    [Senate Hearing 118-638]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-638

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2025

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

                                    HEARINGS

                                    before a

                              SUBCOMMITTEE OF THE

                COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 SECOND SESSION

                                       on

                               H.R. 9026/S. 4795

       AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE AND
     JUSTICE, AND SCIENCE, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
                   SEPTEMBER 30, 2025, AND FOR OTHER PURPOSES

                                   __________

                             Department of Commerce
                             Department of Justice
                        Federal Bureau of Investigation
                 National Aeronautics and Space Administration
                          National Science Foundation
                           Nondepartmental Witnesses

                                   __________

             Printed for the use of the Committee on Appropriations

            GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT

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

                                     ______

    	             U.S. GOVERNMENT PUBLISHING OFFICE
     55-290 PDF               WASHINGTON : 2025

                          COMMITTEE ON APPROPRIATIONS

                        PATTY MURRAY, Washington, Chair
    DIANNE FEINSTEIN, California \1\     SUSAN M. COLLINS, Maine, Vice
    JACK REED, Rhode Island                  Chair
    JON TESTER, Montana                  MITCH McCONNELL, Kentucky
    JEANNE SHAHEEN, New Hampshire        LISA MURKOWSKI, Alaska
    JEFF MERKLEY, Oregon                 LINDSEY GRAHAM, South Carolina
    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
    GARY PETERS, Michigan                BILL HAGERTY, Tennessee
    KYRSTEN SINEMA, Arizona \2\          KATIE BRITT, Alabama
                                         MARCO RUBIO, Florida
                                         DEB FISCHER, Nebraska

                          Evan Schatz, Staff Director
                  Elizabeth McDonnell, Minority Staff Director

                                     ------

        Subcommittee on Commerce, Justice, Science, and Related Agencies

                    JEANNE SHAHEEN, New Hampshire, Chairman

    DIANNE FEINSTEIN, California \1\     JERRY MORAN, Kansas, Ranking
    JACK REED, Rhode Island                  Member
    CHRISTOPHER A. COONS, Delaware       LISA MURKOWSKI, Alaska
    BRIAN SCHATZ, Hawaii                 SUSAN M. COLLINS, Maine
    JOE MANCHIN, III, West Virginia      SHELLEY MOORE CAPITO, West
    CHRIS VAN HOLLEN, Maryland               Virginia
    JEFF MERKLEY, Oregon                 JOHN KENNEDY, Louisiana
    GARY PETERS, Michigan                BILL HAGERTY, Tennessee
    MARTIN HEINRICH, New Mexico \3\

                               Professional Staff

                                 Jessica Berry
                               Michael Bednarczyk
                                Lindsay Erickson
                                Blaise Sheridan
                                 Angela Caalim

                             Brian Daner (Minority)
                            Kevin Wheeler (Minority)

                             Administrative Support
                             Alex Shultz (Minority)

        \1\ Died September 29, 2023.
        \2\ Appointed to Committee October 18, 2023.
        \3\ Appointed to Subcommittee November 2, 2023.
                                C O N T E N T S

                                  ----------

                                    hearings

                           Wednesday, April 17, 2024

                                                                       Page

    Department of Justice............................................     1

                            Wednesday, May 15, 2024

    Department of Commerce...........................................    55

                             Thursday, May 23, 2024

    National Aeronautics and Space Administration....................   133
    National Science Foundation......................................   133

                             Tuesday, June 4, 2024

    Federal Bureau of Investigation..................................   183

                                  ----------

                                  back matter

    List of Witnesses, Communications, and Prepared Statements.......   377

    Nondepartmental Witnesses........................................   233

    Subject Index:

        Department of Commerce.......................................   381

        Department of Justice........................................   381

        Federal Bureau of Investigation..............................   381

        National Aeronautics and Space Administration................   381

        National Science Foundation..................................   382

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2025

                                  ----------

                           WEDNESDAY, APRIL 17, 2024

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

        The subcommittee met at 9:30 a.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair), presiding.
        Present: Senators Shaheen, Murray, Reed, Coons, Manchin,
    Van Hollen, Peters, Heinrich, Moran, Murkowski, Collins,
    Capito, Kennedy, Britt, and Fischer.

                           U.S. DEPARTMENT OF JUSTICE

                  opening statement of senator jeanne shaheen

        Senator Shaheen. Good morning. The Appropriations
    Subcommittee on Commerce, Justice, Science and Related
    Agencies, will come to order.
        Welcome to today's hearing to review the President's fiscal
    year 2025 funding request for the Department of Justice.
        Our witness today is Attorney General Merrick Garland.
    Welcome, General Garland. Because this is our first hearing for
    the subcommittee of the year, I also wanted to recognize and
    thank my colleague and Ranking Member Senator Moran. We have
    worked very cooperatively throughout 2024 and in our other
    years on the subcommittee, and I know that will continue, and I
    appreciate that. So thank you, Senator Moran.
        I fully believe that this subcommittee will continue its
    important and bipartisan work this year, both in this
    subcommittee and under the leadership of Full Committee Chair
    Murray, and Vice Chair Collins. And once again, I am ready to
    get to work, and look forward to continuing that bipartisan
    effort. And I think that we will probably be joined later by
    Chair Murray and Vice Chair Collins.
        This year, the President's fiscal year 2025 budget request
    for the Department of Justice is $39 billion in direct
    discretionary spending. That is a 5 percent increase compared
    to fiscal year 2024 enacted for the Department. But
    unfortunately, we are in a fundamentally different position
    than the last time you appeared before this committee, Attorney
    General.
        Last year, we were discussing increases provided in the
    fiscal year 2023 funding legislation, and where the Department
    was proposing program increases to reflect a decade of efforts
    to rebuild after the impacts of the Budget Control Act and
    post-sequestration. Now, we are faced with the impacts of
    significant cuts in fiscal year 2024 that came as a result of
    the Fiscal Responsibility Act's discretionary spending limits.
    Our bill faced a 3 percent cut compared to 2023. That is
    roughly $2.5 billion less than we had in the prior year to fund
    our bill. Those effects are real, and we are hearing for good
    reason from all of our affected agencies about what this truly
    means for staffing and daily operations.
        For the Department of Justice those cuts meant $1.2 billion
    less in fiscal 2023, and we don't know what 2025 will bring,
    but we remain under the constraints of the Fiscal
    Responsibility Act, and I am concerned about those continued
    cuts to discretionary spending. Those cuts have very real
    consequences as we know. The FBI is a good example of those
    impacts. Despite a relatively modest cut of $32 million or 0.3
    percent to salaries and expenses; the amount needed for the FBI
    to maintain its current services for 2024 is actually $484
    million. And this directly affects the FBI's ability to counter
    threats of terrorism and keep our country safe.
        The cuts will reduce FBI's ability to counter threats of
    terrorism, combat violent crime, drugs, gangs, and
    transnational organized crime. Increases are also requested to
    combat drug trafficking and prevent overdose deaths in our
    communities, and that is a particular issue for my home State
    of New Hampshire.
        As I noted last year, critical grant programs rely on the
    Crime Victims Fund, which continues to experience historically
    low deposits. I look forward to continuing to work together to
    ensure that the Crime Victims Fund remains solvent, and welcome
    the discussion today about how the Department is pursuing both
    short- and long-term solutions to ensure the Crime Victims Fund
    remains a dependable source of funding for survivor resources.
    As I said earlier, I also look forward to working with the
    Department as we look at the resources for the Antitrust
    Division to ensure that they can continue to do their work.
        Now, before I close, I want to thank the over 116,000
    career employees of the Department of Justice, including law
    enforcement personnel, intelligence analysts, and attorneys,
    for their tireless work each day to keep Americans safe. Their
    work is not easy, but it is vital to our country, and I am
    grateful for their service.
        Mr. Attorney General, I look forward to your testimony and
    our discussion today. And I will submit my full statement for
    the record.
        Senator Shaheen. And now I would like to recognize the
    subcommittee Ranking Member, Senator Moran.

                    opening statement of senator jerry moran

        Senator Moran. Chair Shaheen, thank you very much, thank
    you for convening this hearing, and thank you for the
    cooperation that you have exhibited with me on this side of the
    dais. I enjoy working with you, and I look forward to doing so
    in this new fiscal year. The complaint yesterday in a hearing
    was: Well, you did get your appropriation bills done, but they
    were 6 months late. So maybe we can get them done and get them
    done on time, and that would be a great, a significant
    accomplishment, although something that ought to. Every city,
    every county, every school board in Kansas passes a budget in a
    timely fashion, and deals with their issues, and I hope that
    our committee can do the same.
        And General, thank you for your presence here. Thanks for
    the new time and adjusting to the Senate's schedule today.
        We are, what we faced last year I think was a 2.9 percent
    cut, and we reduced the spending in the Commerce, Justice,
    Science arena by $2.5 billion, and we will work to see if we
    get a good and fair allocation to, hopefully, make things
    slightly different and better in this fiscal year.
        This hearing is timely and critically important. Kansans,
    in fact all Americans are facing extraordinary threats to their
    security, both from threats here at home and abroad, and the
    Department of Justice is an integral component of addressing
    those challenges. First, President Biden's challenges, the
    affairs at the southern border has led to a national security
    and humanitarian crisis with grave repercussions, we have lost
    our ability to manage, and in some cases even know who is
    crossing our borders. That includes agents of foreign powers,
    potential terrorists, and others who mean to undermine our
    institutions.
        Additionally, it is well-established that most of the
    illicit fentanyl in this country was flooded across the
    southern border by Mexican cartels. I hope to hear how the
    Department plans to disrupt and dismantle these cartels and
    their distribution networks.
        Second, events in the Middle East, including Hamas' vicious
    attack on October the 7 on Israel, and Iran's support for proxy
    forces, and now their own actions, have dramatically elevated
    the risk of terrorist attacks in the United States. We face
    serious threats of coordinated attacks, as was just seen; it
    happened in Russia.
        Third, violent crime continues to plague communities across
    our country. Modest declines in the FBI Unified Crime Reporting
    Statistics mean little when compared to the experiences people
    across the country have encountered and been harmed or
    traumatized by that crime. The DOJ's own reporting, that
    National Crime Victimization Survey showed that a total violent
    crime victimization rose in 2022.
        Finally, cyber capabilities of our enemies are continuing
    to improve, putting our system at greater risk. Foreign
    adversaries, including China, Russia, and criminal gangs that
    operate under the support and protection, are targeting
    municipal drinking water systems, businesses, small and large.
    In fact, Mr. General--Attorney General, our State's Judicial
    Branch was subjected to a cyber attack that was certainly
    disabling for a significant number of months. And the
    agricultural interest in Kansas, our industry in Kansas has had
    these experiences as well.
        Virtually every aspect--excuse me--aspect of modern life
    depends upon the networks and systems our adversaries are
    targeting, and the threats cannot be understated. We live in a
    dangerous world, Attorney General, as you well know. I was with
    the FBI Director in Kansas, 10 days ago, 2 weeks ago, he
    expressed--it was a cybersecurity conference, he expressed
    that, quote: It would be hard--he would be hard pressed to
    think of a time where so many threats to our public safety and
    national security were so elevated, all at once.
        Those are challenges that your Department faces every day.
    I wish them success and I wish to be helpful in making certain
    that we are able to address and reduce those safety and
    national security issues.
        I hope this conversation that we have today will instill
    confidence in the American people that the Department of
    Justice is working to address threats like these and to make
    our world, our country, and our communities a safer place.
        Chair Shaheen, again, thank you; and Attorney Garland--
    Attorney General Garland, thank you again for being with us. I
    look forward to hearing your testimony.
        Senator Shaheen. Thank you very much, Senator Moran. Mr.
    Attorney General, the floor is yours.
    STATEMENT OF HON. MERRICK GARLAND, ATTORNEY GENERAL,
                DEPARTMENT OF JUSTICE
        Attorney General Garland. Thank you, Chair Shaheen, Ranking
    Member Moran, and distinguished Members of this Subcommittee
    for the opportunity to discuss the Justice Department's funding
    request for fiscal year 2025.
        Since I last appeared before you, the public servants of
    the Justice Department have continued to advance our mission to
    keep our country safe, to protect civil rights, and to uphold
    the rule of law. Our U.S. Attorneys' Offices, law enforcement
    agents, and grant-making experts have worked together with
    police and community partners across the country to help drive
    down violent crime.
        We have gone after the cartels that traffic in deadly
    fentanyl. We have prosecuted fraud, recovered stolen funds, and
    challenged illegal monopolies. We have investigated and
    prosecuted hate crimes that terrorize entire communities. We
    have worked to defend the reproductive freedoms that are
    protected by Federal law. We have worked to combat a disturbing
    threat--a disturbing spike in threats of violence against those
    who serve the public, including judges, police officers,
    senators, and even against our own employees. And in everything
    we do, we have worked to ensure the equal protection of law
    that is the foundation of our democracy.
        I am proud of the work we have done. And I am deeply proud
    of the way the Department's public servants, from our agents,
    to our attorneys, to our administrative staff, have gone about
    their work. They have conducted themselves in a way the
    American people should be proud of. But we recognize that we
    have much more to do. Our fiscal year 2025 budget request
    reflects the difficult budget environment that we are in, and
    the extremely difficult choices that we had to make because of
    it.
        It also reflects the resources that we need now more than
    ever to continue our work. When I became Attorney General, 3
    years ago, I knew that grappling with the violent crime that
    surged during the pandemic would be one of our greatest
    challenges.
        I am glad to be able to report that last year we saw a
    significant decrease in overall violent crime compared to the
    previous year, including an over 13 percent decline in
    homicides. That is the largest 1 year drop in homicides in 50
    years, and data indicates that this decline is continuing, as
    The Wall Street Journal recently reported, just this week, in
    the first 3 months of this year, homicides dropped 20 percent
    across 133 cities as compared to the same period last year.
        But I want to be very clear, there is no acceptable level
    of violent crime. Too many communities are still struggling,
    too many people are still scared, and the hard-fought progress
    that we are seeing can easily slip away. We must remain focused
    and vigilant. To continue to keep--to help keep our country
    safe from a range of threats, we are seeking a total of $21
    billion to support the FBI, ATF, DEA, U.S. Marshals Service,
    and the U.S. Attorneys' Offices, as well as the Criminal
    Division and the National Security Division.
        We will use these resources to prosecute illegal gun
    traffickers and straw purchasers, to invest in the advanced
    technological tools that help us fight gun violence, and to
    hold accountable the cartel members, leaders, and associates
    who are responsible for poisoning our communities with
    fentanyl. We will use these resources to counter the threats
    that the governments of Iran, Russia, China, and North Korea
    pose to our country, and we will use these resources to
    strengthen our work to counter both foreign and domestic
    terrorism.
        As the FBI Director has testified, we are facing an
    increasing threat of foreign terrorism since October 7. That is
    why the Department also urges the Senate to act to reauthorize
    Section 702 of the Foreign Intelligence Surveillance Act before
    it expires this Friday. As you know, Section 702 is
    indispensable to our work to protect the American people from
    cyber Nation-State terrorists, and other threats.
        In addition to our own prosecutorial investigative
    resources, we also recognize the importance of our partnerships
    to help keep our country safe. So we are seeking investments in
    the Department's three grant-making components: the Office of
    Justice Programs, the Office of Community Oriented Policing
    Services, and the Office on Violence Against Women. They
    support community and law enforcement partners through more
    than 200 grant programs.
        Our budget requests more than $4.3 billion to support the
    public safety efforts of our State, local, Tribal, and
    territorial law enforcement and community partners, including
    $2.5 billion for the COPS Program. And as part of our effort to
    administer safe and humane Federal detention and prison
    systems, we are requesting $8.8 billion for the Bureau of
    Prisons. That includes resources to address urgent staffing and
    infrastructure needs.
        As I have noted many times before, when the Justice
    Department was founded in 1870 one of its principal purposes
    was the protection of civil rights. Protecting both the safety
    and the civil rights of everyone in our country remains our
    urgent obligation. Our budget seeks $201.3 million for the
    Civil Rights Division to continue its essential work,
    including: to deter and prosecute hate crimes, to ensure
    constitutional policing, to enforce Federal laws prohibiting
    discrimination in all forms, and to protect the right of all
    eligible citizens to vote and to have that vote counted.
        The right to vote is the cornerstone of our democracy;
    protecting that right requires us to protect the citizens who
    we rely on to fairly administer our elections. Our democracy
    cannot function if the officials, workers, and volunteers who
    administer our elections have to fear for their lives just for
    doing their jobs.
        The Justice Department is aggressively investigating and
    prosecuting those who threaten election workers with violence,
    and we will continue to do so. As I said, I am extremely proud
    of the work of the Department's employees, the work that they
    are doing to advance our mission. Their work brings them face
    to face with some of our country's greatest challenges, and
    many of them risk their lives to protect the public. I am
    grateful to them, and I am honored to be here to represent
    them.
        I respectfully ask for your support for the President's
    fiscal year 2025 budget requests so that we can continue our
    work on behalf of the American people. Thank you.

        [The statement follows:]
       Prepared Statement of Merrick B. Garland, Attorney General of the
                      United States Department of Justice
                                  introduction
        Good afternoon, Chair Shaheen, Ranking Member Moran, and
    distinguished Members of the Subcommittee. I appreciate the opportunity
    to appear before you today to discuss the President's Fiscal Year (FY)
    2025 funding request for the United States Department of Justice.
        Since I last appeared before you, the more than 115,000 employees
    of the Justice Department have continued to work tirelessly to fulfill
    our mission to keep our country safe from all threats, foreign and
    domestic; to protect the civil rights of everyone in our country; and
    to uphold the rule of law that is the foundation of our system of
    government.
        Our law enforcement agents, prosecutors, and grantmaking experts
    have continued to work closely with police and community partners
    across the country to help protect the safety of the American people.
        That has included our efforts with law enforcement and community
    partners to replicate successes we have seen in communities that are
    driving down the violent crime that spiked during the pandemic. Our
    U.S. Attorneys' Offices and our Criminal Division are going after the
    individuals and gangs responsible for the greatest violence. Our law
    enforcement agencies are working with their state, local, Tribal, and
    territorial law enforcement partners to seize illegal guns and deadly
    drugs, including fentanyl. And our grantmaking components are working
    closely with local communities to provide targeted support and
    assistance. We are funding evidence-based, community-centered
    initiatives aimed at preventing and disrupting violence. We are
    supporting community policing efforts that build the public trust
    between law enforcement and the community that we know is essential to
    public safety. We are making critical investments in hiring law
    enforcement officers in communities nationwide to address the crisis in
    recruitment and retention. And we are providing much-needed resources
    for law enforcement officer health and wellness.
        We know that we must remain focused and vigilant, but we are
    encouraged by recent FBI data indicating a decrease in violent crime in
    communities across the country in 2023 compared to the prior year,
    including an over 13% decline in homicides. This indicator of declining
    violent crime comes alongside other encouraging data we have seen
    released within the last year.
        And in the wake of the October 7 terrorist attacks on Israel, we
    have worked closely with our law enforcement and community partners to
    monitor the impact the conflict in the Middle East may have in
    inspiring foreign terrorist organizations, homegrown violent
    extremists, and domestic violent extremists both in the United States
    and abroad. Following the October 7 attacks, I directed all of our U.S.
    Attorneys' Offices and all of our FBI Field Offices to meet with local
    law enforcement and community leaders to strengthen our response to
    threats of hate-fueled violence. We have seen a sharp increase in
    threats against Jewish, Muslim, Arab, and Palestinian communities, and
    we are aggressively investigating and prosecuting such threats. We will
    continue to do so.
        We are continuing to prioritize our responsibility to protect both
    the safety and the civil rights of everyone in our country. We are
    prosecuting hate-fueled acts of violence and threats of violence. We
    are protecting the cornerstone of our democracy: the right of all
    eligible citizens to vote and to have that vote counted. We are working
    to ensure constitutional policing and to build trust between law
    enforcement and the communities they serve. And we are enforcing
    Federal law prohibiting discrimination in all its forms. Just last
    fall, only 2 years after I launched the Justice Department's Combating
    Redlining Initiative, I announced that we had secured more than $100
    million for communities across the country that have been harmed by
    discriminatory lending practices.
        The Justice Department is also continuing to fulfill the
    responsibility that underlies all of our work--upholding the rule of
    law. We are adhering to the norms that safeguard the Justice
    Department's independence and integrity. Principal among those norms is
    that we treat like cases alike. There is not one set of laws for the
    powerful and another for the powerless; one for the rich, and another
    for the poor; one for Democrats, another for Republicans; or different
    rules, depending upon one's race or ethnicity or religion. We follow
    the facts and the law. We do not tolerate improper influence of any
    kind. And we apply the law in a way that respects the Constitution.
        Our work to uphold the rule of law includes protecting our
    country's democratic institutions and protecting those who serve the
    public from violence and threats of violence. Since the January 6,
    2021, attack on the United States Capitol, the Department has engaged
    in one of the most complex and resource-intensive investigations in our
    history. We have initiated prosecutions and secured convictions across
    a wide range of criminal conduct that occurred on January 6, as well as
    in the days and weeks leading up to the attack. That includes
    convictions of those who brutally assaulted officers at the Capitol;
    those who obstructed the certification of the presidential election;
    and leaders of both the Proud Boys and the Oath Keepers for seditious
    conspiracy. So far, we have charged over 1,380 individuals and obtained
    over 940 convictions in connection with the January 6 attack.
        We are also continuing to investigate and prosecute those who use
    violence and threats of violence to target Americans who serve and
    interact with the public at every level. Last month, as a result of the
    work of the Department's Election Threats Task Force, a man in
    Massachusetts was sentenced to three and a half years in prison for
    threatening an Arizona election official. Also, in February of this
    year, a woman in Texas was sentenced to 37 months in prison for
    threatening to assassinate a Federal judge in Florida. In February, we
    secured the conviction of a man in Florida for threatening to murder a
    member of Congress. During the first week in January, we charged a man
    in Connecticut for making threats against a Veterans Affairs Medical
    Center and a member of Congress, and we charged an individual in
    Florida for threatening to kill a member of Congress and the
    congressperson's children. Last December, we secured a year-long prison
    sentence for an individual in New Mexico who threatened to ``put a
    bullet'' in the face of a congresswoman. These cases represent just a
    fraction of the work the Department is doing to disrupt and prosecute
    violence and threats of violence against those who serve the public.
        Securing the $37.8 billion in discretionary resources outlined in
    our FY 2025 budget request is critical to our efforts to advance the
    Department's mission in service of the American people.
                            keeping our country safe
        The Department's FY 2025 budget requests more than $21.0 billion to
    sustain and expand the capacities of our law enforcement components and
    U.S. Attorneys' Offices to help keep our country safe. This funding
    includes:

      --$11.3 billion for the Federal Bureau of Investigation (FBI) to
            carry out its complex mission, including keeping our country
            safe from a multitude of serious and evolving threats--which
            include terrorism, espionage, cyber threats, violent crime, and
            the proliferation and potential use of weapons of mass
            destruction;
      --$2.8 billion for the United States Attorneys' Offices, including
            resources to prioritize the prosecution of violent crime;
      --$2.7 billion for the Drug Enforcement Administration (DEA) to
            combat drug cartels and the flow of deadly drugs into our
            communities (in addition to the $651.7 million dedicated to
            DEA's diversion control efforts);
      --$1.9 billion for the U.S. Marshals Service (USMS) to assist local
            law enforcement in apprehending violent fugitives in our
            neighborhoods and to protect our nation's judges and courts;
      --$2.0 billion for the Bureau of Alcohol, Tobacco, Firearms and
            Explosives (ATF) to continue to implement the Bipartisan Safer
            Communities Act, to address the scourge of violent gun crime,
            and to support the National Integrated Ballistic Information
            Network and the National Services Center;
      --$239.3 million for the Criminal Division to prosecute violations of
            Federal criminal law, including cybercrime, drug trafficking,
            child exploitation, and gang and gun-related violent crime; and
      --$143.5 million for the National Security Division to enhance its
            ability to pursue national security threats, including threats
            posed by terrorism, cybercrime, and hostile nation-states.

