .  that it is not in the public
    interest to procure such product or service from private enterprise.''
    This policy was reiterated by every Administration following, including
    in OMB Circular A-76\7\ and other policies specifically requiring
    competitive sourcing.
        The Census Bureau implies in a supporting Statement to OMB that it
    has conducted a competitive sourcing analysis, but in fact has only
    checked to see if the data to be collected in the pilot project stage
    is duplicative of other Federal Government agencies.\8\ That is no
    substitute for an actual competitive sourcing analysis.

        4. Government should not subsidize a private entity to develop (and
    keep for its own use) duplicative intellectual property.--By using a
    cooperative agreement, under which the intellectual property (IP)
    developed is owned not by the Federal Government but by the awardee,
    the Census Bureau is using taxpayer funds to establish a panel that is
    free to be used by a private entity for its own work long after the
    contracted work is complete. Per the Department of Commerce Financial
    Assistance Standard Terms and Conditions (December 26, 2014,
    Sec. D.03.a), the awardee ``owns any work produced or purchased under a
    Federal award.''
        How could the best or most cost-effective way of pursuing the
    Census Bureau's research goals involve directly subsidizing a private
    entity to spend years developing a service already offered by other
    private entities?
                                   conclusion
        We applaud the Census Bureau for their ongoing innovation and
    dedication to serve as the leading source of the highest quality and
    most representative data for America's people and economy. The Insights
    Association dedicates much of our daily advocacy to supporting the
    decennial census and the American Community Survey (ACS), the two
    essential Federal data sources underpinning statistical sampling/
    representativeness in almost all U.S. research studies.
        The insights industry is no stranger to the importance of the
    Bureau and its core work; we want the Bureau to focus on that work and
    do it well.
        IA remains gravely concerned about the shaky rationale and lack of
    need for the Ask U.S. Panel given numerous commercially-viable
    alternatives. The Census Bureau should be using the competitive
    marketplace of available insights services to acquire pre-existing
    research services on an as-needed basis, which would reduce public
    burden, save years of development time, and ultimately cost taxpayers a
    lot less money.
        Thank you for allowing IA to testify on the Ask U.S. Panel project,
    an important under-the-radar issue in the FY23 CJS Appropriations
    legislation.
    ---------------------------------------------------------------------------
        \1\ Evaluation of the U.S. Census Bureau's Award and Use of a
    Cooperative Agreement
    (#2022-420). January 14, 2022. https://www.oig.doc.gov/OIGPublications/
    Evaluation-of-Census-Cooperative-Agreement.pdf.
        \2\ Page 17. Supporting Statement Part A Ask US Pilot_4_4--22.docx
    https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202202-0607-
    008.
        \3\ NORC comments. February 22, 2022. Page 3. https://
    www.regulations.gov/comment/USBC-2021-0024-0004.
        \4\ NORC comments. February 22, 2022. Page 2. https://
    www.regulations.gov/comment/USBC-2021-0024-0004.
        \5\ CENSUS-ADR-ADRM-2020-2006579. U.S. Census Bureau Research and
    Methodology Directorate Cooperative Agreements. Department of Commerce.
    Page 10. https://www.grants.gov/web/grants/search-
    grants.html?keywords=CENSUS-ADR-ADRM-2020-2006579.
        \6\ Bureau of the Budget Bulletin 55-4. January 15, 1955. https://
    www.governmentcompetition.org/wp-content/uploads/2018/11/
    Bureauof_the_Budget_Bulletin_55-4_January_15_1955.pdf.
        \7\ https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/
    circulars/A76/a076.pdf.
        \8\ Page 5. Supporting Statement Part A Ask US Pilot_4_4--22.docx
    https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202202-0607-
    008.

        [This statement was submitted by Howard Fienberg, Senior VP
    Advocacy]
                                     ______

          Prepared Statement of International Fund for Animal Welfare
    Chairwoman Shaheen, Ranking Member Moran, and Members of the
    subcommittee:

        Thank you for the opportunity to offer testimony on the FY23
    Commerce, Justice, Science, and Related Agencies Appropriations Act.
    The International Fund for Animal Welfare (IFAW) has 15 offices
    globally and works in more than 40 countries around the world. IFAW
    takes a holistic approach to innovating solutions for tough
    conservation challenges like conflicts between humans and wildlife, and
    illegal wildlife trafficking. IFAW's Marine Mammal Rescue Team, based
    on Cape Cod, Massachusetts, has also served as a first line of defense
    for stranded marine mammals in distress for more than 20 years. Our
    team investigates incidents involving human interactions with marine
    mammals, and, rescues dolphins, whales, seals, and other marine
    mammals, releasing them, whenever possible, back into the wild.
        IFAW is grateful for this subcommittee's championship of strong
    marine conservation and research funding for the current fiscal year
    (FY22), and requests additional support for these programs in FY23 to
    meet urgent and growing needs.
        Our oceans are in trouble. From the depletion of fish stocks to
    climate change, increasing ocean temperatures, noise pollution, and
    acidification, human activity threatens marine ecosystems that are
    vital to the health of our oceans and to all life on earth. Marine
    mammals are further impacted by changes that are occurring rapidly,
    such as increases in offshore wind energy and aquaculture, potentially
    exacerbating existing threats.
        Fortunately, just as human activities are responsible for many of
    the current ocean threats, it is within our power to change our shared
    trajectory, and this subcommittee has jurisdiction over critical
    programs that can help to do just that. Given the severity of the
    challenges we face, IFAW respectfully asks the subcommittee to exert
    its leadership in order to reverse the alarming and interrelated
    climate and biodiversity emergencies by making substantial increases in
    funding for the important marine conservation programs within your
    purview. Doing so will help to protect ocean biodiversity, and will in
    turn have significant positive effects, including promoting healthy
    fish stocks, fighting climate change, and safeguarding human health and
    wellbeing.
        For FY23, IFAW requests the following direction from the
    subcommittee within the National Oceanic and Atmospheric
    Administration's (NOAA) National Marine Fisheries Service Marine
    Mammals, Sea Turtles, and Other Species conservation programs:
                   north atlantic right whales: $26.3 million
        Recent population surveys have found a decline in North Atlantic
    right whale (NARW) populations, and suggest that there are currently
    fewer than 340 individuals remaining. Urgent action must be taken NOW
    in order to save these iconic animals from extinction.
        The NARW faces ongoing threats from fishing gear entanglement and
    vessel strikes, amongst other stressors. It is imperative that we
    continue to provide significant funding to conserve this imperiled
    species, better understand how it interacts with commercial fisheries
    and vessel traffic, and if needed, support the fishing industry in
    complying with last year's Atlantic Large Whale Take Reduction Plan
    (ALWTRP) rule.
        Critical habitat for right whales frequently overlaps with
    commercial fishing grounds and areas of high vessel traffic, leaving
    the whales vulnerable to vessel collisions and fishing gear
    entanglements, the two leading causes of injury and death to the
    species. Whales that survive these dangers are often subject to chronic
    stress and reproductive failure, further inhibiting the species'
    ability to recover. Due to human-caused threats, the population's
    mortality rate still exceeds the birth rate by a ratio of three to two.
        By providing funding for NARW research and prioritizing cooperative
    research with fishermen, Congress can help generate innovative and
    long-term solutions for saving this endangered species--while
    preserving the essential economic activity of commercial fishing and
    shipping.
      --$12,000,000 for the continued development and implementation of new
            rules from NOAA to reduce mortality of NARWs from vessel
            strikes, fishing gear entanglements, and other threats to their
            survival. This funding should also be used to provide
            regulatory and management support to both reduce vessel-strike
            risk in high-traffic areas and to facilitate a transition to
            commercial fishing gear known to reduce gear entanglement risk,
            with a strong focus on fishermen education and outreach;
      --$8,000,000 to expand the existing pilot program to field test and
            refine innovative fishing gear technologies intended to reduce
            NARW entanglements. As determined by the agency's needs, some
            funding within this amount should be directed towards the
            development of gear geolocation technologies and toward
            strategies for lowering the cost of adoption of new gear
            technologies;
      --$3,000,000 for enforcement of current and future vessel speed
            restrictions and offshore lobster fisheries in Massachusetts
            and Maine, related to personnel and vessel needs, monitoring,
            gear removal, and surveys;
      --$2,000,000 for surveys and monitoring, including but not limited to
            underwater acoustic detection technologies, of NARW in Atlantic
            coastal waters;
      --$1,000,000 for disentanglement, stranding response, and necropsy
            activities;
      --3% cap on the amount of funds NOAA can use internally.

        We also request an additional $300,000 within Fisheries Data
    Collections, Surveys, and Assessment in order to continue conducting
    the continuous plankton recorder survey that will enhance our
    understanding of the distribution and movement of Calanus finmarchicus,
    the primary prey of the NARW.
        john h. prescott marine mammal rescue assistance grant program:
                                  $15 million
        The Prescott Grant Program provides grants or cooperative
    agreements to eligible stranding network participants for the recovery
    and treatment of stranded marine mammals; the collection of data from
    living or dead stranded marine mammals; and for facility upgrades,
    operation costs, and staffing needs directly related to the recovery
    and treatment of stranded marine mammals and the collection of data
    from living or dead stranded marine mammals. In FY22, the Committee
    provided $5 million for this important program. This year IFAW is
    requesting a significant increase to $15 million.
        The National Marine Mammal Health and Stranding Network provides
    critical services that allow NOAA to fulfil its duties under the Marine
    Mammal Protection Act (MMPA). Under the MMPA, the Secretary is
    responsible for the establishment of the Marine Mammal Health and
    Stranding Response Program (MMHSRP), composed of marine mammal experts
    including stranding response programs, scientists, and veterinarians
    who are charged with data collection on the health of marine mammals,
    observed trends of wild populations, and effective responses to unusual
    mortality events (UMEs) to better inform the collective management and
    conservation of marine mammal species. Without the support and efforts
    of stranding organizations who are fundamental to the collection and
    reporting of this data, NOAA's understanding of marine mammal health
    trends would be fatality flawed, putting NOAA at risk of violation of
    the MMPA. In addition, responders provide a crucial service that
    supports public safety, a timely and humane response, and life-saving
    care for marine mammals--including a variety of cetaceans and pinnipeds
    and endangered and threatened species--along the whole of the United
    States coast.
        As threats to marine mammals are increasing, the financial
    constraints on the stranding network are also going up. It is estimated
    that for every entangled whale that is reported, another 10 are unseen.
    As a result of the COVID-19 pandemic, supply chain shortages and
    increased shipping costs are driving up prices in a realm that is
    already expensive. The provision of high-quality food and medication is
    key to the successful care and rehabilitation of all marine mammals in
    rehabilitation. Depending on the case, the testing necessary to reach a
    diagnosis for a patient can include radiology or advanced imaging (such
    as MRI or CT scans) in addition to the baseline diagnostics of complete
    blood counts, serum chemistry profiles, parasite screens, and
    microbiology. Members maintain fleets of rescue vehicles to safely
    transport patients, and a hospital in which to care for them. The
    hospitals include pens with enclosed pools through which water is
    circulated. That water is filtered through a sophisticated system of
    filters before being sanitized and returned to the patient pools. This
    is key to maintaining good health for the patients, and the approach is
    one that importantly considers the environment in that water is
    conserved by this recirculation process.
        Given the condition of our ocean and the threats to marine mammals
    currently, and in the future, reinforcing and appropriately building
    out the MMHSRP for timely, effective response in the interest of public
    service, animal welfare, disease surveillance, science and conservation
    will likely require a Federal investment of at least $30 million. For
    FY23, IFAW respectfully asks for a significant investment of $15
    million in the Prescott Grant Program toward that total figure.
                 unusual/large whale response funds: $1 million
        A recent increase in large whale strandings along the Northeastern
    coast of the US has led the Federal Government to declare three
    separate, concurrent UMEs for minke whales, humpback whales, and the
    endangered NARW, respectively to further assess these mortalities. The
    primary cause of the NARW UME is human interaction, including vessel
    strikes and entanglements, and a number of live entangled NARW have
    also been included in the event. As fishing ropes have gotten stronger,
    entanglements have become more severe and it is increasingly more
    difficult for whales to break or shed the gear themselves. The
    likelihood of entanglement has also increased as right whale habitat
    and fisheries increasingly overlap due to changing ecosystems and
    climate change. Entanglement can lead to reductions in feeding
    capability, swimming efficiency, nutritional status, and fecundity and,
    in many cases, results in death. In fact, between 2010 and 2018,
    entanglements caused 72% of known-cause right whale deaths.
    Furthermore, observed deaths due to entanglement alone have exceeded
    the potential biological removal (PBR) levels, for both right and
    humpback whales in the Northwest Atlantic for nearly two decades,
    meaning that these human impacts are simply unsustainable for this
    population and have been ongoing for far too long. With the NARW on the
    brink of extinction, it is critical that action be taken now to address
    entanglements or this species will be lost forever.
        Unfortunately, despite the importance of conducting thorough exams
    and necropsies on these critical cases and the technical expertise of
    stranding networks, effective large whale stranding response has become
    increasingly difficult. An increase in dead whale events, a lack of
    resources, including adequate staffing, necessary heavy equipment,
    appropriate carcass landing sites, and disposal options, as well as the
    expense associated with aerial surveys to locate carcasses, on-water
    towing, over-land hauling, heavy equipment hire, disposal and sample
    processing are critical limiting factors. While limited Federal funding
    is available for response to specific UME events, resources often are
    not sufficient to respond to every event sufficiently or for non-UME
    whale species.
        The cost of a single stranding event involving a large whale can be
    as much as $50,000 or more, making it difficult for responders to meet
    not only our country's legal conservation obligation to these large
    whales, but also a moral animal welfare obligation by expanding
    detection and mitigation of anthropogenic threats to these federally
    protected animals. IFAW therefore requests $1 million for FY23 to be
    directed specifically to unusual or large whale stranding responses.
                                   conclusion
        In closing, thank you for the opportunity to share IFAW's funding
    priorities to promote conservation in the FY2023 Commerce, Science,
    Justice and Related Agencies Appropriations Act. Our oceans and native
    marine species are more than our National heritage; they are essential
    aspects of the healthy ecosystems on which we all rely. We appreciate
    the continued leadership of this subcommittee on conservation efforts.
    With your support, we can reverse the tide of extinction, protect human
    health, and promote a better future for generations of wildlife lovers
    and Americans yet to come. Thank you.

        [This statement was submitted by Kate Wall, Senior Legislative
    Manager]
                                     ______

                Prepared Statement of Jamestown S'Klallam Tribe
        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 2023 for the Department of Justice and the Department of
    Commerce 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, the 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 Indian/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.  equire 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 FY 2022 request of the Pacific Salmon Commission)
        1.  Provide $110 million for the Pacific Coastal Salmon Recovery
    Fund (NOAA/NMFS)
        2.  Provide $43.5 million for the Pacific Salmon Treaty
        3.  Provide $26.5 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%)
    Tribal Set-Aside for Tribes
        4.  Victims of Crime Act Funding--Provide a five percent (5%) 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
    providing 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 strong 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 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 Resource 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)
        The Pacific Salmon Treaty provides the framework for international
    collaboration and cooperation to conserve and manage Pacific Salmon.
    The Pacific Salmon Commission (PSC) works together 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.
    3. $26.5 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% of American Indians/Alaska Natives (AI/AN) will
    be victims of intimate partner violence, stalking and/or sexual
    violence in their lifetime. Over 90% 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 FY2021 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% Tribal Set-Aside for
            all (OJP) Programs and Allow for Greater Flexibility
        Jamestown is advocating for a 10% 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%) 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% 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 has 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 Hon. W. Ron Allen, Tribal
    Chairman/CEO]
                                     ______

          Prepared Statement of the Joint Ocean Commission Initiative
        Chairman Shaheen, Ranking Member Moran, and other members of the
    subcommittee, we commend your long-standing support for key ocean
    accounts, and thank you for the opportunity to submit testimony
    regarding the Fiscal Year 2023 CJS appropriations bill.
        Our oceans hold some of our most viable solutions to address
    climate impacts. These impacts are already exacting an enormous and
    unacceptable toll on our economy and our communities. The agencies
    under your charge are required by law to respond to the domestic and
    global crisis in our oceans, which is inextricably linked to climate.
    We urge you to ensure that all have sufficient resources to take the
    necessary actions. 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 are encouraged by 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. However,
    we ask your committee to critically examine funding for these front-
    line agencies in FY 2023 to determine if additional resources are
    required to empower them to confront the unprecedented challenges posed
    by a rapidly changing climate, including more than a foot of sea level
    rise by 2050, as recently documented by NOAA.
        The Joint Ocean Commission Initiative (Joint Initiative) is a
    collaborative, bipartisan effort to catalyze action on meaningful ocean
    policy reform. We believe that providing the necessary funding for core
    programs at NOAA, NSF, and NASA is an essential 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 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 reduce carbon emissions by as much as 21 percent, and play
    an instrumental role in mitigating the climate crisis. For example,
    with adequate funding US agencies can exert global leadership to
    significantly reduce emissions from marine transportation and ports,
    which now account for nearly 3 percent of global GHG emissions.
        Likewise, your budget should provide funding to encourage action to
    advance offshore renewable energy to create new clean energy sources
    and invest in coastal communities. 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, especially Black,
    Indigenous people of color, and low-income environmental justice
    communities. Programs should be designed to create just and equitable
    policy solutions and empower these communities to take decisive action
    to restore and protect the places they live, work, and recreate.
        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. However, we strongly urge the Committee to consider
    strategic investments above this level in critical accounts such as
    ocean acidification, managing fish stocks, addressing the ocean/climate
    interface for wind power and shipping decarbonization, and empowering
    oceans and coasts to mitigate climate impacts.
                     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
    fully support enhanced capabilities for observation and monitoring by
    NOAA's Office of Oceanic and Atmospheric Research (OAR) and NOAA's
    Sustained Ocean Observations and Monitoring Program. We also suggest
    the committee continue its support for the Ocean Exploration program to
    maintain the pace, scope, and efficiency of exploration. It is also
    critical to fund climate research at OAR. This is essential to promote
    high-priority climate science that advances our understanding of
    Earth's climate system.
        Likewise, we support the FY 2023 proposed increase in NSF's overall
    budget to $10.5 billion, recognizing that developing sufficient
    capabilities to sustain ocean-based economies and protect our coasts
    and coastal communities from natural and man-made hazards will require
    a sustained investment in the geosciences, essential to economic
    development and the safety and security of our citizens. 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.
        We are highly supportive of the proposed increase in NASA's Earth
    science funding for climate and weather monitoring and measurement. The
    recommended $2.4 billion for Earth-observing satellites and related
    research will enhance NASA's ability 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. Given Sea
    Grant's critical importance, we urge this committee to strongly support
    Sea Grant in FY 2023, including funding for marine aquaculture
    education and extension programming.
        NOAA's environmental education and ocean stewardship programs
    increase essential access to STEM education and cultivate environmental
    stewardship. We request that the committee continue its support for
    Bay-Watershed Education and Training (B-WET) programs and 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
    funding over historical levels the National Ocean and Coastal Security
    Fund (NOCSF) in FY 2023. We further recommend continued support for
    regional data portals used to support critical ocean partnerships that
    encourage collaboration and data sharing on the regional scale. In
    addition, we recommend continued support of Coastal Management Grants
    and the National Estuarine Research Reserve System, which preserve
    millions of acres of coastal habitat, buffering against rising seas and
    storm events.
        NOAA's National Ocean Service (NOS) is a front-line agency for
    sustained resilience and security. We strongly recommend that NOS be
    adequately funded commensurate with its sobering responsibilities. 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 you strongly support IOOS 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 continued congressional support to protect and
    steward special marine spaces, especially in the face of climate
    change, and develop the next generation of ocean stewards.
                              ocean acidification
        Ocean acidification is evident along every shoreline and is
    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 increase funding for NOAA's Integrated Ocean Acidification
    program to support critical research, monitoring, education, and
    outreach. The potential devastating impact from ocean acidification
    requires an unequivocal response to prevent catastrophe.
                      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. We
    are encouraged by NOAAs strong support for sustainable, environmentally
    sound aquaculture.
        However, America's seafood industry is currently being challenged
    by changing ocean conditions, shifts in historic stock distributions,
    and increasingly complex data requirements. NOAA Fisheries requires
    elevated funding to address these challenges. We thank you for
    responding to our testimony from year's past and many other
    organizations, increasing funding for the NOAA Fisheries to over $1
    billion. We ask you to continue this trend in fiscal Year 2023, to
    fully implement the Magnuson-Stevens Fishery Conservation and
    Management Act. 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, and provide a low-carbon
    source of protein for the planet's projected 10 billion people. 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 2023 budget request.
    We will continue to track progress on key ocean and coastal programs
    and accounts in fiscal Year 2023 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 Leadership Council Members
                 The Honorable Christine Todd Whitman, Co-Chair
    Maite Arce | 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 | Queen Quet |Randy Repass | Larry Robinson | Andrew
    Rosenberg Paul Sandifer

        [This statement was submitted by Christine Todd Whitman and Leon
    Panetta]
                                     ______

      Prepared Statement of the Learning and Education Academic Research
                                Network (LEARN)
        We are writing on behalf of the Learning and Education Academic
    Research Network (LEARN) Coalition to express our support for increased
    funding for several key STEM related research programs that your
    subcommittee will debate as part of the Fiscal Year (FY) 2023
    appropriations process. LEARN, a coalition of 41 leading research
    colleges of education across the country, supports critical investments
    in research aimed at advancing the scientific understanding of learning
    and development. We advocate for greater funding for these priorities
    across all Federal agencies, including the National Science Foundation
    (NSF). Specifically, LEARN is requesting $11 billion be allocated to
    NSF overall, and for Congress to match the President's FY2023 budget
    proposal by providing $1.37 billion towards the Directorate for
    Education and Human Resources (EHR), which the Administration's FY2023
    budget request be renamed the Directorate for STEM Education (EDU), and
    robust funding for the new Directorate for Technology, Innovation and
    Partnerships (TIP). While advocating for these increased resources for
    FY2023, we want to express our appreciation for the increases for NSF
    provided in FY2022.
        While we are grateful for the funding NSF was appropriated in
    FY2022, we respectfully recognize that increased funding is required to
    address the effects of historical underinvestment in fundamental
    research in the United States as well as to support COVID-19 recovery.
    According to the National Science Board, more than $3 billion in high-
    quality proposals are submitted each year that cannot be funded with
    current appropriations. The potential impact of these missed
    opportunities is even starker when considering the return on investment
    of fundamental scientific research and the significant investments that
    other nations -both allies and adversaries-are making in comparable
    research areas.
        In addition to our call for a $11 billion funding level for NSF,
    LEARN supports funding for NSF's EDU directorate at $1.37 billion in
    FY2023. EDU works to prepare the next generation of STEM professionals
    by conducting rigorous research and evaluation of STEM education. Over
    the past 20 years, the share of U.S. research and development funded by
    the Federal Government has declined; this decline has
    disproportionately impacted the higher education sector reducing
    resources to the sector that drives the most innovation in this area.
    Stagnation in these key U.S. talent development programs come as our
    National security leaders are sounding alarm bells over foreign talent
    recruitment programs which are effectively siphoning STEM capacity from
    the United States and elsewhere to countries that are strongly
    investing while we remain complacent. As Congress considers making a
    large investment in STEM education through the America Creating
    Opportunities to Meaningfully Promote Excellence in Technology,
    Education, and Science (COMPETES)/United States Innovation and
    Competition (USICA) Act, we urge you to first invest in EDU which has
    been successfully supporting STEM education research and dissemination
    to ensure the creation of an adept and diverse STEM workforce.
        Finally, LEARN members are invigorated by the Administrations new
    call for funding for the TIP directorate. As noted in the President's
    FY2023 budget, a portion of TIP's mission is to ``cultivate new
    education pathways leading to a diverse and skilled future technical
    workforce comprising researchers, practitioners, technicians and
    entrepreneurs.'' The newly proposed funding for TIP would allow for
    work across the public and private sector to provide practical
    experiences to learners and encourage strategic cross-sector
    partnerships. By targeting a range of educational institutions from
    community colleges and vocational schools to graduate schools, adequate
    funding for TIP would ensure that the Nation's STEM workforce is as
    diverse as it is strong. As a nascent directorate, we urge Congress to
    provide TIP with robust funding so it can accomplish its innovative
    goals.
        The LEARN Coalition believes strongly that collectively these key
    investments will advance scientific learning and development to ensure
    a globally competitive, STEM-educated workforce in the long run. Thank
    you for considering these requests and please contact us if we can be
    of any assistance.

    Sincerely,
    Camilla P. Benbow, EdD
    Co-Chair, Learning and Education Academic Research Network (LEARN)

    Patricia and Rodes Hart
    Dean of Education and Human Development of the Peabody College of
    Education and Human Development, Vanderbilt University

    Rick Ginsberg, PhD
    Co-Chair, Learning and Education Academic Research Network (LEARN)
    Dean of the School of Education, University of Kansas

    Glenn E. Good, PhD
    Co-Chair, Learning and Education Academic Research Network (LEARN)
    Dean of the College of Education, University of Florida
                                     ______

                  Prepared Statement of Monterey Bay Aquarium
        The Monterey Bay Aquarium is pleased to submit this statement in
    support of President Biden's $6.9 billion budget for the National
    Oceanic and Atmospheric Administration (NOAA) within the FY 2023
    Commerce-Justice-Science Appropriations Act. The following testimony
    outlines several specific requests within NOAA that support vital
    research, education and grant programs that are needed in California,
    the West Coast and nationwide.
        The mission of the Aquarium is to inspire conservation of the
    ocean. In a typical year, we welcome 2 million visitors annually,
    provide more than 91,000 students and 5,000 teachers with award-winning
    education programs at no cost, and continue to produce valuable data,
    tools and approaches at local to global scales through our conservation
    and science programs.
        NOAA is a crucial leader and frequent partner in our mission-driven
    work. As the Nation's lead science agency for oceanic and atmospheric
    matters, NOAA provides important tools and services that are necessary
    to supporting safe communities across the United States and creating a
    sustainable future for all. NOAA's research, environmental observations
    and predictions, marine resource conservation and management and
    education programs and services shape the way we live today and guide
    decision-making about how to maintain the health and function of
    coupled ocean and climate system.
        The Aquarium strongly supports the President's budget request of
    $6.9 billion dollars for FY23 and encourages the subcommittee to
    continue its balanced and strategic investment strategy for NOAA.
    Significant congressional investment in NOAA is needed to ensure that
    the Nation's ocean agency can continue to provide vital science and
    management services into the future and act for the health and safety
    of our citizens and rich natural resources. The Aquarium urges the
    subcommittee to support priority requests for research, education,
    management, and grants in FY23 that are particularly important for
    California and West Coast communities.
        Pacific Highly Migratory Species.--Pelagic and highly migratory
    fisheries 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 along the West Coast.
    These highly migratory species (HMS) include valuable tunas (albacore,
    bluefin), swordfish, marlin, and pelagic sharks that are managed
    through international agreements and rely on scientific contributions
    from all nations.
        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
    critical and timely management questions that directly impact U.S.
    stakeholders and the health of the Pacific Ocean ecosystem. In the
    Atlantic, NOAA Fisheries (NMFS) currently has dedicated Federal
    research programs for HMS fisheries, notably the Atlantic Bluefin Tuna
    Research Program, as well as a recent HMS Research Program through Sea
    Grant. Priority HMS fisheries research questions remain unanswered in
    the Pacific region, but there are no dedicated Federal programs to
    address life history and other questions central to ensuring
    international management is sustainable.
        We are very grateful that Congress included Pacific HMS research
    grants alongside the existing Atlantic and Gulf of Mexico HMS research
    programs within the FY22 Senate Commerce Justice Science report.
    Additional funding should be provided to ensure that Pacific HMS
    research needs are addressed alongside the existing HMS priorities in
    the Atlantic and Gulf of Mexico.
        Request.--We urge the subcommittee to provide an additional $2
    million and report language to NOAA to support independent HMS research
    grants for the Pacific region to address key science in support of
    sustainable international management.
                    Corresponding Report Language Request:
                    Highly Migratory Species: Migratory Species (HMS)
                    Research Initiative for Atlantic, Pacific, and Gulf of
                    Mexico HMS. The Committee notes lack of funding for
                    Pacific HMS independent research that supports
                    ecologically and economically important species such as
                    tuna, swordfish, marlin, and pelagic sharks. Within
                    funding for the Sea Grant program, the Committee
                    provides $2,000,000 over FY22 for research grants to
                    non-federal entities to improve science-based
                    management of domestic and international HMS in the
                    Pacific region.