        Today, I would like to highlight four significant areas the
    Department is focused on in our efforts to help keep our country safe:
    protecting national security; combating violent crime and gun violence,
    including by supporting state, local, Tribal, and territorial law
    enforcement and building public trust; disrupting drug trafficking
    networks and preventing overdose deaths; and protecting Americans from
    economic harm.
    Protecting National Security
        The Justice Department's FY 2025 budget request includes nearly
    $7.7 billion for national security programs to combat the wide range of
    complex and evolving threats facing the United States--while protecting
    civil rights and civil liberties. At the beginning of this year, the
    Justice Department secured the guilty plea of the terrorist who
    attacked NYPD officers in Times Square on New Year's Eve in 2022. That
    case represents just a snapshot of the work the Department is doing to
    help counter the threat terrorism poses to our country. Our request
    includes more than $1.6 billion to support the counterterrorism work of
    our 94 U.S. Attorneys' Offices; our law enforcement components,
    including the FBI and the ATF; our grant-making offices; and our
    litigating divisions, including the National Security Division, the
    Civil Division, and the Criminal Division.
        In addition to sustaining and strengthening our counterterrorism
    efforts, the Department's FY 2025 budget also requests investments in
    our work to investigate, prosecute, and otherwise disrupt the threats
    posed by the governments of the People's Republic of China (PRC),
    Russia, Iran, and North Korea. To address these threats, the Justice
    Department is bringing prosecutions against foreign agents attempting
    to undermine the rule of law in the United States, enforcing violations
    of economic sanctions and export controls, and combating transnational
    repression. For example, in February of this year, the Justice
    Department seized over $108 million and 500,000 barrels of fuel that
    would otherwise have enabled the Government of Iran to further its
    destabilizing activities, including its support of Hamas, Hizballah,
    and other Iranian-aligned terrorist groups.
        In addition, the Justice Department recognizes the threat posed by
    nation-states that are using cyber operations to steal our intellectual
    property, target critical infrastructure, compromise our networks and
    supply chains, and cause significant economic harm. That is why just
    last month, we charged seven members of a hacking group backed by the
    Chinese government for their roles in a years-long scheme targeting
    U.S. and foreign critics, businesses, and political officials in
    furtherance of the PRC's economic espionage and foreign intelligence
    objectives. And, in February 2024, the Department conducted a court-
    authorized disruption of a botnet controlled by Russian intelligence
    services.
        The Department is also accelerating its efforts alongside its
    international partners to meet the threat posed by ransomware groups.
    Two months ago, the Justice Department, together with our partners in
    the United Kingdom, disrupted the LockBit ransomware group. LockBit was
    one of the most active ransomware groups in the world and had targeted
    over 2,000 victims, receiving more than $120 million in ransom payments
    and making ransom demands totaling hundreds of millions of dollars. To
    meet the increasing and evolving cybercrime threat posed by both
    nation-states and criminal groups, the Justice Department's FY 2025
    budget request includes over $1.3 billion to investigate, prosecute,
    and fight cybercrime and strengthen the Department's cybersecurity and
    cyber-resilience. The Department's FY 2025 budget also maintains
    critical resources for the Criminal and the National Security
    Divisions, as well as the FBI and our U.S. Attorneys' Offices, to
    pursue complex intellectual property crime investigations around the
    world.
        The Department has pursued a number of measures to ensure
    accountability for Russia's full-scale, brutal, and unprovoked invasion
    of Ukraine. The Department launched Task Force KleptoCapture (TFKC) to
    further leverage our tools and authorities to combat efforts to evade
    or undermine U.S. sanctions and export controls. We also launched a War
    Crimes Accountability Team to bring to justice the individuals
    responsible for committing atrocities in Ukraine and deter future
    aggression. In December 2023, the Department filed the first-ever
    charges under the U.S. war crimes statute against four Russia-
    affiliated military personnel for heinous crimes against an American
    citizen.
        Congress has been an important partner in strengthening these
    efforts. In January 2023, the President signed into law the Justice for
    Victims of War Crimes Act, which enables the Department to prosecute
    war criminals present in the United States regardless of where the
    offense occurs. And on December 29, 2022, the President signed into law
    the Additional Ukraine Supplemental Appropriations Act of 2023. Among
    other things, the Act authorizes the Department to conduct transfers of
    certain forfeited Russian oligarch assets to the Department of State to
    remediate the harms of Russia's invasion of Ukraine. In February 2023,
    I authorized the first transfer under this new authority.
    Combating Violent Crime and Gun Violence, Supporting State, Local,
            Tribal, and Territorial Law Enforcement, and Building Public
            Trust
        The Justice Department's strategy to reduce violent crime and gun
    violence is rooted in our partnerships: partnerships among Federal law
    enforcement agencies who are assisting in the fight against violent
    crime; partnerships with the state, local, Tribal, and territorial law
    enforcement agencies tasked with protecting their local communities;
    and partnerships with the local communities themselves. We are
    committed to providing our partners with the resources and tools that
    they need to keep communities safe and to strengthen the public trust
    that is essential to public safety.
        As part of that strategy, the ATF, DEA, FBI, and USMS are
    partnering with state and local law enforcement agencies to embed
    agents, seize and trace guns used in crimes, disrupt violent drug
    trafficking, pursue fugitives, and provide other necessary support. And
    our prosecutors are focusing their resources on finding, arresting, and
    convicting the individuals who have repeatedly committed violent
    offenses and criminal organizations that are the principal drivers of
    violent crime. We have also surged prosecutorial resources to cities
    that experienced a record rise in violent crime. In Houston, Texas, and
    Memphis, Tennessee, we launched a Violent Crime Initiative that brought
    prosecutors from the Department's Criminal Division to work closely
    with prosecutors already on the ground to target those responsible for
    the greatest violence. That initiative also engages with community-
    based organizations that focus on violence prevention, intervention,
    and reentry programs. Earlier this year, we announced an additional
    surge of resources to Washington, D.C., to combat violent crime in our
    nation's capital. Earlier this month, we launched the next phase of our
    Violent Crime Initiative in St. Louis, Missouri; Jackson, Mississippi;
    and Hartford, Connecticut.
        We have also been bringing to bear our advanced technological
    tools--ballistics analysis, firearms tracing, gun intelligence centers,
    and local fusion cells--in our work to disrupt illegal gun trafficking
    and reduce gun violence. The Department requests an increase of $18.7
    million to enhance ATF's National Integrated Ballistic Information
    Network and Crime Gun Intelligence Centers.
        Our FY 2025 budget request also reflects the Department's
    commitment to continuing to bring public safety resources to localities
    across the country that need it the most.
        The Department's three grantmaking components, the Offices of
    Justice Programs (OJP), Office of Community Oriented Policing Services
    (COPS), and the Office on Violence Against Women (OVW), provide vital
    support to the Department's state, local, and Tribal partners through
    more than 200 grant programs.
        The Department's FY 2025 budget includes $2.5 billion in
    discretionary and mandatory funding for the COPS Hiring Program to
    enable law enforcement agencies across the country to hire more full-
    time law enforcement professionals.
        Our budget requests needed resources for the Office of Justice
    Programs (OJP) to advance community safety and build community trust.
    Those resources will fund critical longstanding grant programs,
    including $524.5 million for the Edward Byrne Memorial Justice
    Assistance Grant Program, including resources to fund the Department's
    Project Safe Neighborhoods program, and resources to fund the Office of
    Juvenile Justice and Delinquency Prevention grants. This funding will
    also support community violence intervention programs, as well as
    programming that promotes justice and healing for victims of crime. In
    addition, these resources will support the Department's Officer Robert
    Wilson III Preventing Violence Against Law Enforcement Officers and
    Ensuring Officer Resilience and Survivability (VALOR) Officer Safety
    and Wellness Initiative, which provides trainings, research, and
    guidance on preventing violence against law enforcement and supporting
    officer wellness.
        The Department's FY 2025 budget includes resources to support the
    vital work of OVW to improve the country's response to domestic
    violence, dating violence, sexual assault, and stalking. The
    Department's request includes $800.0 million for OVW--an increase of
    $87.0 million above the FY 2024 enacted level--to support both
    longstanding OVW programs and newer ones, such as those addressing
    cybercrimes against individuals and trauma-informed training for law
    enforcement officers. The request includes funding for programs to
    provide support to local, state, Tribal, and territorial partners,
    including prosecutors, officers, courts, and victim services, as well
    as homicide and domestic violence reduction initiatives.
        In addition, the Department's FY 2025 budget seeks key resources to
    protect vulnerable communities and help victims of crime get back on
    their feet. That includes funding to combat child abduction and
    exploitation, protect victims of violence and abuse, reform juvenile
    justice systems, and expand access to sexual assault nurse examination
    programs. The budget also includes a legislative proposal to ensure
    stable and consistent funding levels for the Crime Victims Fund over
    the next decade.
        The Department also seeks $29.1 million for the Community Relations
    Service to provide mediation and conciliation services to communities
    impacted by conflict.
        Our FY 2025 budget requests funding for the Department to address
    the unique public safety challenges facing Tribal communities. Last
    month, I met with Tribal leadership, Tribal law enforcement, and victim
    services experts on the Crow Indian Reservation and heard about the
    challenges that Tribal victims of crime face in accessing the services
    they need to recover and feel safe in their communities. The Justice
    Department recognizes that more must be done across the Federal
    government to keep Tribal communities safe, and to address the crisis
    of missing or murdered Indigenous persons. We remain steadfast in our
    commitment to this work. To that end, we are seeking $713.2 million for
    our law enforcement agencies, U.S. Attorneys' Offices, Office of Tribal
    Justice, and grantmaking components to address the crisis of missing or
    murdered Indigenous persons, and to combat violent crime and support
    public safety initiatives in Indian Country. This includes $261.8
    million in grants for Tribal assistance, victim services, Tribal youth
    programs, and domestic violence reduction programs, including $25.0
    million to help Tribes hold accountable non-Indian offenders who commit
    certain violent crimes in their communities, such as sexual assault,
    domestic violence, and sex trafficking.
        As part of the Department's work to end the gun violence epidemic,
    our FY 2025 budget requests resources to continue to implement the
    Bipartisan Safer Communities Act (BSCA). Since BSCA's enactment in
    2022, the Department has brought charges against more than 420
    defendants under the law's new firearms trafficking and straw
    purchasing criminal offenses.
        In the 22 months since the passage of BSCA, the law's expanded
    background checks have already kept more than 700 firearms out of the
    hands of young people who are prohibited from having them. Our request
    seeks an additional $124.9 million to continue our efforts to disrupt
    gun violence and implement BSCA. The Department's budget proposes
    $884.0 million of mandatory funding for the new Gun Crime Prevention
    Strategic Fund in FY 2025 and $4.4 billion in total over the next 5
    years. That Fund will provide grants to support police and prosecutors
    and provide an infusion of resources to enhance law enforcement access
    to promising technology and evidence-based training, and to modernize
    the recruitment and retention of a 21st century law enforcement
    workforce. In addition, the Fund will provide communities with
    resources they need to set up and support task forces to bring down
    homicide and gun violence.
    Disrupting Drug Trafficking Networks and Preventing Overdose Deaths
        The Justice Department is working every day to get fentanyl and
    other deadly drugs out of our communities and bring to justice those
    who put them there. Over the past 3 years, the Department has zeroed in
    on the Sinaloa and Jalisco cartels, the two largest and most violent
    drug trafficking operations in the world that have wreaked havoc on
    American communities. Our agents and prosecutors are working with
    state, local, Tribal, and territorial partners to break apart every
    link in the cartels' global supply chains, which includes the cartels'
    leaders, their drug traffickers, their money launderers, their
    clandestine lab operators, their security forces, their weapons
    suppliers, and their chemical suppliers. In 2023, DEA seized more than
    79.5 million fentanyl-laced pills and nearly 12,000 pounds of fentanyl
    powder.
        Earlier this month, the Department arrested dozens of Jalisco
    Cartel associates in Texas on charges of cocaine, fentanyl, heroin, and
    meth trafficking. In February, in New York, a precursor chemical broker
    of fentanyl and methamphetamine, who provided chemicals to several
    cartels, including the Jalisco Cartel, was sentenced to 18 years and 8
    months in prison. Earlier this year, an associate of the Sinaloa Cartel
    was sentenced to over 21 years in prison for trafficking deadly drugs
    into the United States. Late last year, we charged the leaders of the
    violent Malas Manas cartel with human smuggling and drug trafficking.
    In October 2023, we announced charges against chemical companies and
    their employees based in China for trafficking fentanyl and
    methamphetamine precursor chemicals into the United States. And in
    April 2023, I announced several significant actions the Justice
    Department took against the Sinaloa Cartel. This included charges
    against the cartel's leaders, its chemical suppliers, manufacturers,
    gun and drug traffickers, and money launderers. In September 2023,
    Ovidio Guzman Lopez, a leader of the Sinaloa Cartel, and the son of
    Joaquin Guzman Loera, also known as ``El Chapo,'' was extradited from
    Mexico to the United States.
        To continue this work, the Department's FY 2025 budget requests
    critical resources to combat violent drug cartels and to stop the flow
    of deadly drugs into our communities. This includes our request for:

      --$3.3 billion for DEA's investigations, counterdrug efforts across
            241 domestic offices and 93 foreign offices in 69 countries
            around the world, and diversion control;
      --$1.4 billion for the USMS's efforts to capture drug trafficking
            fugitives and detain them;
      --$188.9 million for the FBI's counterdrug operations, including
            targeting fentanyl and opioid trafficking on the Dark Web;
      --$550.5 million for the Department's Organized Crime Drug
            Enforcement Task Forces (OCDETF) to combat transnational
            organized crime, money laundering, and major drug trafficking
            networks;
      --$48.0 million for the Criminal Division's efforts to disrupt and
            dismantle drug trafficking networks; and
      --$20.2 million for the Civil Division's efforts to advance national
            chain pharmacy litigation and opioid-related cases.

        Last fall, I spent a morning with people from across the country
    who came to Washington, D.C., for DEA's second annual family summit.
    They attended the summit because they had lost a loved one to a drug
    poisoning or overdose and they wanted to do everything in their power
    to prevent that from happening to another family. I promised them that
    we would remember the victims of the poisoning and overdose epidemic,
    and that we would never give up in our efforts to pursue justice for
    them. I also told them that the Justice Department understands that no
    one person, and no one family can defeat this epidemic alone. That is
    why, in addition to our enforcement efforts, the Department is working
    every day to support communities in their efforts to confront the
    public health challenges of substance use. For FY 2025, the Department
    is requesting more than $490.0 million in grants to address the
    overdose epidemic, including an increase of $23.0 million over the FY
    2024 enacted level for the Comprehensive Addiction and Recovery Act
    (CARA) grants to continue support for the Comprehensive Opioid,
    Stimulant, and Substance Use Program (COSSUP), treatment court
    programs, the Justice and Mental Health Collaboration Program (JMHCP),
    the Veterans Treatment Court Program, and Prescription Drug Monitoring
    Programs.
    Protecting Americans from Economic Harm
        The Justice Department's FY 2025 budget request seeks resources to
    continue our essential work to promote economic competition, prevent
    the theft of intellectual property, deter and prosecute corporate
    crime, protect the government against fraud, and combat corruption.
        That includes supporting the Department's efforts to vigorously
    enforce the antitrust laws that protect consumers from higher prices
    and fewer choices. In March, the Justice Department sued Apple for
    monopolizing smartphone markets in the United States, and earlier in
    the month, JetBlue announced that it had abandoned its $3.8 billion
    acquisition of Spirit Airlines after the Department proved in court
    that a merger between JetBlue and Spirit would have caused tens of
    millions of travelers to face higher fares and fewer choices.
        Our request also seeks resources to continue our work to hold
    accountable the individuals responsible for corporate crime. In
    February of this year, officials from a corn milling company were
    sentenced to Federal prison for their roles in a deadly explosion that
    killed five workers in Wisconsin in 2017. In just the last 3 months of
    2023, we secured the convictions of the CEOs of two of the largest
    cryptocurrency platforms in the world--FTX and Binance. In total, we
    charged over 4,800 white collar defendants nationwide in 2023.
        We are also dedicating resources to addressing the increasing
    overlap between our work related to combating corporate crime and
    protecting our national security, including by investigating and
    prosecuting terrorist financing, export control circumvention, and
    sanctions evasion.
        And we are devoting resources to recovering and protecting taxpayer
    dollars from fraud and abuse. Last fiscal year, settlements and
    judgments under the False Claims Act exceeded $2.68 billion, and the
    government and whistleblowers were party to 543 settlements and
    judgments--the highest annual number of settlements and judgments in
    history.
        Almost 3 years ago, I established the COVID-19 Fraud Enforcement
    Task Force to marshal the resources of the Department, in partnership
    with agencies across government, to combat, prevent, and prosecute
    COVID-19 related fraud. Since then, the Task Force has charged more
    than 3,500 defendants, secured more than $1.4 billion in forfeiture
    orders to recover stolen funds, and filed more than 400 civil lawsuits
    resulting in court judgements and settlements.
        The Department supports legislation to extend the statute of
    limitations for criminal offenses and civil and administrative
    violations affecting COVID-19 pandemic relief funding. Such an
    extension is warranted because of, among other reasons, the size and
    number of the programs affected. Though the COVID-19 health emergency
    may have ended, the Justice Department's work to identify and prosecute
    those who stole pandemic relief funds is far from over.
        To continue our work to protect Americans from economic harm, our
    FY 2025 budget request includes:

      --$288.0 million for the Antitrust Division to help promote
            competition in the American economy and protect workers,
            consumers, and businesses alike;
      --$426.4 million for the U.S. Attorneys' Offices to support their
            efforts to bring cases combating civil and criminal fraud and
            white collar crime;
      --$502.0 million for the FBI to support its work investigating
            corporate crime, fraud, money laundering, intellectual property
            theft, and other economic crimes;
      --$256.1 million for the Civil Division's efforts to enforce laws
            that protect the health, safety, and economic security of
            American consumers;
      --$91.6 million for the Criminal Division to support its anti-fraud
            efforts and their investigations and prosecutions of white
            collar crime; and
      --$129.3 million for the Tax Division, to support its vital work of
            enforcing our tax laws fully, fairly, and consistently.
                            protecting civil rights
        The Justice Department was first established in 1870, in the wake
    of the Civil War and in the midst of Reconstruction, with the first
    principal purpose of enforcing the protections guaranteed by the 13th,
    14th, and 15th Amendments. Protecting civil rights remains our urgent
    charge today. The Department's FY 2025 budget requests significant
    investments to advance our essential work to protect voting rights,
    combat hate crimes, foster trust and accountability in law enforcement,
    expand access to justice, reform the criminal justice system, defend
    federally protected reproductive rights, and advance environmental
    justice and tackle the climate crisis. It also includes resources to
    continue our work to enforce Federal laws prohibiting discrimination in
    lending. In February of this year, the Department reached a $13.5
    million settlement with First National Bank of Pennsylvania to expand
    access to credit services for Black and Hispanic neighborhoods in North
    Carolina that for too long had been denied to them. With that
    settlement, the Justice Department's Combating Redlining Initiative has
    now secured over $122 million in relief for communities across the
    country.
        To protect and advance civil rights, our FY 2025 budget request
    includes:

      --$201.3 million for the Civil Rights Division--an increase of $19.7
            million or 10.8 percent above the FY 2024 enacted level--to
            expand its efforts to protect civil rights, including deterring
            and prosecuting hate crimes, safeguarding fair elections, and
            combating discrimination;
      --$114.5 million for the FBI to support its work to investigate
            alleged violations of civil rights laws;
      --$55.8 million for the U.S. Attorneys' Offices to support their
            civil rights protection work; and,
      --$10.4 million for the Office for Access to Justice to expand equal
            access to justice for all.
    Protecting Voting Rights
        The right to vote is the cornerstone of our democracy, the right
    from which all others flow. The Justice Department is continuing to
    vigorously protect voting rights using all resources and enforcement
    tools at our disposal. Our efforts have included increasing the number
    of enforcement attorneys in the Civil Rights Division to scrutinize
    emerging laws that curb voter access or discriminate against Black
    voters and other voters of color. Our efforts also include filing
    lawsuits throughout the United States to protect the right to vote and
    filing statements of interest and amicus briefs in Federal courts to
    weigh in on critical issues.
    Combating Hate Crimes
        No person and no community in this country should have to live in
    fear of hate-fueled violence and other unlawful acts. We have seen a
    sharp increase in hate crimes in recent years. That is why the Justice
    Department is bringing its collective tools to bear to prevent, deter,
    investigate, and prosecute hate crimes, as well as improve hate crimes
    reporting. The Department's FY 2025 funding request includes an
    increase of $6 million over the FY 2024 enacted level for OJP's Jabara-
    Heyer NO HATE Act program, and an increase of $8 million for the
    Matthew Shepard and James Byrd, Jr. Hate Crimes Program grants.
    Fostering Trust and Accountability in Law Enforcement
        The Justice Department is committed to ensuring constitutional
    policing and to strengthening trust and deepening relationships between
    law enforcement officers and the people they protect. Last month, after
    an investigation by the FBI and prosecution by the Department's Civil
    Rights Division and the U.S. Attorney's Office for the Southern
    District of Mississippi, six former Mississippi law enforcement
    officers were sentenced to between 10 and 40 years in prison for
    multiple flagrant felony offenses, including civil rights conspiracy,
    deprivation of rights under color of law, discharge of a firearm during
    a crime of violence, conspiracy to obstruct justice, and obstruction of
    justice. The Department is also continuing its work to investigate
    allegations of systemic misconduct by law enforcement agencies. We are
    committed to ensuring that the remedies for statutory pattern-or-
    practice violations are fair, transparent, and effective.
        In June 2021, the Department's Federal law enforcement components
    were instructed to develop plans specific to their unique missions to
    expand the use of body- worn cameras. The Department's FY 2025 budget
    requests $94.0 million in new funding to strengthen trust and
    accountability in law enforcement by expanding, formalizing, and
    managing Body Worn Camera programs for the Department's law enforcement
    agencies.
                     additional areas of departmental focus
    Administering a Just and Efficient Immigration Court System
        The Department's FY 2025 budget requests additional resources to
    administer our immigration laws. That means ensuring that every case is
    handled fairly, efficiently, and consistent with due process. The
    Executive Office for Immigration Review (EOIR) needs additional
    resources to address the backlog of cases in immigration court. Because
    of historic case volumes, that backlog has been growing for more than a
    decade, even though immigration judges completed record numbers of
    cases in FY 2022 and FY 2023. To help reduce this backlog, for FY 2025,
    the Department requests $981.1 million--a 16.2 percent increase over
    the FY 2024 enacted level--to enable EOIR to hire 159 new staff,
    including 25 new immigration judges. The FY 2025 budget request also
    seeks funds for EOIR's Digital Transformation Initiative, which, among
    other things, includes EOIR's partnership with the U.S. Digital
    Service.
    Maintaining a Safe and Humane Correctional System
        The Justice Department takes seriously its responsibility to
    administer safe and humane Federal detention and prison systems. The
    Department's FY 2025 budget requests $8.8 billion for the Bureau of
    Prisons (BOP) to ensure the health, safety, and wellbeing of
    correctional staff and incarcerated individuals and to ensure
    transparency, accountability, and effective oversight of all Federal
    prisons and detention centers.
        The request includes funding to enable BOP to optimize its hiring
    efforts, including an increase of $41.0 million, for a total of $205.4
    million in new hiring and retention incentives. The request also
    includes funding to enable BOP to address urgent infrastructure needs
    arising from an inherited backlog of an estimated $3 billion in
    facilities maintenance and repairs.
        The Department is also requesting $409.5 million for BOP to fully
    implement the provisions of the First Step Act and increase programming
    to prepare individuals in Federal prison for successful reentry.
        In addition, the Department's FY 2025 budget requests $2.1 billion
    for the USMS for Federal prisoner detention.
    Promoting Good Government
        The Department's FY 2025 budget request includes funding to promote
    good government efforts that ensure the responsible and efficient use
    of taxpayer dollars. The Department's FY 2025 budget requests an
    increase of $8.3 million for the Department's Inspector General, to
    promote integrity, efficiency, and accountability within the
    Department; and an increase of $51.5 million for Justice Information
    Sharing Technology, to ensure continued progress toward the
    Department's strategic goals of enhancing its cybersecurity posture to
    better support agents, attorneys, analysts, and administrative staff in
    furtherance of our mission.