        Bycatch Reduction.--We recommend that the subcommittee include an
    increase of $2 million over FY22 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 was again funded at the same level in FY22.
    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.
        Seafood Import Monitoring Program.--We support an additional $5
    million for NMFS to implement the Seafood Import Monitoring Program
    (SIMP). Increasing funding for NMFS and specifically for SIMP
    implementation is essential for safeguarding the integrity of seafood
    imports in the U.S. and leveling the playing field for U.S. fishermen
    undercut by illegal, unreported, and unregulated seafood products in
    the market.
        Climate-Ready Fisheries.--The Aquarium supports advancing climate-
    ready fisheries management in the Fiscal Year 2023 Commerce, Justice,
    Science, and Related Agencies appropriations bill. This should include
    full funding for NOAA's Climate, Ecosystems, and Fisheries Initiative
    and enhanced support for fisheries surveys. We specifically request the
    following investments to support climate-ready fisheries:
      1.  National Marine Fisheries Service, Fisheries and Ecosystem
            Science Programs and Services: $180 million, of which $10
            million is dedicated to Climate-Informed Fisheries Assessment
            and Management Strategies for Changing Oceans;
      2.  National Marine Fisheries Service, Fisheries Data Collections,
            Surveys, and Assessments: $212 million; and
      3.  Oceanic and Atmospheric Research, Climate Competitive Research:
            $91.5 million, of which $10 million is dedicated to Marine
            Ecosystem Responses to Climate Change.

        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.
        NOAA Education.--The Aquarium is a long-time partner of NOAA's
    Education programs. We also share NOAA Education's commitment 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, qualified candidates for
    the future workforce. We are proud to work with the EPP centers and
    urge the subcommittee to provide additional funding 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.
        National Marine Sanctuaries.--The Aquarium collaborates with the
    Monterey Bay National Marine Sanctuary (MBNMS) program to provide
    public education and research connected to the MBNMS and in support of
    its living marine resources. We also support the designation of the
    Chumash Heritage National Marine Sanctuary, also in California's
    waters. We recognize the constraints on this important program and
    support an increase in appropriations for the NOAA Sanctuaries program,
    including $87 million for Sanctuaries and Marine Protected Areas within
    NOAA's Operations, Research, and Facilities (ORF) account.
        Marine Debris Program.--According to the 2021 National Academies of
    Sciences, Engineering, and Medicine (NASEM) report undertaken as
    directed by the Save Our Seas 2.0 Act enacted in 2020, ocean plastic
    pollution continues to increase, as does the United States' role as a
    major contributor in this global plastic crisis. The Aquarium urges the
    subcommittee to provide $15 million for the Marine Debris Program (MDP)
    to provide frontline services, funding, and science to meet the demands
    of plastic pollution challenges along our coastline. Additional funding
    above $15 million is necessary in order to meet two recommendations
    generated by the NASEM report: (1) for the MDP Marine Debris Monitoring
    and Assessment Project to conduct scientifically designed national
    marine debris shoreline surveys every 5 years using standardized
    protocols; and (2) for MDP to contribute to a Federal research and
    policy strategy focused on identifying, implementing, and assessing
    equitable and effective interventions across the entire plastic life
    cycle to reduce the U.S. contribution of plastic waste to the
    environment.
        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 Association of Latino Elected and
                  Appointed Officials (NALEO) Educational Fund
    Chair Shaheen, Ranking Member Moran, and Members of the subcommittee:

        On behalf of the National Association of Latino Elected and
    Appointed Officials (NALEO) Educational Fund, thank you for the
    opportunity to submit testimony on the U.S. Census Bureau's budget for
    fiscal year 2023. As you consider appropriations for fiscal Year 2023,
    NALEO Educational Fund urges this subcommittee to provide $2 billion in
    funding for the U.S. Census Bureau, which represents a $495 million
    increase over the President's budget request and $646 million over the
    agency's fiscal Year 2022 enacted level. We believe that the $2 billion
    funding level is necessary to support the Bureau's efforts to address
    and ameliorate the significant undercount of our Nation's Latino
    population and other population groups in the 2020 Census. In addition,
    we believe there needs to be more robust investment to enhance the
    accuracy of other Bureau data products. Finally, a higher level of
    funding would help the Bureau continue to assess and start to make the
    fundamental changes needed to modernize the census and count all of our
    Nation's residents fairly and accurately.
        NALEO Educational Fund is the Nation's leading nonprofit
    organization that facilitates the full participation of Latinos in the
    American political process, from citizenship to public service. Our
    Board members and constituency encompass the Nation's more than 7,000
    Latino elected and appointed officials, and include Republicans,
    Democrats, and Independents. Since the 1990 Census, our organization
    has conducted outreach campaigns to promote the full and accurate count
    of the Latino community. In addition, NALEO Educational Fund is a
    leading expert on Census policy development, with a long record of
    service on the Bureau's National Advisory Committees. The organization
    serves as co-chair of the Leadership Conference on Civil and Human
    Rights' Census Task Force, a Steering Committee member of the Census
    Counts Campaign, and the co-chair of the National Hispanic Leadership
    Agenda's Census Task Force.
              addressing and ameliorating the severe undercount of
                             latinos in census 2020
        In March, the Census Bureau released its initial findings from its
    Post-Enumeration Survey (PES), which revealed a massive 4.99 percent
    national undercount of Latinos in Census 2020, which is more than
    triple the percentage of Latinos undercounted in Census 2010. The PES
    also revealed a 2.79 percent undercount of very young children (ages 0-
    4); a 3.30 percent undercount for Blacks; and a 5.64 percent for
    American Indians or Alaska Natives living on reservations. The
    undercount of very young children, which increased more than threefold
    from 2010, is very salient for the Latino population and the Nation as
    a whole. First, the 2020 Census shows that slightly more than one in
    four children under 18-years-old is Latino (25.7 percent). In addition,
    2016 research spearheaded by demographer Dr. William O'Hare found that
    the net undercount rate in 2010 for very young Latino children (ages 0-
    4) was 7.1 percent, compared to 4.3 percent for non-Latinos--with
    Census 2010 missing nearly 400,000 very young Latino children. While
    more research is needed to determine the undercount of very young
    Latino children in Census 2020, the initial PES findings raise serious
    concerns about the size and scope of this undercount.
        The historic undercount of Latinos and other population groups has
    serious implications for the full range of programs, activities, and
    decisions for which census data are used. These data guide the
    distribution of more than $1.5 trillion in annual Federal funding to
    States and localities, and flawed data will lead to a potential
    misallocation of resources that could have a detrimental effect on our
    schools, healthcare systems, infrastructure, and programs essential for
    the future prosperity and well-being of Latino families and all of our
    Nation's residents. The undercount of Latinos and other people of color
    could also dramatically erode the ability of government agencies to
    monitor and enforce civil rights protections. As a result, our Nation
    could see existing ethnic and socio-economic inequities in areas such
    as employment, education, housing, and health care grow far worse.
        The undercount of Latinos and other people of color could also lead
    to a vast number of unsound decisions being made in the public and
    private sector. Furthermore, data from Census 2020 have already been
    used to apportion the U.S. House of Representatives and for
    redistricting, despite the fact that such data do not reflect the
    actual growth of the Latino population. Without a thorough
    understanding of the factors which contributed to the Census 2020
    undercount, we cannot take the action needed to improve the accuracy of
    the Census 2030 data which will be used for apportionment and
    redistricting at the start of the next decade.
        Our funding request for fiscal year 2023 would help support the
    Bureau's efforts to continue to conduct a comprehensive analysis of the
    effect of the undercount on the Latino community and the implications
    of the undercount for all of the activities for which census data are
    used. This would include the Bureau's continued work to examine options
    to ameliorate the undercount.
        Additionally, in May, the Bureau released PES estimates for the
    undercount of the total population in each State and the District of
    Columbia. These estimates indicated statistically significant
    undercounts in six States (Arkansas, Florida, Illinois, Mississippi,
    Tennessee and Texas), but did not include demographic characteristics
    such as age, race and Hispanic origin. In addition, the estimates were
    not available for geographies below the state level. Moreover, the PES
    state estimates are net figures derived in part from both the 2020
    Census omissions and persons overcounted in the enumeration. Thus, the
    persons overcounted in the state may mask the impact of the persons
    missed in the enumeration and other significant problems with the
    overall accuracy of state census data.
        Based on our work with and research on historically undercounted
    communities, we believe it is likely that Census 2020's accuracy varied
    in different regions of the States. For example, areas with large
    concentrations of Latinos, Black residents, and young children are
    likely to have had the highest undercounts, while places with large
    concentrations of non-Hispanic whites and wealthy residents likely had
    overcounts. However, without specific Latino undercount data and data
    on other population groups throughout each State, we cannot determine
    precisely where and to what extent these population groups were missed.
        We understand the Census Bureau's position that the PES sample size
    is not adequate enough to produce data that meet the Bureau's standards
    for every demographic group in each State or many localities in the
    Nation. Thus, our funding request would support much-needed Bureau
    efforts to research and make available data from other sources that
    could help illuminate the accuracy of Census 2020 data for various
    demographic groups and localities. Finally, our funding request would
    also enhance the Bureau's ability to engage stakeholders in its efforts
    to evaluate the implications of the National undercounts and the state
    PES estimates for different population groups, examine options to
    mitigate the effect of the undercounts on funding formulas and the fair
    allocation of resources, and plan for Census 2030.
      strengthening population estimates and the american community survey
        The Bureau's Population Estimates play a critical role in
    determining the allocation of Federal funding, and the next annual
    series of Population Estimates is the basis for all subsequent annual
    estimates for the next decade. The Bureau will use Census 2020 data in
    its determination of the next annual series of Population Estimates and
    given the severe undercount of Latinos and other population groups, the
    agency needs resources to strengthen the accuracy of the next annual
    series. This funding would also support expanded and enhanced
    opportunities for cities, counties, towns, Tribal governments, and
    other localities to help ensure the accuracy of their annual estimates,
    through the Population Estimates Challenge Program and other
    activities. This will help ensure that trillions of Federal funds over
    the decade can reach the communities needing them the most.
        In addition, we believe that the American Community Survey (ACS) is
    in dire need of additional resources to implement several critical
    enhancements to the survey. The ACS provides updated data on a wide
    range of demographic and housing characteristics that are crucial for
    sound public and private decision-making which affects all aspects of
    the lives of Latinos, including income, employment status, educational
    attainment, language proficiency, and nativity. Additional funding
    would help with such enhancements as increasing the ACS' sample size,
    improving its non-response follow up operations, addressing steadily
    declining response rates, revising content, and making other
    methodological and operational improvements.
                             modernizing the census
        The massive net national undercount of our Nation's Latino
    population and other people of color in the 2020 Census demonstrates
    the need for the Census Bureau to make fundamental changes to how it
    counts the U.S. population. It can no longer simply rely on the
    traditional methods of mailing forms out to households and encouraging
    the public to respond. Thus, our funding request also aims at providing
    the Census Bureau resources for the purpose of informing its planning
    for future census data collection programs and surveys. Modernizing the
    census will involve research, evaluation and testing of a broad range
    of initiatives and approaches, including modernizing the Bureau's
    information technology infrastructure, and assessing the use of machine
    learning and Big Data methodology.
        In addition, as part of its modernization activities, the Bureau
    intends to examine the expanded use of administrative records for
    various purposes. However, these records have serious limitations with
    respect to the accuracy and completeness of information on Latinos and
    other people of color, young children, low-income residents, and other
    underrepresented populations. Thus, the Bureau needs resources to
    continue to assess the appropriate use of administrative records for
    its data compilation and analysis activities.
        Finally, the Bureau's efforts to modernize the census could result
    in approaches that would enable the agency to achieve cost-savings for
    its Census 2030 operations. However, the agency must start several
    years before Census 2030 to thoroughly test and evaluate these
    approaches if they are to be used in a sound and effective manner.
    Thus, more robust funding for the Bureau in FY 2023 is an investment
    which would lead to more efficient and cost-effective operations in the
    next enumeration.
                                   conclusion
        Census data are the basis of our representative democracy, and our
    Nation's well-being and prosperity depend in part on the accuracy of
    the data collected by the Census Bureau. These data guide a wide range
    of decisions made in the public and private sectors that affect the
    lives of all Americans. Latinos are the Nation's second-largest
    population group, and the Bureau cannot produce accurate data on all of
    our country's residents without accurate data on Latinos. However, as
    the PES undercount estimates indicate, the Bureau faced significant
    challenges in accurately enumerating Latinos and other population
    groups, and these challenges have important implications for other
    Census activities and products. In addition, evolving demographic,
    economic, technological and statistical trends require the Bureau to
    continue its work to modernize the census. We believe that the $2
    billion level of funding we are requesting for fiscal Year 2023 will
    help the Bureau carry out a more robust range of activities to make
    progress in providing the most accurate data possible for our Nation.
    We appreciate this subcommittee's attention to these important matters
    and look forward to working with you and other Members of Congress to
    achieve this important goal.

        [This statement was submitted by Arturo Vargas, Chief Executive
    Officer]
                                     ______

        Prepared Statement of the National Congress of American Indians
        On behalf of the National Congress of American Indians (NCAI), this
    testimony addresses important programs in the U.S. Department of
    Justice (DOJ), U.S. Department of Commerce (DOC), and the National
    Science Foundation (NSF). As the most representative organization of
    American Indian and Alaska Native (AI/AN) Tribal Nations, NCAI serves
    the broad interests of Tribal governments across the United States. As
    Congress considers the FY 2023 budget and beyond, leaders of Tribal
    Nations call on decision-makers to ensure that the promises made to
    Indian Country are honored in the Federal budget.
                             department of justice
        The public safety problems that continue to plague Tribal
    communities are the result of decades of gross underfunding for Tribal
    criminal justice systems, a uniquely complex jurisdictional scheme, and
    the historic, abject failure by the Federal Government to fulfill its
    public safety obligations on AI/AN lands. Crime rates in Tribal
    communities are among the highest in the Nation, and AI/ANs experience
    rates of violent crime that are 2.5 times the National average. The
    2022 reauthorization of the Violence Against Women Act reaffirms the
    jurisdiction of all Tribal Nations to prosecute certain crimes.
    Congress must now appropriate and streamline public safety funds to
    ensure that Tribal Nations can implement their jurisdiction and
    increase safety in Tribal communities.
        Include Tribal governments in disbursements from the Crime Victims
    Fund (CVF)--a mandatory account. The CVF is the Federal Government's
    primary funding source for providing services to victims of crime, and
    we express our sincere gratitude to appropriators for providing direct
    funding to Tribal governments from the CVF for the past 5 years. For
    this funding to fully achieve its purpose, Tribal Nations need the
    disbursements from the CVF to be recurring in order to ensure long term
    program stability for victims. We urge this subcommittee to direct an
    amount equal to 5 percent of overall CVF disbursements to Tribal
    Nations again this year.
        Create a streamlined Tribal allocation across Office of Justice
    Programs (OJP) programs. For several years, both this subcommittee and
    its Senate counterpart have supported requests to streamline and
    consolidate OJP Tribal programs by allocating 7 percent from all
    discretionary OJP programs to address Indian Country public safety and
    Tribal justice needs. Despite the subcommittees' support, the request
    has never been enacted. One of the biggest shortcomings of DOJ Tribal
    funding is that it is administered as competitive funding that must fit
    with DOJ established priorities and guidelines. This requires Tribal
    Nations--on behalf of their Tribal justice systems--to compete against
    each other and develop projects that align with changing DOJ
    priorities. Often, Tribal Nations cannot count on funding continuing
    beyond the current grant period further limiting the ability to
    effectively address public safety in the long term. A streamlined OJP
    Tribal allocation would significantly improve 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,
    this type of Tribal allocation would give Tribal Nations the
    flexibility to develop a detailed strategic plan on how best to spend
    those resources. We urge the subcommittees to continue to support this
    request and work with the appropriate authorizing committees to include
    it.
        Increase funding for Tribal law enforcement programs under DOJ's
    Community Oriented Policing Services (COPS) grants to $52 million.
    Since the creation of the COPS Office, more than 2,000 grants totaling
    over $400 million have been awarded to Tribal Nations to hire more than
    1,700 new or redeployed law enforcement officers. COPS grants have also
    helped Tribal Nations to obtain necessary law enforcement training,
    equipment, vehicles, and technology. Yet, there is still a tremendous
    unmet need within Tribal justice systems for more COPS funding. The
    COPS Office has acknowledged that due to limited resources, it has not
    been able to adequately fund Tribal justice systems particularly in the
    area of hiring and retaining Tribal law enforcement officers. In a
    report released in December 2010, the COPS Office described its
    practice of intermittent funding as ``problematic,'' especially ``when
    referring to hiring of officers.\1\'' Indian Country urges Congress to
    significantly increase funding for Tribal law enforcement programs
    under the COPS program.
    ---------------------------------------------------------------------------
        \1\ U.S. Department of Justice, COPS Office report to Congress as
    required by Tribal Law and Order Act of 2010, available at: https://
    www.justice.gov/sites/default/files/tribal/legacy/2014/02/06/cops-
    congress-report.pdf, Accessed: May 13, 2022.
    ---------------------------------------------------------------------------
        Fully fund the programs authorized in the Violence Against Women
    Act (VAWA), including the funds authorized for Tribal implementation of
    VAWA Special Tribal Criminal Jurisdiction. Over 85 percent of AI/AN
    women are estimated to experience violent victimization in their
    lifetimes. The DOJ 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. Fully funding
    these OVW programs results in full funding for the Grants to Tribal
    Governments Program.
        The Violence Against Women Reauthorization Act of 2022 (VAWA 2022)
    recognized and affirmed the inherent sovereign authority of all Tribal
    Nations to exercise Special Tribal Criminal Jurisdiction (STCJ) over
    all persons--Indian and non-Indian--who commit certain crimes within
    Indian country and designated lands. VAWA 2022 included a new STCJ
    pilot program for Alaska Native Villages and increased authorization
    levels to support Tribal public safety in Alaska and in the lower 48.
    The law authorizes $25 million a year for 5 years for Tribal Nations to
    implement the STCJ, receive reimbursements for certain costs, and
    strengthen Tribal justice systems. We urge this subcommittee to
    appropriate the full amount authorized for VAWA 2022 implementation
    purposes so that more Tribal communities are able to take advantage of
    this lifesaving law.
                             department of commerce
        Beginning in February 2022, the Bureau of Labor Statistics
    published monthly data on AI/AN employment, using data that was
    previously available through the U.S. Census Bureau's Current
    Population Survey. The newly published data reveals a labor market that
    would be considered catastrophic if it were representative of the full
    U.S. economy-Indian Country has an unemployment rate more than double
    national rate.\2\ The data further highlights that Indian Country is
    still recovering from the effects of the pandemic, with unemployment
    rates reaching 28.6% during the peak of the pandemic fallout--an amount
    comparable to the National unemployment rate during the Great
    Depression.\3\ As of January 2022, the unemployment rate for Native
    Americans was still greater than the peak unemployment rate for white
    workers during the pandemic.\4\
    ---------------------------------------------------------------------------
        \2\ Robert Maxim, Randall Akee, and Gabriel R. Sanchez, For the
    first time, the government published monthly unemployment data on
    Native Americans, and the picture is stark, available at: https://
    www.brookings.edu/articles/despite-an-optimistic-jobs-report-new-data-
    shows-native-american-unemployment-remains-staggeringly-high/
    #::text=Prior%20to%20the%20pandemic
    %2C%20Native,unemployment%20during%20the%20Great%20Depression,
    Accessed: May 4, 2022.
        \3\ Id.
        \4\ Id.
    ---------------------------------------------------------------------------
        Even when controlling for a host of factors, the Brookings
    Institute posits that structural racism in the U.S. economy affects AI/
    AN access to education and attainment as well as employment
    opportunities.\5\ As traditionally place-based peoples with strong
    cultural and historical ties to the land, AI/ANs do not tend to move
    away regardless of economic situations. This means that the structural
    impediments to economic growth are focused and exacerbated on Tribal
    lands, underscoring the importance of Federal investment through
    regular Federal appropriations. Unfortunately, cross-referencing Office
    of Management and Budget data with Appropriations Committee reports
    reveals that regular appropriations for the benefit of Native Americans
    represents approximately 0.19% of total regular appropriations budget
    authority in the fiscal Year 2022 Omnibus. With Federal investment
    metrics such as these, it is no surprise that Indian Country is in a
    State of catastrophe by national standards. These broken promises of
    the United States dampen local, regional, and national U.S. economic
    productivity and negatively impact the safety and wellbeing of
    Americans--Native and non-Native alike.
    ---------------------------------------------------------------------------
        \5\ Id.
    ---------------------------------------------------------------------------
        The U.S. Department of Commerce administers programs that could
    greatly benefit Indian Country, for example, the National
    Telecommunications and Information Administration (NTIA), International
    Trade Administration, Economic Development Administration, Minority
    Business Development Agency (MBDA), Census Bureau, and the National
    Oceanic and Atmospheric Administration (NOAA). However, the funding for
    these programs benefiting Native Americans must increase from the
    trickle of past years to a more robust distribution for broadband
    deployment, economic and business development assistance, trade and
    tourism promotion, fisheries programs, and Tribal government data
    collection and analysis capacity.
        This subcommittee can correct this investment deficiency by
    providing: at least $1 billion to NTIA's Tribal Broadband Connectivity
    Grant Program to reduce the backlog of at least $5 billion of
    identified, unfunded broadband projects; $70 million to continue
    supporting MBDA Business Specialty Centers, and set aside at least $5
    million in grants for Native American business and procurement
    assistance; $5 million for the Office of Native American Business
    Development (ONABD) to coordinate within Commerce and with other
    Federal agencies to promote and support Native American business
    development, trade, and tourism; at least $110 million for the Pacific
    Coastal Salmon Recovery Fund; $25.9 million for NOAA Mitchell Act
    Hatchery Programs; and at least $100 million for Census Bureau grants
    to Tribal Nations to improve internal government data capacity.
                          national science foundation
        NSF has dedicated funding for Tribal Colleges and Universities
    (TCUs) and other research activities related to arctic social sciences
    to promote high-quality science and educational opportunities in social
    and behavioral sciences, natural sciences, computer sciences, as well
    as supporting science, technology, engineering and mathematics (STEM)
    and STEM education, research, and outreach. As traditionally place-
    based peoples with strong cultural and historical ties to the land,
    investments in TCUs promote economic growth, education, career
    training, social wellbeing, and cultural preservation directly within
    Native communities. Similar to many Federal investments through the
    regular appropriations process, cross-referencing Office of Management
    and Budget data with Appropriations Committee reports reveals that
    regular appropriations for NSF for the benefit of Native Americans
    represents approximately 0.27% of total regular appropriations budget
    authority in the FY 2022 Omnibus.
        This subcommittee must increase its investment into Native Higher
    Education by providing $100 million for the Tribal Colleges and
    Universities Program, which includes funding for Alaska Native-Serving
    institutions and Native Hawaiian-serving institutions, and $10 million
    for the Arctic Social Sciences Program to support research on social
    and cultural systems of the Arctic, present and past.
                                   conclusion
        Tribal Nations are uniquely reliant on the Federal Government to
    fulfill its promises made in exchange for the land that created the
    foundation of the bounty and wealth of the United States. Our people
    have paid for every penny obligated to Indian Country hundreds of times
    over by providing this Nation with our land. In order to uphold this
    Nation's promises to its people, it must first uphold its promises to
    this land's First Peoples. We expect to continue to be treated as
    sovereign nations with governmental parity. We must continue down that
    path of Nation-to-Nation growth, and only then will all of our people
    be able to fully flourish.
        For more information, please contact Kelbie Kennedy, Policy Manager
    and Policy Lead--National Security and Community Safety, at
    kkennedy@ncai.org; C.C. Wright, Policy Lead--Community Development &
    Infrastructure, at cwright@ncai.org; Julia Wakeford, Policy Lead--
    Social and Cultural Resources at jwakeford@NCAI.org; or Tyler Scribner,
    Policy Lead--Federal Revenue & Appropriations, tscribner@ncai.org.

        [This statement was submitted by Dante Desiderio, Chief Executive
    Officer]
                                     ______

    Prepared Statement of National Court Appointed Special Advocate (CASA)/
                Guardian ad Litem (GAL) Association for Children
        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) FY 2023 budget including funding of
    the Court Appointed Special Advocates (CASA) Program through the Office
    of Justice Programs' State and Local Law Enforcement Assistance
    Account.
        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 of $15 million, 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
    children who have suffered trauma after experiencing abuse or neglect
    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 250,000 child victims of
    abuse and neglect.
        Child victimization and maltreatment by primary caregivers remains
    all too prevalent in our country and the negative impacts on children,
    their families and society are significant. 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 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 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.
        FY 2023 funding of $15 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 250,000 child victims of abuse and
    neglect, and continue efforts toward the development of strong state
    CASA/GAL organizations in the States currently under resourced, that
    will enhance 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 was 656,000 in 2019. 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 court process and
    child welfare system that is overwhelmed, under resourced and
    challenging to navigate. 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 allocate $15 million 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 National Fish and Wildlife Foundation
    Chair Shaheen, Ranking Member Moran and Members of the subcommittee:

        Thank you for the opportunity to submit testimony regarding FY 2023
    funding that impacts the National Fish and Wildlife Foundation (NFWF).
    We respectfully request your approval of robust funding throughout the
    National Oceanic and Atmospheric Administration's (NOAA) budget,
    particularly for the National Ocean Service and National Marine
    Fisheries Service to allow for continued and expanding partnerships
    that deliver high quality ocean and coastal conservation.
        NFWF and NOAA have been strong partners since 1996 and the
    Foundation continues to administer programs with NOAA that address
    ongoing and emerging issues. We believe that NFWF is a sound investment
    because of our proven track record for leveraging Federal funding with
    private contributions to maximize the impact Federal resources can
    achieve. We appreciate the subcommittee's past support and respectfully
    request continued funding for the following programs and partnerships.
                          national coastal resilience
        Resilient communities are better prepared to adapt to changing
    natural resource conditions, infrastructure threats and impacts to
    local economies. NFWF and NOAA working together through the National
    Coastal Resilience Fund (NCRF) provide communities with invaluable
    resources for restoring, enhancing, and strengthening natural
    infrastructure--the natural features that help reduce the impacts of
    coastal storms and floods--protecting communities while also enhancing
    habitats for fish and wildlife, addressing climate change, and
    sequestering carbon. NFWF also leads significant monitoring and
    evaluation efforts that measure the enhanced resilience of the restored
    coastal systems, including carbon sequestration. This helps improve our
    understanding of which activities are associated with the greatest and
    most cost-effective reductions in storm risk and storm damage.
        Through the NCRF in 2021, NFWF, NOAA, and other partners awarded
    $40.5 million in new grants that will support projects in 28 States and
    U.S. territories. The 49 grants announced will generate more than $58.3
    million in matching contributions for a total conservation impact of
    nearly $98.8 million. These investments will support the restoration or
    expansion of natural features such as coastal marshes and wetlands,
    dune and beach systems, oyster and coral reefs, coastal rivers, and
    barrier islands that minimize the impacts of storms, flooding and other
    coastal hazards. In addition to NOAA, 2021 partners included the
    Department of Defense, Environmental Protection Agency's Gulf of Mexico
    Office, TransRe, AT&T and Shell USA, Inc. These partners pooled
    resources to promote projects that advance innovative approaches to
    protect communities against regional threats resulting from climate
    change.
        The demand for this program's financial resources continues to
    significantly exceed the amount of annual funding available - in 2021,
    NFWF received 269 proposals seeking more than $178 million in funding,
    with only $41 million in available resources to meet this need. NFWF
    expects that demand will only increase as climate related risks
    increase and more communities develop capacity to utilize nature-based
    infrastructure to protect lives and infrastructure from these risks.
    The Foundation fully expects that even with additional funding provided
    from the Bipartisan Infrastructure Law (BIL) that demand will continue
    to greatly surpass available funding.
                 fisheries electronic monitoring and reporting
        Since 2010, NFWF has invested significantly in fisheries around the
    U.S. to catalyze projects that are modernizing the way vital fisheries
    data are collected, shared, and analyzed. High quality, timely and
    accurate fisheries information is critical to maintaining sustainable
    U.S. fisheries. Fishermen and seafood marketers are increasingly using
    information about their fishing activity to improve the efficiency and
    effectiveness of their operations and to satisfy their customer demands
    for legally and sustainably caught seafood.
        From 2015 to 2021, the Electronic Monitoring and Reporting (EMR)
    grant program has funded $25.1 million across 75 projects that
    modernize U.S. fisheries data collection and received $26.3 million in
    matching funds to leverage these investments. Innovation and technology
    have the potential to reduce the cost of fishery monitoring; increase
    the speed, reliability and transparency of fisheries data; and enable
    managers and fishermen to address management challenges more
    effectively. EMR isn't one size fits all. NFWF projects represent a
    cross section of the advancements being made around the U.S. in
    fisheries management.
                            coral reef conservation
        Since 2000, NFWF has partnered with NOAA, FWS, and USDA-NRCS to
    respond to the alarming decline in both the quantity and productivity
    of the Nation's coral reef ecosystems through multiple coral
    conservation initiatives that aim to improve management, increase
    public awareness, and reduce threats to coral reefs. NFWF works with
    local, State, territorial, Federal and regional partners to achieve its
    goals in coral conservation and bolsters multi-agency initiatives like
    the U.S. Coral Reef Task Force Watershed Partnership Initiative. The
    program supports reef resiliency by reducing local stressors from
    unsustainable harvest and land-based pollution. In 2020 the program
    added a new funding priority to build capacity for direct reef
    restoration efforts and launched a separate emergency funding
    solicitation to respond to events like Stoney Coral Tissue Loss Disease
    which can be time sensitive.
        Since the creation of NFWF's coral program in 2000, the program has
    awarded $22 million across 408 projects, leveraging more than $29
    million in conservation resources. Funds have assisted broad-scale
    coral reef management by establishing new techniques for assessing and
    monitoring reef health and new fishery management models. Site-specific
    initiatives have developed and implemented watershed management plans,
    reduced sediment erosion through stream bank stabilization, provided
    incentives or best management practices on agricultural lands, and
    supported capacity-building of management and conservation
    organizations to sustain conservation outcomes.
                           killer whale conservation
        NFWF partners with NOAA's Office of Protected Resources, SeaWorld
    Entertainment and BNSF Railway on the Killer Whale Research and
    Conservation Program to aid in the recovery of the Southern Resident
    killer whale population in the Pacific Northwest. The program
    prioritizes the highest impact activities called for in the recovery
    plan as more funding is sought to fund additional actions beyond
    traditional management and conservation measures.
        In the first 7 years, the program has awarded 46 grants totaling
    $5.3 million, drawing an additional $9.2 million in grantee match for a
    total conservation investment of more than $14.5 million. These awards
    have fostered collaborative efforts in the three priority action areas
    of recovery to increase prey availability through restoration of
    important salmon runs; improve water quality and reduce disturbance in
    critical habitat; and fill critical research gaps in health,
    demographics and stressors. All three strategies work to partner
    science with management action and restoration activities. NFWF has
    taken a comprehensive food-web approach to recovering this apex
    predator and works with state and transboundary managers to implement
    recovery actions. DoD is expected to join this program in 2022 to
    further advance the food-web approach.
                  papahanaumokuakea research and conservation
        NFWF's and NOAA's partnership on the Papahanaumokuakea Research and
    Conservation Fund provides coordinated and collaborative research and
    conservation in support of effectively managing the species and
    habitats in the Papahanaumokuakea Marine National Monument. One of the
    key challenges for NOAA and its partners managing this expansive area
    is its remote location. Past agency funding only allowed for a single
    voyage to the Marine Monument in the Pacific Ocean to address multiple
    needs and locations per year, making it difficult to do the in-depth
    studies managers need. NFWF and NOAA initiated a new model for
    investments to go deeper, learn more and further expand the existing
    program and research dollars that are currently invested to maximize
    the conservation impact.
        The partnership supports collaborative research and conservation
    actions to galvanize funding around a critical management theme. For
    example, prioritized research on the algae Chondria is helping managers
    explore mitigation of the recent unprecedented algae invasion while
    support of marine debris removal cruises works to remove the
    significant amounts of debris accumulating in the monument. Throughout
    all investments, the program seeks to maximize conservation impact,
    management capacity and cultural and outreach opportunities.
                                 marine debris
        NFWF and NOAA have several ways in which we are working together to
    combat the problem of Marine Debris. Starting over two decades ago,
    NFWF administered a Marine Debris Program to help NOAA's new program
    understand the scope of marine debris across the Nation by advancing
    science around sources, sinks and impacts to both habitats and
    wildlife. These early efforts transitioned into the Fishing for Energy
    program which prioritized removal and prevention of derelict fishing
    gear as one of the most destructive types of marine debris. This
    programmatic funding and disposal infrastructure has helped to expand
    and institutionalize marine debris removal and disposal efforts in
    several coastal States and port communities.
        Building off this extensive experience, in 2020 NOAA asked NFWF to
    assist in administering approximately $10 million in 2019 supplemental
    funding to remove damaging marine debris from coastal areas of
    communities impacted by hurricanes Florence and Michael, and Typhoon
    Yutu and reduce impacts to communities, industry and further harm to
    habitats and fish and wildlife populations. The Hurricane Response
    Marine Debris Removal Fund is a partnership between NFWF and the NOAA
    Marine Debris Program that awards grants to assess, remove and dispose
    of marine debris caused by severe storms. Grants are awarded based on
    the targeted debris' existing or potential impact to coastal
    communities and resources, and to prevent further harm to sensitive
    marine habitats and species listed under the Endangered Species Act.
    NOAA has again requested assistance with administration of the 2021
    supplemental funding which will award grants in 2022.
                                nfwf background
        NFWF was established by Congress in 1984 to catalyze private
    investments to conserve fish, wildlife and their habitats. In addition,
    every dollar directly appropriated to NFWF by Congress goes to on-the-
    ground conservation projects and NFWF charges no administrative costs.
    NFWF raises private funds not only to leverage Federal dollars, but
    also to support the associated management costs of implementing the
    Federal funds. Since Congress created the foundation in 1984, NFWF and
    its grantees have invested $7.4 billion in to more than 20,400 projects
    while partnering with 6,000+ organizations.
        NFWF remains fully transparent and is required by law to notify
    Congress 30 days in advance of every grant that exceeds $10,000 in
    Federal funds. Details of all projects awarded during FY 2021 can be
    found in NFWF's annual investment guide and all NFWF's grants can be
    found on our website: https://www.nfwf.org/grants/grants-libary.
        In FY 2021, NFWF was audited by an independent accounting firm, and
    they issued an unqualified report with no material weaknesses
    identified and no deficiencies identified. This is the THIRTEENTH
    consecutive year of unqualified audits. In addition, NFWF has
    continually qualified as a low-risk auditee under OMB guidelines.
        In FY 2021, through discretionary cooperative agreements, NFWF
    partnered with 15 Federal and State agencies or departments and more
    than 30 corporations and foundations to support implementation of
    Federal conservation priorities. These efforts focused on working
    landscapes, private lands, natural resource conservation, coastal
    resilience and community-based restoration.
        Chair Shaheen, Ranking Member Moran and members of the
    subcommittee, we appreciate your continued support and stand ready to
    answer any questions you or your staff might have.

        [This statement was submitted by Will Heaton Director, External
    Relations]
                                     ______

    Prepared Statement of National Legal Aid & Defender Association (NLADA)
        NLADA is America's oldest and largest national organization whose
    resources are exclusively dedicated to excellence in the delivery of
    legal services. Our comments concern the Legal Services Corporation
    (LSC) and U.S. Department of Justice (DOJ) programs.
                           legal services corporation
        Civil legal problems jeopardize the housing, income, physical
    safety and other basic human needs of millions of Americans every year.
    When people have access to legal help, these problems are often
    resolved positively, but people who are forced to face courts and
    complex legal processes alone are more likely to experience severe
    consequences that create deep unnecessary hardship for themselves and
    their families. The latter is unfortunately the reality for a large
    majority of low-income Americans, and the problem is growing. In 2017,
    LSC published data showing that low-income Americans received no help
    or inadequate help with 86 percent of their civil legal problems. This
    is because despite overwhelming evidence for both the effectiveness of
    civil legal aid, and the considerable social and economic return on
    investment that it produces,\1\ our country has failed in recent years
    to provide a level of resources for legal aid that is remotely
    commensurate with the level of need.
    ---------------------------------------------------------------------------
        \1\ Moore, L. and Phyper, M., Aug 2019, Return on Investment in
    Civil Justice Services and Programs; Selected Annotated Bibliography of
    Existing Research; Canadian Forum on Civil Justice; see pages p10-26.
    ---------------------------------------------------------------------------
        While we are grateful to Congress for providing modest increases in
    funding in recent years, this has not been sufficient to address the
    current resource shortfall, because prior funding losses were never
    rectified. Demonstratively, the appropriation level for FY2019 was the
    exact dollar amount as it was in FY1994. Therefore, simply as a result
    of inflation LSC is badly underfunded compared to its level almost
    three decades ago, and for much of that period it was considerably
    lower in real terms also. This historical understanding underpins the
    current crisis, but present conditions have deepened it considerably.
    In April, LSC released new data showing the extent to which this has
    occurred. Last year, low-income Americans received little or no legal
    help with 92 percent--more than nine in ten--of their civil legal
    problems.\2\
    ---------------------------------------------------------------------------
        \2\ Legal Services Corporation, Apr 2022, The Justice Gap: The
    Unmet Civil Legal Needs of Low-income Americans.
    ---------------------------------------------------------------------------
        This is not because people are simply uneducated about the
    availability of legal help, though this is true for many. Rather,
    people facing serious legal problems are seeking help but denied it
    because their local legal aid organization does not have the resources
    needed to assist: programs had to turn away 49 percent of eligible
    clients seeking help, and could not fully resolve 44 percent of the
    problems of the clients they could serve. Even prior to the release of
    LSC's new data, NLADA calculated LSC would need to provide $1.36
    billion for FY2023 in order to provide adequate service to every
    eligible person seeking help from one of its grantees. This was based
    in part on a projection of the level of need in FY2023, and in part on
    our understanding that it is not possible to avoid addressing the
    consequences of prior underfunding any longer.
        An elevated level of legal need and demand for services.--The
    severe disruption caused by the COVID-19 pandemic has subsided, but it
    has created lasting consequences for many of our country's poorest
    families and the overall financial situation of low-income Americans is
    becoming even more precarious. The Census Bureau Household Pulse survey
    data collected at the start of April found increases of more than 30
    percent in the number of households relying on credit or personal loans
    to make ends meet, with far higher rates experienced by people of
    color\3\. This limits the ability of families to resolve their problems
    before they reach the stage at which legal assistance becomes
    necessary.\4\ In particular, an eviction crisis that was blunted but
    not halted \5\ by Federal eviction moratoria and emergency rental
    assistance continues to create widespread unmet legal need. Household
    Pulse data from the same period suggests that around 28 percent of
    American households ``are not current on rent or mortgage where
    eviction or foreclosure in the next 2 months is either very likely or
    somewhat likely''.\6\ Eviction cases where tenants are represented are
    overwhelmingly likely to resolve with the eviction avoided, but the
    opposite is true when they are not,\7\ as is the case for 90 percent of
    tenants.\8\
    ---------------------------------------------------------------------------
        \3\ Pete Gannon, Apr 26, 2022, Warnings Appear in Household
    Finances, Axios.com.
        \4\ This intersects with the economic hardship caused by the expiry
    of the Federal child tax credit, which alone increased the number of
    children in poverty by almost 4 million. See: Parolin, Z., Collyer, S.,
    and Curran, M., Feb 17, 2022, Absence of Monthly Child Tax Credit Leads
    to 3.7 Million More Children in Poverty in January 2022, Columbia
    University Center on Poverty and Social Policy.
        \5\ Tenants were often refused the opportunity to renew their
    lease, which Federal moratoria did not protect against.
        \6\ Data taken from week 44 of the Household Pulse survey, at:
    https://www.census.gov/data- tools/demo/hhp/#/?measures=EVICTFOR.
        \7\ For a review of recent studies finding this, see pages 50-53
    in: The Economic Impact of an Eviction Right to Counsel in Baltimore
    City; Prepared for The Public Justice Center, May 8, 2020, Stout Risius
    Ross.
        \8\ Desmond, M., Mar 2015, Unaffordable America: Poverty, housing,
    and eviction, Fast Focus, Volume 22, Institute for Research on Poverty,
    University of Madison-Wisconsin, p.5.
    ---------------------------------------------------------------------------
        Addressing the consequences of underfunding. The insufficiency of
    resources provided for civil legal aid has forced many providers to
    ``triage'' clients, prioritizing the most urgent cases at the expense
    of other worthy seekers of assistance. It has also come at the expense
    of investing in other organizational needs that are nonetheless
    required to provide adequate services. Most notably, compensation for
    attorneys and other important staff at legal aid organizations is
    currently not sufficient to recruit and retain the workforce they need.
    The median starting salary for a legal services attorney in 2021 was
    less than $55,000.\9\ Combined with the high student debt burden
    required for a law degree, it is unaffordable for many to accept these
    positions or remain over the long-term. Also affected by resource
    limitations is the ability of organizations to educate their
    communities about available services, contributing to the fact that 53
    percent of people did not feel confident they could find a lawyer they
    could afford to help with their legal problem.\10\
    ---------------------------------------------------------------------------
        \9\ National Association for Law Placement, Inc., Sept 2021,
    Starting Salaries--Class of 2020.
        \10\ Legal Services Corporation, Apr 2022, The Justice Gap: The
    Unmet Civil Legal Needs of Low-income Americans, p.52.
    ---------------------------------------------------------------------------
                      u.s. department of justice programs
    Tribal Civil and Criminal Legal Assistance, Training and Technical
            Assistance
        We request that FY 2023 funding be maintained for the Department of
    Justice, Office of Justice Programs, within 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 should continue to
    include funding in FY 2023 to support the work done on behalf of Native
    Americans by Indian Legal Services programs that are connected with the
    Legal Services Corporation. This FY2023 funding could be either within
    a specified line item for ``assistance to Indian Tribes,'' such as the
    $50 million Congress appropriated in the FY2022 Consolidated
    Appropriations Act, and was included in the President's Budget for
    FY2023, or within a Tribal set-aside percentage of Office of Justice
    Programs accounts, as this subcommittee has recommended in prior years.
    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 Indian Legal Services programs provide the only public defender
    services available. Many of these Indian Legal Services programs have
    been awarded funding under the TCCLA grants program, most recently for
    FY 2021 for both Tribal civil and criminal legal assistance:
        Recent examples of civil legal assistance work done under TCCLA
    funding awards include drafting model domestic violence protective
    order codes, as well as drafting Tribal laws and revisions to civil
    codes, policies and procedures; providing representation to children
    within the juvenile systems of Tribal courts as guardians ad litem;
    handling Indian wills, which has included drafting Advanced Directives
    for Tribal members; and collaborating and maintaining relationships
    with Tribal domestic violence advocates, Tribal crime victims'
    advocates, urban Indian organizations, prosecutors, Tribal public
    defenders, State and Tribal social service agencies, Tribal housing
    authorities, senior center staff, staff at local Bureau of Indian
    Affairs and Department of the Interior Office of Special Trustee
    offices, the Tribal bar, and others to improve community awareness
    about available legal services and provide more comprehensive services.
        Recent examples of programs' criminal legal assistance work
    conducted under TCCLA funding awards include representation of
    defendants in a tribal/State court dual-jurisdiction DWI healing to
    wellness court; presenting on the U.S. v. Cooley case and impacts on
    Tribal law enforcement when encountering non-Indians on non-Tribal
    lands within the boundaries of a reservation; handling cases related to
    the expungement of criminal records; providing a Public Defender for
    Tribal members in the Chickasaw Nation Tribal Court pursuant to the
    June, 2020, U.S. Supreme Court ruling in McGirt v. Oklahoma; assisting
    juvenile Tribal members in criminal defense and court appointments of
    guardian ad litem cases when parents faced criminal prosecution or
    incarceration; and handling trial level casework regarding unlawful
    pre-trial detention.
        In FY 2023, whether the subcommittee recommends funding to DOJ for
    Indian Country Tribal justice and law enforcement programs as an
    overall sum, as in fiscal year 2022, 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 defender improvement
        The Federal Government has an important role in ensuring quality in
    State and local public defense systems, and the President's Budget for
    FY2023 included $25 million for public defender improvement. We urge
    the committee to fully fund this program. DOJ has previously undertaken
    initiatives to support state, Tribal, and local public defense systems,
    including the Smart Defense Initiative, which focused on upholding the
    Sixth Amendment right to counsel, and on fostering defender-researcher
    partnerships; and the Sixth Amendment Initiative, which focused on the
    protection of all Sixth Amendment rights via strategic planning,
    implementation of strategic plans, and innovative partnerships between
    public defense service providers and other criminal legal system
    stakeholder groups. These initiatives have yielded substantial benefits
    for criminal legal systems and for communities more broadly. For
    example, a pilot program under the Smart Defense Initiative to provide
    representation at all felony arraignments in Alameda County, CA reduced
    unnecessary pretrial incarceration and provided substantial cost
    savings: the percentage of cases where accused individuals were
    released at arraignment increased from less than 1% to 20%; motions to
    reduce bail (which were virtually nonexistent without counsel) had an
    83% success rate; and the assistance of counsel avoided 2,974 days of
    incarceration, translating to a savings of $422,308 in a single year.
                   violence against women act (vawa) programs
        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. Civil legal aid helps survivors secure their physical
    safety, break legal links with their abuser, and rebuild their lives
    over the long term. We urge the committee to provide $100 million for
    civil legal assistance for victims, as requested by the President. None
    of this appropriation should be drawn from the Crime Victims Fund
    administered by the 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
    shown by the enactment of H.R. 1652, the VOCA Fix to Sustain the Crime
    Victims Fund Act.
           john r. justice student loan repayment assistance program
        As the cost of law school continues to rise, new lawyers are
    increasingly reliant on student loans to obtain a law degree: a 2021
    report shows that the average law school student borrows over $118,000
    just to attend law school, and 74.1% of law school students graduate in
    debt.\11\ Salaries for public defenders and prosecutors are low, so
    sustaining a career in public service is often impractical if not
    impossible, leading to public defender programs and prosecution offices
    being unable to retain talented attorneys. The John R. Justice Student
    Loan Repayment Assistance Program (JRJ) offers critical support to
    relieve the pressure of student loan debt for public defenders and
    prosecutors. We are grateful that the committee has doubled the
    appropriation level for the John R. Justice program to $4 million for
    this year, but for this program to have a meaningful national impact,
    it should be funded at the authorized level of $25 million.
    ---------------------------------------------------------------------------
        \11\ See e.g.; Hanson, M., December 5, 2021, Average Law School
    Debt, Education Data Initiative, EducationData.org; and Hess, A. J.,
    Dec 22, 2022, U.S. Student Debt Has Increased by More than 100 percent
    Over the Past 10 Years, CNBC.com.

        [This statement was submitted by Radhika Singh, Vice President]
                                     ______

           Prepared Statement of National Marine Sanctuary Foundation
        Chairwoman Shaheen, Ranking Member Moran, and members of the
    subcommittee, thank you for the opportunity to submit written testimony
    regarding appropriations for the National Oceanic and Atmospheric
    Administration (NOAA) in Fiscal Year (FY) 2023. On behalf of the
    National Marine Sanctuary Foundation, I thank the subcommittee for the
    $4.5 million increase in the Marine Sanctuary Program (ORF) funding and
    $1 million increase in Marine Sanctuaries Construction (PAC) funding
    for FY 2022, and language supporting expansion of the National Marine
    Sanctuary System. As supporters, stakeholders, and partners of
    America's National Marine Sanctuary System, we strongly urge the
    Committee to:
        1. Appropriate at least $95.5 million in National Marine
            Sanctuaries in FY
           2023.
        2. Direct NOAA to prioritize programs in sanctuaries.
        3. Cap corporate fees to no more than 5 percent of the annual
            appropriations.
        4. Address Section 304(f) of the National Marine Sanctuaries Act.
                     office of national marine sanctuaries
        NOAA's Office of National Marine Sanctuaries (ONMS) serves as the
    trustee for a network of 15 national marine sanctuaries and two marine
    national monuments that encompass over 620,000 square miles of marine
    and Great Lakes waters. The National Marine Sanctuary System conserves
    some of the Nation's most critical natural, historic, and cultural
    resources.
        The conservation of marine ecosystems is vital to maintaining a
    healthy ocean and Great Lakes, sustaining productive coastal economies,
    and addressing climate change. According to the Bureau of Economic
    Analysis, the marine economy accounted for $397 billion of U.S.GDP in
    2019. Tourism and recreation accounted for the most significant
    portion, $234 billion of the gross output, and marine living resources
    accounted for $26.6 billion. Both sectors depend on a healthy ocean.
    Sanctuaries drive the growth of the blue economy through fishing,
    diving, recreation, hospitality, and tourism.
        The ocean is central to mitigating climate change, absorbing 90
    percent of the climate system's excess heat. Climate change is
    disproportionately impacting the ocean and its impacts threaten the
    physical well-being, economic prosperity, and food security of
    communities along our coasts and businesses that rely on marine
    resources. National marine sanctuaries and marine national monuments
    are a key part of the solution to ocean climate impacts. They protect
    ecosystems that remove atmospheric carbon and store it in marine
    sediments and habitats, safeguard coastal communities from flooding and
    storms and reduce non-climate stressors to support ecosystem
    resilience.
        For Sanctuaries and Marine Protected Areas ORF account, we urge
    Congress to provide at least $87 million. ONMS manages more ocean and
    Great Lakes area than the entire National Park Service on a
    significantly lower budget. This is the minimum level of funding
    necessary to advance conservation and restoration in U.S. waters while
    addressing the threats of biodiversity loss, climate change, and
    inequitable access to nature. There are three sites currently in the
    designation process as national marine sanctuaries, four sites on the
    nomination inventory awaiting action, and one site under consideration
    for the inventory. These sites have strong community-based support and
    four were nominated by Indigenous communities. Engaging communities as
    stewards of these protected waters make sanctuaries unique and provides
    a participatory approach to conservation. With additional resources,
    ONMS can engage communities throughout the sanctuary nomination and
    designation processes.
        For Marine Sanctuaries PAC, we urge Congress to provide at least
    $8.5 million. This funding will support the replacement or repair of
    vessels that are mission-critical. ONMS maintains a fleet of small
    boats that allows managers and partners to assess, monitor, research
    and protect national marine sanctuaries. These efforts include
    responding to entangled whales, conducting scientific missions,
    maintaining mooring buoys, and enforcing regulations. Increasing
    demands on an aging fleet lead to higher operating costs and challenges
    to maintaining safe, efficient, and effective operations. To continue
    on-the-water science and conservation programs that strengthen the
    management of our ocean and Great Lakes, investment in recapitalizing
    aging vessels across the National Marine Sanctuary System in addition
    to upgrades, retrofits, and life-cycle extensions is critical. Funding
    would also support improvements for visitor centers, facilities and
    signage, and ADA compliance that anchor tourism and recreation in
    communities and enhance equitable access to nature.
        In October 2022, the Nation will mark the 50th anniversary of the
    National Marine Sanctuaries Act. As we move towards this anniversary,
    we need to invest in America's protected waters, and the communities
    and businesses that depend upon them. The Build Back Better bill
    proposed critical investment in ONMS facilities across the country. For
    the anniversary, we urge the subcommittee to create a special
    investment of $25 million in PAC for the next 5 years to improve
    facilities.
     prioritizing national marine sanctuaries and marine national monuments
        Marine sanctuaries and monuments protect nationally significant
    areas in our ocean and Great Lakes akin to national parks and national
    wildlife refuges. Because of their special designation and NOAA's
    responsibility to hold them in trustee, the Department of Commerce and
    the agency should prioritize investment in these areas. We appreciate
    Congress including report language in Consolidated Appropriations Act
    for FY 2022 for National Ocean Service (NOS) to prioritize marine
    debris cleanup efforts within marine sanctuaries and marine national
    monuments. We request the subcommittee expand this language to include
    other accounts within NOAA, specifically, Navigations, Observation and
    Positioning, Coastal Science and Assessment and Coral Reef Conservation
    Program within NOS, Protected Resource Science and Management and
    Habitat Conservation and Restoration within NMFS, and Climate Research
    and Ocean, Coastal and Great Lakes Research within OAR. In addition to
    the general provision above, we respectfully request funding for
    sanctuaries Line Offices. We request this funding above the President's
    FY 2023 Budget request.
        National Ocean Service (NOS).--We commend the Coral Reef
    Conservation Program and the Office of Response and Restoration's
    Marine Debris Program for supporting work in sanctuaries and monuments.
    We request support in the following accounts:
      --$15 million within the Navigation, Observation, and Positioning to:
            characterize and monitor marine ecosystems and living
            resources; understand and predict impacts from climate change;
            prioritize and synthesize long-term data collections; advance
            technologies for biological observing; and develop targeted
            modelling, web-enabled ecosystem trends, and other tools to
            inform adaptation strategies.
      --$5 million within the Office of Response and Restoration for marine
            debris removal in sanctuaries and monuments to enhance water
            quality and reduce the impacts of debris on resources.
      --$1 million within the Coral Reef Conservation Program to support
            the MPA Center providing technical assistance to Pacific
            Islands, Caribbean, and international partners, complementing
            USAID.
      --$10 million within National Centers for Coastal Ocean Science
            (NCCOS) for biogeographic assessments and characterizations in
            sanctuaries and monuments to evaluate regulatory and management
            decisions, and grants to non-federal partners for targeted
            research on priority management issues.
      --$5 million within the Integrated Ocean Observing System (IOOS)
            program to support the collection, management, accessibility
            and distribution of critical natural and archaeological data
            and information.