                                     * * *

        I am extremely proud of the work the Justice Department's employees
    have done to uphold the rule of law, to keep our country safe, and to
    protect civil rights. I respectfully ask for your support for the
    President's FY 2025 funding request so that we may continue and build
    upon that work.

        Senator Shaheen. Thank you, General Garland. The Vice Chair
    of the Full Committee has arrived. Senator Collins, would you
    like to make any opening remarks before we start questions?
        Senator Collins. Thank you very much, Madam Chair. I will
    wait and ask questions. Thank you.
        Senator Shaheen. Okay. Thank you. We will call on Members
    in order of arrival, with the exception of Chair Murray and
    Vice Chair Collins, and ask that people keep their questioning
    to 5 minutes, except for the Chair and Vice Chair, and we will
    alternate between sides of the dais.
        So Mr. Attorney General, we are now, as I said in my
    opening statement, painfully aware of the impacts of the Fiscal
    Responsibility Act and what that means. I cited the example of
    FBI, in terms of the percentage cut, but what that actually
    means in terms of dollars. What will happen at the Department,
    particularly to the law enforcement components if it faces
    similar cuts in 2025?
        Attorney General Garland. Well, I obviously quite agree
    with you. Overall, as a consequence of fiscal year 2024 budget,
    we anticipate needing to reduce a total of 4,813 positions. And
    that is not specifically about law enforcement, but I will move
    to that in a moment.
        The 2025 budget that we are requesting seeks to restore
    1,409 positions. Specifically, with respect to law enforcement,
    between 2023 and 2024, we lost 200 positions in the FBI. Our
    request is an increase of 217 agents which is, as you can see,
    only 17 more agents than we had in fiscal year 2023. For the
    U.S. Marshals Service, we lost 72 Deputy U.S. Marshals'
    positions, we are asking now for an increase of 51, which
    includes what we need for purposes of the increased
    requirements for security for the justices.
        The U.S. Attorneys, between fiscal year 2023 and fiscal
    year 2024, which of course bring our criminal prosecutions, we
    lost 188 positions for Assistant U.S. Attorneys, we are asking
    for 50 over fiscal year 2024, which of course does not make up
    that number.
        I can go through the whole number if you would like--each
    if you would like, but you can see that we are--in most cases,
    we are not going to be able to make up, even, for what we lost
    between 2023 and 2024, but we are doing our best to be faithful
    to the Congressional Statute, and to the Bipartisan Agreement.
        Senator Shaheen. Well, I appreciate that. As we know, the
    challenge is that there are very real impacts for these budget
    cuts, and they will have an effect on the public, and on our
    ability to address all of the issues that the Justice
    Department is working on.
        Senator Moran and I both mentioned in our opening
    statements, as did you, the continuing fight against the opioid
    epidemic, substance misuse, the drug cartels. I continue to be
    very concerned about fentanyl use and poisoning, and New
    Hampshire has lost too many people to fentanyl overdoses. Can
    you talk a little bit about DOJ's efforts to interdict these
    drugs and efforts to find a way to prosecute those responsible?
        Attorney General Garland. Yes, Senator. I have said, and I
    deeply mean this, that fentanyl is the deadliest drug threat
    that this country has ever faced. I have met with families at
    the DEA whose children, whose teenagers, whose infants, whose
    grandparents have died. Mostly not even knowing that what they
    are taking is fentanyl, thinking it is another kind of
    prescription pill that they were able to get over the Internet.
    We don't even refer to this as overdoses anymore; we refer to
    this as drug poisoning, because that is what it is.
        So we are facing this with the urgency it requires, and we
    are trying to dismantle the entire network. So the network
    begins in China. It begins with the precursor companies that
    sell the precursor chemicals that are necessary to make
    fentanyl through Mexico. So we have charged a number of those
    companies. We have indicted a number of their officials. We
    have even been able to snare some of them, the officials when
    traveling outside of China, the Treasury Department has
    sanctioned those companies so people cannot deal with them.
    Some of them are regular prescription drug companies, so
    sanctions are quite important.
        Then we move to Mexico and the importation of these
    precursors. I have traveled to Mexico myself three times, the
    Deputy Attorney General, I believe at least three times, many
    other parts of our law enforcement apparatus have done the
    same, to persuade them to cut off access to these precursors,
    to register them, and they have done some of what we have
    asked. Not all, but that has been important. Then the chemicals
    are made into fentanyl in Mexico, primarily in laboratories. We
    have, again, on my visits, we have urged the Mexican
    government, and particularly the Mexican Military, the Army,
    and the Marines who are responsible, have taken over this task
    to destroy those labs. And they have done some, but not as much
    as we would like.
        We have indicted the principal cartel leaders, including
    the sons of El Chapo, so-called ``Chapitos'' of the Sinaloa
    Cartel, as well as leaders of the Jalisco New Generation
    Cartel, those two are the principal drivers of fentanyl
    trafficking in the United States. On one of my travels, I urged
    the Mexican Government and the Attorney General to approve the
    extradition, and in fact, they did approve the extradition, of
    Ovidio Lopez Guzman--Guzman Lopez, who was a lead Chapito.
    Then----
        Senator Shaheen. Mr. Attorney General, I know you could
    probably go on, which is very helpful.
        Attorney General Garland. Oh. I am sorry.
        Senator Shaheen. We would like to talk all day about what
    is being done to address this. I am out of time, but I also
    have one very brief follow-up, and that is, you mentioned going
    after the precursors in China.
        Attorney General Garland. Yes.
        Senator Shaheen. Are you seeing any difference at all since
    President Biden and Xi signed their agreement around dealing
    with those drugs back last fall? Has there been any change in
    the way China is reacting?
        Attorney General Garland. Yes. We have seen some, but
    nothing like what we want or expect. The President says, the
    words are nice, but we need to verify, and at this point, we
    don't have very much verification.
        Senator Shaheen. Thank you. Senator Moran.
        Senator Moran. Chairman Shaheen, thank you.
        Let me visit with you for a moment, Attorney General, about
    AI and our national security risk.
        Attorney General Garland. Yes.
        Senator Moran. Both Congress and the Department of Justice
    are grappling with the opportunities and threats that are
    presented by the rapid development of artificial intelligence.
    Two months ago, the Department appointed its first Chief AI
    Officer. Yesterday, my colleagues and I, we were, in a letter,
    trying to bring the risk of AI to the attention of other
    colleagues of ours, we specifically are targeting the potential
    catastrophic risk associated with the use of AI and the
    development of biological, chemical, cyber, and nuclear
    weapons.
        I am looking for assurance that the Department has, is and
    will pay sufficient attention to these extraordinary threats to
    our national security. And I would welcome your thoughts about
    what is happening with the--in the new AI Office, as well as
    other DOJ components with national security responsibilities?
    What is happening to consider and mitigate the national
    security risks and other catastrophic risks created by AI?
        Attorney General Garland. Yes, so AI has both promise and
    incredible peril for us, and as is often the case in the
    beginning, offense beats defense here. And we are very
    concerned about the way AI can be used for everything from
    mimicking a normal conversations in text, and therefore
    advancing the ability to do fishing expeditions by getting
    passwords from people, by using their social media to appear as
    if they are a friend, and likewise, just plain hacking and
    constantly and repetitive hacking in a way that clicking on the
    keyboard will seem very 20th century.
        So we are extremely concerned about that. AI has some
    possibilities also for defense. Instead of having to defend
    constantly with human actors, someday we hope to be able to
    develop an AI defense to the cyber attacks you are talking
    about. This does require us to enhance our AI capabilities,
    that is why I recruited the AI head that you are talking about.
    He is a Ph.D. in computer science, who teaches computer science
    at Princeton, got his Ph.D. at Stanford. We are looking to hire
    as many people with those kinds of qualifications as are
    possible.
        And that is why we are asking for the money that we are
    asking for, specifically with respect to cyber, we are asking
    in this budget for $894.6 million, which is an 11.9 percent
    increase in our cybercrime combat, and a $432.9 million
    increase specifically with respect to cybersecurity, which is
    15.6 percent increase.
        Senator Moran. Thank you for highlighting those. Let me
    turn to a different topic. Last week I was disturbed to see an
    NBC News report that an individual on the terrorist watch list
    had been detained by the Border Patrol on the southern border
    and then promptly released. The facts of this case are complex.
    They are nuanced. But according to the report, when the
    detainee appeared before the immigration judge, the DHS
    attorneys did not inform the judge of the potential terrorist
    ties despite having received that warning from the FBI.
        The judge ultimately ordered the detainee to be released. I
    don't expect you to be able to respond to the actions of the
    Department of Homeland Security, but again, I would look for
    assurances that through the FBI, the terrorist screening
    center, the immigration courts are taking the necessary steps
    to ensure suspected terrorists are not simply released into the
    country.
        You talked about the increasing terrorist threat to our
    country. My last trip to the border, there were nationals,
    Chinese nationals who were apprehended in my presence. I see
    this as a significant threat, and I just want really to
    highlight this issue to the FBI and to the Department of
    Justice, making sure that you are doing your job.
        Attorney General Garland. Yes. The FBI's job, and they take
    it extremely seriously, is when they learn information about
    somebody who has been able to pass through the border, to
    follow that person, to deter that person, to disrupt that
    person, and to arrest that person where we can. In the example
    you are talking about, that person has since been detained. And
    we are constantly in discussions with the Department of
    Homeland Security about how to improve the processes between
    Homeland Security and the immigration courts, and at the
    border, with respect to terrorist screening.
        Senator Moran. Thank you, General.
        Senator Shaheen. Senator Heinrich.
        Senator Heinrich. Thank you, Chair.
        Attorney General, as you know, Vice Chair Collins and I
    worked very hard on a number of provisions in the Bipartisan
    Safer Communities Act with respect to both straw purchasing of
    firearms, and then also gun trafficking offenses. Can you give
    us an update about how the Department is using those new
    offenses, and what progress you are making on that front?
        Attorney General Garland. Yes. I would be happy to. So that
    act is really the most important gun legislation in decades,
    and has--already had significant impact on our ability to
    prevent guns from falling into the hands of people who are
    prohibited by Congress from obtaining them because of their
    dangerousness.
        So as a consequence of the Act which extended the
    background checks for people under 21, we have been able to run
    245,000 enhanced background checks, and we have denied 700
    transactions which otherwise would have gone through, 700
    people who should not have guns because Congress has so
    declared. And with respect to the straw purchasers' provisions,
    we have charged more than 420 defendants now with illegal straw
    purchases under provisions of BSCA and associated statutes we
    have on straw purchasing. So I would say it is early days, but
    it has been very effective.
        Senator Heinrich. Yes, we definitely want you to be able to
    use those authorities. What about the Gun Trafficking
    Authority, has that been helpful as well?
        Attorney General Garland. Yes. The gun trafficking allows
    us a separate crime, a separate penalty for trafficking guns,
    where it is known that the guns are going to be used in crime.
    And those have also led to successful prosecutions.
        Senator Heinrich. I want to turn to fentanyl, and obviously
    that is something that is on everyone's mind on this panel. One
    of the things that I worked very hard on in the recent 2024 CJS
    Bill is language to create a comprehensive fentanyl tracking
    system. Can you tell us what you intend to do? I know we got
    that legislation done a little late, as Senator Moran reminded
    us, but we want you to be able to use those authorities, and
    tell us about how you plan to put that together?
        Attorney General Garland. Well, so DEA will be using that
    to track the way in which fentanyl is prescribed and used, and
    that will be very important in our enforcement efforts.
        Senator Heinrich. Are you able to coordinate your efforts
    with DHS to help interdict fentanyl when it comes through land
    ports of entry before it gets to the U.S.?
        Attorney General Garland. So the FBI and DEA do have
    overseas intelligence which they are able to provide to DHS, I
    will say this also comes from our intelligence community writ
    large and not simply the two agencies here. It is definitely
    the case that the more intelligence we can get and the more
    cooperation we can get from the Mexicans as to their
    information about fentanyl being moved to the border, the
    better DHS will be able to interdict it at the border.
        Senator Heinrich. How can Congress help you leverage better
    cooperation from both Mexico and China on this front?
        Attorney General Garland. Well, I am not a diplomat, so on
    that phase I am not sure what Congress can do in this regard,
    but we are making every effort possible. The DEA administrator
    has spoken to her counterpart in China; the President, as you
    know, tried to re-up the cooperation that had been suspended
    with respect to drug trafficking. So at a law enforcement
    level, we are trying to enhance that.
        On the Mexico side, as I said, the President has directed
    members of the National Security Council staff to travel to
    Mexico. I have traveled, the Deputy Attorney General has
    traveled, to try to enhance cooperation and get improvement in
    that.
        Senator Heinrich. We very much appreciate those efforts. I
    want to ask you about something related to treatment for folks
    who know they have addiction to Fentanyl and other opioids. Can
    you talk about what DOJ and DEA are doing to increase access to
    treatments like buprenorphine for patients in need? And this
    has been a particular challenge in New Mexico, where people
    want to get treatment but they can't always get their
    prescription filled to get off of their fentanyl addiction. And
    I am curious if you think it is necessary to remove medications
    like buprenorphine from the suspicious order reporting systems,
    because that seems to be the thing that is hanging up these
    prescriptions for people who are very much wanting to get
    treatment.
        Attorney General Garland. Well, to begin, this mostly comes
    from our grant programs, from the Office of Justice programs.
    We have the so-called ``CARA'' Grants, which is the
    Comprehensive Addiction and Recovery Act. We are asking in this
    budget for $443 million, which is a $23 million increase. Those
    grants include our comprehensive opioid stimulant and substance
    abuse program, the so-called ``CASA'' Program, mental health
    and residential substance use treatment, the drug courts, the
    veteran treatments courts, prescription drug monitoring.
        We also have particularly youth-focused grants, we are
    seeking $47 million there for opioid affected youth. I am not
    exactly sure that I have the information with respect to
    buprenorphine and how it is being treated in that respect, so I
    will have to get back to you on whether----
        Senator Heinrich. Yes. I look forward to following up with
    you on that, because I think we need to send a clear message to
    the pharmacies that they should stock the medications necessary
    for treatment. Thank you, Chair.
        Senator Shaheen. Thank you, Senator Heinrich.
        Senator Collins.
        Senator Collins. Thank you, Madam Chair. Welcome, Mr.
    Attorney General. I very much appreciated hearing the update on
    the effectiveness of the straw purchasing and gun trafficking
    provisions that Senator Heinrich and I authored, and so I won't
    have to ask you about that issue. I do want to turn to a very
    serious and confounding problem that the State of Maine is
    experiencing, particularly in our rural communities. Chinese
    nationals are establishing and operating illegal marijuana
    growing operations.
        I first raised concerns about this problem in June of 2022.
    Thanks to the work of some enterprising Maine journalists, we
    now know that there are more than 200 such operations operating
    in houses across our State. And by the way, those houses are
    forever ruined by the operations, and that contributes to our
    housing shortage as well.
        Last month, I asked the FBI director about this matter
    during his open testimony before the Senate Intelligence
    Committee. While the director has cited the FBI's efforts to
    support taskforce and secure indictments, he was unable to
    answer a fundamental troubling question, and that is: Why is
    China sending its citizens, sneaking them into the country, to
    open illegal marijuana operations in rural Maine communities?
        Just recently, three Chinese nationals were apprehended as
    they crossed the border illegally in Northern Maine. Now, we
    have had a tremendous effort by State, county, and local law
    enforcement to identify and start shutting down these illegal
    operations, but there are very clear Federal interests here,
    particularly with respect to national security.
        Two days ago, your Office of Legislative Affairs finally
    responded to four inquiries that I had sent to the Department
    on this topic. But unfortunately the response letter provided
    almost no substantive information on whether the Department is
    making this a priority, working with State, local, and county
    law enforcement, and exploring the National Security
    implications.
        And I do recognize there is a limit to what you can say in
    a letter of that sort. But General Garland, what are the
    Criminal Division, the National Security Division, and the U.S.
    Attorney's Office in Maine doing to address these illegal
    growing operations? And, in particular, what are they doing to
    support the tremendous, but under-resourced effort, at the
    State, county, and local level?
        Attorney General Garland. Senator, you have raised a
    serious problem. It is not only a Maine problem. So DEA is
    reporting that there are transnational criminal organizations
    in some 20 States that not so much grow houses, but illegal
    marijuana grows. I know specifically with respect to Maine,
    that DEA and the FBI are working with the IRS, and the
    Department of Homeland Security, as well as local law
    enforcement, to investigate those illegal grows.
        I also know that the U.S. Attorney in Maine has made this a
    priority for her office. In most cases, I recommend talking to
    the Office Of Legislative Affairs, but I know you are very well
    synced up with the U.S. Attorney's Office there, and they
    obviously have more very specific Maine information. But I
    don't think anybody could take this more seriously than our
    U.S. Attorney there, and she is able to harness the resources
    of all of our agencies. Not only our own, but also Department
    of Homeland Security and IRS.
        Senator Collins. Do you have a theory on why the Chinese
    are sending people, illegally, into our country to establish
    these grow operations? As you point out, it is not just Maine,
    I believe Oklahoma, for example, has had a problem as well.
        Attorney General Garland. I don't have a theory now.
    Normally, I develop a theory by learning the facts from the
    different investigative entities that look into this. So, at
    this point, I don't have a theory. There are a lot of obvious
    theories including profit motive, and these transnational
    criminal organizations are operating - reason we call them
    transnational is they are operating all over the world to make
    money where they can. But I can't tell you what the specific
    motivation here is.
        Senator Collins. Thank you.
        Senator Shaheen. Thank you, Senator Collins.
        Chair Murray.
        Senator Murray. Well, thank you very much, Chair Shaheen,
    and Ranking Member Moran, for holding this hearing today. Thank
    you, Attorney General Garland, for joining us.
        We all want to make sure that folks back home have a fair,
    functioning justice system, and safe communities, which is why
    we have to make sure DOJ is getting the funding that it needs.
    Effective law enforcement is crucial to protect people from
    cyber attacks, drug trafficking, gun violence, and so much
    more. And it is critical in holding big corporations
    accountable for cutting corners and engaging in unfair
    practices that hurt our consumers.
        And DOJ's work is vital to fighting bigotry and
    discrimination and protecting people's civil rights, including
    the right to vote. So we cannot short-change America's rights
    or their safety. That is why this hearing is so important.
        Attorney General Garland, I am really encouraged by the
    investments your Department has made in Eastern Washington,
    like marshaling new resources and investing in personnel to
    help combat the crisis of missing or murdered indigenous
    people, especially women and girls. DOJ recently launched an
    MMIP Regional Outreach program, which allowed our U.S.
    attorneys for Eastern Washington to add an assistant U.S.
    attorney to their office who is dedicated to prosecuting those
    types of cases in the Northwest. How would the resources that
    your Department is now requesting for fiscal year 2025 build on
    those efforts?
        Attorney General Garland. Yes. This problem of missing or
    murdered indigenous persons is really brought home to me. I
    visited the Alaska Native villages with Senator Murkowski, and
    I recently visited the Crow Reservation in Montana. But this is
    a problem all across Indian Country, and we take it very
    seriously. And in our budget request we have asked for $713.2
    million for this program for public safety in Indian Country to
    include money that we need for FBI, for U.S. Attorneys, and for
    money for the local law enforcement.
        Senator Murray. Thank you, I appreciate that request, we
    look forward to working with you on that. The Crime Victims
    Fund through VOCA accounts for nearly 70 percent of all the
    funding for services that help victims in survivors of crime in
    Washington State, and in Tribal and rural communities, those
    programs rely solely on VOCA funding.
        But we know that deposits into the funds have declined
    recently and have not kept pace with the need, which has led to
    cut to service providers in Washington State, meaning less help
    for victims and survivors, especially in our underserved
    communities in rural areas and on Tribal lands. Can you talk a
    little bit about the importance of those programs and the Crime
    Victims Fund as part of the Department's effort to promote
    public safety and support victims of crime?
        Attorney General Garland. Absolutely. This is an issue that
    is particularly dear to my heart since in the aftermath of
    Oklahoma City I spent a lot of time trying to improve the way
    in which the Justice Department both itself deals with victims
    of horrendous crime, but also helping State and local law
    enforcement, and communities, to deal with these problems.
        So our money for OVW grants this year, we are asking for
    $800 million for the Office on Violence against Women. The
    total amount we are asking from the Crime Victims Fund is $1.5
    billion total, which is an increase of $147 million over
    enacted fiscal year 2024. The victim's money goes to a
    significant number of different places, it goes to the grants
    to combat violence against women, the so-called STOP Grants,
    the Sexual Assault Services Grants, legal assistance programs
    for victims, transitional housing, the access to sexual assault
    nurse exams, culturally specific services. I can talk more
    about the Fund if you want, but those--that is the----
        Senator Murray. I think that is just important for all of
    us to understand the really critical importance of those funds
    as we work to put our budget together. So thank you. I wanted
    to ask you about the Federal Bureau of Prisons Facility at Sea-
    Tac. We had recent reporting from The Seattle Times that found
    that detainees were routinely unable to access basic medical
    care and treatment for acute and painful conditions.
        According to their reporting, 8 of 19 health care positions
    at the Sea-Tac facility are now vacant. That no doubt
    contributes to those issues. What is the Department doing to
    improve access to care for individuals in their custody? And
    what steps is the Department taking to recruit additional
    health care staff?
        Attorney General Garland. So the Director, Director Peters,
    has stated from the very beginning that BOP considers itself a
    health care organization, given how many people need health
    care who are in prison. The Sea-Tac Federal Detention Center
    has strengthened its recruiting efforts and has contracted for
    several more medical professionals recently. In the last 6
    months, it has tripled the size of its Opioid Treatment
    Program, and provided more routine and chronic care. I think
    that the Director has gotten the message with respect to the
    deficiencies there.
        Senator Murray. Okay. And I am going to be following that
    very closely. So I expect to be updated on that as we go. And
    finally, let me just ask you about help for at-risk youth. I
    continue to hear from communities all over my State about the
    need to do more to help at-risk youth avoid delinquency and
    provide better opportunities for them. It is really important
    that the Department's Juvenile Justice Program serve the youth
    that end up in this system, and allow those kids to realize
    their full potential.
        This is an effort that we all know requires coordination
    across nonprofits, and State, and local leaders, and the
    Federal Government. So can you tell me how your budget request
    would support justice-involved youth?
        Attorney General Garland. Yes. So specifically on that
    question, we are seeking $407 million for juvenile justice
    initiatives, which is an 8.5 percent increase. This includes $3
    million for a new collaborative reform for Juvenile Justice
    Initiative for localities that are facing particularly serious
    juvenile issues.
        Senator Shaheen. General Garland, excuse me for
    interrupting. Can you just pull the mic a little closer so that
    people can hear better?
        Attorney General Garland. Yes. I am sorry, yes. The total
    budget we are requesting is $690.8 million to protect children
    and a variety of programs: Office of Justice Programs grants,
    the Office of Justice Program Stop School Violence grants, and
    the other matters that I have already mentioned.
        Senator Murray. Okay, this is a critical program, and we
    will continue to be looking at that. So thank you.
        Thank you, Madam Chair. I appreciate it.
        Senator Shaheen. Thank you so much, Chair Murray for
    joining us.
        And Senator Kennedy.
        Senator Kennedy. Thank you, Madam Chair.
        General, nice to see you again, thank you for being here.
    Your current budget, by my calculations, is $48.3 billion; is
    that right?
        Attorney General Garland. The budget request is for $37.8
    billion for the fiscal year 2025 budget, and that would
    constitute a 3.5 percent increase over the----
        Senator Kennedy. But with mandatory spending, your budget
    is $48.3; is that right?
        Attorney General Garland. I don't have the number for
    including mandatory, but I will certainly be able to get back
    to you for that.
        Senator Kennedy. Well, let us take out mandatory,
        Attorney General Garland. Yes.
        Senator Kennedy. Your discretionary budget right now is
    $37.8 billion.
        Attorney General Garland. The fiscal year 2025 request is
    for $37.8.
        Senator Kennedy. It is not what I am asking.
        Attorney General Garland. I am sorry.
        Senator Kennedy. What is your current budget?
        Attorney General Garland. Well, it is 3.5 percent less than
    that, so I can take out my calculator and do the math, but I
    don't have it in front of me.
        Senator Kennedy. All right, well let me put it another way,
    you are asking for an extra $467 million; is that right?
        Attorney General Garland. The increased amount of money
    that we are asking for, that is approximately right, yes.
        Senator Kennedy. Okay. To your knowledge, in the past, let
    us say 40 years, has the Department of Justice ever come before
    Congress and said we don't need any more, we are going to make
    it with what we have got, in light of the fiscal circumstances
    in the country?
        Attorney General Garland. Normally, I wouldn't want to
    speculate, but in this case, I can't imagine that the
    Department of Justice, facing increasing threats every year:
    violent crime, threats on national security, drug trafficking
    threats, would----
        Senator Kennedy. Is that a no?
        Attorney General Garland. I don't know the answer, but I
    think it would be surprising if the Department ever asked for
    less money. I think that would be not responsible.
        Senator Kennedy. Okay. You talked a little bit in your
    testimony, General, about guns, and you have been very
    outspoken about the need for more gun control. With respect,
    and if you don't mind me asking, do you own a gun?
        Attorney General Garland. I don't.
        Senator Kennedy. Okay. Have you ever fired a gun?
        Attorney General Garland. Many times.
        Senator Kennedy. Okay. Do you have 24-hour security?
        Attorney General Garland. I do.
        Senator Kennedy. Okay. Let me ask you about fentanyl,
    because that is a huge problem, and I know you are worried
    about it, as are we. And we have, of course, got a problem with
    the precursor chemicals coming into Mexico, to the Mexican
    cartels, who manufacture the fentanyl and send it into the
    United States. Isn't a big part of the problem that if you took
    the Mexican drug cartels and turned them upside down and shook
    them that President Lopez Obrador would fall out of their
    pockets?
        Attorney General Garland. Well, I will leave the metaphor
    aside. The Department has said that we do not have an
    investigation of the President of Mexico.
        Senator Kennedy. Do you think the President of Mexico is
    our friend?
        Attorney General Garland. We need cooperation from Mexico.
    Mexico has been somewhat cooperative with respect to our fight
    against the cartels. Not as helpful as I wish they were, but
    without their cooperation, we can't be successful in destroying
    the cartels.
        Senator Kennedy. Why wouldn't--why wouldn't the President
    go to President Lopez Obrador and say, no offense, but the
    fentanyl problem is killing Americans, the illegal immigration