        National Marine Fisheries Service (NMFS).--We commend the Office of
    Habitat Conservation for their strong support for work in sanctuaries.
    We request support in the following accounts:
      --$100 million for Habitat Conservation and Restoration within the
            National Marine Fisheries Service and dedicate $40 million to
            support habitat restoration in U.S. waters, with the increase
            directed for restoration in national marine sanctuaries and
            marine national monuments and assessing blue carbon
            sequestration.
      --Funding for the Office of Law Enforcement to increase enforcement
            in sanctuaries, especially those like the Florida Keys where
            there are zone programs.
      --For Protected Resources Science and Management, we request an
            increase of $10 million to support species recovery grants.
            Sanctuaries facilitate partnerships across sectors and can
            effectively develop best practices and models for improving
            science and management for protected species.
      --For the Integrated Ecosystem Assessment Program, we request $5
            million to directly support the science needs and management of
            sanctuaries and monuments.

        Oceanic and Atmospheric Research (OAR).--Sanctuaries act as living
    laboratories for stewardship, education, restoration, and science to
    address climate impacts. Scientists across NOAA are increasing our
    understanding of the climate drivers, conditions, trends, and
    predictions affecting our ocean through research conducted in
    sanctuaries.
      --Within OAR's climate research, we request $5 million to support
            climate science in sanctuaries and monuments.
      --Within the Office of Exploration and Research, $6 million to
            support and conduct critical operations in the National Marine
            Sanctuary System, with emphasis on the Pacific Islands Region,
            Great Lakes, and Gulf of Mexico.
      --$3 million in the Ocean Acidification Program to focus research on
            sanctuaries and monuments aligned with the current OAP
            Strategic Plan.
      --$3 million for NOAA Research Laboratories to support the design,
            construction, and installation of research and monitoring
            instruments in sanctuaries and monuments.
                office of marine and aviation operations (omao)
        Within OMAO, we request $3 million in dedicated funds to support
    operations in the National Marine Sanctuary System using NOAA Ships and
    uncrewed systems to address science and management needs and provide
    increased access to and on water presence for NOAA and partners in
    these protected areas.
                       cap for noaa administrative costs
        We urge the subcommittee to cap NOAA's and NOS's corporate and
    administrative costs at five percent of total ORF appropriations for
    the account. In fiscal year 2021, ONMS paid over $7 million in
    administrative and corporate costs to NOAA. ONMS shoulders a
    disproportionate share of corporate expenses and direct bills because
    other programs are exempt from such fees. Rather than ONMS and other
    non-exempt programs shouldering these costs, we urge this subcommittee
    to cap costs and require NOAA budget these expenses directly. Direct
    accounts for NOAA's and Line Offices' Administration, management, and
    corporate services would be transparent and allow Congress to
    appropriate actual costs for these expenses. More importantly, it
    ensures NOAA has the necessary and deserved budget for administration
    and management without impacting program and mission delivery.
    Suspend Section 304(f) of the National Marine Sanctuaries Act
        Section 304(f) of the National Marine Sanctuaries Act is outdated
    and should be repealed as demonstrated in NOAA's findings for Mallows
    Bay-Potomac River and Wisconsin Shipwreck Coast National Marine
    Sanctuaries. With only 1.9% of the U.S. marine environment protected
    outside of the central Pacific, our Nation needs to increase the level
    and scale of marine protected areas to conserve biodiversity and all
    its contributions to people and the economy. National marine
    sanctuaries are an effective and cooperative approach to increase
    protection. We urge the subcommittee to include language to strike
    Section 304(f) or suspend the provision in FY 2023.
        Thank you for this opportunity to provide testimony. Robust funding
    will ensure sound management of these treasured places through strong
    community engagement in stewardship; support of mission-critical tools;
    active restoration of marine environments; preservation of maritime
    resources; and improved understanding of ecosystems. We look forward to
    working with the subcommittee during the FY 2023 appropriations
    process.

        [This statement was submitted by Ms. Kristen J. Sarri, President
    and CEO]
                                     ______

         Prepared Statement of The National Ocean and Coastal Security
        Mrs. Chairwoman and Members of the subcommittee, 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 ocean, coasts, and Great Lakes are experiencing dramatic
    changes from sea level rise, increasing coastal storm frequency,
    coastal flooding, erosion, hypoxia, harmful algal blooms, ocean
    acidification, biodiversity loss, and more. Many of these changes are
    caused by climate change, which is disproportionately impacting the
    ocean. Warming waters are changing ocean circulation and chemistry,
    raising sea levels, increasing storm intensity, and changing the
    diversity and abundance of marine species. These impacts weaken marine
    ecosystem's ability to provide critical ecological services and natural
    infrastructure for climate resilience. This threatens the physical
    well-being, economic prosperity, and food security of communities along
    our coasts and businesses that rely on marine resources and
    transportation.
        The most recent State of U.S. High Tide Flooding report recorded
    record high global sea levels and some regions across the country are
    seeing up to 1,100 percent increases in high tide flooding. At the same
    time, the population in coastal areas continues to increase and nearly
    40 percent of coastal residents are vulnerable communities--the
    elderly, children, and the poor. This interface of coastal change and
    increasing coastal populations is driving the need to enhance coastal
    community adaptation, mitigation, and resilience capacity. Our coastal
    organizations, in partnership with the National Oceanic and Atmospheric
    Administration (NOAA), are poised to play a leading role in addressing
    these continually evolving ocean, coastal, and Great Lakes challenges
    and helping people where they live.
        The Infrastructure Investment and Jobs Act (IIJA) recognizes the
    importance of coastal infrastructure--and the critical role of NOAA and
    its partners--in addressing coastal community adaptation, mitigation,
    and resilience. The IIJA included one-time investments of $47 billion
    for resiliency with $2.6 billion of that amount going to NOAA. The NOAA
    funds include amounts for data acquisition, marine debris, forecasting
    and modeling, regional management, projects for habitat restoration and
    community resilience and coastal and ocean observing. Our organizations
    thank Congress for making these significant investments.
        The IIJA makes impressive strides to advance ocean, coastal, and
    Great Lakes resilience, yet these investments are only an initial down
    payment on the full need. Coastal communities are looking at multi-
    billion dollar price tags to bolster themselves from rising seas and
    associated coastal hazards. For example, Harris County, Texas planners
    estimate it will cost more than $30 billion to provide protection
    against major 100-year flood events. This is over 10 times the
    investment to NOAA under IIJA. The economic and social cost of inaction
    is exorbitant--Hurricane Harvey in 2017 cost $125 billion in damages
    and led to the deaths of 68 people while causing the third 500-year-
    flood in a 3 year period. Studies show that investments in coastal
    resilience work. A project supported by NOAA and its partners in Harris
    County--Exploration Green--created a wetland to absorb floodwaters, and
    even though the project was in the early stages of development when
    Hurricane Harvey hit, it protected 150 homes from flooding, and now it
    protects over 3,000 homes from 100-year and 500-year flood events.
        Our annual appropriations request for FY 2023 and ensures the full
    impact of the IIJA investments are realized. The immediate and long
    term success of infrastructure investments depend on community
    engagement, planning, analysis of options and implementation, and
    stewardship of newly restored areas--all activities that were not
    supported under the IIJA. Increased capacity is needed to work with
    local communities to support and implement these projects, as well as
    manage the restored areas. Furthermore, many of our programs have
    significant educational and outreach mandates that complement the
    development of coastal infrastructure, but were not funded in the IIJA.
    Education, outreach, and training within coastal communities can both
    explain the value of coastal infrastructure and improve community
    resilience through planning and preparedness.
        Our organizations stand in strong support of NOAA's ocean, coastal,
    and Great Lakes research, observing, conservation, management,
    stewardship, training, and education programs which advance coastal
    resilience. We support the following investments in FY 2023
    appropriations to ensure robust investments in coastal resilience as
    well as capacity to implement the IIJA:

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

    ------------------------------------------------------------------------
    $140 million for the National Sea Grant  $108.5 million for Coastal
     College Program and $18 million for      Management Grants and $64.782
     Sea Grant Aquaculture..                  million for Coastal Zone Mgmt.
                                              and Services
    ------------------------------------------------------------------------
    $87 million for National Marine          $42.5 million for National
     Sanctuaries operations, research, &      Estuarine Research Reserve
     facilities and $8.5 million for          System operations and $10
     procurement, acquisition &               million for procurement,
     construction.                            acquisition & construction
    ------------------------------------------------------------------------
    $75.3 million for the Regional           $34 million for National Ocean
     Integrated Ocean Observing Program.      and Coastal Security Fund
    ------------------------------------------------------------------------
    $2.5 million for Regional Ocean          ...............................
     Partnerships.
    ------------------------------------------------------------------------

        National Sea Grant College Program.--The National Sea Grant College
    Program Act authorizes the awarding of grants and contracts to initiate
    and support programs at Sea Grant colleges and other institutions for
    research, education, and advisory services in any field related to the
    conservation and development of marine resources. A joint federal,
    State, and local investment, Sea Grant provides solutions for the
    issues affecting our Nation's coastal communities (including the Great
    Lakes, Gulf of Mexico, and communities on the Atlantic, Caribbean, and
    Pacific coasts), yielding quantifiable economic, social, and
    environmental benefits. Sea Grant is a unique university-based program
    within NOAA that awards over 90% of its appropriated funds to coastal
    States through a competitive process to address issues identified as
    critical by coastal communities throughout the United States. Sea Grant
    fosters cost-effective partnerships among State universities, State and
    local governments, NOAA, and coastal communities and businesses,
    leveraging nearly $3 for every $1 appropriated by Congress. In 2020 the
    Sea Grant program helped generate an estimated $520 million in economic
    benefits; created or supported 11,000 jobs; created or sustained 1332
    businesses; provided 34 State-level programs with funding that assisted
    285 communities improve their resilience; helped over 11,000 people
    adopt safe and sustainable fishing practices; helped restore or protect
    an estimated 4.2 million acres of habitat; and supported the education
    and training of nearly 2000 undergraduate and graduate students.
        The Integrated Ocean Observing System (IOOS).--The IOOS Regional
    Associations (RAs) work with Tribal, State, regional and Federal
    agencies to design and operate regional observing systems which provide
    actionable information to a variety of stakeholders. IOOS efficiently
    links observation to modeling via data management in order to improve
    the safety and efficiency of maritime operations, more effectively
    protect and restore healthy coastal ecosystems, reduce public health
    risks, and to mitigate the effects of coastal hazards including
    flooding. The IOOS regional network enables NOAA to more efficiently
    achieve their goals by increased access to non-Federal data sources and
    by developing tailored information products that address the unique
    needs of users around the Nation. The FY 2023 request supports the core
    operation of these regional systems allowing them to continue critical
    observations and to provide that information in useful formats, in a
    timely manner. In addition, the support will allow for repairs to aging
    infrastructure and modernization of the system to better provide
    information on changing conditions including biology and marine life.
        Coastal Zone Management (CZM) Programs.--The 34 State and Territory
    CZM Programs, in partnership with the National CZM Program, support the
    congressionally recognized priority of the effective management,
    beneficial use, protection, and development of the coastal zone. The
    demands on CZM Programs have increased with continuously more
    complicated balancing of coastal zone uses and needs for conservation,
    while emerging issues including sea level rise, increased coastal storm
    frequency, and other coastal hazards such as coastal flooding and
    erosion threaten the lives and livelihoods of coastal communities.
    Additionally, IIJA provided for $207 million for habitat restoration
    projects under the CZMA placing increased demands for directed project
    execution on the CZM Programs without providing resources to address
    basic capacity needs. While the IIJA funds do address some components
    of the extensive needs for coastal resilience, there remain critical
    gaps that are not addressed which are supported by the annual
    appropriations for Coastal Management Grants. These gaps include
    vulnerability assessments; long-term resilience planning; and project
    planning, design, engineering, and implementation for green and gray
    infrastructure projects with coastal community resilience benefits. To
    ensure the effective implementation of this new legislation and the
    continuation of comprehensive coastal resilience efforts, it is
    imperative that the Coastal Management Grants be funded at a level that
    ensures the States and Territories have the necessary capacity to meet
    these mandates.
        The National Estuarine Research Reserve System (NERRS).--The NERRS
    include 30 special coastal places (Reserves), encompassing more than
    1.4 million acres. Over 50 years, and in times of crisis, Reserves have
    become trusted members of coastal communities. The NERRS is a time-
    tested, mission-ready program that is prepared for growth and has a
    proven track record of delivering the information and solutions
    communities need to address climate change and many other challenges.
    Communities look to Reserves as partners in addressing the challenges
    of a changing coast and as places for safe outdoor experiences that are
    essential to public health. An increase in program funding will send
    more dollars to each State and enhance the NOAA services each Reserve
    and its communities receive. The increase will support NERRS geographic
    growth: there are two proposed reserves in Louisiana and Wisconsin in
    the designation pipeline. A funding increase will also deepen and
    broaden the impact of national programs that make coastal communities
    and the Nation more resilient, including the NERRS System-Wide
    Management Program, Coastal Training Program, Collaborative Research
    competitive grant program, and Davidson Graduate Research Fellowship.
    Additionally, funding for the NERRS will strengthen the impact of
    investments made through the infrastructure bill. Reserves support
    jobs, contribute to the economy, and provide much-needed refuge,
    especially during the pandemic.
        National Marine Sanctuaries Program and Habitat Restoration.--The
    National Marine Sanctuary System encompasses over 600,000 square miles
    of marine and Great Lakes waters protecting ecologically and
    biologically significant habitats. Sanctuaries serve as living
    laboratories for stewardship, education, restoration, and science to
    address climate impacts. Sanctuaries also bolster tourism and robust
    recreational industries, promote sustainable visitation, engage
    businesses in stewardship, and drive the growth of the blue economy.
    Communities across the Nation can nominate their most treasured marine
    and Great Lakes places for consideration as sanctuaries. Engaging
    communities as stewards of these protected waters provides a
    comprehensive, highly participatory approach to managing and conserving
    marine and Great Lakes ecosystems. The Office of National Marine
    Sanctuaries (ONMS) needs the resources to properly engage communities
    throughout the sanctuary nomination and designation process.
        ONMS did not receive any IIJA funds. The FY23 request will ensure
    that ONMS has the resources to conduct scientific research, effectively
    manage sanctuaries and designate new ones, enforce regulations, and
    engage the public in stewardship. Funding would support the
    Administration's initiation of the designation process
    for sanctuaries in the ONMS Inventory and complete the proposed
    Papahanaumokuakea, Lake Ontario, and Chumash Heritage sanctuaries'
    designation. There are an additional four sites nominated for
    designation in inventory awaiting action, and one site under
    consideration for the inventory. This funding level would also support
    the replacement or repair of vessels that are mission-critical to
    operations, management, and enforcement and provide investments that
    create jobs through shipbuilding
        The Regional Ocean Partnerships (ROPs).--The four ROPs play a
    unique role in facilitating collaboration across State coastal
    agencies, including State and Territory CZM Programs, Tribes, Federal
    agencies, and other stakeholder groups, to manage the Nation's coast
    and enhance coastal resilience. The IIJA provides significant resources
    to support the four ROPs, Tribal engagement, and ROP equivalents in
    regions without an ROP. IIJA funding together with sustained annual
    appropriations will enable the ROPs and their equivalents to tackle
    increasingly complex coastal issue in a coordinated way and to engage
    Tribes who are a critical partner in managing the Nation's coasts who
    have often been left out of these coastal management discussions.
        The National Ocean and Coastal Security (NOCSA) Fund.--The NOCSA
    Fund provides grants to non-profit organizations, academic
    institutions, for-profit organizations, and State, Territory, local,
    municipal, and Tribal governments for the purpose of investing in
    conservation projects that restore or expand natural coastal features
    that minimize the impacts of storms and other naturally occurring
    events on nearby communities. Increased resources under IIJA and
    sustained annual appropriations will enable coastal communities to
    tackle the vast need for coastal habitat restoration and community
    resilience projects across the Nation's coasts.
        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 National Opinion Research Center (NORC)
        The National Opinion Research Center (NORC) at the University of
    Chicago appreciates the opportunity to provide testimony on the fiscal
    Year 2023 Census Bureau (``the Bureau'') budget request. In particular,
    we focus on the Bureau's proposed ``Ask U.S. Panel'' pilot project, for
    which the Bureau has not requested funding as part of its FY 2023
    request despite its stated plans to continue to expand the Program and
    Pilot over the next year.
                                   about norc
        NORC is an objective, non-partisan research institution that
    delivers reliable data and rigorous analysis to guide critical
    programmatic, business, and policy decisions. We have been successful
    in utilizing our well-established surveys to compile reliable data for
    Federal agencies, private sector clients, and others for over 75 years.
    This collection of surveys includes the ``AmeriSpeak'' online
    probability-based panel for rapid turnaround studies, which has been in
    place since 2016. Given our experience with the ``AmeriSpeak'' panel,
    we have firsthand knowledge of the time, resources, and plans needed to
    successfully execute a panel like the one the Bureau is seeking to
    create via the Ask U.S. Panel.
                       concerns about the ask u.s. panel
        The Ask U.S. Panel, first proposed under the Bureau's June 2020
    Notice of Funding Opportunity, was intended to ``establish a research
    platform that is developed and maintained by a third-party collaborator
    but, open to government and other non-profit researchers and policy
    makers that can allow a more frequent measurement of the population and
    can include repeated measures designs.'' The Bureau awarded the project
    to RTI International through a cooperative agreement.
        We have numerous concerns regarding the development of the Panel,
    including the use of a cooperative agreement, the duplication of
    resources already existing in the private sector, and the diversion of
    taxpayer dollars and Bureau personnel from other important priorities
    related to the Bureau's unique functions. However, our main concern is
    the lack of transparency surrounding the Bureau's plans for the Panel.
    Since awarding the cooperative agreement in 2020, the Bureau has
    avoided numerous requests from stakeholders for information about its
    methodology, data collection processes, and intended uses for the
    Panel.
        This lack of transparency, combined with the rapid implementation
    of the Panel, raises concerns regarding the need, validity, and
    usability of the Panel. The Bureau has pursued rapid implementation of
    new data products and data collection programs in recent years. While
    NORC applauds the Bureau's recent innovations, we suggest that
    additional diligence may be necessary to ensure the Ask U.S. Panel
    fulfills its intended purposes and that the Bureau communicates with
    its users on the best fit for each of its products. Recent Federal
    Register Notices and statements under the Paperwork Reduction Act (PRA)
    from the Bureau on the Ask U.S. Panel indicate that the plans and
    methodology are rapidly evolving. The Bureau must be transparent about
    its methodology and planned implementation to ensure this product
    produces valid and usable results and is not a waste of taxpayer
    dollars.
        To this end, stakeholders have repeatedly reached out to the Bureau
    for additional information on this project and the Bureau has been
    dismissive and/or nonresponsive to these requests. This lack of
    transparency by the Bureau is evidenced in their lack of response to
    stakeholder comments through the PRA process (comments submitted on
    February 4, 2022; March 29, 2022; and May 3, 2022). The lack of
    consideration by the Bureau of public comments calls into question its
    commitment to the consultative process established by the PRA and the
    transparency of the Bureau in its actions. We note that in a recent
    Director's blog post Director Santos stated, ``An important aspect of
    that is cultivating trust with all our Nation's communities, be they
    urban or rural, low-income or high income, and regardless of race or
    ethnicity or other socio-demographic groups. That is why seeking,
    listening to and incorporating feedback is critical to garnering trust
    from the full range of our Nation's communities. It also promotes the
    production of relevant, quality data and therefore facilitates
    excellence at the Census Bureau.'' \1\ NORC agrees with this
    perspective and believes meaningful engagement with the Bureau's
    stakeholders and transparency in the Bureau's operations are essential
    factors in engendering trust and confidence in the Bureau's programs
    and products. In the case of inquiry and feedback regarding the Ask
    U.S. Panel, the Bureau's actions to date, both through the PRA process
    and other channels, do not meet the standard laid out in the Director's
    blog post.
        It also is notable that the Bureau did not include any references
    to the Ask U.S. Panel in its FY 2023 budget request despite recent
    Federal Register Notices indicating its plans to implement the Panel.
    It is unclear to us and other stakeholders how the Bureau plans to fund
    the Panel and how this effort fits in with the Household Pulse Surveys
    and High Frequency Data Program. Despite approaching the Bureau through
    various channels, both directly and indirectly, we have not received
    any clarity about how these programs interact and what funding the
    Bureau plans to utilize to build out the Ask U.S. Panel in the next
    year.
            request for the fiscal year 2023 cjs appropriations bill
        Given these concerns, we respectfully ask the Committee to instruct
    the Bureau to be more transparent with stakeholders, as well as provide
    more detailed information about its plans for the Panel. Providing
    proper oversight of the implementation of this project will ensure the
    scope of the Ask U.S. Panel stays within its parameters and does not
    waste public funds.
        To that end, we request the Committee include the following
    language in the report accompanying the fiscal Year 2023 CJS
    appropriations bill.

                    Ask U.S. Panel Survey. The Committee is concerned about
                    the lack of transparency related to the Census Bureau's
                    plans for implementation of the Ask U.S. Panel Survey,
                    particularly given the lack of congressional
                    authorization and the expanding scope of the project
                    since it was initially announced. The Committee also is
                    concerned about the use of taxpayer dollars for the
                    development of a panel survey given the wide range of
                    options that currently exist in the private sector for
                    these types of activities. The Committee directs the
                    Census Bureau to provide a report to the Committee
                    within 60 days about the panel's methodology, data
                    collection processes, implementation, incurred and
                    projected costs, and procurement strategy to allow the
                    Committee to evaluate the project's use of Federal
                    resources.
                                   conclusion
        While the Census Bureau should be lauded for its recent
    innovations, the lack of transparency surrounding the Ask U.S. Panel
    raises serious concerns, which ultimately question the need for the
    Panel as a government developed program. We hope the Committee will
    provide active oversight to ensure the Bureau is fully transparent
    about its plans for this product, including responding to stakeholder
    requests.
        Thank you for the opportunity to offer testimony on the Ask U.S.
    Panel.
    ---------------------------------------------------------------------------
        \1\ https://www.census.gov/newsroom/blogs/director/2022/02/
    thinking-differently-perpetuating-
    excellence.html, February 14, 2022.
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                                     ______

         Prepared Statement of the National Seafood Marketing Coalition
    Dear Chairman Shaheen and Ranking Member Moran:

        As you begin to prepare the fiscal Year 23 Appropriations bill, the
    National Seafood Marketing Coalition (NSMC) requests that you work with
    all of your colleagues to ensure increased funding for the Saltonstall-
    Kennedy (S-K) Grant Program. The NSMC includes 70 US Fisheries
    organizations from across the country as well as signed support from 9
    separate State Legislatures.
        Enacted in 1954, the S-K Act aims to `` . . .  aid the American
    commercial fishing industry by promoting the free flow of domestically
    produced products in commerce and developing and increasing markets for
    those products,'' through a federal, competitive grant program. As you
    know, the S-K Grant Program is funded by a tariff on imported seafood
    and these funds are transferred from USDA into NOAA's ``Promote and
    Develop Seafood Products'' account. The tariffs capitalizing the
    Promote and Develop account have increased almost every year from $82
    million in 2007 to now over $240 million in 2021. Regardless of this
    dramatic and consistent increase, the S-K Grant program has stayed in
    the $8M--$12M range of Congressional funding. The fiscal year 2022
    funding for the S-K Grants turned out to be $11.8M, which is
    approximately 4.8% of the ``transfer'' from USDA. However, the S-K Act
    clearly States that:

        (e) Allocation of fund moneys
        (1) Notwithstanding any other provision of law, all moneys in the
            fund shall be used exclusively for the purpose of promoting
            United States fisheries in accordance with the provisions of
            this section, and no such moneys shall be transferred from the
            fund for any other purpose . . . .(A) the Secretary shall use
            no less than 60 per centum of such moneys to make direct
            industry assistance grants to develop the United States
            fisheries and to expand domestic and foreign markets for United
            States fishery products pursuant to subsection (c) of this
            section;

        Increased S-K funding is needed for the U.S. seafood industry now
    more than ever. World events have closed markets and significantly
    raised tariffs on many U.S. seafood exports. Moreover, because of the
    war in Ukraine and other U.S. policies, several foreign nations have
    severely restricted the import of our US seafood products and at the
    same time, the US Seafood market is a ``center or the target'' for all
    other foreign seafood products! (The U.S. imports approximately 90% of
    seafood consumed domestically). Increased S-K funding should focus on
    increasing domestic consumption of U.S. produced seafood as well as the
    secondary processing of seafood within the U.S. American fisheries are
    also challenged by disproportionate foreign government spending to
    support their fishing industries. For example, Norway spends more than
    10 times the amount of money on marketing Norwegian salmon in U.S.
    markets as the US does on all of our seafood products, everywhere.
    Increased S-K allocations could, in part, help to level the playing
    field in promotion of U.S. produced seafood.
        Recently, Congress re-established the American Fisheries Advisory
    Committee (AFAC Committee) to work with NOAA to prioritize and direct
    S-K funding. The NSMC as a representative of the Alaska and US Seafood
    Industry, is looking forward to AFAC's new leadership role in the
    application of S-K funding. It has been 50 years since S-K funding
    decisions have had the industry input that was intended by the 1954
    enabling legislation. According to the legislation, the purpose of S-K
    funding is ``to assist persons in carrying out research and development
    projects addressed to any aspect of United States fisheries, including,
    but not limited to, harvesting, processing, marketing, and associated
    infrastructures.'' The AFAC Committee, as designed, will have both
    geographical and experiential diversity including fishermen, scientists
    and regulators drawing from six regions across the country. As such,
    AFAC will be an effective advisory body, ensuring that increased S-K
    funding is strategically invested to return maximum benefit to the
    American Seafood Industry.
        As one of the US Seafood industry's representatives and advocates,
    we would like to see the S-K Grant funding begin to approach the
    percentage of U.S. tariffs on imported seafood that were envisioned
    when the original statute was passed. For FY 23, UFA encourages you to
    consider funding the S-K Grant program at no less than 15% of the
    transfer to NOAA's ``Promote and Develop Seafood Products'' account
    derived from tariffs on imported seafood as a specific Lt numbered line
    item in the FY23 budget. This equates to approximately 35 million
    dollars, and is a step in the right direction towards the 60% language
    contained in the S-K Act. In future years, we recommend continued
    incremental increases towards the statutory 60% allocation in the SK
    Act.
        We very much thank you for being the champion you have been for so
    long in our request for increased S-K Grant funding that will address
    the new and increased needs of America's fishing industry and ensure
    the new AFAC Committee's ability to maximize a newly refreshed desire
    for a National Seafood Marketing campaign and to finally begin
    addressing the rebuilding and expansion of America's Seafood markets.

        [This statement was submitted by Bruce Schactler, Director]
                                     ______

           Prepared Statement of Natural Science Collections Alliance
        The Natural Science Collections Alliance appreciates the
    opportunity to provide testimony in support of fiscal year (FY) 2023
    appropriations for the National Science Foundation (NSF). We encourage
    Congress to provide the NSF with at least $11 billion in FY 2023.
        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 an
    important 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.
            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.
      --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.
      --When the 2001 anthrax attacks happened in the United States,
            specimens collected decades earlier allowed researchers from
            the Centers for Disease Control and Prevention to quickly
            identify the strain involved.

        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, ``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, ``Economic Analyses
    of Federal Scientific Collections,'' 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.
        The United Nation's (UN) Intergovernmental Science-Policy Platform
    on Biodiversity and Ecosystem Services (IPBES) has warned 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 130
    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 also represent
    an extraordinary resource for teaching core concepts in science.
        An example is the multi-institutional openVertebrate (oVert)
    project, which creates high-resolution 3D anatomical data for
    scientific specimens of amphibians, reptiles, fishes, mammals, and
    birds held in U.S. museums. Through its NSF-supported partner
    MorphoSource, an open-access online repository, these data have been
    downloaded more than 100,000 times and viewed over 1 million times by
    faculty, veterinarians, exhibit designers, K12 teachers, and artists
    resulting in more than 200 scientific publications. In addition, more
    than 2,000 undergraduate students have learned from these data and
    visualizations while studying zoology, veterinary science, art, and
    design.
        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 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.
    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.
        Please support funding of at least $11 billion for NSF in FY 2023.
    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.
        In addition to appropriations, Congress is currently considering
    multiple proposals 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.
        Furthermore, we also request that Congress provide additional
    economic relief--such as the provisions outlined in the RISE Act
    (HR.869, S.289) that are now part of the U.S. Innovation and
    Competition Act (S. 1260)--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.
        Thank you for your thoughtful consideration of this request and for
    your prior support of the National Science Foundation.

        [This statement was submitted by Gil Nelson, PhD, President]
                                     ______

                  Prepared Statement of The Nature Conservancy
        Chair Cartwright, Ranking Member Aderholt and members of the
    subcommittee, thank you for the opportunity to comment on the fiscal
    year 2023 (FY2) appropriations for the National Oceanic and Atmospheric
    Administration (NOAA). The Nature Conservancy (TNC) is a nonprofit
    working around the world to conserve the lands and waters on which all
    life depends. TNC appreciates Congress's work last year to pass the
    bipartisan Infrastructure Investment and Jobs Act (IIJA). These
    investments complement but do not supplant the need for ongoing program
    funding through the appropriations process. The subcommittee
    acknowledged that need when it included moderate by necessary program
    increases for NOAA in the FY22 omnibus spending bill. We again ask you
    to provide a robust appropriations package that will serve as the
    foundation for implementing the IIJA and ensuring long-term success for
    critical programs under the subcommittee's jurisdiction.
        Investment in ocean, coastal and Great Lakes restoration and
    management can be part of the country's economic recovery. Each year,
    the ocean and coastal economies contribute $304 billion to the Nation's
    GDP and 3.3 million jobs. NOAA's funding keeps that economic engine
    running. It helps NOAA catalyze local and regional action and reduces
    risk and saves money based on the tangible economic and societal
    benefits that natural resources provide. The demand for NOAA's products
    and technical and financial assistance exceeds available funding. The
    NOAA budget levels detailed below represent a prudent investment in the
    United States' future.
                             national ocean service
        Title IX Fund--National Coastal Resilience Fund Grants.--TNC
    supports no less than the FY22 enacted funding of $34 million, and
    requests at least $5 million be set aside for planning, technical
    assistance, and assessment activities. In an otherwise strong budget,
    the administration has proposed to terminate this critical grant
    program. 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. Throughout its budget request, NOAA emphasizes the
    need to make its climate products and services more available to the
    communities that need them. It is profoundly inconsistent with that
    need to terminate the very grants that enable communities to reduce
    their climate risks. While IIJA did provide temporary supplemental
    funding for these grants, the reality is demand for this funding far
    exceeds even this increased amount at a time when the country is facing
    an increase in billion-dollar climate-related disasters. More funding
    for planning and technical assistance will help more communities access
    future grants and leverage other funding to implement the resulting
    risk reduction projects. This is particularly important in under-
    resourced communities that do not have the capacity to begin this work
    on their own and may be particularly vulnerable to disasters. TNC
    appreciates Congress's support for this transformational program and
    urges the subcommittee to continue to fund it.
        Coastal Zone Management and Services.--TNC supports funding of no
    less than the requested level of $49.48 million. This level of funding
    will provide for continued capacity to provide coastal resilience
    technical assistance to communities across the country, including
    additional emphasis on under-resourced and underserved communities.
    Continued funding of at least $3 million for the Digital Coast
    Partnership 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 and Wisconsin to provide better representation and
    connectivity of habitats across the system.
        Coastal Management Grants.--TNC supports funding of no less than
    the FY22 enacted level of $79 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 IIJA provided additional
    but temporary funding to support State and territorial coastal zone
    management programs expanding coastal resilience and restoration
    projects. Continued funding for core grants is necessary to address the
    full suite of activities in the approved coastal programs.
        National Estuarine Research Reserve System (NERRS).--TNC supports
    funding of no less than the FY22 enacted level of $29.7 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 maintain the capacity of NERRS to conduct research and monitoring
    and incorporate this research into training and technical assistance to
    local communities. With the designation of the new NERRS in Connecticut
    earlier this year, it is important to maintain core funding so as not
    to dilute efforts across the system.
        Coral Reef Conservation Program.--TNC supports the requested level
    of $34 million. The modest 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.
        Sanctuaries and Marine Protected Areas.--TNC supports the requested
    level of $86.771 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 marine resources
    while balancing multiple uses and diverse stakeholder needs. The
    increased funding would enable expanded engagement with 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.
                    national marine fisheries service (nmfs)
        Fisheries and Ecosystem Science Programs and Services.--TNC
    supports the requested level of $180.246 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 its capacity to take in, integrate and make
    accessible data from a variety of sources to improve management.
    Modernizing data management would support the implementation of related
    science efforts. This includes the proposed $10 million for enhanced
    science and assessments as part of the cross-program Climate,
    Ecosystems, and Fisheries Initiative and the proposed $8.669 million to
    enhance the ability to conduct offshore wind assessments to understand
    and mitigate potential impacts in support of these vital renewable
    energy developments. 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.--TNC supports no less than
    the requested level of $61.353 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.
    While habitat restoration activities did receive a temporary
    supplemental increase through the IIJA, base program funding is
    necessary to support the timely implementation of those awards and the
    other core functions of the program. This includes 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 non-fishing impacts on these important fishery habitats. The
    proposed funding would support large-scale habitat restoration to build
    climate resilience as well as competitive grants for multiyear awards
    to develop restoration planning, project design and permitting and
    project implementation.
        Fisheries Management Programs and Services.--TNC supports no less
    than the requested level of $149.081 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. The proposed $6.155 million in funding would
    increase consultation capacity to assess the effects of planned
    renewable offshore energy activities.
        Observers and Training.--TNC supports no less than the FY22 enacted
    level of $57 million, including $10.3 million to fully fund industry
    costs for at-sea monitoring in the New England multispecies fishery.
    This funding should cover both electronic monitoring and observers.
    After several years of collaborative work with fishery participants,
    scientists and other stakeholders, NOAA approved the New England
    Fishery Management Council's proposal 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.
        Fisheries Data Collections, Surveys and Assessments.--TNC supports
    no less than the requested level of $212.095 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. Within this proposed increase, $11.5 million
    would provide long-needed funding to expand surveys, sampling and
    analysis capabilities to better track shifting species as part of the
    cross-program Climate, Ecosystems and Fisheries Initiative. The funding
    would increase the use of technology to conduct surveys, a capacity
    that became increasingly important when the pandemic disrupted data
    collection. Also within the proposed increase, $17.38 million would
    establish a national program to mitigate the potential impacts of
    renewable energy activities on NMFS scientific surveys.
        Pacific Coastal Salmon Recovery Fund (PCSRF).--TNC supports the
    request level of $65 million. PCSRF has funded hundreds of successful
    on-the-ground salmon conservation efforts, but habitat project needs
    exceed available funding. PCSRF has catalyzed thousands of partnerships
    among federal, State, local and Tribal governments and conservation,
    business and community organizations.
        Protected Resources Science and Management.--TNC supports the
    requested level of $239.965 million. Within this increase is $10
    million for the competitive Species Recovery Grants to enable the
    agency to strengthen and expand state, Tribal and territorial
    partnerships to address the growing number of listed species and allow
    for larger-scale, ecosystem-level recovery efforts. 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 the Ocean and Coasts]
                                     ______

     Prepared Statement of New England Innocence Project and the National
                               Innocence Network
        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 FY22. Thank you also for allowing me to
    submit written testimony for the record as you consider appropriations
    requests for FY23. 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:
      --$20 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);
      --$20 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 endeavor to 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 84%. This dramatic increase is in part a
    result of the decision to invest in these programs.
        2020 set the record for the highest number of years individuals
    lost to being wrongfully convicted--an average of 13.4 years per
    exoneree. More than 27,000 life years have been lost to wrongful
    incarceration. The National Registry of Exonerations currently lists
    more than 3,100 exonerations since 1989. Half of the people exonerated
    are Black, and innocent Black people spend approximately 45% 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. In fact, as a direct result of a grant from FY21, NEIP will be
    litigating its first case in New Hampshire, a State that has not
    enjoyed robust post-conviction litigation to date. 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) been able to provide more significant
    support to exonerees upon their release from prison through our
    Exoneree Network, which is lead and run by exonerees; (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; and (3) expanded our staff
    to include work on pre-trial issues that will prevent wrongful
    convictions from occurring.
        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 long
    time period, 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 375 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.
        The value of Federal innocence programs and forensic science
    research is not only for exonerated people, but for all stakeholders in
    the criminal justice system. It is important to fund these important
    Federal programs because reforms and procedures that help to identify,
    remediate, and prevent wrongful convictions also enhance the accuracy
    of criminal investigations, strengthen criminal prosecutions, and
    result in a fairer and more accountable system of justice that provides
    true justice to 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 3,100 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 50
    exonerations over the past few years with more in the pipeline.
        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, such as NEIP, 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, only a few local innocence organizations received
    Wrongful Conviction Review funding during each grant cycle. Even with
    the FY22 funding increase, there is still a need to expand this program
    further to resolve the long waiting lists of wrongfully convicted
    individuals--lists that are often hundreds of individuals long for just
    an individual innocence organization. These cases require evaluation,
    investigation, and often representation, which helps to improve the
    fairness and reliability of the criminal legal system. We urge you to
    provide $20 million for the Wrongful Conviction Review Program in FY23.
    (Please note that the Wrongful Conviction Review grant program is a
    part of the Capital Litigation Improvement Program.)
        I also urge you to include in the FY23 report for the Commerce,
    Justice, Science, and Related Agencies Appropriations bill the final
    FY22 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 to 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, and grantees
    range from State and local prosecutor offices to law enforcement
    agencies and crime labs. These grantees can collaborate with local
    innocence organizations when appropriate. For example, a grant to
    Arizona allowed the State's Attorney General's Office to partner with
    the Arizona Justice Project to create the Post-Conviction DNA Testing
    Project. This effort canvassed incarcerated individuals in Arizona,
    reviewed cases, located evidence, and filed joint requests with the
    court to have evidence released 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 54 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 previously 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 $20 million to continue and expand the work of the
    Bloodsworth Post-Conviction DNA Testing Program in FY23.
                          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 justice system. I urge you to
    support all of the aforementioned programs, including the Wrongful
    Conviction Review and Bloodsworth grant programs, as well as NIST
    forensic science research. If you have questions or need additional
    information, please contact Jenny Collier, Federal Policy Advisor to
    the Innocence Project, at jcollier@colliercollective.org.

        [This statement was submitted by Cynthia Mousseau, JD]
                                     ______

               Prepared Statement of New Hampshire Superior Court
        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 our country's nearly 4,000 treatment court
    programs and the 150,000 people they will connect to lifesaving
    addiction and mental health treatment this year alone. Given the
    ongoing substance use crisis, I am requesting that Congress provide
    funding of $95 million for the Drug Court Discretionary Grant Program
    and $29 million for the Veterans Treatment Court Grant Program at the
    Department of Justice for fiscal year 2023.
        I serve as Chief Justice of the New Hampshire Superior Court. In
    nearly two decades on the bench, I have never seen a program more
    effective than treatment courts, including drug courts and veterans
    treatment courts, at promoting public health while upholding the
    justice system's promise to protect public safety. Like many of my
    fellow judges, I felt frustrated by the limited options available in
    the traditional court model to change the behavior of offenders I was
    seeing in the court room repeatedly. When I began presiding over drug
    court in Rockingham County in 2006, I saw a new, more effective
    approach. Treatment court programs address the unique underlying
    conditions of each participant. Strong empirical evidence shows that
    treatment courts not only reduce crime, but also save lives and reunite
    families by connecting participants to evidence-based treatment
    services and recovery support. In my home state of New Hampshire,
    treatment court graduates have a 90 percent employment rate, and 78
    percent of graduates do not reoffend within 2 years. New Hampshire
    treatment courts cost $9 per day compared to $84 per day it costs to
    incarcerate someone.
        Just one of many success stories from New Hampshire is Nick, who
    was just 13 when his relationship with alcohol started. From there, he
    became more and more dependent on different substances. For a long
    time, he was able to hold down a job while trying to raise two children
    with his partner, who also struggled with addiction. But Nick's
    substance use caught up to him in 2012, when he was sent to prison for
    the first time. Nick said his time in prison hardened him, and instead
    of turning his life around, he just ``learned new tricks'' to keep up
    his old habits. After his first 2 years in prison, he turned to
    methamphetamine and heroin. He lost custody of his children and
    experienced homelessness and more stints in jail. Nick tried treatment
    but could not stay sober for long. When he came to treatment court, he
    was feeling hopeless and suicidal. The treatment court program provided
    both the accountability and the treatment he needed to change. In
    treatment court, Nick, like other participants, was assessed by a
    multidisciplinary team and given an individualized treatment plan
    designed by substance use treatment professionals using evidence-based
    methods. Instead of being put behind bars, they set a goal of and path
    to long-term recovery and supervised him every step of the way. The
    treatment court team gave Nick a new understanding of his substance use
    disorder and a real desire for change. Drug court also gave him
    something else he'd been missing: hope. I'm happy to say that Nick has
    been in active recovery for years. He got his driver's license back,
    started his own carpentry business, and got engaged. Most importantly,
    he was reunited with his two children, of whom he now has full custody.
    He is proud to be a father and says he is now ``someone who shows up,
    and who is responsible, peaceful, and kind.''
        Nick isn't alone in his success. Treatment courts have connected
    1.5 million people struggling with substance use and mental health
    disorders with evidence-based treatment options, including medication
    for addiction treatment when appropriate, tailored to their specific
    needs. Together, the court team offers the tools to overcome substance
    use disorder and past trauma to create true recovery and healthy
    relationships.
        I have seen hundreds of individuals in our justice system overcome
    their substance use or mental health disorders and became productive
    citizens in their communities. Most, like Nick, go on to start careers
    and raise families, and many now help others in the horrible position
    they were once in themselves. I can say for certain that the treatment
    court model deserves credit for the health and restored lives of these
    individuals. I can also say that New Hampshire, like many other States,
    is not immune to the deadly opioid epidemic. This crisis continues to
    bring to the fore the critical need to ensure all people, even those
    whose substance use leads to trouble with the law, have access to
    treatment, including medication for addiction treatment when
    appropriate. While there is no single solution to the opioid crisis,
    for individuals before the courts with a severe substance use or mental
    health disorder, treatment courts are a key solution to the crisis.
        There is overwhelming empirical evidence that shows the
    effectiveness of treatment court programs. The Government
    Accountability Office finds the drug court model reduces crime by up to
    58 percent. Further, the Department of Justice's Multi-Site Adult Drug
    Court Evaluation confirmed drug treatment courts significantly reduce
    both drug use and crime, while saving taxpayer money-an average of
    $6,000 saved for every individual served. Other benefits include
    improved employment, financial stability, housing, and family
    reunification. Veterans treatment courts 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
    other local, State, and Federal resources, and have proven equally
    effective. It is critical that we have interventions like veterans
    treatment court in place to ensure that when our heroes return home, if
    they do struggle, they have the treatment, structure, and support to
    transform their lives.
        Continued support for 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 those in need,
    while keeping communities safe. But we know there are many individuals
    who still need this opportunity. I strongly urge this subcommittee to
    recommend funding of $95 million to the Drug Court Discretionary Grant
    Program and $29 million to the Veterans Treatment Court Grant Program
    in fiscal year 2023 so treatment courts in New Hampshire and across the
    country can continue to save lives, reunite families, and keep our
    communities healthy and safe.

        [This statement was submitted by the Honorable Tina Nadeau, Chief
    Justice]
                                     ______

      Prepared Statement of Northwest Indian Fisheries Commission (NWIFC)
        Chair Jeanne Shaheen, Ranking Member Kerry Moran and Honorable
    Members of the subcommittee, my name is Ed Johnstone, 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 resource and fishery management program
    funding requests for the National Oceanic & Atmospheric Administration
    (NOAA)/National Marine Fisheries Service (NMFS) Fiscal Year 2023 (FY23)
    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. Given the
    onslaught of pressures we face, it is now more important than ever for
    the Federal trustee to support management, supplementation, and
    restoration of fisheries--vital to the Tribes physical, cultural and
    economic wellbeing, as well as an important link in our Nation's food
    supply chain.
                    summary of fy23 appropriations requests
      --$70.0 million plus for NOAA Pacific Coastal Salmon Recovery Fund
      --$7.0 million for NOAA Hatchery and Genetic Management Plans
      --$43.5 million for NOAA Pacific Salmon Treaty
      --$26.5 million for NOAA Mitchell Act Hatchery Programs

        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 and
    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 FY02
            levels ($110.0 million)
        We respectfully request, at a minimum, $70.0 million for PCSRF,
    which is an increase of $5.0 million over the FY22 enacted level and
    President's Budget Request of $65.0 million. It is worth noting that
    this request is a significant departure from the PCSRF peak level of
    $110.0 million in FY02 or subsequent years in which appropriations were
    maintained upwards of $80.0 million through FY11. We ultimately would
    like to see PCSRF funding fully restored to FY02 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. However, we
    understand that budget restriction may require Congress to take a more
    incremental approach toward this end goal.
        The PCSRF is a multi-State, multi-Tribe program established by
    Congress in FY00 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 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 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 11,489 miles (as of FY20) of previously
    inaccessible streams in our region.
    Provide $7.0 million for NOAA Hatchery and Genetic Management Plans
            (within NOAA--Pacific Salmon)
        We respectfully request $7.0 million to support review, approval
    and implementation of Hatchery and Genetic Management Plans (HGMPs). We
    also respectfully request continued report language to ensure funding
    passed through to the Tribes can be used to implement approved HGMPs.
    We recommend that the overarching Pacific Salmon account be funded at
    $78.0 million to accommodate this request and ensure maintenance of
    existing programs and agency requests. This recommendation is $11.0
    million above FY22 enacted level of $67.0 million and $4.858 million
    above the President's Budget Request of $73.142 million.
        Review and approval of HGMPs is necessary to provide hatcheries
    with Endangered Species Act (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.
        Implementing the activities described in the HGMPs includes
    biological monitoring and evaluation of hatchery programs. Monitoring
    and evaluation assess whether the goals of the program are being met
    and ensures the compatibility of the program with regional and co-
    management salmon recovery plans. These monitoring and evaluation
    programs generally involve various methodologies to monitor the
    juvenile fish released by the hatchery, sample the returning adult
    fish, and evaluate the interactions of hatchery and wild fish.
        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 by
    the Tribes 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
            Pacific Salmon Treaty agreements (within NOAA--Salmon
            Management Activities)
        We support the Pacific Salmon Commission (PSC) U.S. Section's FY23
    request of $43.5 million for the Pacific Salmon Treaty line within
    Salmon Management Activities, an increase of $4.0 million over the FY22
    enacted level of $39.5 million. Included in this request is $3.06
    million for annual operational costs for hatchery conservation
    programs, $2.33 million for habitat restoration for Puget Sound
    critical stocks, $4,110,000 for Southeast Alaska Chinook Salmon Fishery
    mitigation, and $4,470,000 to increase prey availability for Southern
    Resident Killer Whales.
        The FY23 request would support implementation of the National
    commitments in the renegotiated Pacific Salmon Treaty (PST) Annex
    Chapters. The recommended funding is also necessary to 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
            NOAA--Salmon Management Activities)
        We respectfully request $26.5 million for the Mitchell Act Hatchery
    Programs, an increase of $3.5 million over the FY22 enacted level of
    $22.0 million. The request for this additional increase in Mitchell Act
    funds is needed 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 42 million juvenile
    salmon and steelhead in Oregon and Washington. This represents about 30
    percent of the total hatchery salmon and steelhead released in the
    Columbia River Basin. 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.
                                   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 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 ecosystems and economies for
    both Indian and non-Indian communities alike. Thank you.

        [This statement was submitted by Ed Johnstone, Chairman]
                                     ______

                       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 2023 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.
        The Justice Department Inspector General's 2016 ``Audit of the
    National Security Division's Enforcement and Administration of the
    Foreign Agents Registration Act'' \1\ included 14 recommendations to
    improve NSD's enforcement and administration of FARA. With regard to e-
    filing, the inspector general report recommended ``that e-file develop
    with timeliness as a consideration.''
        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.
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        \1\ https://oig.justice.gov/reports/2016/a1624.pdf.
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        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.
        The current e-filing system requires filers to submit data in
    either image or PDF formats. Yet, much of the supplemental,
    registration, and amendment information is originally produced in
    electronic formats, such as CSV files. Image and PDF formatted files
    destroy critical aspects of the included data, and cannot be marked for
    sensitive information or be used for automated calculations. It is
    virtually impossible to transform a PDF into a structured spreadsheet
    that supports analysis and reuse of the information. Even the basic
    disclosure of how much money foreign actors spend to influence U.S.
    policy and public opinion can be obscured, leaving the American public
    in the dark about how our laws are shaped and influenced.
        The DOJ FARA unit should continue developing systems for users to
    submit information in structured data formats. A sample template could
    allow registrants to standardize their responses in formats that could
    easily be processed by computers. This would streamline the processing
    of data by the FARA Unit, enabling faster review and more uniform
    reporting.
        Structured data yielded from e-filing could optimize this process,
    improving the quality, utility, and clarity of information collected by
    the FARA Unit. Structured data would also enable Federal officials to
    more efficiently identify potential issues with filings as they come in
    or even set automated detection systems.
        Examples of problems that would be ameliorated by this change
    include the accidental release of sensitive personal information such
    as bank account numbers and the prevalence of inaccurate reports to
    Congress caused by miscalculations or incomputable data.
        Registrants working on behalf of foreign principals are only
    required to file a supplemental statement every 6 months and
    registrants often wait even longer so reported dates of receipt can
    sometimes occur in a different year than the work happened.
        Structured data on the payment amounts registrants report in
    question 14(a) of the supplemental statement shows when the payments
    actually took place rather than just the date at the end of the
    reporting period covered by the supplemental statement. This would
    ensure totals reflect amendments or retroactively filed supplemental
    statements that may be filed after the Report to Congress covering a
    period is compiled would allow for a more complete and accurate picture
    of activities reported under FARA. Sometimes amendments result in a
    lower amount of spending being reported than was in the initial
    supplemental statement and other times additional previously unreported
    spending is reported so it could cause differences in both directions.
        Cataloging information about the purpose of receipts or
    disbursements in the structured data would streamline extrication of
    activities required to be reported under FARA from any non-FARA
    registerable activities that may also be included in a filing.
        While it is a simpler system, by way of comparison, new
    registrations under the LDA must be filed to Congress electronically,
    are published as structured data, and made available to the public.
    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.
        We recognize the importance of addressing concerns about
    information security as part of modernization. A computer virus can
    hide inside most types of file formats.
        When accessing those files, it is important to have an up-to-date
    virus scanner. However, there are file formats, known as ``plain-
    text,'' that are generally recognized as safe. For spreadsheets, this
    includes files in CSV format. For documents, this includes documents in
    TXT format. In addition, generating spreadsheets as CSV files, and
    documents as TXT files, is widely supported across many platforms,
    including Microsoft Office and Google Docs, so it is easy for
    submitters to generate the files in the required format. In addition,
    problems of incomplete and inaccurate data can be addressed through use
    of better formats in which the data is filed, including the use of
    forms that ensure that users file valid information.
        Increased use of unique or common identifiers to represent data,
    and wherever possible draw the identifiers from unique IDs used by
    other government entities or create crosswalks would allow for more
    interoperability of data and for FARA Unit to validate the data upon
    entry. It can also increase consistency and accuracy, while making the
    process easier on the filer.
        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.
        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.
                                     ______

              Prepared Statement of the Pacific Salmon Commission
        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 is for the programs to fulfill national commitments created by
    the revised Treaty Annex Chapters. The U.S. Section recommends FY 2023
    funding of $43,500,000 to implement national commitments created by the
    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 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 increases in the FY 2020 budget and in the FY 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 FY 2023. This line item includes $21,400,000
    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 $3,060,000
    for hatchery conservation programs and $2,330,000 for habitat
    restoration for Puget Sound critical stocks, $5,990,000 for Southeast
    Alaska Chinook Salmon Fishery Mitigation, and $4,470,000 to increase
    prey availability for Southern Resident Killer Whales. The recommended
    funding includes $6,250,000 for sound science initiatives to fill key
    science gaps and improve fishery management effectiveness. The
    recommended funding helps meet requirements of the biological opinion
    for species listed as endangered or threatened under the Endangered
    Species Act.
        The sound science funding includes 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 twenty-five 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 FY 2022 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 $475,000 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 FY 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 international 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 for the last
    three Federal fiscal years 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 require commitments to increase
    efforts to improve upon current management strategies for numerous
    salmon populations.
        Finally, it is important to consider 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 U.S.
    Section estimates these fisheries support 26,700 full-time equivalent
    jobs and generate $3.4 billion in economic value annually. The value of
    these fish to the twenty-five 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.
                                     ______