    problem is hurting Americans. If you don't cooperate with us,
    and he clearly hasn't been, and he is not afraid of us, we are
    going to implement tariffs on Mexico until you do.
        Attorney General Garland. I think there are many ways to
    encourage cooperation from another country----
        Senator Kennedy. But that would do it; wouldn't it?
        Attorney General Garland. I don't know whether that would
    do it, or whether that----
        Senator Kennedy. You don't think that would get his
    attention?
        Attorney General Garland. I am not a diplomat, I am not a
    foreign affairs strategist, I know we need their support and
    cooperation. I don't know whether that would be positive or
    negative.
        Senator Kennedy. So we just ask politely?
        Attorney General Garland. Well, we do more than that,
    considerably more than that. I don't know the answer to your
    high level strategy question----
        Senator Kennedy. Let me ask you one last question in my 14
    seconds. I have been dying to ask you this question.
        Attorney General Garland. How long have you been dying to
    ask me this question?
        Senator Kennedy. A long time, a long time. Mr. Hunter Biden
    did not pay taxes on $1 million in 2014 and 2015, and he
    deducted payments from his income tax for personal expenses
    when he did file, for hookers, for a Lamborghini, for strip
    clubs, for sex clubs, for porn website memberships. Why did the
    Department of Justice let the Statute of Limitations run?
        Attorney General Garland. As you well know, Senator----
        Senator Kennedy. So you can't prosecute?
        Attorney General Garland. As you well know, Senator, that
    investigation is being conducted by Mr. Weiss, who was
    appointed by President Trump to be the U.S. Attorney in
    Delaware. Much of the investigation you are talking about
    occurred during the previous administration, under Mr. Weiss.
    Mr. Weiss has continued his investigations. He is now a special
    counsel, he will issue a report which will explain those----
        Senator Kennedy. Are you saying it is Trump's fault?
        Attorney General Garland [continuing]: Which will explain--
    no, I don't know whether there is fault or not. Mr. Weiss will
    explain this in his report.
        Senator Kennedy. But we can't--Mr. Hunter Biden walks free
    on not paying taxes on a million bucks from 2014 and 2015
    because the Department of Justice let it happen, right?
        Attorney General Garland. And again, I am not going to
    comment on decisions made in a pending investigation. In the
    end, Mr. Weiss will issue a report. I will provide the report
    to Congress, you will be able to question Mr. Weiss as to his
    reasoning, and he will be able to defend his reasoning.
        Senator Kennedy. Would you come with Mr. Weiss when he does
    that?
        Attorney General Garland. I am not going to know the
    intricacies of Mr. Weiss' investigation. There would be no
    point. It is Mr. Weiss who is responsible for this
    investigation.
        Senator Kennedy. But you were head of the Department of
    Justice?
        Attorney General Garland. Yes, and I have appointed him as
    special counsel so that he can independently investigate this
    matter.
        Senator Kennedy. Okay----
        Senator Shaheen. Thank you very much, Senator
    Kennedy.Senator Manchin.
        Senator Manchin. Thank you, Madam Chair. And thank you,
    Judge, for being here. I appreciate your service in so many
    capacities, very much so. Let me go into a couple things. This
    week the Senate is going to take up a two-year extension of
    FISA, okay, Section 702. Some groups have raised concern that
    House-passed FISA that was reauthorized would expand the scope,
    the scope of who could be targeted under Section 702 by
    changing the definition of electronic communication service
    providers. I, for one, do not have those concerns because we
    have, basically, expanded upon how we communicate, different
    ways, and we should be looking at everything to protect our
    country. Do you have concerns, or has it been brought to your
    attention?
        Attorney General Garland. Yes, so I know this particular
    issue. Let me first state, as I know you know, 702 is essential
    to our ability to protect the country in many ways, but
    particularly since the Hamas terrorism attacks on October 7,
    from foreign terrorism in the United States. The change that
    you are particularly talking about is a technical change. It is
    a consequence of Internet technology changing in the 15 years
    since FISA and 702 was passed. It is narrowly tailored. It is
    actually a response to the suggestion from the FISA court to
    make--to seek this kind of legislative fix. It does not in any
    way change who can be a target of Section 702, and----
        Senator Manchin. Just the way we gather--what different
    mechanisms we gather information from, I guess, right?
        Attorney General Garland. It can only be--but the target
    can only be a foreign person, located overseas where there is a
    reasonable expectation of getting foreign intelligence----
        Senator Manchin. So it is not of a concern that you have,
    basically from that?
        Attorney General Garland. I don't have any concern with
    this technical fix.
        Senator Manchin. I don't either. I just want to make sure
    you help me confirm that.
        Attorney General Garland. I appreciate it.
        Senator Manchin. But I would like to--I am going to go
    through a few things that people ask me most.
        Attorney General Garland. Of course.
        Senator Manchin. The concern of the border is the greatest
    threat that we face right now. It has been more detrimental to
    our security, I believe, than anything in modern history that I
    have seen. First of all, we haven't taken action on Mexico, it
    seems like we haven't used what tools we have, they are a
    member of the USMCA, you know, the new, the new NAFTA, if you
    will, and they haven't been a good partner, let us put it that
    way. And there has been more people in my State, its number one
    killer is opiates, illicit drugs coming into. We were targeted
    and it just devastated our State.
        Is there anything that can be done, and them being in
    violation of USMCA, which could threaten their--which we would
    have the ability to threaten their participation, or as a
    member of USMCA? That would, to me, to be the greatest concern
    they should have for their economics in their country, and I
    would think they would respond, nothing else seems to have
    worked, and we haven't had the response, basically shutting
    down fentanyl, we haven't been able to shut down the precursors
    from China, and that has killed more people in America since
    the Civil War, is opiates and illicit drugs coming into our
    country, than all the wars combined. It is unbelievable.
        Attorney General Garland. So there is no worse threat this
    country has faced with respect to drugs, than fentanyl. As I
    said somewhat earlier----
        Senator Manchin. And do we have the powers to use USMCA?
        Attorney General Garland. This is an interesting tactic, I
    have not thought about. This is something I might ask my staff
    to talk on and----
        Senator Manchin. Could we work on--could we work with work
    with you on this.
        Attorney General Garland. Ambassador Tai----
        Senator Manchin [continuing]. It would be very helpful if
    we could. There has to be something to shock them into
    realization, that they have to be either a good neighbor, to be
    part of the USMCA, or basically let us declare them not to be a
    good neighbor or deserve the standing they get, because there
    is an awful lot of illicit stuff comes through that border, and
    also a lot of dumping comes into the border that harms our
    economy. I would love to expand that with you.
        And my final question is concerning the border, sir. I get
    more questions on that. Does the President have the ability as
    an executive order, to basically declare an emergency there and
    shut it down? And I know that there is a ruling from Hawaii
    which is the U.S. v. Hawaii Supreme Court ruled that he has the
    broad authority, the President, to suspend the admission of
    migrants.
        I am having a hard time. I have been encouraging them every
    way I possibly can to use the rules--tools that you have, and
    your executive powers to shut this illegal until we get a
    handle on it, because we are not going to come to an agreement
    politically here, unless we are forced to do it.
        Attorney General Garland. So I would say the best solution
    to this problem is the bipartisan proposal with respect to the
    border that had been worked out, both as a combination of
    changes, and who can be removed and who can come into the
    country, as well as the money necessary for the Department of
    Homeland Security to put in x-ray machines that would be able
    to stop----
        Senator Manchin. Let me put it a different way. The
    President has had no problem whatsoever, declaring an executive
    order to, basically, to relieve or remove student debt, and
    that has been challenged, and it has been upheld that he cannot
    do it in court, but he does it anyway. I am fine with whatever
    he thinks he has the right to do. I don't know how this is any
    different to stop illegal and think they are going to take us
    to court, and it might be overturned, but at least it sends the
    message that we are serious about the border, is that----
        Attorney General Garland. I know, as has been reported,
    that the White House is considering a number of options with
    respect to immigration. I don't want to get into our
    deliberations as to the President, and I don't want to, you
    know, make a determination about legality before we have in
    front of us a particular proposal.
        Senator Manchin. Well, I know my time is up. I would love
    to go further into our USMCA with Mexico. I think there is
    something we have to do to shock them into realization. You are
    either going to be a good partner, or you are not going to be a
    partner at all.
        Attorney General Garland. Well, I will ask my staff to talk
    to yours, and also to bring in Ambassador Tai's staff because
    she seems like----
        Senator Manchin. Please.
        Attorney General Garland [continuing]: This is within her
    bailiwick.
        Senator Manchin. I appreciate it very much, sir. Thank you.
        Senator Shaheen. Thank you, Senator Manchin.
        Senator Murkowski.
        Senator Murkowski. Thank you, Madam Chair.
        Mr. Attorney General, welcome, good to see you again. Thank
    you for the trip last summer where you had an opportunity to
    kind of get a little summary on the ground of some of the law
    enforcement public safety issues that we face, primarily in
    rural Alaska. I appreciated that that Chair Murray had
    highlighted murdered missing indigenous persons. The work that
    your teams are doing, working with us in Alaska is very, very
    important. Also appreciate the keen focus here in this
    Committee and the Subcommittee on fentanyl.
        I wish that I could say we are far enough away that we have
    escaped, but our smallest of the small rural villages are being
    targeted because you can sell this poison there for 10 times
    more in a village like Quinhagak, or Togiak than you can in
    even Anchorage. So we all need to keep leaning in on that.
        Back to the issue of Tribal justice, when you were there,
    we had good conversations. I think that was very important. We
    have seen some measurable progress on cross-deputization
    agreements between the State of Alaska and Tribes relating to
    law enforcement. We have got the Not Invisible Commission
    report recommendations that are giving us a little bit of a
    template here, but I am a little concerned in terms of the
    follow-on from your visits in so far as what more we can do to
    address the public safety issues.
        We have asked for some updates, we haven't gotten a lot,
    and I don't want to be in a situation where these villages,
    whether it is Galena, or Huslia, or really any place, feel that
    you came, you saw, and then there hasn't been the follow-on. We
    have got a lot of work I think we know that we need to do to
    implement VAWA 2022 and the Alaska Public Safety pilot.
        So I would ask that you and your team can provide us with
    recommendations for improving the funding opportunities for our
    Alaskan Native community in the short term here. If we can do
    this within the next 30 days, that would be great, if you have
    legislative proposals, but we want to keep the momentum going.
    I know that you committed to me, your teams are working on
    that, but if there are legislative proposals, again, we want to
    try to put some of these in the pipeline.
        Attorney General Garland. We are very happy to do that. I
    will say that it was a real eye-opening experience for me, as
    you told me it would be, to be on the ground there and to see
    the difficulty of transportation between one village and
    another, and the difficulty law enforcement has of reaching a
    village, and the really inexcusable fact that there really
    isn't sufficient law enforcement in any of the villages.
        I can give just one update. I would say as a result of my
    visit, I have been pressing for money for special Tribal
    jurisdiction and this budget request includes a plus $14
    million from fiscal year 2024 for special Tribal criminal
    jurisdiction and I would say it is a consequence of what I saw
    in Alaska.
        Senator Murkowski. Well, let us commit to working through
    some of these specifics going forward. One of the other things
    that I have heard is as our Tribes are looking for Federal
    financial assistance, not only in the public safety space but
    in others, they have been directed to entities for technical
    assistance, but it is technical assistance that is from the
    lower 48, perhaps maybe not culturally responsive or
    geographically relevant to many of the issues that we
    experience there.
        So you know I appreciate what the Department is doing to
    try to help bolster the capacity of Tribes and Tribal
    organizations, as they are looking to gain access to some of
    these grant opportunities. But it is something that I would
    like your folks to look at, because this is--this again is a
    big challenge, if you are talking to somebody who has no idea
    that we don't have, for instance, reservations in Alaska and
    the construct of the governance just makes it that much more
    challenging. So I raise that to you.
        I want to comment, very quickly, on what Chair Murray had
    raised about the Crime Victims Fund. You outlined the benefits
    of it. But I will tell you I am very, very concerned that we
    are going to be in a situation where if additional fines, fees,
    penalties from other sources aren't redirected to address the
    shortfalls, so many of these organizations that just are
    working so hard, they are burning out, they can't deal with
    this year-to-year challenge because they simply don't have the
    resources.
        And it is not only in the Crime Victims Fund, it is the
    impact that we are seeing with our child advocacy centers. Many
    of our CACs have been using additional funding for their base
    operational costs, in addition to VOCA cuts. So you have got
    VOCA funds that are being cut, you have got the CACs that are
    hanging out there. It is just--it is really a tenuous
    situation. I know you know that, but we really need to have
    identified some kind of an offset for this $7.3 billion that is
    proposed to replenish the Crime Victims Fund----
        Attorney General Garland. And there is a proposal. If I
    have time to respond now, I will--I totally agree with you.
    This trying to depend on the amount of money we are able to get
    in any particular year is always going to be uncertain. The
    administration's proposal in the budget, I don't think there is
    legislative text yet, would take effect in 2026, provide $7.3
    billion in mandatory appropriations over 5 years to replenish
    and stabilize the fund. I think that is better than the way we
    are doing it now, year-to-year, and so our staff would be happy
    to speak with the staff of the subcommittee and your own staff
    as well on this proposal.
        Senator Murkowski. Thank you. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Murkowski.
        I understand, General Garland, that you are okay to keep
    going.
        Attorney General Garland. Sure.
        Senator Shaheen. You don't need a break. So let me ask
    Senator Peters to go next.
        Senator Peters. Well, thank you, Madam Chair.
        Attorney General Garland, thank you for continuing to plow
    through, and certainly it is good to see you here today with
    us. Following the October 7 attacks, and the conflict between
    Israel and Hamas, and as that continues, we are seeing
    significant increase in anti-Semitism, anti-Muslim, and anti-
    Arab hate. And I certainly worry a great deal, as I know you
    do, about the increase in hate against these communities all
    across the United States, including schools. We are seeing it
    on college campuses.
        I have heard from Muslim and Jewish constituents who are
    worried for the safety for their families and their houses of
    worship. According to recent reports, the rates of anti-
    Semitism and anti-Muslim hate have hit historic highs in our
    country. And Attorney General Garland, I know you have said
    repeatedly that the Justice Department has absolutely no
    tolerance for violence or unlawful threats of violence fueled
    by anti-Semitism or Islamophobia, and that no person and no
    community in this country should have to live in fear of hate-
    related violence.
        So my question for you is, given this profoundly concerning
    trend, can you speak to how the Department utilizes your
    existing resources, whether via Civil Rights Division, or
    elsewhere, to support these communities that are being
    impacted? And in what ways does the Department need additional
    support to respond given the large increase of this type of
    violence around the country?
        Attorney General Garland. Yes. I couldn't have said it
    better than you did with respect to the level of our concern
    since the Hamas attacks on October 7, spiking hate crimes of
    both against with respect to Islamophobia and with respect to
    anti-Semitism, have just gone through the roof. We have brought
    quite a number of prosecutions even during that time since
    October 7, and we treat this in the most serious way. We have
    to disrupt and deter such acts. The only way, in the end to do
    that, is to get heavy sentences.
        With respect to our work in this, this is a combination of
    the work from our Civil Rights Division side and from our,
    where it becomes domestic violent extremism, to our national
    security side. We have asked for $201.3 million, which is a
    10.8 percent increase for the Civil Rights Division, 14
    attorneys, much of that to cover hate crime investigations,
    which are spiking.
        The FBI Civil Rights Section has asked for $114.5 million,
    which is an increase in 30 percent for that purpose. In the
    U.S. Attorneys' Offices, we have asked for $55.8 million, an
    increase of 12.2 percent for the Civil Rights Coordinators to
    work on these kinds of matters. An important but little known
    part of the Department is our Community Relations Service,
    which tries to mediate conflicts so that they don't get to the
    stage that we are talking about here. And for them, we are
    asking for $29.1 million, which is a 21.2 percent increase.
        That is on the civil rights side. We have another whole set
    of requests on the national security side where this moves from
    hate crimes to what we would regard as domestic terrorism.
        Senator Peters. All right. Well, good, and it is important
    to keep that focus, and I appreciate your focus on that in your
    request. In 2018, I led the successful bipartisan effort to
    authorize a new grant program that is entitled the Emergency
    and Transitional Pet Shelter and Housing Assistance Grant
    Program. This program was set up as a pass-through with funds
    initially going to the USDA, but the grants are administered by
    the Department of Justice, and it provides emergency and
    transition shelter options for domestic violence survivors with
    companion animals.
        And this is actually very critical given that studies have
    shown that victims of abuse are less likely to leave a very
    abusive situation if they have a beloved pet. Abusers often
    target that pet. And in fact, a number of studies have shown
    that on average, a person who is being abused, a survivor, will
    delay leaving a relationship for up to 2 years, 2 years being
    in that, because clearly they care about this pet who is going
    to be the a target of further abuse.
        So this vital program helps the Federal Government ensure
    that more domestic violence shelters can accommodate victims
    with pets, or they arrange a third party to make sure that the
    victim knows that that pet will be secure. And in the years
    since its launch, we have seen demand far outstretch the
    available funding. And in fiscal year 2024, I secured
    authorized funding of $3 million for the program.
        So my question for you, Attorney General Garland, do you
    agree that it is essential that we continue funding a grant
    program authorized by my PAWS Act, and help empower victims of
    domestic violence with the tools they need to escape the
    violent situations that they are in?
        Attorney General Garland. We have to protect the victims of
    domestic violence, and thanks to the PAWS Act over the last 3
    years our Office of Victims of Crime has made 31 awards,
    totaling $8.8 million for the nonprofit entities that support
    domestic violence survivors and their pets as they navigate
    into transitional housing.
        Senator Peters. Great. Well, I appreciate your support of
    the program and your statement on the necessity of doing this
    to help our survivors. Thank you.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Peters.
        Senator Moran.
        Senator Moran. Chair, thank you again,
        General, let me raise three things in pretty--I hope, short
    order. We have talked, I think since the beginning of my time
    at CJS and your arrival as Attorney General, about my desire to
    focus law enforcement grants. There lots of opportunities for
    local law enforcement to compete for grants to support local
    law enforcement, but we have highlighted numerous times, to you
    and to your predecessor, about the challenges that small law
    enforcement agencies and small communities have.
        They don't have a grant writer. It takes a police officer
    off the street, or a sheriff's officer off the roadway to apply
    for grants, and we have encouraged the Department to create a
    separate grant program specifically for small communities. I
    just would like to ask you if you,--I doubt that you have with
    you, but would you see if there is any statistics that indicate
    how we are faring in getting small law enforcement agencies
    across the country additional resources as compared to others
    or compared to the past?
        Attorney General Garland. Yes, I will be happy to go back
    and ask how those statistics compare. The problem you pointed
    out has been pointed out to me by local sheriffs, by local
    police departments in small rural areas. It is a problem
    because they, you know, they don't have grant writers, they
    don't have the--they may not even know about the availability.
    So we have, our Office of Justice Programs and our COPS Office
    have gone to great lengths to try to simplify the applications,
    to reach out to rural law enforcement about the possibility of
    getting grants and of helping and assisting in the
    applications. But I don't know the statistics, and I will get
    back to you.
        Senator Moran. We would like to see if it is working. I had
    suggested, and I don't know whether the suggestion--this
    predates you at the Department--but that there be created a
    separate grant application and program for those small
    agencies. Let me also highlight anti-Semitism and hate crimes,
    and you have focused your attention on this issue, and I
    appreciate that. But according to data tabulated by the Anti-
    Defamation League, there were 5,204 incidents between October 7
    and the end of 2023. That is a number that is greater than the
    entire total of those instances in 2022.
        I commend you for your recognition of this issue and
    efforts, and is there things that you would point to, specific
    proposals in the Department's budget request that would be
    evidence of attention to anti-Semitism and hate crimes?
        Attorney General Garland. Well, you are absolutely right
    about that. I spoke at the Anti-Defamation League Conference
    earlier this year, and recited the statistics that the FBI has,
    which are very much consistent with the statistics that ADL
    itself is reporting. The parts of our budget that are relevant
    here, and are most important, are the increases for the Civil
    Rights Division, which has particular jurisdiction over hate
    crime prosecutions.
        The FBI's Civil Rights Section, which supports those
    prosecutions, and our National Security Division and U.S.
    Attorneys' Offices that bring these cases--the U.S. Attorneys'
    Offices bring the hate crime cases, but then also bring along,
    with the National Security Division, where hate crimes progress
    even further across the board into domestic terrorism.
        Senator Moran. Finally, General, I would mention an
    occurrence in Kansas, the United States Penitentiary in
    Leavenworth went into lockdown and then modified its operations
    beginning March the 1st, now more than a month ago, there are
    security situations in the BOP facility. I know that can
    require certain actions to protect the safety of inmates, as
    well as the staff, but these status changes are inherently
    disruptive. And of course, we need to remember that inmates are
    entitled to civil rights, and that the BOP staff are entitled
    to a functioning environment.
        My understanding is this issue with this circumstance is
    close to being resolved, if it hasn't already been today, but I
    wanted to make sure it was a priority for you and the
    Department.
        Attorney General Garland. As I am not specifically familiar
    with the situation at Leavenworth, but I will ask my staff to
    get back to yours today.
        Senator Moran. Thank you. I just really wanted to bring it
    to your attention. Thank you.
        Senator Shaheen. Thank you, Senator Moran.
        Senator Reed.
        Senator Reed. Welcome, Attorney General. Last summer, the
    Senate Banking Committee passed the Safer Banking Act. It is
    bipartisan legislation designed to help State-approved
    marijuana businesses to access banking services. Section 10 of
    the original Senate legislation would have compromised law
    enforcement and National Security by requiring banks to notify
    customers when the government requested termination of an
    account. In essence, the original language meant that serious
    criminals could be tipped off that they are under
    investigation.
        That includes fentanyl distributors, gun runners, mob
    bosses, et cetera. Fortunately, through a bipartisan committee
    process, we worked to address major flaws in Section 10 and
    curbed its negative effects. Do you agree that such a policy
    would handcuff law enforcement and the intelligence community
    if they had to--the bank had to disclose that their account has
    been terminated by law enforcement?
        Attorney General Garland. I have to say I am not familiar
    with the provisions of--I know what the Act is and the
    proposal, I am not familiar with the requirements in general.
    As a theoretical matter, without commenting on that, obviously
    if we are investigating someone, and that person is advised of
    our investigation, that makes our investigation, all the more
    difficult and may compromise it, but I can't answer
    specifically with respect to the statute.
        Senator Reed. Let me prepare a letter, and send it to your
    office so that you and your staff can review it and then
    respond. I know when you come up here it is sort of a range of
    issues from the--all the way across the board, so I completely
    understand that. A quick other question and again, and this
    might not--I think you would be familiar with this. The
    reauthorization of FISA, there was a great debate in the House
    about a warrant requirement. Would you support a warrant
    requirement for U.S. persons--in 702?
        Attorney General Garland. So 702 is absolutely essential to
    our ability to protect the country from everything from Nation
    States to foreign terrorist-inspired attacks in the United
    States. I don't support a warrant requirement. We are not--we
    are talking about information that has already been lawfully
    collected pursuant to a court order, because the target is a
    foreign individual, operating abroad where foreign intelligence
    information is likely. And courts have never required us to
    search lawfully collected holdings with a warrant.
        So I don't think it is constitutionally required. We have--
    I am concerned about errors in the query system that occurred,
    and when I first came in these were reported to me and I
    directed the Deputy Attorney General and the FBI Director to
    put quite a number of fixes in to prevent that problem, and the
    consequences been a mass--a really large decrease in the number
    of queries that are made, in excess of 90 percent, and a
    compliance rate in the area of 98 percent.
        The problem with a warrant is a warrant requires probable
    cause of something, and we don't have probable cause at the
    stage of the query. A query is intended to find out what is in
    our holdings so we can determine whether we have probable
    cause. If you impose a warrant requirement with the probable
    cause requirement, it effectively makes queries impossible to
    go forward. So it would just eliminate our ability to use 702
    to find out what information we have with respect to foreign
    terrorism, with respect to cyber attacks, or with respect to
    foreign intelligence collection by our adversaries.
        Senator Reed. Mr. Secretary as you--excuse me--Attorney
    General, as you understand there is an immediate requirement to
    renew FISA because it lapses.
        Attorney General Garland. Yes.
        Senator Reed. Are you comfortable with the House version of
    the legislation?
        Attorney General Garland. Not knowing exactly what the
    House version is, I am comfortable with, with the provisions
    that provide for the fixes that we have administratively put
    into place, and that do not require, though, a warrant
    requirement.
        Senator Reed. Thank you very much. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Reed. Senator Fischer.
        Senator Fischer. Thank you, Madam Chair. Welcome, Mr.
    Attorney General. It is good that you are here and I appreciate
    that you are here. Thank you.
        I noticed that President Biden's budget request for the
    Justice Department states that its goal is to uphold the rule
    of law. I appreciate this goal, but I don't see a budget that
    truly supports this vision. I see cuts to resources for local
    law enforcement who are struggling right now. I see the
    elimination of a program that helps put criminal illegal aliens
    in jail, and I am seeing cuts like these in favor of more
    spending to fulfill President Biden's political goals. Smart
    and responsible budget cuts are important, but if you really
    want to uphold the law, cuts to law enforcement programs aren't
    the right place to start.
        For example, your funding request for the community-based
    violence intervention and prevention initiative is $110 million
    more than the funding you are seeking for the Regional
    Information-Sharing Systems Program known as RISS. RISS is a
    proven communications program that helps State and local law
    enforcement combat criminal activity.
        As nice as community intervention programs are, they will
    never replace the men and women in uniform who hold the Thin
    Blue Line every single day. The President's request actually
    tries to cut funding for the RISS Program by several million
    dollars. Did the Department assess a reduced need for RISS
    funding for fiscal year 2025, because that is not what I am