            Prepared Statement of Partnership for America's Children
    Dear Chairs Shaheen and Cartwright, and Ranking Members Moran and
    Aderholt:

        On behalf of the Partnership for America's Children, I am writing
    to urge you to provide $2 billion in FY 2023 funding for the U.S.
    Census Bureau, $495 million more than the Administration's proposed
    budget, and $646 million above the enacted FY 2022 level. Our support
    for this funding level is consistent with the position taken by The
    Census Project; we have also signed a group letter circulated by The
    Census Project concerning Census Bureau funding. I am submitting this
    testimony separately to emphasize the importance of this funding for
    children.
        The Partnership's mission is to support its network of State and
    community multi-issue child advocacy organizations in effective
    advocacy. The Partnership has 49 member organizations in 40 States that
    advocate to improve policies for children at the State, local and
    Federal level. Collectively they represent over 90% of the Nation's
    children. Partnership members use Census data in their advocacy, and
    thirty Partnership members are also KIDS COUNT grantees in their state,
    serving as that State's data hub on children for policy makers,
    administrators, and nonprofits.
        The Partnership for America's Children served as the National hub
    on the undercount of young children in the 2020 Decennial Census. In
    this role the Partnership formed and continues to co-lead a national
    working group of child-serving organizations that is working to improve
    the count of young children in all Census Bureau demographic products.
        We are aware that funding for over 300 Federal spending programs is
    distributed based on figures compiled from the decennial census and
    other Census Bureau surveys, totaling $1.5 trillion in FY 2017. Many of
    the programs utilizing these funds are especially important for
    children. Examples include Medicaid and community health programs, SNAP
    and child nutrition programs, housing, education and special education,
    child care funding, WIC, and much more.
        Because the 2020 Census was beset by problems, the Bureau has
    reported that the undercount of young children, particularly young
    children of color, is dramatically higher than it was in 2010. Since
    young children were the age group most missed in 2010, and the number
    of young children missed has been growing steadily since 1980, this is
    very problematic for many of the purposes of the decennial census and
    particularly for funding allocation.
        Therefore, it is vitally important that the Census Bureau do all it
    can to improve the accuracy of the count for young children, so that
    children most in need get their fair share of resources. The Census
    Bureau needs to invest in a number of approaches to compensate for the
    2020 Census' inaccuracies, and to work towards a more accurate 2030
    Census, to prevent inequitable distribution of Federal funds.
        The Bureau has developed a blended base approach to the population
    estimates that are used to allocate some Federal funds and to design
    the American Communities Survey which is also used to allocate Federal
    funds. This approach is intended to correct the undercounts in the 2020
    census, but more research is needed. We support $10 million in
    additional funding beyond the President's request for the Population
    Estimates program, in order to mitigate the undercount in the 2020
    Census. The annual Population Estimates can be used to better estimate
    the count for young children and racial and ethnic subgroups in
    geographic areas below the state level, and to identify new data
    sources that would improve the accuracy of the count.
        The Partnership also supports a significant increase in funding for
    the American Community Survey of $100--$300 million beyond the
    Administration's request, to increase the ACS's sample size and to
    address its declining response rates. We believe the ACS needs to be
    expanded in order to be an accurate annual measure of income, poverty,
    and many other subject areas. Of particular importance for children, it
    needs to be expanded to be able to provide subgroup data including
    different age groups for children and data about smaller racial and
    ethnic groups within those age groups. We support the Administration's
    request for increased funding to improve the Current Population Survey
    and other Census products, and strongly favor the continuation of the
    Household Pulse survey for its timely responsiveness in showing levels
    of hardship and program utilization for children. It has been
    particularly important in showing the value of various Federal policies
    in reducing hardship for children.
        The Partnership supports the Administration's requests for
    continued compilation of 2020 decennial data products and for a much
    higher increase for the 2030 Census than was provided in the FY 2013
    year for the 2020 Census. We believe that much work must be done to
    learn from the mistakes of the 2020 Census and to incorporate the
    participation of non-federal partner groups at an earlier stage in the
    process, to allow for a more effective ramp-up of outreach activities
    to overcome decreasing response rates. The Partnership has been and
    remains a Census partner and believes the outreach by independent
    organizations helps build trust among community members who tend to be
    undercounted.
        Thank you for considering the needs of the Census Bureau in
    relation to its vital role in assuring that Federal resources are
    fairly and accurately provided, with special attention to the needs of
    children. If you have any questions you can reach me at
    dstein@foramericaschildren.org.

    Sincerely,
    Deborah Stein, Network Director
                                     ______

    Prepared Statement of Population Association of America/Association of
                               Population Centers
        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, National Science Foundation
    (NSF), National Institute of Justice (NIJ), and Bureau of Justice
    Statistics (BJS). These agencies are important to the Population
    Association of America (PAA) 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 FY 2023, we urge the subcommittee to recommend the
    following funding levels for these agencies: Census Bureau, $2 billion;
    NSF, $11 billion; NIJ, $50 million; and, BJS, $60 million.
        The PAA and APC are two affiliated organizations that together
    represent over 3,000 social and behavioral scientists and the over 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
    NIJ and rely on data produced by the Nation's statistical agencies,
    including the Census Bureau and BJS, 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 FY
    2023 above the Administration's request as recommended by The Census
    Project. In FY 2023, 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 FY 2023 funding
    recommendation ($2 billion) that census stakeholders are supporting
    would enable the Bureau to purse initiatives not only in the
    President's budget, but also additional activities recommended by
    census stakeholders, including:
      --The American Community Survey.--While the President's budget
            requests an additional $10 million to improve how the ACS
            measures the sexual orientation and gender identity (SOGI)
            population, census stakeholders and data users in the public,
            private, non-profit sectors believe the ACS needs an immediate
            infusion of substantial funding to pursue other long overdue
            enhancements to the survey. These enhancements include
            increasing the survey's sample size, improving its non-response
            follow up operations, addressing steadily declining response
            rates, revising content, and making other methodological and
            operational improvements. An independent report issued in 2022
            by The Census Project urges an infusion of $100 to $300 million
            to protect the ACS from further data quality deficiencies and
            take up a long list of activities to ensure the survey is
            accurately capturing data about the Nation's increasingly
            complex population and households. PAA and APC support the
            report's recommendations and urge the Committee to provide the
            Bureau with additional funding to pursue necessary innovations
            to the survey's content, operations, and data products.
      --2030 Census.--The President's Budget proposes $252 million for the
            2030 Census in FY 2023 (a $249 million increase from only $3
            million in FY 2022). This is nearly twice the increase
            requested a decade ago for the 2020 Census in the comparable
            cyclical year (FY 2013) ($64.8 million), as the Bureau intends
            to continue research and testing to design the next decennial
            headcount, including work to develop and maintain the
            completeness of the address list (so that less of the country
            must be updated in the field), the use of administrative
            records as a source of data for enumeration, and bringing
            efficiencies to field operations to reduce non-response follow
            up. Early decade investments in the decennial census will allow
            the Bureau to sustain critical capabilities and, as a result
            reduce the risk of additional funding needs in the peak years
            later in the decade.
      --Modernize and Sustain the Survey of Income and Program
            Participation (SIPP).--Policymakers, particularly as the
            economy emerges from the COVID-19 pandemic, need high quality,
            accurate data to assess the impact of government assistance
            programs on families and communities. The Survey of Income and
            Program Participation (SIPP) is designed to achieve that goal,
            yet its funding has fluctuated routinely, especially during
            years in which the government has been funded via a series of
            continuing resolutions. Stabilizing and increasing support for
            SIPP, to no less than $48 million in FY 2023--an increase of
            $1.4 million from FY 2022 enacted ($46.6 million)--will help
            Congress make evidence--based policy decisions on the
            effectiveness of government assistance program. However,
            additional funding for SIPP would enable the Bureau to pursue
            necessary innovations designed to enhance the survey's sample,
            address decreasing response rates, and improve the survey's
            content. Restoring minor cuts to the SIPP program does not
            provide the resources necessary to modernize the survey and its
            operations. A bolder investment in the survey is warranted.
      --Innovations to Existing Surveys and Programs.--The President's
            fiscal Year 2023 budget proposes several initiatives that would
            improve existing surveys and programs, including: $4.5 million
            to develop and test a self-response web-based instrument for
            the Current Population Survey (CPS), which is the primary
            source of information regarding national unemployment rate and
            provides other data regarding employment, unemployment, and
            people not in the labor force; an additional $3.7 million to
            support the Community Resilience Estimates (CRE) program, which
            began during the pandemic to provide more granular population
            data; and, an additional $66.6 million to support ``critical
            updates to data collection methods for surveys that produce
            vital statistical data on the U.S. population and economy.''

        In sum, PAA and APC join other census stakeholders in urging the
    subcommittee to provide the Census Bureau with $2 billion in FY 2023 to
    complete all 2020 Census operations and data delivery objectives;
    enhance the ACS, initiate planning for the 2030 Census; improve the
    SIPP; and, enrich the quality and granularity of all census data sets.
                       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, and in particular the Directorate of Social, Behavioral and
    Economic (SBE) Sciences, which is the primary source of support for the
    population sciences within the NSF. The SBE Directorate funds critical
    large-scale longitudinal surveys, such as the Panel Study of Income
    Dynamics, which 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 about 27 percent of all federally
    supported basic research conducted by America's colleges and
    universities, including basic behavioral and social research. However,
    the SBE Directorate funds approximately 65 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 FY 2023
    budget request, $10.5 billion, which represents a 19 percent increase
    in funding over the FY 2022 enacted level. Moreover, the budget request
    envisions an allocation for SBE of $330 million, which would represent
    a historical high-water mark for this directorate, and an estimated
    increase of one-third over what we anticipate the FY 2022 allocation
    will be. We note that the PBR indicates that SBE priority investments
    include climate change research and a boost to the National Center for
    Science and Engineering Statistics (NCSES), which plays a key role in
    the development of the National Secure Data Service. 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 note that efforts are currently underway in Congress to reach
    bi-cameral agreement on legislation to advance translational and
    interdisciplinary research, emerging technologies, and public-private
    partnerships. Meanwhile, NSF has launched a new Technology, Innovation
    and Partnerships (TIP) directorate in anticipation of, and to dovetail
    with, enactment of this legislation. We urge the Committee to continue
    to ensure that funding for the TIP will not come at the expense of
    other, existing directorates.
        We urge Congress to accelerate the growth of NSF's budget by
    providing NSF with at least $11 billion in FY 2023. 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 FY 2023 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.
         bureau of justice statistics and national institute of justice
        After years of declining budgets, PAA and APC are participating in
    the new Office of Justice Programs Research and Statistics Coalition to
    raise awareness about the Bureau of Justice Statistics (BJS) and
    National Institute of Justice (NIJ). Both agencies are important
    sources of data and funding for population scientists conducting
    research on topics such as prisoner reentry, the social and
    environmental dynamics of health and crime, and the effects of
    incarceration across the lifespan. The coalition's recommendations,
    which PAA and APC support, would provide BJS with $60 million and NIJ
    with $50 million in FY 2023.
        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 Research!America
        Research!America appreciates the opportunity to submit testimony
    for the record regarding the FY23 Commerce, Justice, Science and
    Related Agencies appropriations deliberations. 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 2023 (FY23) allocations, we urge that the subcommittee
    allocate at least $11 billion to the National Science Foundation in
    FY23, an increase of 20% over FY22, to advance the frontiers of
    research, deliver the benefits of research to society, develop STEM
    talent, and secure global leadership in science and engineering (S&E).
        The NSF's strategic plan aligns with several national priorities,
    including pandemic response, global economic competitiveness, racial
    equity, and addressing climate change. Allocating robust funding for
    NSF is a sound strategy for advancing the United States' strategic
    interests in an ever-more complex international landscape and meeting
    the aspirations of the American people.
                               what nsf provides
        The NSF invests in S&E at over 2,000 funded academic institutions
    in all 50 States, the District of Columbia, and three U.S. territories.
    Research topics include important national priorities such as advanced
    manufacturing, infrastructure resilience & sustainability, innovations
    in AI decision-making, cybersecurity, and data analytics, among others.
    The NSF allocates 94% of its budget to research projects, facilities,
    and STEM education, which supported over 300,000 students, postdoctoral
    fellows, researchers, trainees, and teachers in 2019. Since its
    inception in 1950, the NSF has supported more than 248 Nobel Prize
    winners, including six Nobel Laureates in 2019 alone. Continued NSF
    investments will fuel our economy for decades to come while producing
    high-paying jobs for American workers, improving American prosperity
    and quality of life, and enhancing national security.
    NSF is at the Forefront of Research and Innovation
        The NSF supports a broad spectrum of research and innovation in
    basic science, engineering, and STEM learning research, and it actively
    seeks research proposals for new tools, advanced instrumentation, data
    analysis, computation, and novel facilities. Furthermore, the NSF
    fosters a culture of smart risk-taking, looking for potentially high
    rewards that justify taking risks. For instance, the SARS-CoV-2
    pandemic highlighted the need for more research on prediction and
    mitigation of current and future pandemics. It also demonstrated the
    need for research on remote distributed work and remote learning. NSF-
    funded researchers rapidly mobilized to conduct research that led to
    the development of the COVID Information Commons (CIC), an interactive
    platform that consolidated in one place information on the full range
    of COVID-related awards made by NSF. This tool and platform enabled
    researchers from all disciplines to efficiently search for information
    and discover linkages among highly varied, yet often complementary,
    efforts. This progress would not have been possible without NSF
    investment.
    NSF is Essential to Training the Next Generation of American Scientists
            and Innovators
        The U.S.'s global leadership is directly tied to its strength in
    the fields of Science, Technology, Engineering, and Mathematics (STEM).
    The NSF cultivates future American leaders in these strategically
    important disciplines. Since 1952, the NSF has supported more than
    60,000 students through Graduate Research Fellowships and has provided
    grant support to thousands of postdoctoral fellows and young
    investigators.
        NSF investments have also sustained and enhanced U.S.
    competitiveness on a global stage. In partnership with other sectors,
    the NSF has supported S&E research and innovation that has led to the
    development of breakthrough technologies and solutions to national and
    societal problems. This includes the new Technology, Innovation, and
    Partnerships (TIP) Directorate, which will enable the NSF to focus
    cross-disciplinary expertise and foster cross-sector partnerships to
    develop solutions at speed and scale. TIP will build on successful
    innovation programs such as the NSF Convergence Accelerator, as well as
    the world-leading Lab-to-Market Platform, which spans the NSF
    Innovation Corps, Partnerships for Innovation, Small Business
    Innovation Research and Small Business Technology Transfer programs.
        Research!America appreciates the complex task facing the
    subcommittee as it seeks to prioritize funding in a manner that best
    serves the American people, and we thank you for your continued
    leadership and consideration of our funding request. Please call on us
    if we can be of any assistance.

    Sincerely,

    Mary Woolley
    President and CEO
                                     ______

                Prepared Statement of The Sea Grant Association
        The Sea Grant Association (SGA) recommends Congress appropriate
    $140 million in FY 2023 for the National Oceanic and Atmospheric
    Administration's National Sea Grant College Program (Sea Grant) and $18
    million for Sea Grant Aquaculture Research. Sea Grant is funded through
    appropriations to NOAA's Office of Oceanic and Atmospheric Research in
    the Operations, Research, and Facilities account.
        The SGA recommendation of $140 million for Sea Grant is roughly
    equal to the total amount the Sea Grant program is managing in FY 2022
    when one factors in funding provided in the Consolidated Appropriations
    Act, 2022 (Public Law 117-103) ($76 million for Sea Grant and $13.5
    million for Sea Grant Aquaculture) and the Infrastructure Investment
    and Jobs Act (Public Law 117-58) ($50 million for marine debris). The
    SGA's request includes funding to expand Sea Grant's capacity to
    address coastal resilience issues.
        Sea Grant consists of a network of 34 university-based programs and
    has supported coastal and Great Lakes communities through research,
    extension, and education for over 50 years. SGA is a nonprofit
    association made up of the academic institutions participating in the
    program dedicated to furthering Sea Grant's vision, mission, and goals.
    The SGA advocates for greater understanding, use, and conservation of
    marine, coastal, and Great Lakes resources.
        Sustained, bipartisan congressional support for the program led to
    the enactment of a 5-year reauthorization, the National Sea Grant
    College Program Amendments Act of 2020 (Public Law 116-221). The
    legislation identified several priority activities for FY 2021-2025--
    including coastal resilience and sustainable aquaculture--and
    authorized additional funding for competitive grants in these areas.
    The request made in this testimony would provide the resources
    necessary for Sea Grant to meet those programmatic objectives.

    Justification for the FY 2023 SGA Request for Sea Grant
        Throughout its 50-year history, Sea Grant has supported coastal
    communities, focusing on healthy coastal ecosystems, sustainable
    fisheries and aquaculture, resilient communities and economies, and
    environmental literacy and workforce development. However, the demand
    for services now outweighs existing capacity and resources. Additional
    funding would allow Sea Grant to better serve more diverse
    constituencies, including economically disadvantaged groups, land/
    property owners, businesses, Tribes, state/local planners, engineers,
    community leaders, fisheries coalitions, developers, and citizen
    community groups. SGA makes the following recommendations so that it
    can have the capacity to meet the needs of our coastal communities:
    National Sea Grant College Program (Sea Grant): $140 million
        Sea Grant Resilient Coasts Initiative.--The last several years have
    brought unprecedented challenges to our Nation, from the ongoing human
    health crisis to increasing natural disasters. For those living in
    coastal areas-which is more than 40 percent of the United States'
    population--the 2022 hurricane season is expected to again pose a
    significant threat, with predictions indicating another above-average
    season with 16-22 named storms and nine hurricanes, four to five of
    which are expected to be major ones. It is imperative that coastal
    communities have the resources to prepare for, mitigate the effects of,
    and recover from such events, as well as the many other challenges
    these communities face, including coastal inundation and erosion, oil
    and chemical spills, and harmful algal blooms.
        Specifically, the funding requested in FY 2023 would enable a focus
    on capacity building to support recruitment of additional resilience
    extension, communication, or education staff in each State Sea Grant;
    to provide funding for a State-based national Sea Grant resilience
    coordinator; and to enable research, engagement, decision support, and
    implementation to support local State-based research, training,
    technical assistance, and coordination that enhance community
    resilience.
        Racial Equity and Inclusion.--Sea Grant invests heavily in its
    people: those in its workforce and those in the communities they serve.
    There is more that must be done to ensure the Sea Grant workforce is
    representative of the broader communities they work with across the
    Nation and that underserved and underrepresented communities are not
    overlooked when addressing coastal issues.
        Sea Grant already has long-standing and trusted relationships with
    local, Tribal, and indigenous communities that depend on the coastal
    and marine environment for livelihood and substance and whose cultures
    are deeply tied to it. Funds appropriated for FY 2023 would advance
    innovative initiatives to further connect to, learn with, and empower
    historically marginalized communities by supporting research, training,
    mentorship, and fellowship opportunities supporting underserved and
    underrepresented communities.
    Sustainable Aquaculture: $18 million
        Enhancing Sea Grant's aquaculture program will enable local farmers
    to produce sustainable seafood for the growing population while also
    helping lessen our Nation's seafood trade deficit, which was over $16.9
    billion in 2019. In FY 2020, Sea Grant turned a $13 million
    appropriation into over $80 million in economic impact, creating or
    sustained over 1,000 aquaculture-related jobs and over 400 related
    businesses.
        Sea Grant's work around aquaculture includes support and assistance
    to those across the food chain. The program supports research,
    education, and workforce development on issues of importance to State
    and local communities, including farm siting and permitting, production
    technologies, seafood safety and quality, environmental risks, user
    conflicts within coastal communities and working waterfronts, animal
    welfare, and food security. Through research and extension services,
    Sea Grant assists in increasing sustainable domestic production of
    currently farmed and promising new species through improvements in
    feeds and feeding practices, reproduction, larval rearing and genomics,
    and animal health and through growing adaptations to changing
    environmental conditions. Sea Grant conducts research and provides
    technical assistance and outreach to aquaculture producers, resource
    managers, scientists, and consumers to ensure the safety and quality of
    sustainably cultured seafood products. Finally, Sea Grant also provides
    aquaculture literacy programs for the next generation of farmed seafood
    producers through K-12 education. The funding requested for FY 2023
    would expand the Sea Grant aquaculture program, further enabling
    farmers to produce sustainable seafood that competes with imports and
    provides a safe and nutritious source of protein.
    Examples of Recent Sea Grant Accomplishments
      --Alaska Sea Grant is funding a project to help communities adapt and
            respond to the changing climate, with a goal of providing
            communities in Bristol Bay with specific data to inform build
            solutions and to budget and apply for grant funds\1\.
      --Connecticut Sea Grant, with National Sea Grant Law Center and state
            Bureau of Aquaculture, developed a best practice guide for
            regulating raw seafood for human consumption and developed the
            first domestic public health hazards guide for seaweed
            aquaculture\2\.
      --Mississippi-Alabama Sea Grant Consortium awarded the first Clean
            and Resilient Marina certification to Saunders Yachtworks for
            its best management practices to protect and promote clean
            water and to reduce water pollution\3\.
      --New Hampshire Sea Grant partnered with oyster growers to provide
            financial relief and to encourage participation in research and
            conservation, which provided immediate economic relief for
            growers during the pandemic and explored alternate revenue
            streams to help oyster growers build economic resilience\4\.
                              concluding thoughts
        The Sea Grant Association is grateful for the long-standing
    consistent support this subcommittee has provided the program. Our ``on
    the ground'' efforts in coastal resilience, sustainable aquaculture,
    and other key Sea Grant objectives could not happen without the
    guidance and support this subcommittee and the rest of the Congress has
    provided over the years. The Sea Grant Association's request for the
    National Sea Grant College Program of $140 million, while more than the
    amount requested by the Administration for FY 2023, is similar to the
    request the Administration submitted in FY 2022 and is close to the
    total amount the Congress has entrusted Sea Grant to manage in FY 2022
    when one views the program through the lens of the omnibus
    appropriations act and the Infrastructure Investment and Jobs Act.
        Thank you again for your time and for your consideration of this
    request. SGA would be happy to answer any questions or provide any
    additional information.
    ---------------------------------------------------------------------------
        \1\ A. Gore, ``Storm-related data help Bristol Bay communities plan
    for change,'' 2022, available at: https://alaskaseagrant.org/2022/04/
    26/storm-related-data-help-bristol-bay-communities-plan-for-change/.
        \2\ Sea Grant Connecticut Annual Report, 2021, available at:
    https://seagrant.uconn.edu/wp-content/uploads/sites/1985/2022/02/
    2021.AR--.webversion.pdf.
        \3\ K. Maghan, ``Saunders Yachtworks named Alabama's first clean
    and resilient marina,'' 2021, available at: https://masgc.org/news/
    article/saunders-yachtworks-named-alabamas-first-clean-and-resilient-
    marina.
        \4\ New Hampshire Sea Grant, ``NH oyster COVID relief and
    restoration,'' 2021, available at: https://seagrant.unh.edu/blog/2021/
    12/nh-oyster-covid-relief-restoration.

        [This statement was submitted by Dr. Susan White, President]
                                     ______

               Prepared Statement of Seattle Indian Health Board
        Chair Shaheen, Ranking Member Moran, and members of the Senate
    Committee on Appropriations--Subcommittee on Commerce, Justice,
    Science, and Related Agencies, my name is Esther Lucero. I am Dine, of
    Latino descent, and third generation in my family living outside of our
    reservation, I strongly identify as an urban Indian. I serve as the
    President & CEO of the Seattle Indian Health Board (SIHB), one of 41
    Urban Indian Organizations (UIO) nationwide. I have had the privilege
    of serving SIHB for 6 years and have been providing congressional
    testimonials for the past 4 years. I am honored to have the opportunity
    to submit my testimony today requesting the Department of Commerce
    appoint a Senior Advisor for the Office of Native American Affairs.
        SIHB is an Indian Health Service (IHS)-designated UIO and a Health
    Resource and Service Administration (HRSA) 330 Federally Qualified
    Health Center, which serves nearly 5,000 AI/AN living in the Greater
    Seattle Area in Washington state. Nationwide, UIOs operate 74 health
    facilities in 22 States and offer services to over 5.4 million AI/AN
    people in select urban areas. As a culturally attuned service provider,
    we offer direct medical, dental, traditional health, behavioral health
    services, and a variety of social support services on issues of gender-
    based violence, youth development, and homelessness. We are part of the
    Indian healthcare system and honor our responsibilities to work with
    our Tribal partners to serve all Tribal people, wherever they may
    reside.
        We are home to a Tribal public health authority, Urban Indian
    Health Institute (UIHI), 1 of 12 Tribal Epidemiology Centers (TEC) in
    the country and the only TEC with a national purview- serving both
    rural and urban AI/AN's. For over 20 years, UIHI has managed public
    health information systems, managed disease prevention and control
    programs, communicated vital health information and resources,
    responded to public health emergencies, and coordinate these activities
    with other public health authorities and UIO's nationwide. Due to a
    lack of access to disease surveillance data, UIHI released the only AI/
    AN COVID-19 Data Dashboard,\1\ utilizing the over 45 UIO service areas
    providing direct service to communities combating COVID-19.
    ---------------------------------------------------------------------------
        \1\ Urban Indian Health Institute (April 2022) COVID-19 Among
    American Indian/Alaska Natives. Retrieved from: https://www.uihi.org/
    covid-19-data-dashboard/.
    ---------------------------------------------------------------------------
      economic investments in indian country by the department of commerce
        To advance economic wellbeing of AI/AN populations, the Department
    of Commerce previously maintained the appointment of a Senior Advisor
    for Native American Affairs. Today, in lieu of a Senior Advisor, the
    Department of Commerce holds multiple Tribal liaison positions. I
    believe this is insufficient to meet the economic demands of Indian
    Country. I insist a Senior Advisor be appointed to: lead the
    coordination and communication of AI/AN issues with Tribes, Tribal
    organizations, and UIOs; implement the department's Tribal Consultation
    Policy Plan, and; guide combined efforts of the Federal Government,
    Tribal governments, and private sectors to promote economic growth for
    Tribes, UIOs, and AI/AN people nationwide.
        To increase economic advancement in Indian Country, we also request
    the Department of Commerce support economic advancement initiatives for
    marginalized communities with funding through the Economic Development
    Administration (EDA), Minority Business Development Agency (MBDA), and
    the U.S. Census Bureau. Economic advancement for AI/AN populations can
    be achieved through investing in healthcare, education, housing, and
    supporting economic sustainability of AI/AN communities. Economic
    advancement can also be achieved through budgetary earmarks and grant
    carve outs support AI/AN populations. SIHB encourages the use of the
    Federal statute language of Tribes, Tribal organizations, and urban
    Indian organizations as defined by 25 U.S.C. Sec. 1603.
        A persistent barrier for Indian Country's economic development is
    Federal dollars not reaching urban AI/AN communities in the intended
    amount. For example, the Department of Commerce's Federal funding can
    be channeled through State and local governments before being allocated
    community-based organizations, like SIHB and UIHI. Due to indirect
    State and local administrative processes, reduced funding is allocated
    to community-based organizations to implement Federal initiatives. To
    increase funding for community-based organizations, Federal agencies
    need to combine resources and provide direct funding to UIOs and BIPOC
    organizations conducting Federal initiatives. Together, we can properly
    channel Federal dollars to foster economic empowerment and advancement
    in Indian Country.
                 economic inequities effecting ai/an livelihood
        The Commission on Civil Rights documented the history of unmet
    Federal obligations to Tribal nations in a report titled Broken
    Promises,\2\ which included lack of investment to improve Indian
    Country's economic wellbeing. In alignment with Executive Order 13985:
    Advancing Racial Equity and Support for Underserved Communities Through
    the Federal Government and the Department of Commerce's Strategic Goal
    2: Fostering Inclusive Capitalism and Equitable Economic Growth, we
    request the Department of Commerce strategize and evaluate
    opportunities to promote economic growth within AI/AN communities both
    on and off Tribal territories.
    ---------------------------------------------------------------------------
        \2\ U.S. Commission On Civil Rights (December 2018). Broken
    Promises: Continuing Federal Funding Shortfall for Native Americans.
    Retrieved from: https://www.usccr.gov/files/pubs/2018/12-20-Broken-
    Promises.pdf.
    ---------------------------------------------------------------------------
        Economic growth of AI/AN people has been stunted due to social
    determinants of health impacting economic outcomes, resource extraction
    on Tribal lands, and limited funding for AI/AN communities. AI/AN
    populations have the highest poverty rate among all minority groups and
    nationally, 22.7% of urban AI/AN people live in poverty compared to
    6.9% for Non-Hispanic White (NHW) populations.\3\ Additionally, nearly
    one in six AI/AN families live in poverty, which is 4.8 times the
    proportion of NHW families.\4\ Of our relatives (patients) served at
    SIHB, 84% fell 200% below the Federal poverty level (FPL). Poverty can
    limit a family's access to health services, nutrition, quality housing
    options, and economic opportunities to build wealth and assets.
        The social and economic consequences of poverty are inextricably
    connected to health outcomes.\5\ In the Nation, Medicaid is a major
    source of financing maternal and infant health with 42% of all births
    covered by Medicaid.\6\ Of our relatives served at SIHB, 54.8% are on
    Medicaid/Children's Health Insurance Program, 10.7% are on Medicare,
    5.3% are dual eligible, and 19.4% are uninsured. As the President and
    CEO of a UIO offering health and human services, I recognize our
    relatives have limited resources and accessibility to the services they
    need, which is why I adamantly increase our wraparound services with
    nutrition, behavioral health, gender-based violence, and homelessness
    investments.
        To address economic discrepancies children born under Medicaid
    experience in their lifetime, Washington State is leading economic
    equity policy initiatives through the proposed Future Fund Trust which
    will aid children born under Apple Health Coverage with $3,000 upon
    reaching 18, to spend on higher education, housing payments, and
    business initiatives. Nationally, Senator Booker has introduced the
    American Opportunity Accounts Act which provides children with $1,000
    savings account upon birth with annual contributions up to $2,000
    depending on a family's income. These types of initiatives provide
    economic empowerment to children potentially affected by inter-
    generational poverty and can support their access to education,
    housing, and health services to improve their wellbeing.
        SIHB has taken steps to support financial capital of AI/AN
    populations by providing career advancement opportunities for urban AI/
    AN through healthcare workforce development. Nationally, 20.5% of AI/AN
    people aged 25 and older in UIO service areas did not complete high
    school or pass the General Education Development (GED) exam compared to
    the 5.5% of Non-Hispanic White population.\7\ SIHB's workforce
    development program currently supports 6 family medicine residents, 6
    public health interns, and 4 Master of Social Work program students. Of
    our 6 family residents, 4 identify as AI/AN and recent graduation rates
    show 80% of our previous residents go on to work in communities of
    color and 50% go on to work in Native communities. These types of
    training programs increase AI/AN representation in healthcare provider
    positions, support financial capital built by AI/AN professionals, and
    improve economic equity amongst AI/AN populations.
        u.s. census and american indian and alaska native representation
        The most recent 2020 U.S. Census reported the largest increase in
    AI/AN representation, thanks, in part, to trusted community messengers'
    educating and incentivizing accurate and appropriate data collection
    practices for Tribal community members. Key census findings reported
    that 76% of AI/AN populations reside outside of Tribal regions, within
    urban areas.\8\ King County, the 13th most populous county in the
    Nation,\9\ has a population of over 39,000 AI/AN's residing in the
    region.\10\ Coinciding with the Department of Commerce Strategic
    Objective 4.1, we support increased funding for culturally attuned data
    collection practices on AI/AN populations to better document existing
    social determinants of health in our community and ensure Federal
    resources reach our AI/AN populations to address systemic inequities.
        UIHI supported the 2020 Census by partnering with 42 health centers
    to award subcontracts for organizations to promote the National `We
    Count' campaign and strengthen AI/AN participation in the census.\11\
    Additional efforts included UIHI partnering with other Indian
    healthcare providers and Native leaders to produce culturally attuned
    media, educational campaigns, and monetary incentives to encourage
    participation in the `We Count' census campaign. These national
    community-based efforts resulted in an 86.5% increase in the AI/AN
    population from the 2010 Census.\12\
        To build upon 2020 Census efforts, increased investments into
    improving data collection practices are needed to accurately report on
    social demographics of AI/AN populations. Previous Census barriers to
    report accurate AI/AN population statistics include lack of community-
    based resources, technological limitations, and general mistrust from
    the community. Inaccurate reporting leads to government agencies
    undercounting AI/AN populations and misinterpreting AI/AN social
    demographics, which drastically impacts the allocation of resources and
    funding reaching Indian Country.
        Taken collectively and intentionally implemented, these requests
    will help address barriers to economic development impacting AI/AN
    populations. Together, we can advance economic well-being for Indian
    Country and support equity across BIPOC communities.
    ---------------------------------------------------------------------------
        \3\ American Community Survey. (2018). American Community Survey:
    2013-2017 5-year Data Release.
        \4\ American Community Survey. (2018). American Community Survey:
    2013-2017 5-Year Data Release.
        \5\ Urban Indian Health Institute. Data Dashboard, Poverty in
    Seattle. https://www.uihi.org/urban-indian-health/data-dashboard/.
        \6\ Centers for Disease Control and Prevention--National Center for
    Health Statistics. (2020). Birth in the United States. NCHS Data Brief.
    No 387. Retrieved from: https://www.cdc.gov/nchs/data/databriefs/db387-
    H.pdf.
        \7\ Urban Indian Health Institute. (October 2021) Community Health
    Profile, National Aggregate of Urban Indian Organization Service Areas.
    Retrieved from: https://www.uihi.org/urban-indian-health/urban-indian-
    health-organization-profiles/.
        \8\ U.S. Census Bureau. (2021). County Population by
    Characteristics: 2010-2020. https://www.census.gov/programs-surveys/
    popest/technical-documentation/research/evaluation-estimates/2020-
    evaluation-estimates/2010s-county-detail.html.
        \9\ U.S. Census Bureau (2020). State and County Quick Facts King
    County, Washington. Retrieved from: https://www.census.gov/quickfacts/
    fact/table/kingcountywashington/PST045221.
        \10\ Urban Indian Health Institute (March 2012). American Indian/
    Alaska Native Population by Census Tract- Seattle Indian Health Board
    Service Area, Seattle WA, 2010 Census. Retrieved from: https://
    www.uihi.org/uihp-profiles/seattle/.
        \11\ Urban Indian Health Institute. (April 2020) We Count.
    Retrieved from https://wecount.uihi.org/#engage.
        \12\ U.S. Census Bureau (August 2021). 2020 Census Results on Race
    and Ethnicity. Retrieved from: https://www.census.gov/content/dam/
    Census/newsroom/press-kits/2021/redistricting/20210812-presentation-
    redistricting-jones.pdf.

        [This statement was submitted by Esther Lucero, MPP, President &
    CEO]
                                     ______

     Prepared Statement of Society for Industrial and Applied Mathematics
                                     (SIAM)
    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 (FY)
    2023 by providing NSF with at least $11 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 FY 2023 and beyond. In particular, we join with the research
    and higher education community and request that you provide NSF with at
    least $11 billion in funding for FY 2023. This is $500 million over the
    President's budget request for FY 2023 that calls for $10.49 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 FY 2020, NSF rejected close to four billion dollars
    of proposals rated ``very good or higher'' due to budget constraints.
    At least $11 billion in funding is needed to ensure NSF can meet
    Congress's vision for the agency, launch new programs in priority areas
    such as Regional Innovation Engines to transform regional economies in
    critical technology areas, invest in revolutionary breakthroughs to
    address resilience and catalyze clean energy innovation, and provide
    sustainable growth to the core research and education activities
    undergirding our science and technology ecosystem.
        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 supports NSF's efforts to launch the Directorate for
    Technology, Innovation, and Partnerships and encourages Congress to
    give NSF the resources it needs to truly launch new programs such as
    Regional Innovation Engines and enabling support for NSF priorities in
    climate, clean energy, emerging industries, and broadening
    participation. While investment in these priority areas 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.
        SIAM urges strong investment in the Research and Related Activities
    account (RRA) 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. DMS has taken a leadership role in promoting partnerships
    with other agencies and foundations to leverage Federal funding for
    maximum impact. In addition, DMS funding supports a broad array of
    activities in modeling, analysis, algorithms, and simulation that
    underpin advancements across science and engineering. 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 NSF's and OAC'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. OAC funding will support its role as steward for
    computational science, building bridges across NSF to accelerate
    transformational science and engineering.
            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 FY 2023.
        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 FY2023
    appropriations process.
                                     ______

        Prepared Statement of Society for Industrial and Organizational
                                   Psychology
        On behalf of the Society for Industrial and Organizational
    Psychology (SIOP), we are pleased to provide this written testimony to
    the House Appropriations subcommittee on Commerce, Justice, and
    Science, and Related Agencies for the official record. In this
    testimony, SIOP urges the subcommittee to consider three requests:
      --Provide the requested amount of $11 billion for the National
            Science Foundation (NSF), including strong support for the
            Directorate for Social, Behavioral, and Economic Sciences
            (SBE), and the new Directorate for Technology, Innovation, and
            Partnerships (TIP) in the fiscal year (FY) 2023 appropriations
            process;
      --Include 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; and
      --Support for workforce evaluation and technical assistance at the
            Department of Justice's Community Oriented Policing Services
            Office.
                         appropriations support for nsf
        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,
    practitioners, and students 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 few years. SBE rapidly
    responded to the challenges and opportunities posed by the COVID-19
    pandemic, supporting the second most pandemic-related research grants
    among NSF Directorates. This included significant support for the field
    of I-O psychology as the nature of work has fundamentally shifted. SBE
    investments, particularly those from the Science of Organizations
    program, have allowed I-O psychologists to develop data-driven methods
    to address workplace disruption, issues of work-life balance, workforce
    participation by women and underserved populations, and the challenges
    and opportunities related to the shift to remote work. This research
    will be crucial as we continue to emerge from the pandemic and deal
    with its lasting effects on our workplaces and organizations.
        NSF SBE has also provided the foundation for I-O psychologists to
    understand how our rapidly emerging technologies affect the workforce.
    As the rate of technological change continues to accelerate, I-O
    psychologists are already seeking to understand how technologies like
    Artificial Intelligence and automation affect American workers and
    develop responsive employee training programs necessary to reskill our
    workforce.
        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, and developing preventative sexual harassment workforce
    interventions, among many others.
        NSF has also launched a new Directorate for Technology, Innovation,
    and Partnerships (TIP). SIOP applauds NSF and Congress for investing in
    TIP and encourages the new directorate to continue focusing on use-
    inspired research that will position the Foundation to drive innovation
    in industries and technologies of the future. In order to fully reach
    its potential, the TIP Directorate must incorporate social and
    behavioral science topics into its research agenda, particularly
    workforce needs and impacts to the workplace as a result of these new
    technologies or research advancements. Furthermore, as the TIP
    Directorate recruits and hires new staff, effort must be taken to
    ensure that the program officers are drawn from a broad variety of
    professional disciplines, including I-O psychology and other behavioral
    sciences. SIOP encourages NSF and TIP to utilize and support I-O
    concepts and research in its plans for the future success of the
    directorate, as well as employ I-O experts as part of its staff.
        Given NSF's critical role in supporting fundamental research and
    education across science and engineering disciplines, SIOP supports an
    overall FY 2023 NSF budget of $11 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. SIOP also requests the new TIP Directorate be fully funded
    and empowered to support innovative research that will drive America's
    global competitiveness, including in the social and behavioral
    sciences.
                            science of team science
        SIOP requests that Congress direct NSF to further adopt 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. With the launch of the new Directorate for
    Technology, Innovation, and Partnerships (TIP), SIOP believes it is
    increasingly 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. New programs focused on multi-disciplinary
    collaboration between academia, industry, and other community partners,
    such as the Regional Innovation Engines, require targeted SciTS
    approaches to ensure their success.
        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, including
    via the Technology, Innovation, and Partnership (TIP) Directorate. 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.\1\
    department of justice (doj) community oriented policing services (cops)
                                     office
        DOJ's COPS Office is responsible for advancing the practice of
    community policing by the Nation's State, local, territorial, and
    Tribal law enforcement agencies through information and grant
    resources. The COPS Hiring Program (CHP), the agency's signature
    initiative, provided $165 million for law enforcement agencies in FY
    2022. Hundreds of law enforcement agencies have benefited from this
    program since its inception, but little is known about these recipients
    and the unique issues they face in key areas like recruitment,
    retention, training and more. Collectively, CHP recipients make up an
    ideal study group to explore important questions over what factors and
    activities drive people toward careers in policing, as well as what may
    drive people away. When there is more evidence about what works and
    what some persistent issues are to be addressed, the COPS Office can
    better tailor technical assistance programming to meet the needs of law
    enforcement agencies.
        To this end, Congress should provide funding for the COPS Office to
    support a volunteer evaluation study of CHP recipients to better
    understand common recruitment, hiring, and retention practices and
    leverage the findings to target future Federal assistance. Congress
    should also specify that the COPS Office work with an outside
    organization with expertise in workforce and workplace sciences. SIOP
    has a relationship with the COPS Office to provide expert input on
    priorities regarding hiring and selection, reducing officer burnout,
    providing meaningful training and professional development, and other
    topics of I-O expertise. SIOP could be key partners in assisting the
    COPS Office as they develop and carry out the study to ensure it is
    designed properly for impactful results.
                           requested report language
        Workforce Study.--The Committee recognizes that persistent
    recruitment, hiring, and retention issues are plaguing law enforcement
    agencies nationwide. The COPS Office provides support to address these
    issues through the COPS Hiring Program, but little is known about
    specific challenges facing grantees. With the appropriations provided,
    COPS should carry out a voluntary assessment of COPS Hiring Program
    recipients to understand workforce challenges facing police
    departments, identify best practices, and collect other findings to
    better target future technical assistance programming. In carrying out
    this study, the COPS Office shall enter into a partnership with
    qualified organizations with extensive expertise in workforce and
    workplace sciences, such as industrial and organizational psychology.

        Thank you for the opportunity to offer SIOP's support for NSF and
    DOJ. Please do not hesitate to contact SIOP should you have any
    questions. Additional information is also available at www.siop.org.
    ---------------------------------------------------------------------------
        \1\ https://www.nap.edu/catalog/19007/enhancing-the-effectiveness-
    of-team-science.

        [This statement was submitted by Dr. Mo Wang, President and Tracy
    L. Vanneman, Executive Director]
                                     ______

                 Prepared Statement of Society for Neuroscience
        Chair Shaheen, Ranking Member Moran, and members of the
    subcommittee, on behalf of the Society for Neuroscience (SfN), we are
    honored 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 $11 billion, an increase of approximately
    $2.162 billion, in funding for NSF in FY23. As both a researcher and a
    Professor in the Department of Biology at Brandeis University, I
    understand the critical importance of Federal funding for neuroscience
    research in the United States. My own research identified the ability
    of brain circuits to ``tune themselves'' to maintain the appropriate
    level of excitability, which is critical for healthy brain function.
        My research group, supported by NSF funding, made fundamental
    discoveries in how neurons self-adjust their excitability, making it
    easier or harder to send electrical messages to other neurons. Over the
    past two decades, we have unearthed a family of mechanisms that allow
    for this unique flexibility called ``homeostatic plasticity'', so
    neurons can change the rate they send messages and protect
    communication in the face of outside disturbances. Our work has many
    wide-reaching implications: We are studying how learning and memory
    suffer when these mechanisms malfunction; We are exploring how being
    awake or asleep affects these mechanisms; and we are investigating how
    States of being too excitable or not excitable enough contribute to
    disorders like epilepsy and autism spectrum disorder. Basic research,
    like my own, is paramount to understanding the brain at a level deep
    enough to develop treatments and interventions for diseases and
    disorders.
        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
    at 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 the 21st Century Cures Act, 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 FY22. Some recent exciting advancements in NSF funded
    neuroscience research include the following:
                       n95 mask smart monitoring devices
        As SARS-CoV-2 is a respiratory virus, face masks have emerged as a
    protective mechanism. N95 masks are recommended by medical
    professionals. At Northwestern University, researchers have taken the
    N95 mask and engineered a smart monitoring device, calling it a
    ``Fitbit for the face''. The device is a small sensor that attaches to
    the inside of an N95 mask and can detect heart rate, respiration rate,
    and the mask wear time. These are all collected on a smart phone app,
    and the app can also alert users when there are mask leaks. The
    device's portability and ability to harvest energy from the heat and
    motion of mask wearers increases the sensors battery life of up to 11
    days or more. Researchers hope this device will help medical
    professionals better detect Covid-19.
      opioid epidemic may be countered by respiration-detecting technology
        There is an opioid epidemic in the United States. In 2019, the
    National Institute on Drug Abuse reported nearly 50,000 people in the
    United States died from opioid overdoses. The opioid crisis has only
    worsened over the course of the Covid-19 pandemic. However, scientists
    at the University of Washington have created a wearable device that can
    reverse an opioid overdose. When people overdose on opioids, this
    causes respiratory failure. The new device works by detecting
    respiration patterns and motions in its user during an opioid overdose.
    If the user stops breathing or moving, the device administers naloxone,
    a competitive antagonist that works to restore respiration. The
    researchers at the University of Washington have tested this device in
    both a supervised injection facility and a hospital. They found their
    closed-loop system accurately tracked breathing rate in self-injected
    and simulated opioid-induced apneas. This system has the potential to
    detect opioid overdoses before becoming fatal and could reduce the
    burden of the opioid epidemic.
                            funding in regular order
        SfN joins the biomedical research community in supporting an
    increase in NSF funding to at least $11 billion, a $2.162 billion
    increase over FY22. 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 Gina Turrigiano, PhD, President]
                                     ______

             Prepared Statement of United Fishermen of Alaska (UFA)
    Dear Chairman Shaheen and Ranking Member Moran:

        United Fishermen of Alaska (UFA) is the Alaska commercial fishing
    industry trade association, representing 37 commercial fishing
    organizations based in both Alaska and Washington that participate in
    fisheries throughout the Alaska, and Federal fisheries off the Alaska
    and Washington/Oregon coasts.
        As you prepare the FY 23 Commerce, Justice, Science, and Related
    Agencies (CJS) appropriations bill, UFA requests that you work with
    your colleagues to ensure increased funding in the CJS bill for the
    Saltonstall-Kennedy (S-K) Grant Program.
        Enacted in 1954, the S-K Act aims to `` . . .  aid the American
    commercial fishing industry by promoting the free flow of domestically
    produced products in commerce and developing and increasing markets for
    those products,'' through a federal, competitive grant program. As you
    know, the S-K Grant Program is funded by a tariff on imported seafood,
    the revenues from which are transferred from USDA into NOAA's ``Promote
    and Develop Seafood Products'' account. The tariffs capitalizing the
    Promote and Develop account have increased almost every year from $82
    million in 2007 to over $240 million in 2021. Regardless of this
    dramatic and consistent increase, the S-K Grant Program has stayed in
    the $8- $12 million range of Congressional funding. The fiscal Year 22
    funding for the S-K Grant Program is $11.8 million, approximately 4.8%
    of the ``transfer'' from USDA. However, the S-K Act clearly States
    that:
        (e) Allocation of fund moneys
            (1) Notwithstanding any other provision of law, all moneys in
            the fund shall be used exclusively for the purpose of promoting
            United States fisheries in accordance with the provisions of
            this section, and no such moneys shall be transferred from the
            fund for any other purpose . . . .(A) the Secretary shall use
            no less than 60 per centum of such moneys to make direct
            industry assistance grants to develop the United States
            fisheries and to expand domestic and foreign markets for United
            States fishery products pursuant to subsection (c) of this
            section;
        Increased S-K funding is needed for the U.S. seafood industry now
    more than ever. World events have closed markets and significantly
    raised tariffs on many U.S. seafood exports. Moreover, because of the
    war in Ukraine and other U.S. policies, several foreign nations have
    been restricted from importing seafood to the U.S. (The U.S. imports
    approximately 90% of seafood consumed domestically). Increased S-K
    funding should focus on increasing domestic consumption of U.S. caught
    seafood as well as the secondary processing of seafood within the U.S.
    American fisheries are also challenged by disproportionate foreign
    government spending to support their fishing industries. For example,
    Norway spends more than 10 times the amount of money allocated to
    market U.S. produced salmon on marketing Norwegian salmon in U.S.
    markets. Increased S-K allocations could, in part, level the playing
    field in the promotion of U.S. produced seafood to U.S. markets.
        Recently, Congress re-established the American Fisheries Advisory
    Committee (AFAC Committee) to work with NOAA to prioritize and direct
    S-K funding. UFA, as a representative of the Alaska Seafood Industry,
    is looking forward to AFAC's new leadership role in the application of
    S-K funding. It has been 50 years since S-K funding decisions had
    industry input as was intended by the 1954 enabling legislation.
    According to the legislation, the purpose of S-K funding was ``to
    assist persons in carrying out research and development projects
    addressed to any aspect of United States fisheries, including, but not
    limited to, harvesting, processing, marketing, and associated
    infrastructures.'' The AFAC Committee, as designed, will have both
    geographical and experiential diversity including fishermen, scientists
    and regulators drawing from six regions across the country. As such,
    AFAC will be an effective advisory body, ensuring that increased S-K
    funding is strategically invested to return maximum benefit to the
    American seafood industry.
        UFA, as the Alaska seafood industry's representative and advocate,
    would like to see the S-K Grant funding begin to approach the
    percentage of U.S. tariffs on imported seafood that were envisioned
    when the original statute was passed. For FY 23, UFA encourages you to
    consider funding the S-K Grant Program at no less than 15% of the
    transfer to NOAA's ``Promote and Develop Seafood Products'' account
    derived from tariffs on imported seafood as a specific line item in the
    budget. This equates to approximately $35 million and is a step in the
    right direction towards the 60% language contained in the S-K Act. In
    future years, we recommend continued incremental increases up to 60%.
        We thank you for considering UFA's request for increased S-K Grant
    funding that will address the new and increased needs of America's
    fishing industry and ensure the new AFAC Committee's ability to
    maximize national seafood marketing as they begin to address the
    rebuilding and expansion of America's seafood markets.
    Sincerely,

    Matt Alward, President
    Tracy Welch, Executive Director
                                     ______