    hearing from Nebraska sheriffs?
        Attorney General Garland. I have to say that funding for
    State and local police is a high priority for the Justice
    Department. We are asking for more than $4.3 billion in funding
    for State and local police, and $16.5 billion in a mandatory
    program over 5 years. We are asking for an increase in our COPS
    Hiring Program of, 893.5 percent, $2.5 billion total, $2.3
    billion increase, that money goes for State and local police
    hiring.
        We are asking for $524.5 million for Byrne JAG grants, $323
    million, a $7.5 million increase, for our Office on Violence
    against Women grants which focus on local law enforcement and
    prosecutors. We have asked for $133 million for our Public
    Safety Officers Benefits Program----
        Senator Fischer. Excuse me. I have limited time, but I know
    there are a number of programs out there, but specifically to
    the RISS Program, which is a program that really offers secure
    information sharing, and communications capabilities,
    investigative support services, and that all enhances our
    officer safety. And so what I am hearing is the priority for
    that program which we are looking at a $4 million decrease, and
    the President's requesting $40 million.
        You compare that to the community-based Violence
    Intervention Prevention Initiative that has increased a top
    line to $250 million over 5 years. So while we are looking at,
    in the fiscal year 2024 budget, zero dollars for that program,
    we are now looking at $150 million increase in that program. So
    I am just curious if you reach out to local law enforcement
    which I know, I know you do, but do you hear a priority being
    for the RISS Program as well?
        Attorney General Garland. I am sorry. It may be even
    embarrassed to say that I am not sufficiently familiar with the
    RISS Program. I have spoken constantly, we meet quarterly with
    State and local law enforcement, and I have gone to more than
    40 U.S. Attorneys' Offices to meet with State and local, this
    issue hasn't been raised for me, but I will ask my staff to get
    back to you. Many of the things you are talking about sound
    like things that are also covered by the other grant programs
    but----
        Senator Fischer. We also face issues because of the chaos
    that we see at our Southern border. There is a program that you
    have there, it is one of the few programs that help States with
    that, it is the State Criminal Alien Assistance Program which
    the President has proposed to cut funding to that entirely,
    entirely, reason being that it is a duplicative program.
        My time is out, but I would like to submit a couple more
    questions to you if you could respond to it, and specifically
    that program, because we are seeing across this country,
    cities, States seeing increased needs for these assistance
    programs because of the chaos that we see at our border, and to
    find one that again is working for my State and to see that
    being cut I would like--I would like to explore the answers
    that you provide for that.
        Attorney General Garland. I will be happy to answer the
    question.
        Senator Fischer. Thank you, sir, very much.
        Attorney General Garland. Yes.
        Senator Shaheen. Thank you, Senator Fischer. Senator----
        Attorney General Garland. Madam Chair, if I could?
        Senator Shaheen. Yes.
        Attorney General Garland. I realized I confused my answer
    to the Senator's question about the House Bill for 702 because
    there have----
        Senator Shaheen. Please clarify.
        Attorney General Garland [continuing]: Been quite a number
    of House Bills. The one that passed the House is the one that
    we do very strongly support. It is the one that passed last
    week, and I do urge the Senate to pass that bill.
        Senator Shaheen. Well, thank you for that clarification.
    Senator Coons.
        Senator Coons. Thank you, Chair Shaheen.
        Thank you so much, Attorney General Garland. Senator
    Fischer and I may find some things to work on out of her
    questioning. We are the co-sponsors of the Recruit and Retain
    Bill that has already passed the Senate and would strengthen
    the COPS Program's ability to help State and local law
    enforcement with recruitment and retention.
        As the co-chair of the Law Enforcement Caucus on the
    Judiciary Committee with Senator Cornyn, and someone who spent
    a decade in local government responsible for the second largest
    police department in our State, I have focused in my 14 years
    here, on partnerships like RISS, like information sharing, and
    ways to support local law enforcement.
        As you said in your opening testimony, the investments, the
    initiatives that you have taken in the Department of Justice
    and the brave men and women who serve us every day through DOJ,
    are having an impact. In my hometown of Wilmington murder is at
    a 20-year low. The broad perception of crime is not improving
    at the rate we would hope, but the reality, in my hometown, we
    had a crisis of shootings and murders that lasted for a decade.
    We are now seeing a persistent, sustained, significant drop in
    violent crime, and I thank you for your leadership on that.
        The American Rescue Plan was the single largest investment
    in law enforcement and public safety by the Federal Government
    in our history, and I am pleased your request builds on that
    success. I wanted to reference four different things briefly in
    my questioning: the Victims of Child Abuse Act and the critical
    work you are doing to help fund and implement that, boosting
    hiring through the COPS Program as I referenced, protecting
    those charged with upholding the law, our judges, at both the
    Federal and local level, and enforcing IP rights.
        I also think it is key that we continue funding the
    implementation of the Bipartisan Safer Communities Act, a
    critical gun safety measure that passed by a broad bipartisan
    margin here in the Senate. I worked hard with Senator Blunt to
    reauthorize the Victims of Child Abuse Act programs, and I
    appreciate the Department's effort to increase, by 7 percent
    the funding for this. It is a critical--children's advocacy
    centers are a critical resource to ensure that law enforcement,
    mental health professionals, medical professionals come
    together to work on child abuse investigations in a child-
    centered way that is effective.
        And I am proud of the work representative Krista Griffith
    and her team at the Children's Advocacy Center of Delaware have
    done, I used a CDS to strengthen that. The need is great, there
    are a significant number of unserved children. Can you explain
    why the Children Advocacy Center Program is important and what
    role it plays in helping solve crimes?
        Attorney General Garland. I have to say I am not intimately
    familiar with the center, obviously we need children's
    advocates when children are victims, they can't advocate for
    themselves they need----
        Senator Coons. Mr. Attorney General, I'll interrupt--I will
    I would be happy to familiarize you with the investigatory tool
    that it is.
        Attorney General Garland. Okay.
        Senator Coons. It is a unique model, its name is somewhat
    misleading but it--I have seen it work on the ground in our
    community. I appreciate your commitment to law enforcement
    hiring and funding new positions. How are you working to ensure
    that small departments can fully access the COPS Program? The
    agency I was responsible for was the second largest in our
    State. But frankly, COPS Programs have made a real impact in
    smaller agencies.
        Attorney General Garland. The Director of the program is
    very sensitive to the concerns of the small agencies, both in
    urban areas and in rural areas, understanding that they don't
    have the luxury of having administrative officers who can fill
    out the forms, do the appropriate collection of data, nor even
    necessarily interrelate with respect to the Internet program,
    so they have developed a reach-out programs, they have
    simplified the applications. And we have tried to make known in
    our quarterly meetings with all the law enforcement agencies
    organizations the availability of these reach-out services.
        Senator Coons. We had a Judiciary Committee hearing on this
    last week, and Director Clements, I urged him to try and strike
    the right balance between ensuring appropriate oversight, and
    auditing and performance standards but minimizing needless and
    duplicative paperwork.
        The Supreme Court Police Parity Act, something that I
    helped get into law, I think signals the seriousness with which
    I take the security of our Federal judges. Also, frankly, the
    vast majority of judicial officers are at the State and local
    level, and Senator Cornyn and I have introduced a bill to
    create a State Judicial Threat Intelligence and Resource
    Center, housed at the State Justice Institute.
        Is the Department tracking an uptick in violent threats
    against Federal judges? And what do you think Congress and the
    Department can do, to help secure the safety of our judiciary
    at the State and Federal level?
        Attorney General Garland. Yes. Yes we are and that is
    reflected in prosecutions that we are bringing. Used to be
    extraordinarily unusual to bring--to have those kinds of cases
    and now we are fielding more and more quite serious threats,
    finding those people and prosecuting them. I say the principal
    way that can be of assistance is the appropriations for the
    Marshals Service, which has in particular an item for
    increasing $28.1 million for judicial security. The Marshall
    Service are the ones who provide judicial security for all the,
    well more than 2,000, Federal judges across the country.
        Senator Coons. Thank you and frankly, while not as urgent
    as police hiring, reducing violent crime, protecting our
    judges, I continue to be gravely concerned about intellectual
    property theft by China. You have a small but effective program
    that helps with the training and implementation of IP theft
    programs. I recommend to you sustaining it, if not growing it.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Coons.
        Senator Capito.
        Senator Capito. Thank you, Madam Chair.
        Thank you, Mr. Attorney General, for being here today, and
    I just wanted to put something on your radar screen that struck
    me when I listened to Senator Moran's question about
    Leavenworth. We wrote a letter to you, a bipartisan letter,
    Senator Manchin and I. We have quite a few employees at the
    Hazelton Prison that has over 3,000 inmates. A whistleblower
    came forward with pretty graphic details of mismanagement,
    abuse, and worse.
        And it is a chronic problem there because I think lack of
    workforce and lack of ability to staff up properly. I don't
    know if you have any reaction to what is going on at Hazelton
    specifically, or do I need to follow up with you?
        Attorney General Garland. We will follow up, but this has
    come to our attention, obviously, not only from your letter and
    I believe the actions were taken over the last couple of weeks,
    but we will get more information to you. I think you are right
    on the problem of recruitment. It is a difficult--it is not
    only Hazelton where it is difficult for us to recruit----
        Senator Capito. Right.
        Attorney General Garland [continuing]: Correctional
    officers. It is a very dangerous job in facilities that have--
    you know, there has not been the capital investment over the
    last decades that is required, and sometimes State and local
    facilities not too far away, they are offering more money in
    terms of salary. So we have asked for money for retention, and
    hiring more than the normal salary that we would otherwise be
    able to pay. That is what the Director thinks is going to be
    necessary to recruit the number of officers necessary to
    provide safety in our prisons.
        Senator Capito. Right. I think safety is the issue
    obviously, it has been at that facility. I know you have
    answered a lot of questions on fentanyl but this is a huge
    issue for West Virginia. We have the most really drug-related
    deaths per capita than any other State, and most of it is tied
    to fentanyl. Do you think that the $2.7 billion is an adequate
    budget for the DEA? And how could our resources be better
    prioritized to reduce and one day eliminate the amount of
    deaths we experience from fentanyl, obviously, to stop the flow
    of fentanyl would be number one, but how would you respond to
    that?
        Attorney General Garland. We would always like more money,
    but we are obviously trying to live within the caps that were
    agreed to. I think the budget that we have asked for is a 6
    percent increase over the enacted for 2024, includes an
    addition of 40 agents which will be very helpful. This also
    includes money for diversion control which was part of the
    problem in quite a number of States with respect to opioids,
    and then there is the money that we have available in grants
    with respect to--for of course State and local opioid addiction
    treatment and protection. So that is the more than $490 million
    in counter drug-related OJP grants, including the CARA Grants
    and the local STOP (ph.) Grants.
        Senator Capito. And we took a trip to Mexico, and met with
    the President of Mexico, and Senator Moran was on that trip
    just briefly and--well, he was on the trip the whole time, it
    was a brief trip. Anyway we sat in and listened to the
    President of Mexico basically tell us that: You have a demand
    problem in the United States, and you have heard him say this
    publicly, and that--because we were imploring him to stop the
    flow of the chemicals that are coming in from China and then
    having the development and production in Mexico and then
    flowing into the United States.
        What is the current state of that disruptive--of that
    needed disruption between the Mexican border and the United
    States in terms of getting the Mexican Government to cooperate
    with our government law enforcements to be able to shut these
    things down?
        Attorney General Garland. Senator I have sat through that
    same discussion three times by the President of Mexico, so I am
    familiar with your frustration. I would say cooperation is
    improving but much, much more is required. They have increased
    the number of precursor chemicals on their--on the list of--
    that have to be registered to come in. They have at our
    request, extradited a number of the people whom we have
    indicted, the heads of the Sinaloa Cartel, the Chapitos, the
    sons of El Chapo, they have destroyed labs.
        And I will say in connection, for example, with their
    arrest of Ovidio, the son of El Chapo, a number of their
    Mexican Marines lost their lives, they are--you know they are
    facing an organization which, in many ways, has more heavy
    weaponry than some small countries. So it is dangerous for
    them, but it is not sufficient. And that is why I keep going,
    that is why my Deputy Attorney General keeps going, that is why
    our law enforcement agencies at all the operational level keep
    going to try to get more cooperation.
        Senator Capito. Thank you. Thank you for coming.
        Attorney General Garland. Um-hum.
        Senator Shaheen. Thank you Senator Capito. Senator Britt.
        Senator Britt. Excellent. Thank you Madam Chair.
        Mr. General, thank you for being here today really
    appreciate it. During last year's hearing I asked you about
    training materials that were used to prepare the U.S. Marshals
    assigned to protective details at the homes of our Supreme
    Court justices in the aftermath of the leaked Dobbs decision.
    Those training materials made it clear that far from having the
    full authority to arrest people under any Federal statute, as
    has been previously testified, the Marshals on the ground at
    the homes of the justices were actively discouraged from making
    arrest under 18 U.S.C. 15--Section 1507.
        As we discussed last year Section 1507 makes it a crime to
    picket or parade near residence occupied by a judge with the
    intent of influencing any judge, juror, witness, or court
    officer, in the discharge of his duty, as I know that you are
    fully aware. In the aftermath of that hearing, I and several of
    my colleagues sent a letter to you on May 3 2023. That letter
    recounted the contents of some of the training materials
    discussed during the hearing, and also discussed new materials
    that we had received afterwards. Those new materials consisted
    of several different versions of post orders that were provided
    to U.S. Marshals assigned to protect the homes of the justices,
    and further confirmed that they had been actively dissuaded
    from making arrest under Section 1507.
        The letter asked for a response to 19 different questions
    and/or document request by May 24, 2023. To date, almost a year
    after it was transmitted to DOJ, I have yet to receive any
    response to that letter. My staff repeatedly reached out to DOJ
    to inquire about the status of the response, including via
    email, on May 26, June 13, and July 11, and by phone on
    numerous other occasions. Staff for this subcommittee actually
    got involved and also reached out to DOJ's appropriation
    liaison office in August to inquire about the status of the
    response to my letter.
        Neither my staff nor the staff of the subcommittee, to my
    knowledge, have received any type of update regarding the
    timeline provided for a response, or an answer to any of the
    questions that were in that document. And so my question to you
    is, is there is a reason that I didn't get a response to that
    letter, and will you commit to me to getting one before the end
    of the week?
        Attorney General Garland. I will speak to my staff about
    the responses to your letter. But as you no doubt know the
    Director of the Marshals Service testified extensively in
    February of this year on the precise questions that you are
    asking, he was subject to further questioning, and he
    explained. He confirmed that what I testified to before this
    Committee was correct, and accurate, and true, that I had--he
    testified that I had directed him that his first priority is to
    protect the lives and safety of the justices of--and their
    children and that they are--have full authority to make arrests
    under any other statute including Section 1507 but that they
    swore----
        Senator Britt. Mr. General----
        Attorney General Garland [continuing]: Swore that they do
    not do so in a way that would risk the lives, with respect to
    someone standing post who sees a----
        Senator Britt. Mr.--well, Mr. General, my question is
    really about the letter, I mean, I just----
        Attorney General Garland. [continuing]: I am answering you,
    there was a testimony by in person and----
        Senator Britt. Right, well that would have been a--sir, if
    I may. Then that would have been an easy thing. You are now
    recounting all of the things that you could have put in a
    letter. I am actually a Member of the United States Senate. I
    may sit on an opposite side of the aisle, I may be from a State
    that doesn't maybe come to your radar, there may be some other
    reason, but I actually deserve an answer. And so I would
    respect that you respect that. And even if that answer is not
    something I like, over a year with no response after we are
    trying to get one, and you could have very easily sent a letter
    that pointed to those things right there. It is disrespectful,
    and I really don't appreciate it. So----
        Attorney General Garland. I have the greatest respect.
        Senator Britt. So in the future though, too, and as a
    former staffer myself, I would assume that somebody sitting
    behind you knows that you didn't respond to me. And I just want
    to say I deserve your respect and I hope that you would give it
    to me in the future. And so even if it is what you just said
    right here, I would like a letter by the end of the week.
        Attorney General Garland. I greatly respect you, Senator. I
    greatly respect the Senate.
        Senator Britt. Thank you.
        Attorney General Garland. I guess I would assume that then
    we all----
        Senator Britt. Then we will--then we will get it. And you
    can put that in the letter, yes sir.
        Attorney General Garland. [continuing]: We will be sure
    that the transcript of the testimony gets to you in a letter,
    yes.
        Senator Britt. Thank you. I appreciate. Given that, I
    actually have a similar concern as Senator Coons--just about
    our Federal Judiciary. And when I look at what is happening
    across the country, I just want a commitment from you that DOJ
    and Marshals Services will enforce all applicable laws, all of
    them, including obviously 1507 to protect Federal judges, and
    that, as he said that we are doing everything that we can. And
    if there is anything that we need to be doing more of that we
    can communicate on that and certainly look forward to
    partnering on making sure that we are doing it.
        Attorney General Garland. As a long-time Federal judge who
    cares very much about the safety and security of my former
    colleagues, I have done way more than any Attorney General in
    history has done, in this respect.
        Senator Britt. Good.
        Attorney General Garland. And I can promise you that I will
    continue to do so.
        Senator Britt. Excellent; and looks like I am out of time.
    Thank you.
        Senator Shaheen. Thank you, Senator Britt. Senator Van
    Hollen.
        Senator Van Hollen. Thank you, Madam Chair.
        Mr. Attorney General. Great to see you today. And I do want
    to start by thanking the President and the Biden Administration
    for all their help and rapid help in response to the bridge
    collapse in Baltimore. There are many pieces we need to pull
    together, but the FBI was--they were among the first on the
    scene to try to rule out foul play, terrorism, and they have
    been--continuing to be present. So thank you and the Justice
    Department.
        We, the State of Maryland has now been enrolled in what is
    called the emergency repair program. It is a program at the
    DOT, and we are really glad to be part of it. Senator Cardin
    and I have introduced legislation to ensure that the
    President's pledge that we as a Federal Government will come
    together and make sure that we cover the costs of the bridge
    replacement are met.
        But we also are writing into that legislation a clear
    directive that any funds recouped as a result of lawsuits or
    the liability will be returned to the Federal taxpayer. That
    reinforces a provision already in law. I just want to ask you
    and the Department for your commitment to work with us to make
    sure that if there is been malfeasance, negligence, that
    Federal taxpayers will be recouped--will recoup expenses that
    they are putting out for bridge replacement.
        Attorney General Garland. We will of course use every tool
    we have with respect to recovering from any wrongdoers if we
    find the kind of wrongdoing that allows us to make those
    recoveries.
        Senator Van Hollen. And as I understand it, whether the
    suits are brought by the Federal Government, or by states
    attorney generals, that the Federal Government has the first
    priority claim on any monies that come in as a result of that.
    Let me also thank you and the President for the regulations
    guidelines that you put forward in response to the Safer
    Communities Act, specifically work to close the ``gun show
    loophole''.
        So I chair the Appropriations Subcommittee that oversees
    the FCC. One of the issues that they try to track and prevent
    are robocalls, which I think every American has been the victim
    of robocalls. And I want to congratulate the Department, DOJ, I
    think in 2021, there was a major recovery of about $10 million
    from one of these operators who was violating the various
    Federal laws. But in testimony by the Chair of the FCC, Chair
    Rosenworcel, she has asked for authority for the FCC to
    directly bring these cases.
        Because as you can imagine, there are lots of robocall
    cases, understandably not all of them, you know, rise to the
    level where DOJ would use its assets to prosecute, but the FCC
    doesn't have the authority to prosecute, they can impose a
    penalty but they can't enforce it. So my question to you is,
    does the DOJ have any opposition to Congress empowering the FCC
    to bring these cases directly in court and enforce them?
        Attorney General Garland. So I haven't thought about that
    specifically, so I have to get back to you. As a general matter
    it has proven to be an element of good government to have all
    of the litigation in the hands of the Justice Department
    overseen by the Deputy--by the Attorney General with respect to
    all of civil and criminal enforcement, to make sure that the
    United States is always taking the same position in different
    cases. These cases involve not just a specific question under a
    statute, but many other civil procedure kinds of questions.
        So I would say as a general matter the Department favors
    the litigation remain in the hands of the Department. I don't--
    I have not heard of any problems from the FCC with respect to
    us not moving vigorously or aggressively enough on those cases,
    but I will get back to you on that.
        Senator Van Hollen. Well, Mr. attorney General. I am happy
    to share with you the testimony of the Chair, and again she
    wasn't being accusatory--with respect to DOJ, but I think it is
    a fact that, you know, given all the cases that you are facing,
    you don't have the time and the resources to commit to many of
    the robocall cases. My understanding is the FCC has some
    authority to bring cases directly.
        Attorney General Garland. Some, yes.
        Senator Van Hollen. Right. So I hope you would agree that
    we can provide the FCC some limited authority to bring cases
    that the DOJ--that are pending, you are correct, and there are
    lots of penalties that are not collected, right. So it is not a
    hit on DOJ, but it is a question of making sure that we enforce
    Federal law.
        Attorney General Garland. I will have to I will look into
    those circumstances and I will ask my staff to talk to yours.
        Senator Van Hollen. Thanks. So one other question, I know
    the FISA legislation has come up, I heard your response to
    that. Many of us believe that at the FISA court there should be
    even more of an opportunity for the sort of people's advocate
    to weigh in in these cases. There is a process as you well--
    might know to file amici briefs, but there is legislation that
    Senator Durban and Senator Wyden proposed, where one element of
    that would be to require the court to appoint amici in certain
    narrow cases involving Americans' First Amendment rights, cases
    involving the investigation of religious figures, members of
    the media, cases involving new technologies or new surveillance
    programs. Would you object to ensuring that an amici is
    appointed in those kinds of circumstances?
        Attorney General Garland. So I tell you this is separate
    from the 702 legislation that you are talking about. This would
    be separate legislation?
        Senator Van Hollen. I think this--no this would be--relates
    to the whole--all the FISA legislation including the Section
    702. This goes beyond 702 I am not talking about----
        Attorney General Garland. Is this about the
    reauthorization?
        Senator Van Hollen. Yes.
        Attorney General Garland. This is not part of that?
        Senator Van Hollen. This part of the reauthorization of----
        Attorney General Garland. 702.
        Senator Van Hollen. I think that is where they are
    proposing to include it.
        Attorney General Garland. I see. So we strongly support the
    bill that passed out of the House, as it is, we need this
    finished by the end of the week or our authorization expires.
    So anything that would get in the way of that happening I would
    be reluctant to tell you, but I have to, that I couldn't
    support. I think the judges know well when they need amicus and
    they have the ability to appoint amicus. From my own experience
    during the time I was in the same courthouse with the FISA
    judges they are very pleased with the amicus that they have,
    and they know well when difficult cases arrive--arise how to
    appoint one and to appoint one, and there is nothing that
    prevents them from doing that now.
        Senator Van Hollen. No. I appreciate that. Madam Chair, I
    will just end by saying, you know, in a typical, you know,
    adversarial proceeding there is a representative there for, you
    know, the adversary here, the question is just whether to make
    sure that the people who may be, you know, on the receiving end
    of the investigation have their rights protected. But we can
    continue that conversation.
        I will say there is quite a bit of concern about this
    provision that came up today, that was added in the House-
    passed bill that was not part of the Warner-Rubio Bill, but I
    am sure that will be a subject of conversation in the coming
    days.
        Senator Shaheen. I am sure it will. Thank you, Senator Van
    Hollen.
        Mr. Attorney General, I understand you have a heard out at
    11:30. I would like to just raise two brief points before we
    close the hearing. In March of 2023 you testified in front of
    the Committee and we discussed anomalous health incidents. I
    relayed the situation of someone I had met on a Congressional
    Delegation visit to the country of Georgia, she was the wife of
    a career employee with the Department of Justice, and her life
    and career had been upended because she had been affected by an
    anomalous health incident, and she had not been able to get
    satisfaction from the Department of Justice for that.
        You talked about taking a look at that and coming up with a
    rule that could be implemented, can you tell me when that draft
    rule is expected to go into effect?
        Attorney General Garland. I can tell you. I signed the
    rule, I believe it is in with the Federal Register now, and as
    soon as they publish we will be able to reach out and start
    processing these claims. I am grateful for your bringing that
    to my attention.
        Senator Shaheen. Well, thank you, and I am delighted to
    hear that that is progressing, and hopefully we can ensure that
    people who have been affected get some satisfaction and some
    help for what has happened to them.
        The other issue is one that you raised earlier in the
    questions from Senator Moran and Senator Capito about
    recruitment and retention of our Federal corrections officers.
    FCI Berlin, which is a prison in Northern New Hampshire, has
    had similar recruitment issues. It is a very rural part of our
    State, far away from lots of urban areas, and while lots of
    people really like that, it makes it hard to recruit.
        Further, a number of officers have been called down to
    facilities in New York which have even more extreme challenges
    with hiring, and have been asked to go serve there for a period
    of time, which creates more concern and pressure in Berlin. We
    are also in the--considered in the Boston Metropolitan area
    which means that the issue you raised about people being able
    to get more pay in other areas is exacerbated because even
    though New Hampshire has a lot of rural areas to put us in with
    the Boston Metropolitan area creates a real problem and that is
    what the Office of Personnel has done.
        So can I just ask that you work with us as we--and with the
    Bureau of Prisons as we take a look at this issue, because it
    creates real challenges for what is already a problematic
    situation?
        Attorney General Garland. Yes. Absolutely, we would be
    happy to do that. And as I mentioned we have a request for some
    $205.4 million for hiring and retention incentives, we are just
    going to have to improve the pay scale for correctional
    officers if we are going to solve this problem in the end.
        Senator Shaheen. Absolutely. And throwing the--it is
    complicated because of that designation of what area you are
    included in, and what that means for pay.
        Attorney General Garland. Yes. Yes.
        Senator Shaheen. Well, thank you. Thank you very much. You
    have been very generous with your time this morning.

                         ADDITIONAL COMMITTEE QUESTIONS

        Senator Shaheen. And if there are no further questions,
    Senators may submit additional questions for the official
    hearing record, and we hope that the Justice Department will
    respond to those questions within a reasonable period of time.
    We usually ask 30 days, but we understand that may not always
    be possible, but hopefully within a reasonable period of time.
        Attorney General Garland. Okay. Thank you. We will.

        [The following questions were not asked at the hearing, but
    were submitted to the Department for response subsequent to the
    hearing:]
                 Questions Submitted to Hon. Merrick B. Garland
                Questions Submitted by Senator Joe Manchin, III
        Question 1. In the FY2024 minibus for CJS appropriations, I secured
    language requiring a report on granting Homeland Security
    Investigations (HSI) Title 21 authority to investigate drug crimes
    without needing authority from the Justice Department.
        This small change, which is supported by the Department of Homeland
    Security, would untie our hands and allow maximum flexibility to take
    the fight directly to the cartels. I understand that the Drug
    Enforcement Agency (DEA) has some concerns with granting HSI this
    authority.

        Do you agree that more agents in the field with proper authority
    would allow us to better combat the drug epidemic?

        Answer. Stopping the flow of fentanyl and other drugs into the
    United States has never been more important. DEA and the Department of
    Homeland Security (DHS) play important and complementary roles in
    combating Federal drug crimes. DEA is the Administration's lead
    investigative agency for combating fentanyl. As such, DEA targets the
    cartels and their networks here and abroad. DHS has a vital role,
    securing the border to stop drugs from coming into the United States
    and pursuing investigations with a nexus to the border. The authority
    DHS currently possesses allows for the interdiction of fentanyl and the
    seizure of other contraband at the border.
        DHS does not need Title 21 authority to execute its border mission.
    In 2023, 98% of all fentanyl seizures by Customs and Border Protection
    occurred on the southwest border. HSI and Customs and Border Protection
    have full authority to effect narcotics, narcotics-related precursor
    and paraphernalia, and drug money seizures and arrests at the border
    and at points of entry. Since illegal narcotics are contraband,
    wherever HSI agents encounter narcotics, they can make narcotics
    seizures and associated arrests. Granting HSI broad, independent Title
    21 authority could shift resources away from the border, thereby
    diverting its resources and mandate away from one of the most critical
    enforcement areas in the fight against fentanyl.
        Moreover, granting DHS Title 21 authority and removing important
    de-confliction practices currently part of the longstanding Interagency
    Cooperation Agreement may discourage cooperation, increase demands on
    both agencies related to deconfliction, and create delays, which would
    lead to more overlap between DEA and DHS, with agents working more of
    the same targets in the interior. The overall effect could be less
    resources at the border, and less efficiency.
        The Department is using all available resources to combat drug
    trafficking, increase access to evidence-based treatment, and prevent
    drug overdose and poisoning deaths in the United States. We are working
    closely with law enforcement agencies here and abroad to stop deadly
    synthetic drugs from flooding into our neighborhoods and to
    aggressively investigate and prosecute those responsible for
    manufacturing and trafficking these drugs.

        What steps could be taken, absent legislation, to improve the
    process by which HSI requests Title 21 authority from DOJ?

        Answer. The Drug Enforcement Administration (DEA) advises the
    following: Right now, HSI has Title 21 authority, delegated by DEA
    pursuant to the Interagency Cooperation Agreement, originally signed in
    2009, and reaffirmed by both agencies in 2021. The Department, DEA,
    Department of Homeland Security (DHS), and Homeland Security
    Investigations (HSI) have recently reaffirmed their commitments to
    working together under the process set forth for DEA delegating Title
    21 authority to HSI and addressing issues related to joint training and
    data tracking.
        Whenever DHS has sought Title 21 authority to execute its border-
    related mission, DEA has granted it. And the delegation process
    promotes critical coordination and deconfliction that makes law
    enforcement more effective. DEA has already delegated limited Title 21
    authority to more than 4,600 HSI agents--which is over 60% of all HSI
    agents, and represents more than DEA's entire Special Agent population.
    There is no cap on the number of HSI agents who may be cross designated
    to investigate illicit drug cases at the borders or ports of entry.
    Every HSI agent who handles border-related investigations is eligible
    to receive delegated Title 21 authority. HSI is also a partner at our
    Special Operations Division. DEA and HSI work to resolve any challenges
    with the agreement.

        Question 2. Last year, Deputy Attorney General Lisa Monaco asked
    Congress to expand its ability to transfer to Ukraine the proceeds of
    forfeited Russian assets. Right now, the Justice Department has this
    authority only as it applies to specific sanctions. There are many
    other economic countermeasures applied against Russia, including export
    controls, from which we are sitting on funds that could easily be
    transferred to Ukraine.
        I worked with the Justice Department to introduce legislation with
    my friend, Senator Lindsey Graham, that provides this authority. Our
    Transferring Illicit Assets to Ukraine Act passed the Senate Foreign
    Relations Committee 20-1 as part of the REPO Act. I am working with my
    colleagues to get this important legislation across the finish line.

        Deputy Attorney General Monaco testified that the U.S. was
    ``leaving money on the table'' without this authority. Can you explain
    how expanding DOJ's transfer authority would unlock hundreds of
    millions of dollars in support for Ukraine at no cost to U.S.
    taxpayers?

        Answer. The Department appreciates your efforts to strengthen the
    Department's ability to expand the Department's authority to allow for
    transfer of forfeited assets for Ukraine's benefit and are supportive
    of the legislation.
        The Criminal Division, Task Force KleptoCapture (TFKC), and the
    National Security Division advise as follows:

        The Department would welcome a technical fix to extend the existing
    transfer authority to cover the full scope of Task Force
    KleptoCapture's work to counter Russian aggression and malign activity.
    In particular, the Department would welcome the authority to transfer
    assets forfeited in connection with additional violations, not just the
    sanctions in the existing legislation. The expansion could cover
    violations of the Export Control Act of 2018, the Export Administration
    Regulations, and other economic sanctions, including the 2014 sanctions
    imposed in response to Russia's earlier invasion of Ukraine. These
    proposed additions in the Transferring Illicit Assets to Ukraine Act of
    2023 would provide the Department the ability to transfer a broader
    swath of forfeited assets for the benefit of Ukraine. The Department
    will continue to work diligently to forfeit such assets and has
    initiated a number of forfeiture actions that, if ultimately
    successful, could make additional assets available to assist in
    rebuilding Ukraine if the Act is enacted.
        In March 2022, the Department launched TFKC, an interagency law
    enforcement task force dedicated to enforcing the sweeping sanctions,
    export restrictions, and economic countermeasures that the United
    States has imposed, along with its allies and partners, in response to
    Russia's unprovoked invasion of Ukraine. TFKC's role is to ensure the
    full effect of these actions, designed to isolate Russia from global
    markets and impose a serious cost for this unjustified war, by
    freezing, seizing, and forfeiting the assets of sanctioned Russian
    oligarchs, and by indicting individuals for violations of U.S.
    sanctions and evasions of export controls.
        The Department continues to work diligently to hold accountable
    those whose actions support and enable Russia to continue this unjust
    war. Since its inception, TFKC has brought criminal charges against
    more than 80 individuals and entities for sanctions evasion and export
    control crimes, and has also seized, forfeited, or otherwise restrained
    a variety of high-worth assets, including luxury yachts, real estate,
    and investment accounts.
        In the Additional Ukraine Supplemental Appropriations Act of 2023,
    Congress authorized the Department to transfer certain forfeited
    property to the Department of State to remediate the harms of Russia's
    invasion of Ukraine. Specifically, the statute authorized the
    Department to transfer property forfeited on the basis of a violation
    of specific sanctions: those authorized by Executive Order 14024, and
    as expanded and relied on by later, related executive orders. This
    meant that property involved in violations of sanctions imposed for
    Russia's invasion of Ukraine could be used for assistance to Ukraine.
    In February 2023, the Department authorized the first ever transfer
    under this new authority.
        Finally, the Department notes that the existing transfer authority
    is scheduled to sunset on May 1, 2025, less than 1 year from now.\1\
    The Department is diligently pursuing forfeitures that may be subject
    to this existing authority, but not all pending forfeiture actions may
    be resolved within that timeframe. Accordingly, Congress may consider
    extending the date on which this authority would sunset beyond May 1,
    2025, in addition to the amendments to expand the authority.

        Question 3. I was proud to help negotiate the Bipartisan Safer
    Communities Act (BSCA), the most significant piece of commonsense gun
    safety legislation in almost three decades. As you know, many of the
    agencies implementing this historic piece of legislation are located in
    West Virginia. For example, the ATF's National Services Center (NSC) in
    Martinsburg, WV, traces illegal guns, and the FBI's Criminal Justice
    Information Services Division, located in Clarksburg, WV, handles the
    National Instant Criminal Background Check System.
        The ATF's recent Final Rule expands the categories of firearm
    transactions that require individuals to conduct background checks and
    register for a Federal Firearms License (FFL). I strongly support
    closing the gun show and other loopholes, but it has always been
    Congressional intent to protect bona fide personal gun transfers,
    especially among family.

        Will you pledge that, under the ATF's Final Rule, individuals
    transferring guns to family members will not need to register as an
    FFL?

        Answer. The Bureau of Alcohol, Tobacco, and Firearms (ATF) advises
    the following:

        On April 10, 2024, ATF's Final Rule, ``Definition of `Engaged in
    the Business' as a Dealer in Firearms,'' amending regulations in title
    27, Code of Federal Regulations, part 478 was signed. The Final Rule
    tracks the statutory language, which, as amended by the Bipartisan
    Safer Communities Act (BSCA), requires anyone ``who devotes time,
    attention, and labor to dealing in firearms as a regular course of
    trade or business to predominantly earn a profit through the repetitive
    purchase and resale of firearms'' to obtain a Federal firearms license.
    The BSCA changed the previous definition of ``engaged in the business''
    by striking the language ``with the principal objective of livelihood
    and profit,'' and replacing it with ``to predominately earn a profit.''
        The Final Rule explicitly states that people engaged in the
    occasional sale or transfer of firearms to family members are not
    presumed to be engaged in the business, and, therefore, do not need a
    license.\2\ This is because, as noted in the Final Rule, a person who
    only sells or otherwise transfers a firearm occasionally to a family
    member is less likely to have a predominant intent to earn a profit due
    to their pre-existing close personal relationship (i.e., a less than
    arms-length transaction).\3\
        Even in circumstances involving repeat sales or transfers to family
    members, the Final Rule makes clear that the totality of circumstances
    governs and that there must always be an intent to earn a profit before
    a license is required. The presumptions in the Final Rule are,
    moreover, based on decades of pre-BSCA case law that continues to be
    applicable today.

        What steps can the Department take with existing resources and
    authority to improve operations at the ATF facility in Martinsburg?

        Answer. The Bureau of Alcohol, Tobacco, and Firearms (ATF) advises
    the following:

        ATF's National Services Center (NSC) in Martinsburg, West Virginia
    is critical to ATF's mission and priorities. The NSC houses several
    mission-critical functions, including the National Tracing Center
    (NTC), the Firearms and Ammunition Technology Division (FATD), and the
    National Firearms Act (NFA) Division. The FY25 President's Budget
    request includes $43.9 million and 25 positions (zero agents) for the
    expansion of the ATF facility in Martinsburg, West Virginia, to address
    overcapacity, which poses significant risk to the ATF's ability to
    execute both its core public safety function, in supporting State and
    local law enforcement to fight gun crime, and for its regulatory
    mission. This program enhancement will also support the accurate and
    efficient processing of all applications to register NFA weapons.
        The NTC is an excellent example of the critical work ATF carries
    out in Martinsburg. Between fiscal year 2000 and fiscal year 2021, the
    NTC processed over 7.6 million firearm trace requests to provide law
    enforcement agencies with strategic and investigative leads, and 53% of
    those searches were completed using out-of-business records provided to
    ATF by closed dealers pursuant to Federal law. Currently, ATF completes
    standard gun crime traces in approximately 7.6 days and urgent gun
    crime traces in approximately 24 hours.

        Question 4. I have always believed that a healthy democracy depends
    on a voting system that is accessible, free, fair, and secure. While
    history will tell you that we have come a long way in ensuring that all
    individuals, regardless of race, sex or political affiliation, have the
    ability to cast their vote, we can all agree that we still have some
    work to do.
        As you are likely aware, recent election cycles have been
    accompanied by wide scale election interference attempts. We have seen
    actors--both foreign and domestic alike--seek to sew doubt into the
    results of the previous two Presidential elections, which culminated in
    the dark day that was the January 6th Capitol Insurrection. I was proud
    to have co-led the group that crafted and passed the Electoral Count
    Reform Act, which we hope will ensure the events of that dreadful day
    are never duplicated.
        However, despite our best efforts, it appears that our country will
    confront similar challenges again. As has been widely reported, Russia
    is once attempting to erode faith in U.S. held elections this November.
    We must do everything to maintain the confidence in our systems and
    ensure that American's most fundamental right is protected.

        What actions is the Department of Justice taking to ensure safe and
    secure elections in 2024 that are free from election interference?

        What resources have you requested to successfully implement your
    aforementioned action plans?

        Answer. Protecting the right to vote was a founding purpose of the
    Justice Department. Today, fulfilling that charge means confronting the
    full range of threats to our elections.
        The Intelligence Community has made clear that Russia remains the
    predominant foreign threat to our elections and that Iran is also
    accelerating its efforts. Our National Security Division and the FBI
    protect our elections from such national security threats, including
    malign foreign influence and cyber-enabled campaigns.
        The FBI advises that through the FBI's Foreign Influence Task
    Force, the Department is identifying and counteracting foreign
    operations that target our democratic institutions, with a specific
    focus on our elections. Part of the Department's strategy involves
    sharing threat information with companies that operate social media
    platforms, so that these companies may take their own independent
    actions to mitigate those threats. That includes sharing information
    about specific accounts on their platforms involved in foreign malign
    influence activity.
        The Department has seen a dangerous increase in violent threats
    against public servants, including those who administer our elections.
    These public servants must be able to do their jobs without fearing for
    their safety or that of their families. Through the Election Threats
    Task Force, our U.S. Attorneys' Offices, and our FBI offices across the
    country, the Department investigates, disrupts, and combats unlawful
    threats against those who administer our elections. The Department also
    provides funding through the Edward Byrne Memorial Justice Assistance
    Grant (JAG) Program that states and localities may use to deter,
    detect, and protect against threats of violence against election
    workers, administrators, officials, and others associated with the
    electoral process.
        Finally, the Civil Rights Division also enforces Federal voting
    rights laws. Through these efforts, the Department is challenging
    discriminatory restrictions on access to the ballot, working to block
    discriminatory redistricting plans, working with jurisdictions to
    ensure that their voting centers are accessible to voters with
    disabilities, and more.
        The Department recognizes the urgency of these threats and is
    prepared to confront them. The Department will continue to protect
    people's safety, and we will continue to protect our democracy.
    ---------------------------------------------------------------------------
        \1\ See Consolidated Appropriations Act, Sec. 1708(d), Public Law
    No. 117-328, 136 Stat. 5200.
        \2\ See 18 U.S.C. 922(a)(1), 923(a).
        \3\ See Final Rule, 89 Fed. Reg. at 29026.

                                     ______

                   Questions Submitted by Senator Gary Peters
        Question 1. Organized retail crime has been harming communities and
    businesses across the country. It's estimated that in 2022 Michigan
    businesses lost more than $2 billion in revenue due to retail theft.