     Prepared Statement of University Corporation for Atmospheric Research
        On behalf of the University Corporation for Atmospheric Research
    (UCAR), a nonprofit consortium of more than 122 North American colleges
    and universities focused on research and training in the Earth system
    sciences, I appreciate the opportunity to submit for the record our
    fiscal year (FY) 2023 funding priorities for the National Oceanic and
    Atmospheric Administration (NOAA), the National Science Foundation
    (NSF), and the National Institute of Standards and Technology (NIST).
    These agencies serve an incredibly--and increasingly--important role in
    our understanding of climate change and how we can mitigate its adverse
    effects. The below funding priorities reflect my view of what resources
    are needed so they can meet their missions.
        By way of background, UCAR is the manager of the National Center
    for Atmospheric Research (NCAR) on behalf of NSF. Founded in 1960, we
    are trusted administrators of the financial, human resources,
    facilities, and information technology functions that are essential to
    NCAR's success.
        We bring together the Earth system science community to exchange
    ideas, discuss challenges, and share what we've learned. By connecting
    researchers and educators with cutting-edge resources--and with the
    private sector--we take research out of the lab into the real world for
    the benefit of society. UCAR members constitute a self-governing body
    representing nearly all academic programs in Earth system science in
    North America. We provide a clear voice for our membership, in
    collaboration with the broader community, to convey the value of our
    research, education, and partnerships to policymakers and decision
    makers.
        It is undeniable that we have entered a new era of extreme weather
    driven by climate change. While the U.S. is no stranger to extreme
    events, impacts from recent events have been unprecedented. Many parts
    of our country have been drowned in devastating floods, baked under
    deadly heat, suffered multi-year droughts, and burned from fast-moving
    and intensely hot wildfires. This includes many of our own staff who
    fled their homes in December, some of whom lost their homes, and many
    more who are still feeling the impacts to this day. In addition, new
    forms of extreme weather have appeared in recent years, including
    severe tornados that level entire towns and Arctic cyclones that erode
    coastlines.
        These phenomena are just the beginning. Whereas the incremental
    warming of our Earth system may seem small, on-the-ground impacts are
    massive. In addition to local devastation, the impact of extreme
    weather reverberates through our natural, physical, and social systems.
    The Federal Government must not waver in its commitment to produce
    breakthrough research that benefits science, human safety, economic
    prosperity, and national security.
        I appreciate and support the widespread increases to atmospheric
    research in the President's budget request. I respectfully request the
    subcommittee consider UCAR's recommendations regarding targeted
    investments, in the following areas of priority. I believe these
    modifications will better prepare the country to combat the growing
    climate-related challenges that will affect every American.
                 national institute of standards and technology
        I respectfully request at least $975 million for Scientific and
    Technical Research and Services (equal to the request).
        The formation and impacts of wildfire must be better understood to
    protect communities in the western United States that are dealing with
    the year-round threat of destruction and displacement from fire events.
    In particular, the wildland-urban interface must be studied to better
    understand air quality impacts and fuels composition. This should be
    part of a more comprehensive, all-of-government approach to addressing
    wildfires.
        I appreciate the subcommittee significantly increasing funding for
    Scientific and Technical Research and Services (STRS) in its FY 23
    request. I respectfully request that within the total for STRS, an
    additional $25 million is designated for NCAR to begin the cross-
    disciplinary and interagency work necessary to protect life and
    property from the increasing threat of wildland fire.
        The Fire Research Division develops, verifies, and utilizes
    measurements and predictive methods to quantify the behavior of fire
    and means to reduce the impact of fire on people, property, and the
    environment. This work involves integration of laboratory measurements,
    verified methods of prediction, and large-scale fire experiments to
    demonstrate the use and value of the research products.
        Residents of Colorado are acutely aware of the dangers posed by
    wildland fire, in particular when wildfire encroaches on the urban
    environment. As a Colorado-based entity, NCAR is uniquely positioned to
    lead community efforts to better understand wildfire and develop an
    integrated approach to addressing impacts.
        In the wake of the NCAR, Marshall, and Middle Fork fires, this
    issue is top of mind for not only Colorado and the organization, but
    scientists and policy makers across the American West. NCAR can use
    additional funding to build out a wildfire research test bed.
    Additional funding at NIST can allow for increased research into
    understanding wildfire interactions with the wildland urban interface
    (WUI). NCAR can also use increased funding to couple the CESM2
    (Community Earth System Model Version 2) with local models like WRF-
    Fire (Weather Research and Forecasting--Fire) and WRF-Chem (Weather
    Research and Forecasting coupled with Chemistry) to understand how
    large-scale changes to the Earth system will impact local fire
    dynamics, air quality, and local decision making on the ground. NCAR is
    well positioned with its existing expertise to take advantage of
    additional funding to accelerate wildfire research, and to collaborate
    with others in the Earth system science community to address this
    critical issue.
                national oceanic and atmospheric administration
        I respectfully request at least $7.2 billion for NOAA (6 percent
    more than the request).
        NOAA plays a critical role in our efforts to both understand and
    mitigate the threat of climate change. To ensure that NOAA and its
    subagencies have the dedicated resources it needs to continue and
    expand upon its important work, I respectfully request at least:
      --$9 million for sustained funding of climate intervention research
            at NCAR, within the Office of Atmospheric Research (equal to
            the request). We have yet to achieve a full understanding of
            the impacts of climate intervention activities and their
            associated risks and benefits. Further research is needed to
            study climate dynamics and air chemistry impacts of
            geoengineering the Earth system. NCAR is uniquely positioned to
            study both the climate dynamics and air chemistry impacts of
            geoengineering on the Earth system.
      --$4.48 billion for Oceanic and Atmospheric Research (equal to the
            request), including at least $16.27 million in dedicated
            funding to support NCAR's continued development of Airborne
            Phased Array Radar (APAR). These resources are needed in
            anticipation of NSF completing its award process in early 2023.
            APAR is a critical tool for studying weather and related
            hazards, especially over rugged terrain or the open ocean where
            operations are inherently challenging. Major advances in radar
            technology have paved the way for development of APAR to
            provide more detailed observations from within high-impact
            weather systems. An APAR system is currently being designed and
            developed by NCAR for installation on the NSF/NCAR C-130
            aircraft. This will provide more agile scanning strategies and
            enhanced capabilities for researchers to advance science
            frontiers.
      --$15 million for NOAA-wide activities that support Software
            Development and Code Design of next generation predictive
            models. NCAR's Computational and Information Systems Lab (CISL)
            manages and operates two state-of-the-art supercomputers for
            the Earth system science community. However, supercomputing-
            built infrastructure is only as valuable as the code developed
            for advanced model runs. The research community plays a
            critical role in supporting the operational mission of NOAA,
            but more must be done to ensure continued community engagement
            with investments in training programs and sustainable pathways
            for the next generation of Earth system software developers. I
            respectfully request $15 million in FY 2023 for additional
            investments in code design and software engineering, coupled
            with physical sciences, to advance predictability of high
            impact weather.
                          national science foundation
        The National Science Foundation and its numerous facilities perform
    essential functions in our understanding of the physical world. In
    addition, Atmospheric and Geospace Sciences (AGS) are vital for
    tracking and analyzing extraterrestrial impacts to Earth's weather and
    climate. To help NSF meet its mission, I respectfully request at least
    $301.4 million for AGS (equal to the request) and $124.92 million for
    NCAR Operations and Maintenance of NCAR's Facilities (7.5% more than
    the request).
      --I thank the subcommittee for its continued support of operations
            and maintenance of NCAR facilities. However, rising inflation
            means that more money will be needed to adequately maintain NSF
            facilities, including NCAR. This increase is necessary so that
            NCAR can continue to attract top scientists, while also
            modernizing NCAR's Mesa Laboratory in Boulder, Colorado. I
            respectfully request at least $124.9 million (7.5% above the
            request) for NCAR Facilities.
      --Funding for AGS should include dedicated support for further
            development of the Coronal Solar Magnetism Observatory (COSMO),
            a proposed suite of complementary ground-based instruments
            designed to study magnetic fields and plasma conditions in the
            Sun's atmosphere.

        The impacts of space weather are felt across multiple sectors,
    including the growing aerospace industry, necessitating increased
    investments in research and observations of the Sun. Tiny,
    electrically-charged particles hurled toward Earth from a solar storm
    can disrupt radio communications, GPS signals, and other technologies
    that people rely on daily. Understanding solar storms and space weather
    will help protect electric grids that power communities in an
    increasingly telecommunication-reliant world.
        I thank the subcommittee for providing a preliminary investment of
    $5.6 million in FY 2021 to survey prospective locations for COSMO.
    Additional funding beyond the initial award is needed to complete site
    survey, choose a candidate site, and to finish construction design and
    get an accurate cost estimate of all remaining elements of COSMO. I
    respectfully request an additional $8 million in FY 2023, specified in
    report language, to support this next stage of progress for this
    critical endeavor.
        Again, I thank the subcommittee for its attention to these matters
    and commitment to ensuring NOAA, NSF, and NIST can continue and expand
    their increasingly important work. I am more than happy to be a
    resource for the subcommittee as it progresses through the FY 2023
    appropriations process.

        [This statement was submitted by Dr. Antonio J. Busalacchi,
    President]
                                     ______

              Prepared Statement of 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 items within the jurisdiction of
    the subcommittee on Commerce, Justice, Science, and Related Agencies,
    all 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 strong 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
    State 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 strong 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 challenges of serving low customer densities in rural
    areas. When communities do have access to broadband, download and
    upload speeds are often insufficient to meet bandwidth demands. These
    realities have left many rural businesses at a competitive disadvantage
    and citizens without access to telework, telemedicine, and distance
    learning opportunities. Consequently, Western Governors support efforts
    to adopt a Federal definition of broadband that is higher and more
    scalable than 25/3 Mbps. In addition, the Governors support efforts to
    leverage state expertise through State block grants and opportunities
    to improve connectivity on rural and Tribal lands. To ensure that
    Tribal areas receive adequate investment, Federal broadband programs
    should allocate a designated portion of their available funding to
    Tribal projects. Western Governors applaud the historic level of
    broadband funding in the Infrastructure Investment and Jobs Act (IIJA,
    Public Law 117-58), particularly the funds allocated to the existing
    Tribal Broadband Connectivity Program and the new Broadband Equity,
    Access, and Deployment Program administered by the National
    Telecommunications and Information Administration (NTIA). 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 appreciate the Federal
    Communications Commission's plans in 2022 to implement the Broadband
    Deployment Accuracy and Technological Availability Act, known as the
    Broadband DATA Act, and address the accuracy of broadband data coverage
    and mapping. The Governors support continued investment in these
    efforts, which are especially critical with the NTIA deploying the
    second disbursement of IIJA funds to States using a formula based on
    new FCC maps. WGA also encourages the coordination of data collection
    strategies among the Federal Communications Commission, U.S. Department
    of Agriculture, and other agencies involved in broadband mapping and
    deployment.
        On the subject of data collection, Western Governors are supportive
    of the implementation of the Foundations for Evidence-Based
    Policymaking Act of 2018 (the Evidence Act, Public Law 115-435). The
    act established a new set of comprehensive requirements for Federal
    agencies regarding their collection, use, and management of data in
    evidence-building functions. One such requirement in the Evidence Act
    is for Federal agency heads to ``consult with . . . State and local
    governments.'' Western Governors have been actively engaging with
    Federal agencies as they carry out the provisions of the Evidence Act
    and are intent on assuring that States are robustly engaged by agencies
    in the required development of agency learning agendas. Overseen by the
    head of each Federal agency, the purpose of the learning agendas,
    according to the Evidence Act, is ``identifying and addressing policy
    questions relevant to the programs, policies, and regulations of the
    agency.''
        According to a recent Government Accountability Office (GAO)
    report, (GAO-20-119, Evidence-Based Policymaking), however, ``evidence-
    building activities are fragmented within . . . agencies and occur at
    multiple levels and entities within and across the agencies'' and that
    ``uncoordinated or poorly coordinated efforts can waste scarce funds
    and limit their effectiveness.'' The report went on to say that
    ``[e]ffectively-coordinated [evidence building] processes can help
    agencies ensure they are comprehensively and systematically looking
    across their organizations to leverage their existing evidence and
    focus limited resources on building new evidence . . . Such processes
    can help ensure agencies are well positioned to meet forthcoming
    Evidence Act requirements related to assessing and prioritizing
    evidence across the entire agency.'' GAO reiterated the importance of
    active Federal agency engagement, as ``through this engagement,
    agencies may find that external stakeholders (and States), have, or are
    aware of, existing evidence that helps the agency meet its needs or
    provide a fuller picture of performance . . . [and] ensure it is
    meeting the evidence needs of decision makers.''
        Given the numerous Federal agency programs, policies, and
    regulations that directly affect the collective States, agency
    coordination with States and the integration of state data into those
    relevant Federal programs is paramount to their success. For these
    reasons, Western Governors encourage the subcommittee to direct Federal
    agencies to improve their internal processes required in the Evidence
    Act to coordinate with States on Federal data policies and procedures
    and incorporate state data into Federal decision-making processes.
    Western Governors also support full and consistent Federal funding to
    carry out the requirements of this critical legislation and ensure that
    agencies have the capacity and resources required to fulfill GAO's
    evidence-based policymaking recommendations.
        Finally, the Economic Development Administration (EDA) plays a
    critical role in rural economic development, particularly in light of
    recently allocated supplemental funding that has significantly expanded
    assistance available to communities. Western Governors encourage
    increased flexibility in the allowable uses of EDA funds so rural
    communities can prioritize investments that improve quality of life and
    amenities. Relatedly, outcome metrics based solely on the absolute
    number of jobs created do not reflect the important economic benefits
    of such investments. Nor do they account for the relative effect of job
    creation in communities with small populations or areas with high
    unemployment or poverty rates.
        Western Governors recommend an increase in the proportion of
    economic development and infrastructure funding that goes toward
    capacity building. Strengthening local capacity by providing ample and
    consistent Federal funding for institutions, training, and technical
    assistance is essential to maximize the effect of State and Federal
    resources and to ensure that assistance reaches the communities that
    need it most.
        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]

           LIST OF WITNESSES, COMMUNICATIONS, AND PREPARED STATEMENTS

                                  ----------
                                                                       Page

    Alliance to End Slavery and Trafficking, Prepared Statement of
      the............................................................   312
    Ambassador Katherine Tai, The United States Trade Representative,
      Prepared Statement of..........................................   268
    American:
        Educational Research Association, Prepared Statement of......   318
        Geophysical Union, Prepared Statement of The.................   320
        Indian Higher Education Consortium, Prepared Statement of the   322
        Institute of Biological Sciences, Prepared Statement of......   325
        Association:
            For Psychological Science, Prepared Statement of.........   339
            Of Science and Technology Centers, American Alliance of
              Museums, Association of Children's Museums, and
              Association of Science Museum Directors, Prepared
              Statement of...........................................   341
        Physiological:
            Association Services, Inc., Prepared Statement of........   327
            Society, Prepared Statement of...........................   303
        Society for:
            Engineering Education, Prepared Statement of.............   330
            Microbiology, Prepared Statement of The..................   333
            The Prevention of Cruelty to Animals, Prepared Statement
              of the.................................................   334
        Society of:
            Agronomy (ASA), Prepared Statement of the................   336
            Plant Biologists, Prepared Statement of..................   337

    Board Member of Youth Advocate Programs, Inc., Prepared Statement
      of.............................................................   343
    Boozman, Senator John, U.S. Senator From Arkansas, Questions
      Submitted by

    Braun, Senator Mike, U.S. Senator From Indiana, Questions
      Submitted by

    Capito, Senator Shelley Moore, U.S. Senator From West Virginia,
      Questions Submitted by

    Collins, Senator Susan M., U.S. Senator From Maine, Questions
      Submitted by

    Columbia River Inter-Tribal Fish Commission, Prepared Statement
      of.............................................................   345
    Consortium of Social Science Associations, Prepared Statement of.   348
    Coons, Senator Christopher A., U.S. Senator From Delaware,
      Questions Submitted by.........................................   295

    Demand Progress, Prepared Statement of...........................   353
    Department of Justice, Prepared Statement of.....................   305

    Entomological Society of America, Prepared Statement of..........   356
    Environmental and Energy Study Institute, Prepared Statement of..   358

    Family Based Alternative Sentencing (FBAS), Prepared Statement of   359
    Federation of:
        American Societies for Experimental Biology, Prepared
          Statement of...............................................   361
        Associations in Behavioral and Brain Sciences, Prepared
          Statement of...............................................   363
    Feinstein, Senator Dianne, U.S. Senator from California,
      Questions Submitted by

    Florida Agricultural and Mechanical University, Prepared
      Statement of...................................................   365

    Garland, Hon. Merrick B., Attorney General of the United States,
      Department of Justice:
        Prepared Statement of........................................    61
        Questions Submitted to.......................................    97
        Statement of.................................................    60
    Geological Society of America, Prepared Statement of the.........   367
    Great Lakes Indian Fish and Wildlife Commission (GLIFWC),
      Prepared Statement of..........................................   369

    Hagerty, Senator Bill, U.S. Senator From Tennessee, Questions
      Submitted by

    Human Factors and Ergonomics Society, Prepared Statement of......   371
    Humane Society Legislative Fund and The Humane Society of The
      United States, Prepared Statement of...........................   373

    Indigenous Cannabis Coalition, Prepared Statement of.............   375
    Insights Association, Prepared Statement of......................   375
    International Fund for Animal Welfare, Prepared Statement of.....   378

    Jamestown S'Klallam Tribe, Prepared Statement of the.............   380
    Joint Ocean Commission Initiative, Prepared Statement of the.....   383

    Kennedy, Senator John, U.S. Senator From Louisiana, Questions
      Submitted by

    Leahy, Senator Patrick, U.S. Senator from Vermont:
        Opening Statement of.........................................   226
        Questions Submitted by

    Learning and Education Academic Research Network (LEARN),
      Prepared Statement of the......................................   386

    Manchin, Senator Joe, III, U.S. Senator From West Virginia,
      Questions Submitted by

    Monterey Bay Aquarium, Prepared Statement of.....................   387
    Moran, Senator Jerry, U.S. Senator From Kansas:
        Opening Statement of

        Questions Submitted by

    Murkowski, Senator Lisa, U.S. Senator From Alaska, Questions
      Submitted by

    National:
        Association of Latino Elected and Appointed Officials (NALEO)
          Educational Fund, Prepared Statement of the................   389
        Congress of American Indians, Prepared Statement of the......   392
        Court Appointed Special Advocate (CASA)/Guardian Ad Litem
          (GAL) Association for Children, Prepared Statement of......   394
        Fish and Wildlife Foundation, Prepared Statement of..........   396
        Legal Aid & Defender Association (NLADA), Prepared Statement
          of.........................................................   399
        Marine Sanctuary Foundation, Prepared Statement of...........   402
        Ocean and Coastal Security , Prepared Statement of the.......   405
        Opinion Research Center (NORC), Prepared Statement of........   408
        Seafood Marketing Coalition, Prepared Statement of the.......   410
    Natural Science Collections Alliance, Prepared Statement of......   411
    Nature Conservancy, Prepared Statement of the....................   413
    Nelson, Hon. Bill, Administrator, National Aeronautics and Space
      Administration:
        Prepared Statement of........................................   119
        Questions Submitted to.......................................   150
    New England Innocence Project and The National Innocence Network,
      Prepared Statement of..........................................   416
    New Hampshire Superior Court, Prepared Statement of..............   419
    Northwest Indian Fisheries Commission (NWIFC), Prepared Statement
      of.............................................................   420
    NSF Responsiveness to COVID-19...................................   128

    Opensecrets, Prepared Statement of...............................   423

    Pacific Salmon Commission, Prepared Statement of the.............   425
    Panchanathan, Hon. Sethuraman, Director, National Science
      Foundation:
        Prepared Statement of........................................   123
        Questions Submitted to.......................................   157
    Partnership for America's Children, Prepared Statement of........   426
    Population Association of America/Association of Population
      Centers, Prepared Statement of.................................   428

    Raimondo, Hon. Gina, Secretary of Commerce, Department of
      Commerce:
        Prepared Statement of

        Questions Submitted to

        Statement of

    Research!America, Prepared Statement of..........................   430

    Schatz, Senator Brian, U.S. Senator From Hawaii, Questions
      Submitted by

    Sea Grant Association, Prepared Statement of the.................   431
    Seattle Indian Health Board, Prepared Statement of...............   434
    Securing:
        Taxpayer-Funded Research.....................................   129
        The Future...................................................   123
    Shaheen, Senator Jeanne, U.S. Senator From New Hampshire:
        Opening Statement of

        Prepared Statement of........................................   167
    Shelby, Senator Richard, U.S. Senator From Alabama, Questions
      Submitted by...................................................    54
    Society for:
        Industrial and:
            Applied Mathematics (SIAM), Prepared Statement of........   437
            Organizational Psychology, Prepared Statement of.........   439
        Neuroscience, Prepared Statement of..........................   442

    Tai, Ambassador Katherine, U.S. Trade Representative:
        Questions Submitted to.......................................   293
        Statement of.................................................   266

    United Fishermen of Alaska (UFA), Prepared Statement of..........   443
    University Corporation for Atmospheric Research, Prepared
      Statement of...................................................   445
    U.S. Department of Commerce (DOC) and the U.S. Department of
      Justice (DOJ), Prepared Statement of...........................   307

    Van Hollen, Senator Chris, U.S. Senator From Maryland, Questions
      Submitted by...................................................   154

    Western Governors' Association, Prepared Statement of............   447
    Wildlife Conservation Society, Prepared Statement of The.........   310
    World-Class Research Infrastructure..............................   128
    Wray, Hon. Christopher A., Director, Federal Bureau of
      Investigation:
        Prepared Statement of........................................   230
        Statement of.................................................   227

                                 SUBJECT INDEX

                                  ----------

                                                                       Page

                             DEPARTMENT OF COMMERCE

    Additional Committee Questions

        Questions Submitted by Senators:
            Boozman, John............................................    46
            Braun, Mike..............................................    53
            Capito, Shelley Moore....................................    48
            Feinstein, Dianne........................................   200
            Hagerty, Bill

            Kennedy, John

            Leahy, Patrick...........................................    42
            Moran, Jerry.............................................    42
            Murkowski, Lisa

            Raimondo, Gina...........................................   198
            Schatz, Brian............................................   205
            Shelby, Richard..........................................    54
    Affordable Connectivity Program and Digital Equity Grants........    18
    Anomalous Health Incidents.......................................   197
    Bead Funding.....................................................    10
    Bead Funding to:
        Alaska.......................................................    13
        Vermont......................................................    12
    Broadband........................................................   176
    Broadband Development Grants.....................................   185
    Broadband Equity Access Deployment (BEAD) Mapping................     8
    Broadband--Notice of Funding Opportunity.........................   190
    China Opposition to the Usica Bill...............................   189
    Chip:
        Fabrication Facilities Process...............................   181
        Manufacturing in America.....................................    22
    Chips and Semi-Conductors........................................   180
    Climate..........................................................   179
    Climate Change and Current Weather Priorities....................   197
    Coastal Resilience and Habitat Funding...........................    26
    Commerce:
        Department Entities' List....................................    24
        Funding Priorities...........................................   169
    Commitment to Unserved Areas.....................................    37
    Competition And Affordability....................................    30
    Competitives in the Indo-Pacific.................................   183
    Ensuring:
        Long Term Affordability......................................    21
        Success of Department Investments............................   194
    Export Control Restrictions and Sanctions........................   188
    Export Controls..................................................   173
    FCC Mapping Completion...........................................    36
    Fisheries:
        Enforcements on Lobster Industry.............................   186
        Surveys......................................................   175
    Food Aid in the Ukraine..........................................   196
    Funding:
        Assistance to States.........................................    11
        For the Supply Chain Challenges..............................   195
        Priority: The Unserved and the Underserved...................    20
        Under a CR...................................................    18
    Government Spending..............................................    28
    Grant and Stakeholder Engagement.................................    31
    Infrastructure Investment and Jobs Act...........................   194
    Insufficient Mapping and Coverage................................    35
    International Standard Setting Organizations.....................   187
    ITA and Promoting Exports........................................   195
    Job Creation for Infrastructure Programs.........................    27
    Labor Negotiations With West Coast Ports.........................   191
    Maximizing Funding Efficiency for Local Governments..............    28
    NOAA Funding for At-Sea Monitoring...............................   193
    Offshore Wind Deployment.........................................   180
    Opening Statement of Senator Jerry Moran.........................   174
    Operations and Maintenance.......................................    38
    Pilot Training Program for NOAA..................................   177
    Right Whale Regulations..........................................    40
    Rising Cost of Fertilizer........................................    39
    Role of U.S. Companies in Reconstructing the Ukraine.............   196
    Service Concerns.................................................    32
    Solar:
        Statute......................................................   183
        Supply Chain.................................................   179
    State Preparation for Funding....................................    19
    Statistical Methods and Assumptions Used by Census...............   181
    Submarine Cables for Connectivity................................    25
    Super Computing in West Virginia.................................   189
    Tariffs..........................................................   177
    The American Economy.............................................   192
    Timeline for Service Maps........................................    33
    Tribal Connectivity Funding......................................    25
    Tribal Connectivity Funding Process..............................    17
    Workforce for the Tourism Industry...............................   174
                                   __________

                             DEPARTMENT OF JUSTICE

    Additional Committee Questions...................................    96
        Questions Submitted by Senators:
            Braun, Mike..............................................   110
            Collins, Susan...........................................   106
            Hagerty, Bill............................................   109
            Kennedy, John............................................   106
            Leahy, Patrick...........................................    97
            Manchin, Joe, III........................................   102
            Murkowski, Lisa..........................................   105
            Schatz, Brian............................................   101
    Garland, Hon. Merrick B., Attorney General of the United States,
      Department of Justice, Prepared Statement of:
        I. GKeeping our Country Safe
            A. GReducing Violent Crime and Gun Violence..............    63
            B. GProtecting National Security.........................    64
            C. GCombating Drug Trafficking and Preventing Overdose
              Deaths.................................................    65
            D. GProtecting Vulnerable Populations....................    65
            E. GProtecting Our Democratic Institutions...............    65
        II. GProtecting Civil Rights
            A. GReinvigorating Civil Rights Enforcement..............    66
            B. GFostering Trust and Accountability in Law Enforcement    66
            C. GExpanding Access to Justice and Reforming Criminal
              and Juvenile Justice Systems...........................    66
            D. GAdvancing Environmental Justice and Tackling the
              Climate Crisis.........................................    66
        III. Safeguarding Economic Security, Fairness, and
          Opportunity
            A. GPreventing the Theft of Technology and Intellectual
              Property...............................................    67
            B. GReinvigorating Antitrust Enforcement and Consumer
              Protection.............................................    67
            C. GCombating Corruption and Financial Crime.............    67
            D. GPromoting the Integrity and Efficiency of the
              Bankruptcy System......................................    67
            E. GRevitalizing Tax Enforcement.........................    68
        IV. Administering Just Immigrationcourt and Correctional
          Systems
            A. GAdministering an Equitable and Efficient Immigration
              Court System...........................................    68
            B. GMaintaining a Safe and Humane Correctional System....    68
                                   __________

                        FEDERAL BUREAU OF INVESTIGATION

    Additional Committee Questions...................................   261
    Wray, Hon. Christopher, Director, Federal Bureau of
      Investigation, Prepared Statement of...........................   230
        Criminal Threats.............................................   235
            Civil Rights.............................................   237
            Crimes Against Children and Human Trafficking............   236
            Transnational Organized Crime (``TOC'')..................   236
        Fiscal Year 2023 Budget Overview.............................   230
        Key Cross-Cutting Capabilities and Capacities................   238
            Conclusion...............................................   239
            Data Analytics and Technical Tools.......................   238
        Key Threats and Challenges...................................   230
        National Security............................................   231
            Cyber....................................................   232
            Foreign Influence........................................   234
            Top Terrorism Threats....................................   231
                                   __________

                 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

    Additional Committee Questions...................................   150
        Questions Submitted by Senators:
            Feinstein, Dianne........................................
              150....................................................
            Kennedy, John............................................
              156....................................................
            Manchin, Joe, III........................................   152
            Schatz, Brian............................................
              151....................................................
            Van Hollen, Chris........................................   154
                                   __________

                          NATIONAL SCIENCE FOUNDATION

    Additional Committee Questions...................................   150
        Questions Submitted by Senators:
            Capito, Shelley Moore....................................    52
            Feinstein, Dianne........................................   157
            Hagerty, Bill............................................   163
            Manchin, Joe, III........................................   159
            Schatz, Brian............................................   158
    Additional Grant Funding With Fiscal Year 2023 Request Level.....   141
    Aeronautic Capabilities..........................................   131
    Applied Research vs Basic Research...............................   144
    Arctic and Antarctic Research....................................   149
    Commerical Lander................................................   135
    Encouraging State Participation in EPSCOR........................   139
    Heliophysics and Space Weather...................................   147
    Historically Black Colleges and Universities.....................   135
    If USICA/Competes Act Advances...................................   146
    Maintaining Basic Research Levels While Establishing Tip
      Directorate....................................................   142
    Moon Flight Timeline.............................................   141
    NSF's Fiscal Year 2023 Budget to Congress........................   121
        Directorate for Technology, Innovation, and Partnerships.....   122
        New Program: Granted.........................................   122
        Regional Innovation Engines..................................   122
        Research Security............................................   123
    Panchanathan, Director, Prepared Statement of....................
      123............................................................
        Conclusion...................................................
          129........................................................
        Introduction.................................................
          123........................................................
        NSF Responsiveness to COVID-19...............................
          128........................................................
            Investing in:
                A Diverse and Inclusive STEM Workforce...............
                  127................................................
                Innovation and Emerging Industries...................
                  125................................................
            Securing:
                Taxpayer-Funded Research.............................
                  129................................................
                The Future...........................................
                  123................................................
        Strengthening Established NSF................................
          124........................................................
        World-Class Research Infrastructure..........................
          128........................................................
    Project Cost Overruns............................................   148
    Public Investment in Science vs Competing Nations................   145
    Quantum Information Science......................................   134
    Research Security Strategy Policy and China......................   137
    Returning Humans to the Moon.....................................   131
    Wallops Flight Facility..........................................   132
                                   __________

                OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

    Additional Committee Questions...................................   293
        Questions Submitted by Senators:
            Boozman, John............................................   297
            Capito, Shelley Moore....................................   299
            Collins, Susan...........................................   297
            Coons, Christopher.......................................   295
            Feinstein, Dianne........................................   293
            Kennedy, John............................................   300
            Moran, Jerry.............................................   296

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