        Attorney General Garland, what actions is DOJ taking, with state
    and local partners, to stem these crimes and prosecute perpetrators?

        Answer. The Organized Crime Drug Enforcement Task Forces (OCDETF),
    FBI, and the Criminal Division advise as follows:

        The Department continues to prioritize efforts to combat organized
    retail theft by working with our law enforcement partners to identify
    these organizations, dismantle them using an enterprise theory of
    investigation, and employ sophisticated investigative techniques.
        For example, the FBI works with state, local, and Federal partners
    around the country through various task force initiatives to combat
    both violent crime and organized crime. The FBI leads eight Major Theft
    Task Forces around the country that are dedicated to defeating criminal
    organizations involved in interstate transportation of stolen goods.
        In July 2023, the Department expanded the mission of OCDETF beyond
    its original counter-drug focus to begin using its joint law
    enforcement resources and capabilities against all transnational
    organized crime threats. As part of that expanded mission, OCDETF has
    established a National Organized Retail Crimes Strategic Initiative
    (NORCI) to address the increasing threats to our economic and national
    security posed by criminal networks committing organized retail crime.
    The NORCI will support investigative and prosecutorial efforts
    targeting organized retail crime groups across the nation, enabling
    Federal agents and prosecutors to develop enterprise investigations
    that dismantle these networks and their money laundering
    infrastructures by promoting the use of all statutory authorities,
    including money laundering offenses, to disrupt and dismantle these
    organizations.

        Question 2. Last year, I released a report on the watchlisting and
    screening processes at airports that raised concerns about the
    terrorist watchlist--including who it is shared with, its
    implementation, oversight, and the redress process.
        In particular, the report found insufficient transparency, lack of
    a holistic approach to screening, and no meaningful options to resolve
    concerns for Americans who believe they are misidentified or subject to
    discrimination. Certain communities, such as Muslim, Arab and South
    Asian Americans, report disparate screening during travel and a
    breakdown in trust over the inability to seek proper redress.
        The Administration, including the DOJ and FBI, must effectively
    target our resources to protect our country from terrorism while
    respecting the rights of Americans.

        Attorney General Garland, what steps have you taken to ensure that
    there is more transparency--especially to Congress--about the watchlist
    and other datasets maintained by the Terrorist Screening Center, a
    recommendation in the report?

        Answer. The Department is committed to working with Congress to
    provide information about the watchlist and other datasets maintained
    by the Terrorist Screening Center (TSC). The FBI is working with
    committees interested in reviewing the updated Watchlisting Guidance.
    The Department is constantly in discussions with the Department of
    Homeland Security (DHS) about how to improve the processes between DHS
    and the immigration courts and at the border with respect to terrorist
    screening.
        The FBI advises as follows:

        The TSC is a multi-agency organization administered by the FBI that
    was established in 2003 through a Presidential Directive. Drawing
    personnel from various U.S. Government departments and agencies, the
    TSC maintains the Terrorist Screening Dataset (TSDS), the U.S.
    Government's consolidated database of identity information about
    individuals known or reasonably suspected to be or have been engaged in
    terrorism or terrorist activities.
        The TSC works diligently to maintain a current and accurate
    watchlist while protecting privacy and civil liberties. A rigorous
    multi-agency vetting process is in place to allow the TSC to determine
    whether a person meets the strict criteria to be added to any
    watchlist. No one may be placed on the TSDS based solely on race,
    ethnicity, national origin, religious affiliation, or any First
    Amendment-protected activities. Continuous review and quality control
    measures improve the ability to make accurate identifications, and the
    TSC is constantly taking advantage of new methods and technologies to
    strengthen its processes. The TSC operates a 24/7 call center that
    conducts identity resolution. Per established processes, when a
    screening agency or law enforcement agency encounters an individual who
    may be a potential match to an individual listed on the TSDS, the
    encountering agency contacts the TSC to confirm whether the individual
    is a positive match to a TSDS record. Encounters may be face-to-face
    (e.g., at a U.S. port of entry or during a traffic stop), electronic
    (e.g., visa application), or paper-based (e.g., review of a visa
    petition). If the individual is confirmed to be a match, the
    encountering agency will take appropriate action, consistent with the
    encountering agency's procedures, policies, and applicable authorities.
    Individual travelers who believe they have been unfairly or incorrectly
    denied boarding, delayed, or otherwise subjected to additional
    screening may seek redress through the Traveler Redress Inquiry Program
    (TRIP), which is administered by DHS. The TSC participates in DHS TRIP
    with respect to any inquiries related to the TSDS.
        The TSC is committed to providing transparency about the
    watchlisting process. In April 2024, the TSC published an updated
    ``Overview of the U.S. Government's Terrorist Watchlisting Process and
    Procedures.'' \1\ That document provides an extensive overview of TSDS-
    related watchlisting and screening processes; quality assurance
    measures; processes relating to the removal of individuals from the
    TSDS; relevant oversight mechanisms; and the applicable redress
    processes.

        Question 3. I have been hearing from formerly incarcerated
    Michiganders about the significant barriers they have faced when
    attempting to reintegrate into society. They have continually cited the
    difficulty in accessing proper documentation--birth certificates,
    social security cards, and state IDs--as they transition back to life
    outside the Federal prison system.
        Such documents are often difficult for the recently released to
    access, preventing them from applying for jobs, finding a place to
    live, and accessing other necessities. A GAO report from 2022 stated
    that only about half of those formerly incarcerated in a Bureau of
    Prisons facility are released with at least one ID document in their
    possession. This leaves a significant portion of those formerly
    incarcerated without the necessary documents they need for
    reintegration. This is despite the Federal statutory requirement that
    the Bureau establish prerelease planning procedures that help inmates
    obtain critical identification documents.

        Attorney General Garland, what are some barriers preventing BOP
    from ensuring all those released have some form of documentation? Are
    these barriers in any way related to resource constraints?

        Answer. The Bureau of Prisons (BOP) advises as follows:

        BOP works to ensure every U.S. citizen leaving its custody has
    proper legal identification obtained either from a Federal or state
    agency, or in the form of a Release ID Card. The lack of proper legal
    identification documents can hinder the ability to obtain jobs,
    housing, and other resources formerly incarcerated individuals need to
    successfully reenter the community.
        BOP developed a Release ID Card, equipped with security features
    similar to those required by the REAL ID Act, to ensure all U.S.
    citizens leaving custody have a temporary form of identification to be
    used when completing the Employment Eligibility Verification (I-9)
    form. BOP worked collaboratively with the Government Publishing Office
    (GPO), Transportation Security Administration (TSA), and Immigration
    and Customs Enforcement (ICE) to develop its Release ID Card.
        All BOP facilities now have the ability to utilize the Instant ID
    system to generate Release ID Cards. Since October 2023, BOP and GPO
    have generated over 6,500 Release ID Cards. Twenty-six states,
    including Michigan, accept the Release ID, however, six do not. BOP is
    reengaging with the states that have not responded to letters, emails,
    and phone calls regarding the Release ID Card. The states that have not
    accepted the Release ID Card have indicated that their regulations
    limit the types of documentation they can accept to issue a Real ID
    Card. BOP is continuing to work to increase access to identification
    documents.
    ---------------------------------------------------------------------------
        \1\ Federal Bureau of Investigation, Overview of the U.S.
    Government's Terrorist Watchlisting Process and Procedures as of April
    2024 (2024), https://www.fbi.gov/file-repository/terrorist-
    watchlisting-transparency-document-april-2024-050224.pdf/view.

                                     ______

                Questions Submitted by Senator Susan M. Collins
        Question 1. I am concerned about drones being used to bring
    contraband items such as cell phones, drugs, and weapons into
    correctional facilities.

      --What is the Department doing to counter the threats posed by drones
            at Federal correctional facilities and to assist state
            officials in countering this problem?
      --Does the Department support the use of no-fly zones, signal
            jammers, or other novel means to counter the threats posed by
            drones at state and Federal correctional facilities?
      --What can Congress do to assist the Department and its state
            counterparts in their efforts to counter the threats posed by
            drones at correctional facilities?

        Answer. The Bureau of Prisons (BOP) advises as follows:

        To counter the threat posed by drones at correctional facilities,
    BOP has worked with the Department and with the Federal Aviation
    Administration (FAA) to restrict the airspace over all its secure
    facilities. Additionally, BOP has deployed drone detection technology
    at its high-risk facilities where the threat posed by drone-introduced
    contraband is high.
        Following drone detections and interdictions, BOP works closely
    with other Federal, state, local, Tribal, and territorial law
    enforcement located around BOP facilities to investigate and prosecute
    drone contraband deliveries. For example, in November 2022, following a
    joint investigation by the FBI, BOP, the Jefferson County Sheriff's
    Office, and the FAA, a man pleaded guilty in the U.S. District Court
    for the Eastern District of Texas to owning or operating an
    unregistered drone earlier that year.\1\ He had intended to use the
    drone to drop contraband, including tobacco, cell phones, cell phone
    chargers, various tools, vape pens, and other items, into Federal
    Correctional Complex Beaumont.
        As another example, following a joint investigation by the
    Department of Transportation Office of Inspector General, FBI, BOP, and
    Fort Worth Police Department, and with assistance from the FAA and the
    Dallas Police Department, on April 6, 2023, a Texas man was sentenced
    to 41 months of incarceration for flying a drone loaded with
    contraband, including methamphetamine, cell phones, MP3 players,
    pressed THC, and tobacco, into the Federal Medical Center Fort Worth, a
    Federal correctional center.\2\
        In June of 2023, with assistance from BOP's Office of Security
    Technology, the Department's National Institute of Justice published a
    series of reports for prison and jail leaders and staff concerning the
    threat of contraband delivery via drones into correctional facilities.
    The report is publicly available here: https://nij.ojp.gov/topics/
    articles/addressing-contraband-prisons-and-jails-threat-drone-
    deliveries-grows.
        Congress could enact the Administration's durable, multi-year
    reauthorization and expansion of Counter-Unmanned Aircraft Systems (C-
    UAS) authority to allow, in addition to BOP, state law enforcement to
    use drone detection and mitigation technology without being subject to
    liability under Federal criminal laws. Safeguarding the Homeland from
    the Threats Posed by Unmanned Aircraft Systems Act of 2023 (S. 1631 and
    H.R. 4333) represents bipartisan solutions that expand the authority,
    coupled with coordination requirements with the FAA, to ensure the
    continued safety of the National Airspace System and meaningful
    enhanced protections for privacy, civil rights, and civil liberties.
    ---------------------------------------------------------------------------
        \1\ Press Release, United States Attorney's Office for the Eastern
    District of Texas, Houston Man Guilty of Attempting to Use Drone to
    Drop Contraband into Beaumont, Federal Prison Complex, (Nov. 8, 2022),
    https://www.justice.gov/usao-edtx/pr/houston-man-guilty-attempting-use-
    drone-drop-contraband-beaumont-Federal-prison-complex.
        \2\ Press Release, United States Attorney's Office for the Northern
    District of Texas, Texas Man Pleads Guilty to Delivering Contraband to
    Prison via Drone, (Oct. 6 2022), https://www.justice.gov/usao-ndtx/pr/
    texas-man-pleads-guilty-delivering-contraband-prison-drone.

                                     ______

                  Questions Submitted by Senator John Kennedy
        Question 1. On November 18, 2022, you appointed Jack Smith to be
    special counsel to oversee the Department of Justice's criminal
    investigations into former President Donald Trump. Before or after that
    appointment, have you made or given any suggestion, insinuation,
    encouragement, or advice (in any form) to Jack Smith, Jack Smith's
    staff, or anyone else at the Department of Justice to the effect that
    President Trump could or should be prosecuted before the 2024
    presidential election? If so, please provide full details.

        Question 2. A March 22, 2024, article published by the New York
    Times (``Inside Garland's Effort to Prosecute Trump'') describes
    President Trump's decision to announce his 2024 presidential campaign
    on November 15, 2022, and your decision to appoint Jack Smith to be
    special counsel on November 18, 2022. According to the article, a ``few
    weeks before'' this decision, Jack Smith visited your office and was
    asked ``how quickly he could start.'' To the best of your knowledge,
    during this meeting or any other meeting with Jack Smith, did you or
    anyone in your office suggest, insinuate, encourage, or advise (in any
    form) Jack Smith, Jack Smith's staff, or anyone else at the Department
    of Justice to the effect that President Trump could or should be
    prosecuted before the 2024 presidential election? If so, please provide
    full details.

        Question 3. To the best of your knowledge, has anyone at the White
    House or the Department of Justice suggested, insinuated, encouraged,
    or advised (in any form) you, one of your associates, Jack Smith, or
    Jack Smith's staff to the effect that President Trump could or should
    be prosecuted before the 2024 presidential election? If so, please
    provide full details.

        Question 4. On November 9, 2022, President Biden--speaking at a
    White House press conference--was asked how Biden would ``reassure [G7
    nations] . . . that the former President will not return or that his
    political movement, which is still strong, will not once again take
    power in the United States? '' President Biden responded: ``Well, we
    just have to demonstrate that he will not take power . . . if he does
    run. I'm making sure he, under legitimate efforts of our Constitution,
    does not become the next President again.'' (Emphasis added.) About one
    week later, you appointed Special Counsel Jack Smith to oversee the
    Department of Justice's criminal investigations into former President
    Donald Trump. To the best of your knowledge, has President Biden or any
    other White House officials (or associates or agents of the president)
    ever made or communicated or given any suggestion, insinuation,
    encouragement, or advice (in any form) to you or anyone else at the
    Department of Justice to the effect that President Trump could or
    should be prosecuted before the 2024 presidential election? If so,
    please provide full details.

        Question 5. To the best of your knowledge, has any individual or
    entity within the Department of Justice made or given any suggestion,
    insinuation, encouragement, or advice (of any form) to Jack Smith, Jack
    Smith's office, or anyone else at the Department of Justice to the
    effect that President Trump could or should be prosecuted before the
    2024 presidential election? If so, please provide full details.

        Answers to Questions 1-5. The Department makes decisions based on
    the facts and the law. Politics played no part in my decision to
    appoint Jack Smith as Special Counsel. The decision to appoint Special
    Counsel Smith in this matter underscores the Department's commitment to
    conducting our work independently and ensuring the integrity of
    investigations and prosecutions. The Department's policies and
    longstanding practices, such as the Principles of Federal Prosecution,
    guide the timing of investigative steps and filing charges. Under the
    Department's Special Counsel regulations, the Special Counsel's Office
    is required to comply with Department rules, regulations, procedures,
    and policies. Once charges are filed in court, the timing of the case
    is determined pursuant to judicial proceedings.

        Question 6. The Department of Justice's Justice Manual says that
    ``Federal prosecutors and agents may never make a decision regarding an
    investigation or prosecution, or select the timing of investigative
    steps or criminal charges, for the purpose of affecting any election,
    or for the purpose of giving an advantage or disadvantage to any
    candidate or political party.'' Sec. 9-27.260. If a special counsel
    sought to file charges, recommended a trial date, or otherwise sought a
    prosecution or litigation timeline in order to advantage or
    disadvantage a presidential candidate, would any of those actions
    violate Sec. 9-27.260 or any other provision of the Justice Manual?

        Question 7. Department of Justice's Justice Manual says: ``Federal
    prosecutors and agents may never select the timing of any action,
    including investigative steps, criminal charges, or statements, for the
    purpose of affecting any election, or for the purpose of giving an
    advantage or disadvantage to any candidate or political party. Such a
    purpose is inconsistent with the Department's mission and with the
    Principles of Federal Prosecution.'' Sec. 9-85.500. If a special
    counsel sought to file charges, recommended a trial date, or otherwise
    sought a prosecution or litigation timeline in order to advantage or
    disadvantage a presidential candidate, would any of those actions
    violate Sec. 9-85.500 or any other provision of the Justice Manual? If
    so, please explain which it would potentially violate and why. If not,
    please explain why not.

        Answers to Questions 6-7. The Department speaks through its
    filings, including matters involving special counsels. The Department's
    policies and longstanding practices, such as the Principles of Federal
    Prosecution, guide the timing of investigative steps and filing
    charges. Under the Department's Special Counsel regulations, the
    Special Counsel's Office is required to comply with Department rules,
    regulations, procedures, and policies, which includes the Justice
    Manual. Once charges are filed with the court, the timing of the case
    is determined by the judicial proceedings.

        Question 8. On October 5, 2023, President Trump filed a motion to
    dismiss the criminal prosecution against him in the U.S. District Court
    for the District of Columbia, claiming presidential immunity from
    prosecution for official actions taken as President. On December 1,
    2023, the district judge denied that motion. Jack Smith eventually
    petitioned the U.S. Supreme Court to review President Trump's claim of
    presidential immunity, saying: ``It is of imperative importance that
    [President Trump's] claims of immunity be resolved by this Court and
    that [President Trump's] trial proceed as promptly as possible if his
    claim of immunity is rejected.'' (Emphasis added.) The Supreme Court
    denied that petition. And after the U.S. Court of Appeals for the D.C.
    Circuit affirmed the district court, President Trump asked the Supreme
    Court to review its decision.
        Despite just 2 months before saying it was of ``imperative
    importance that [President Trump's] immunity claims be resolved by this
    Court,'' Smith now asked the Supreme Court to deny President Trump's
    petition or, if the Court took the case, to schedule it on an
    ``expedited'' briefing schedule. Assuming it is true that these
    instances represent actions taken by Special Counsel Jack Smith to
    increase the odds that President Trump is tried before the 2024
    election, would that violate any provision of the Justice Manual or
    other Department of Justice rules, regulations, or guidance? If so,
    please explain which it would potentially violate and why. If not,
    please explain why not.

        Question 9. On December 16, 2023, Elie Honig, a senior legal
    analyst at CNN, said on air that ``any fair-minded observer has to
    agree'' that Special Counsel Jack Smith is ``acting based on the
    election schedule'' and that ``the motivating principle behind every
    procedural request [Jack Smith has] made . . . has been getting this
    trial in before the election.'' Do you agree that Special Counsel Jack
    Smith is making prosecution or litigation decisions in order to try
    President Trump before the 2024 presidential election? Please explain
    why or why not.

        Question 10. In a December 12, 2023, column for the Washington Post
    (``Politics are now clearly shaping Jack Smith's Trump prosecution''),
    Jason Willick says that ``Smith has all but announced that his
    prosecution timeline is controlled by the 2024 general election.'' Do
    you believe that Jack Smith is basing his ``prosecution timeline'' on
    the 2024 presidential election? Please explain why or why not.

        Answers to Questions 8-10. The Department speaks through its
    filings, including in this matter. The Special Counsel Office's filings
    explain their arguments for their motions. Everything the Special
    Counsel does is subject to the Department's rules, regulations,
    procedures, practices, and policies of the Department of Justice. The
    Special Counsel regulations require the Special Counsel to comply with
    the rules and policies of the Department, which includes the Justice
    Manual. The Department policies and longstanding practices guide the
    timing of taking investigative steps and filing charges. Once charges
    are filed with the court, the timing of the case is determined by the
    judicial proceedings.
        The Special Counsel sought a speedy trial, and his reasons for
    doing so are set forth in public filings. The district court handling
    this matter will decide speedy-trial questions in that matter.

        Question 11. Please describe how the Department of Justice
    implements or enforces the Justice Manual to ensure or hold accountable
    prosecutors (including special counsels) that make ``a decision
    regarding [a] . . . prosecution . . . for the purpose of affecting [an]
    election, or for the purpose of giving an advantage or disadvantage to
    any candidate or political party'' or otherwise seek to advantage or
    disadvantage a political candidate?

        Question 12. Please describe what disciplinary measures,
    procedures, or avenues are available to the Department of Justice to
    ensure that prosecutors (including special counsels) do not make ``a
    decision regarding [a] . . . prosecution . . . for the purpose of
    affecting [an] election, or for the purpose of giving an advantage or
    disadvantage to any candidate or political party'' or otherwise violate
    Sec. 9-27.260, Sec. 9-85.500, or a similar provision?

        Question 13. To the best of your knowledge, please describe in full
    detail what actions you, or another entity or individual at the
    Department of Justice, have taken to ensure that Special Counsel Jack
    Smith is not violating or has not violated Sec. 9-27.260, Sec. 9-
    85.500, or a similar provision of the Justice Manual or other
    Department of Justice rules, regulations, or guidance in his
    prosecution of President Trump?

        Answers to Questions 11-13. The Special Counsel is an employee of
    the Department. The Special Counsel regulations require the Special
    Counsel to comply with the rules and policies of the Department, which
    include the Justice Manual. The regulations also include provisions
    governing the conduct and accountability of the Special Counsel. 28
    C.F.R. Sec. 600.7.

                                     ______

                   Questions Submitted by Senator Deb Fischer
        Question 1. The Department's $40 million budget request for the
    Regional Information Sharing Systems (RISS) Program in FY 2025 reflects
    a $4 million decrease compared to the FY 2024 enacted level.

      --Following up on our discussion during the hearing, why did the
            Department find reduced need for the RISS Program,
            specifically, for FY 2025?

        Answer. The Department's Office of Justice Programs (OJP) advises
    as follows:

        The Regional Information Sharing Systems (RISS) Program is an
    important tool to allow Federal, state, local, and Tribal law
    enforcement agencies throughout the country to be connected through
    secure information sharing. The FY 2025 President's Budget funding
    request is consistent with historical funding requests for the RISS
    Program and the constraints of the Fiscal Responsibility Act.

        Question 2. As you know, the situation is dire at America's
    borders--there have been over 9 million illegal border crossings since
    President Biden took office. Every state is now a border state.
    Currently, the Justice Department's State Criminal Alien Assistance
    Program is one of the few resources that helps fund the costs that
    state and local prisons are shouldering to incarcerate illegal
    immigrants who have committed serious crimes. However, the president
    has proposed to cut funding for this program entirely, citing
    duplication.

      --Which other program(s) fills this gap?

        Answer. The Department's Office of Justice Programs (OJP) advises
    that its Bureau of Justice Assistance administers the Edward Byrne
    Memorial Justice Assistance Grant (JAG) program, which provides state
    and local jurisdictions with broad flexibility to support a wide range
    of state and local law enforcement, corrections, and other criminal
    justice activities, including most correctional costs that are
    allowable under SCAAP.

      --Several Nebraska counties use this funding. If the program is cut,
            could you guarantee that other programming meets the current
            needs of the states and localities that use this program?

        Answer. The Department's Office of Justice Programs (OJP) advises
    that its funding is subject to appropriations, and thus OJP cannot
    guarantee the availability of programming or resources.

      --Have you conducted analysis or estimated how much it is costing
            state and local prisons to incarcerate illegal aliens who have
            committed crimes with the rates we are seeing right now? If so,
            please provide this information.

        Answer. The Department's Office of Justice Programs (OJP) advises
    that the U.S. Census Bureau maintains data based on expenditures and
    employee counts from state and local governments. OJP's Bureau of
    Justice Statistics extracts justice expenditures, including corrections
    expenditures, and employment data from the U.S. Census Bureau and makes
    it available through the Justice Expenditure and Employment Tool
    (JEET).

        Question 3. In the Department's FY 2025 budget request, I noticed
    that the president also wants to increase mandatory spending by a total
    of $4.4 billion dollars to create a broadly described Gun Crime
    Prevention Strategic Fund. Your budget request identified this project
    as part of President Biden's `Safer America Plan.'

      --Specifically, what would this ``strategic fund'' do?

        Answer. The Department's Office of Justice Programs (OJP) advises
    as follows: Through a five-year mandatory program funded at $884
    million annually, the Gun Crime Prevention Strategic Fund (``Fund'')
    would provide grants to support police and prosecutors and provide an
    infusion of resources to enhance law enforcement access to promising
    technology and evidence-based training. Funding would also help
    modernize the recruitment and retention of a 21st century law
    enforcement workforce. The Fund would provide communities with
    resources they need to set up and support task forces to reduce
    homicide and gun violence and improve violent crime clearance rates.
    With support from the Fund, state, local and Tribal law enforcement,
    and prosecution authorities will be able to work together through these
    task forces and other initiatives to enhance public safety and public
    trust.
        The Fund would:

      --Provide resources to recruit and retain dedicated and talented
            police officers. This includes supporting agencies in
            developing flexible employment opportunities to meet the needs
            of a 21st century workforce and expanding mental health and
            wellness care for police officers.
      --Support police officers with high-quality training. This includes
            investments in modernizing and advancing police academies and
            developing evidence-informed training programs and
            comprehensive detective and investigative training modules for
            law enforcement and prosecutor offices.
      --Invest in technology, innovations, and collaborative efforts to
            reduce violence, improve gun crime investigations, and increase
            violent crime clearance rates. This includes investing in team-
            based local taskforces, supporting the hiring of local
            prosecutors and professional staff, expanding Crime Gun
            Intelligence Center (CGIC) sites and the National Public Safety
            Partnership, establishing a National Crime Analysis Center, and
            other violent crime reduction strategies.
      --Advance knowledge of best practices, collaboration and coordination
            strategies, and the continued development of evidence-based
            tools and products to drive measurable reductions in violent
            crime.
      --Are there objectives, metrics, and guardrails that you have
            structured around this strategy?

        Answer. The Department's Office of Justice Programs (OJP) advises
    as follows:

        The program would be administered by OJP and would provide states
    and localities with dedicated resources to invest in law enforcement
    and violent crime reduction strategies. OJP has developed performance
    metrics applicable to each proposed program area, such as training
    curricula developed, criminal justice professionals trained, violent
    crime reduction capacity assessments conducted, recommendations
    implemented, and violent crime rates reduced in treated areas, etc. The
    Department stands ready to assist Congress in developing legislation to
    enact this proposal.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. Thank you very much. At this point I will
    close the hearing.
        [Whereupon, at 11:32 a.m., Wednesday, April 17, was
    recessed, to reconvene subject to the call of the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2025

                                  ----------

                            WEDNESDAY, MAY 15, 2024

                                           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, Murray, Reed, Coons, Schatz, Van
    Hollen, Merkley, Peters, Heinrich, Moran, Murkowski, Kennedy,
    Hagerty, Britt, and Fischer.

                          U.S. DEPARTMENT OF COMMERCE

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. The Subcommittee on Commerce, Justice,
    Science, and Related Agencies will come to order.
        Because we have the Secretary here, of course we have votes
    happening in the Senate. There are two votes. I think most of
    us have probably voted on the first one. We will take a break.
    We will continue the hearing and just take turns going to vote.
        So today we are delighted to welcome Secretary Raimondo to
    review the President's fiscal year 2025 budget request. Madam
    Secretary, it is great to see you again. We have got a lot of
    Members signed up to be here, so I knew it was somebody
    important. So we are delighted.
        The Department of Commerce's mission is to foster
    conditions for economic growth and opportunities for all
    communities. The President's 2025 request for the Department is
    $11.5 billion, which is a 6 percent increase compared to fiscal
    year 2024 enacted. Unfortunately, like last year, we will need
    to contend with the tight fiscal restraints of the Fiscal
    Responsibility Act. And make no mistake about it, from my
    perspective, those caps have very real and harmful
    consequences, and they affect our abilities to deliver for the
    American people, both on the part of the Committee and the
    Department.
        Despite these headwinds, the subcommittee made targeted
    investments in fiscal year 2024. Those include funding for NOAA
    to support our fishing communities, funding for the Bureau of
    Industry and Security to enforce export controls, funding for
    NIST to establish an Artificial Intelligence Safety Institute,
    and funding for NTIA to better serve States and territories in
    administering the Bipartisan Infrastructure Law Broadband
    programs.
        Now, despite the harsh budget environment, we also
    continued to support EDA's Tech Hubs Program, which is one
    important way to better ensure the industries of the future and
    their good jobs start, grow, and remain in the United States.
        And with that in mind, I would be remiss if I didn't
    mention the incredible work that is being done in Manchester,
    New Hampshire, by the ReGen Valley Tech Hub, through the
    Advanced Regenerative Manufacturing Institute. The Secretary
    has been there, I know, and we appreciate her interest in what
    is happening there.
        But ReGen Valley embodies everything a tech hub should be.
    It is strong, it has regional collaboration, it has the
    potential to be a globally competitive center for innovation in
    biofabrication.
        Now, in many ways, the President's 2025 request builds on
    the investments that this committee made in 2024. In
    particular, the budget proposes a $38 million increase for
    NIST's AI Safety Institute, and a $32 million increase to
    bolster the Bureau of Industry and Security's export control
    efforts that are directed at countries like Russia and the
    People's Republic of China.
        However, in some ways, the budget represents a step back. I
    am especially concerned about the proposal to cut critical
    coastal programs like Sea Grant, IOOS, fisheries cooperative
    research, and the National Oceans and Coastal Security Fund,
    all of which help protect communities in New Hampshire and
    around the country from coastal hazards and drive our regional
    economies. And in a State that has the shortest coastline of
    any State in the U.S., we can't afford to do anything that is
    going to further reduce the length of our coastline.
        So I know you had to make difficult choices because of the
    Fiscal Responsibility Act, and I do appreciate that you
    prioritized funding for the next generation of weather
    satellites, but the cuts to those ocean programs would really
    be devastating in New Hampshire, and in so many States around
    the country.
        Now, zooming out from fiscal year 2025, it is worth
    stressing that Congress has given the Department tremendous
    responsibilities that extend beyond annual appropriations.
    Specifically, the Bipartisan Infrastructure Law tasked NTIA
    with connecting every American to high-speed, reliable, and
    affordable Internet, and the CHIPS Act tasks NIST with building
    a semiconductor supply chain and R&D ecosystem right here in
    the United States.
        So these are monumental undertakings, and I know that we
    are all eager to hear how the Department is progressing on
    efforts to implement that legislation.
        And finally, given that we have just finished Public
    Service Recognition Week, I think it is really important to
    thank the more than 40,000 Commerce employees for their work on
    behalf of the citizens of this country. Our job is to help
    ensure these public servants succeed. I know that is your
    interest as well, Madam Secretary, because doing that means
    American workers and our American businesses will thrive.
        So again, thank you for being here, Madam Secretary. We
    very much look forward to your testimony.
        And I will turn it over to my partner on this Committee,
    Senator Moran.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Senator Shaheen, Chair Shaheen, thank you,
    thank you for convening our hearing.
        And Secretary Raimondo, I appreciate your presence here and
    I am interested in discussing with you the President's budget
    request for the U.S. Department of Commerce.
        As I hope you know, I value the recent investments the
    Department has made in Kansas, including support for our
    advanced manufacturing, and aviation sectors, and equitably
    expanding high-speed Internet access across our State. I was
    pleased by the designation of Kansas City as a biotechnology
    Tech Hub, highlighting the concentration and expertise, and
    research capabilities' resources in the Kansas City region that
    is included in the Animal Health Corridor.
        I have also appreciated the Department's responsiveness to
    this subcommittee's interest in making certain that the CHIPS
    Program is making investments in geographically diverse,
    smaller semiconductor companies. I look forward to hearing from
    you about what work remains for the Department to ensure the
    CHIPS Program successfully brings semiconductor manufacturing
    back to the United States in a way that supports our national
    and our economic security.
        Discretionary budget, as the Chairman said, requests a
    proposed $11.4 billion--which is 642--6 percent above the
    enacted amount from last year. This budget also requests an
    additional $4 billion in mandatory funding for EDA's Regional
    Tech Hub Program. The budget also proposes to cut successful
    programs that have widespread congressional support.
        The Department of Commerce has made investments to advance
    our Nation's technological and manufacturing capacity, and we
    must make certain that through the appropriation process, even
    those that are so hugely important to our country and its
    future, we have to live within our fiscal, responsibilities.
    Given those FRA caps, I suspect, as the Chairman said, we are
    probably back in a similar position to where we were last year.
        The President's budget requests additional resources for a
    variety of new and expanded programs which are well-intentioned
    but are not accompanied with any offsetting costs in any other,
    perhaps well-intentioned programs.
        If there are fewer resources available to confront China,
    that would be a significant challenge, I believe, for our
    country, and something that I have great concern about. I need
    to see that we have--in confronting China, that we have
    effective export controls and that we safeguard our
    intellectual property. I know that is something that you
    support, and I appreciate that.
        I also highlight support for weather laboratories and
    hydrological forecasts that are important to farmers and
    ranchers, in fact, agriculture across in my State, but
    agriculture across the country. I always worry about
    regulations. We need to support common-sense rules that protect
    our domestic industries. Even well-intentioned regulations
    often have unexpected consequences, so we need to have a fair
    and open mind when crafting rules that impact U.S. jobs.
        Madam Secretary, I look forward to continuing our positive
    working relationship. I hope that the final appropriation
    product will be fiscally responsible while safeguarding our
    supply chain. As I say this, I smile; we want to have this, a
    balanced budget, we want to have these programs that are
    important to the country, and it is a challenge that we face,
    but we need a fiscally responsible product while safeguarding
    our supply chains, combating nefarious foreign actors, and
    advancing our national and economic security. And I again,
    thank you for being here today.
        Senator Shaheen. Thank you, Senator Moran.
        Secretary Raimondo, the floor is yours.
    STATEMENT OF HON. GINA M. RAIMONDO, SECRETARY,
                DEPARTMENT OF COMMERCE
        Secretary Raimondo. Yes. Good afternoon. And thank you for
    having me. And thank you, both Chair and Ranking Member, I have
    appreciated the collaboration and partnership that we have had.
    And to all the Members of the Subcommittee, thank you for this
    opportunity to be with you to, to discuss President Biden's
    fiscal 2025 budget request for the Department of Commerce.
        As Senator Shaheen said, the Commerce Department has
    continued to implement major initiatives authored by Congress
    through the Infrastructure Investment and Jobs Act, the
    Inflation Reduction Act, and the CHIPS and Science Act, and
    thanks to these laws, and the funding you have provided, we are
    tackling our Nation's most pressing economic and national
    security priorities, and I would argue doing more than any
    Commerce Department has done in the past, so I want to thank
    you for that.
        As Senator Moran said, the budget requests $11.4 billion in
    discretionary funding and $4 billion in mandatory funding for
    fiscal year 2025. And I am here to ask you to support that
    funding and am happy to take your questions and get into the
    details.
        I would just like to highlight a few of our priorities:
    First, the budget positions America to prevent China and other
    countries from obtaining U.S. technology, U.S. capital, and
    U.S. expertise for their activities that would threaten our
    national security. To that end, the budget requests a total of
    $223 million, which is a $32 million increase for BIS to expand
    our export control enforcement. That budget has been flatlined
    for 2 years, and so we are respectfully requesting an increase
    so we can protect our technology from getting into the hands of
    China's Military.
        Second, the budget promotes America's technological
    leadership and responsible innovation in artificial
    intelligence. To that end, the budget requests an additional
    $61.6 million for research and development, to develop the
    safety standards and evaluation for AI. These funds will
    empower NIST to implement central components of President
    Biden's executive order on AI, including establishing with $30
    million the AI Safety Institute, which I know a number of you
    are focused on.
        The budget also funds a new AI, an Emerging Technologies
    Policy Lab at NTIA to assess the impacts of AI technology and
    develop policy recommendations.
        The budget also supports resilient supply chains. We need
    to go from being purely reactive to supply chain disruptions to
    being more proactive, to predict disruptions to supply chains
    before they happen. To that end, the budget includes an
    increase of $12 million for ITA to support supply chain
    resiliency and the continued work of our newly created Supply
    Chain Office. It also includes $37 million for NIST's
    Manufacturing USA Program and $175 million for NIST's
    Manufacturing Extension Partnership.
        The budget also provides resources to strengthen our
    relationships with our allies to advance our shared values and
    shape the strategic environment in which China operates. To
    out-compete China, we need to show up in the rest of the world.
    Therefore, our budget includes $379 million for ITA to expand
    U.S. exports and services that will help U.S. businesses to
    grow and expand in foreign markets.
        The budget also invests in good jobs and equitable growth.
    The budget requests $4 billion in mandatory funding and $523
    million in discretionary funding for EDA to execute on the
    objectives of the Tech Hub's program, which both of you
    mentioned, and to build out the Good Jobs Challenge, Commerce's
    signature Job Training Initiative, and to foster geographic
    diversity in innovation. Excuse me.
        Additionally, the budget invests $80 million in MBDA to
    bolster the services it provides to socially and economically
    disadvantaged business enterprises through a network of 131
    centers around the country that serve every State and territory
    in the U.S. Importantly, the budget prioritizes investments to
    address climate change, specifically the budget includes $6.5
    billion for NOAA, including $2.1 billion for the Nation's
    weather and climate satellites, $1.4 billion for the National
    Weather Service, and $212 million for climate research. It
    provides $53 million to expand offshore wind permitting, and
    $86 million to support the national marine sanctuaries and
    marine protected areas.
        Finally, the budget invests in our fundamental science
    infrastructure. It invests over $400 million in research
    infrastructure at NIST, and NOAA, and NTIA. This includes funds
    for maintenance, renovations, and improvements on NIST
    campuses, which I would invite any of you to come visit, and
    you will see readily how desperately we need the capital for
    this maintenance.
        It is a tough budget, as has been said. We were faced with
    difficult decisions, and so we had to prioritize. We prioritize
    in capital and investments that we think are the most essential
    to meet our mission, and quite frankly to save lives, and
    protect lives in America.
        So in closing, I would say that everything we do at the
    Commerce Department is focused on strengthening America's
    competitiveness at home and abroad so that American workers,
    and families, and businesses of all sizes in every State can
    participate and prosper in the 21st-century global economy.
        And I am here, because I need your support. I want to work
    with you. I need your support to ensure that our resources
    enable us to meet the mission of creating the conditions for
    economic growth and opportunity for all communities in every
    State in America.
        So I look forward to talking to you now. And of course,
    even more importantly, I look forward to continuing to work
    with you as we do this work together.

        [The statement follows:]
                Prepared Statement of Secretary Gina M. Raimondo
        Chair Shaheen, Ranking Member Moran, and members of the
    Subcommittee, thank you for this opportunity to discuss President
    Biden's Fiscal Year (FY) 2025 Budget Request for the U.S. Department of
    Commerce.
        Since I appeared before this Subcommittee last year, the Commerce
    Department has continued to implement major initiatives authorized by
    Congress through the Infrastructure Investment and Jobs Act, the
    Inflation Reduction Act, and the CHIPS and Science Act. Thanks to these
    laws and the funding you have supported through the appropriations
    process--most recently the Consolidated Appropriations Act for FY24--
    the Commerce Department continues to tackle our nation's most pressing
    economic and national security priorities, including those related to
    emerging technologies, supply chains, manufacturing, innovation, and
    workforce.
        The President's Budget requests $11.4 billion in discretionary
    funding and $4 billion in mandatory funding for the Department of
    Commerce in FY25. I'm here today to ask you to support that funding so
    we can continue fulfilling the Department's mission to create the
    conditions for economic growth and opportunity for all communities.
        Today, I will focus on eight key areas of investment within the
    Department of Commerce.
    First, the President's Budget positions America to ensure U.S.
            technologies, capital, and expertise are not misappropriated in
            ways that harm national security or foreign policy.
        In order to prevent American and allied technologies from being
    exploited by countries and entities of concern to undermine our
    national security, we have been working to modernize and strengthen our
    export controls. We need new investments to meet new challenges such as
    the People's Republic of China's (PRC) continued efforts at illicit
    technology transfer to its military through its policy of military-
    civil fusion (MCF), Russia's ongoing aggression against Ukraine, and
    rapid advancements in technology broadly. To protect America against
    these challenges, the Budget includes $223 million for the Bureau of
    Industry and Security (BIS) to expand export enforcement, bolster
    capacity to identify and protect sensitive technologies, evaluate the
    effectiveness of existing export controls and update when needed, and
    increase regional expertise to enhance cooperation on export controls
    with allies and partners.
        The Budget also requests $5 million for the International Trade
    Administration (ITA) to address risks arising from outbound investments
    from the United States into sensitive technologies that could enhance
    the technological capabilities of the PRC and other countries of
    concern in ways that threaten U.S. national security.
        The Department also contributes to the examination of inbound
    investment through its participation in the Committee on Foreign
    Investment in the United States (CFIUS). The Budget includes $5.3
    million to support CFIUS reviews.
    Second, the President's Budget promotes leadership and responsible
            innovation in Artificial Intelligence (AI).
        AI holds extraordinary potential for both promise and peril.
    Harnessing AI for good requires mitigating its risks. The Budget
    invests an additional $62.1 million at Commerce to safeguard, regulate,
    and promote AI, including protecting the American public against its
    societal risks. This funding will allow the Department to implement
    central components of Executive Order 14110, ``Safe, Secure, and
    Trustworthy Development and Use of Artificial Intelligence.'' Central
    to the Department's efforts, the National Institute of Standards and
    Technology (NIST) will fund the creation of guidelines, tools,
    benchmarks, and best practices for evaluating and mitigating AI risk,
    including increased funding for the U.S. AI Safety Institute's work to
    ensure needed testing, evaluation and red teaming of advanced AI to
    identify and mitigate potentially dangerous capabilities and realize
    the goals of the AI EO.
        The new AI investments includes funding to establish a new AI and
    Emerging Technologies Policy Lab at the National Telecommunications and
    Information Administration (NTIA) to drive innovation and policy
    development.
        The new AI investments also include $8.9 million for BIS to
    implement mandatory reporting requirements under the Defense Production
    Act regarding domestic AI developers and compute providers so we can
    better understand who is developing frontier AI models and the results
    of safety tests on those models, and second, for Infrastructure-as-a-
    Service (IaaS) providers to report when foreign entities are using U.S.
    cloud to train frontier AI models. These funds would be used to hire
    additional staff for these programs.
    Third, the President's Budget supports resilient supply chains to
            foster economic prosperity and protect national security.
        The Budget includes an increase of $12 million within ITA to
    support supply chain resiliency, which is critical to our national
    security and economic competitiveness. The additional funding will
    expand the Supply Chain Center and provide for new industry-specific
    analysts to identify and assess economic and national security risks to
    supply chains, as well as develop strategies that the Federal
    Government can take to mitigate those risks.
        The Budget also includes $37 million for the NIST's Manufacturing
    USA program to help secure U.S. global leadership in advanced
    manufacturing by continuing its large-scale public-private
    collaborations on technology, supply chain, and workforce development.
        Additionally, the Budget includes $175 million for NIST's
    Manufacturing Extension Partnership (MEP), a public-private partnership
    with centers in every state that offer advisory services to a diverse
    set of small and medium enterprises. MEP Centers will continue efforts
    to coordinate with private sector manufacturers to narrow gaps in key
    product supply chains and support the adoption of critical technologies
    to make U.S. manufacturers more resilient to global market disruptions.
    Fourth, the President's Budget provides resources to enable the U.S. to
            continue partnering with our allies to advance our shared
            values and shape the global strategic environment in which
            China operates.
        ITA's Global Markets business unit ensures that U.S. businesses and
    their workers have a robust advocate helping them identify business
    opportunities globally, overcome the challenges they face abroad, and
    address unfair foreign trade practices. The Budget includes $379
    million for Global Markets, including a restructuring of its global
    footprint to focus on the highest priority markets, and a request for
    $4 million and 13 positions to support U.S. export competitiveness in
    strategic markets that enhance our ability to respond to global threats
    and counter unfair trade practices and economic coercion by China. The
    Budget reflects our view that in order to compete effectively, we must
    show up in regions around the world where the PRC is exerting its
    influence, even as the United States remains the partner of choice.
        The Indo-Pacific Economic Framework for Prosperity (IPEF) is a
    proactive model for economic cooperation that seeks to reestablish U.S.
    leadership and competitiveness in a critical region. The Budget
    continues to support ITA's engagement with the 13 IPEF partners in
    areas including strengthening supply chain resilience, facilitating and
    capturing the economic opportunities as IPEF partners transition to
    clean economies, and improving the business environment by
    strengthening anti-corruption efforts and the efficiency of tax
    administration. The Budget builds on the success gained from the entry
    into force of the Supply Chain Pillar and the substantially concluded
    negotiations over the Clean Economy and Fair Economy Pillars, which
    were completed in record time.
        Additionally, the Budget provides the U.S. Patent and Trademark
    Office (USPTO) with $4.6 billion in budget authority, which will enable
    USPTO to continue granting patents, registering trademarks, and
    protecting American intellectual property worldwide.
    Fifth, the President's Budget invests in programs that promote access
            to good jobs and equitable growth.
        The Budget requests $4 billion in mandatory funding and $523
    million in discretionary funding for the Economic Development
    Administration (EDA) to promote innovation and competitiveness and
    prepare American regions for growth and success in the worldwide
    economy.
        The $4 billion in mandatory funding, coupled with $41 million of
    discretionary funding, would enable EDA to execute on the objectives of
    the Regional Technology and Innovation Hub Program (Tech Hubs Program),
    as authorized under the Research and Development, Competition, and
    Innovation Act, and establish cutting-edge, strategic regional
    technology and innovation hubs that foster geographic diversity in
    innovation and create quality jobs in underserved and vulnerable
    communities.
        Within this funding, the Budget also invests in two EDA programs
    which recognize that workforce development and economic development are
    inseparable. First, the Budget requests $41 million for the Good Jobs
    Challenge to fund employer-led workforce training systems and
    partnerships to train and place American workers into high-quality jobs
    and support regional economies. EDA ran the first iteration of the Good
    Jobs Challenge using funds from the American Rescue Plan and received
    over 500 applications for 32 one-time grants. This additional funding
    will allow EDA to continue to address this demonstrated nationwide
    need.
        Second, the Budget requests $41 million for the Recompete Pilot
    Program to provide grants to distressed communities and connect workers
    to good jobs that support long-term comprehensive economic development
    by helping to reduce high prime-age (25 to 54 years of age) employment
    gaps.
        The Budget also requests $5 million for grants focused on the
    economic development needs of tribal governments and indigenous
    communities. This proposal would provide resources to address a long
    unmet need within Indigenous communities that have historically
    suffered from a lack of investment in core economic development need.
        Additionally, the Budget invests $80 million in the Minority
    Business Development Agency, which will bolster the services it
    provides to socially and economically disadvantaged American business
    enterprises.
        Finally, the Budget invests $75.6 million in our Office of Space
    Commerce to support the continued expansion of one of the fastest-
    growing sectors of our economy and to provide space situational
    awareness information that will protect U.S. industry operations.
    Sixth, the President's Budget drives climate science, adaptation, and
            resilience efforts.
        The Budget includes $6.5 billion for the National Oceanic and
    Atmospheric Administration (NOAA). It prioritizes operations,
    infrastructure, and continuing initiatives that provide the
    environmental intelligence necessary to make informed oceans, coastal,
    fisheries, weather, and climate decisions. The Budget is bolstered by
    funds previously provided by the Infrastructure Investment and Jobs Act
    and Inflation Reduction Act.
        The Budget provides $2.1 billion for the nation's weather and
    climate satellites. FY25 funding will enable NOAA to maintain all
    current satellite programs by including $84 million for Geostationary
    Operational Environmental Satellites R Series (GOES-R), $342 million
    for Polar Weather Satellites, and $40 million for Space Weather Follow
    On.
        The Budget also continues strategic investments in the next
    generation of climate, weather, and space weather satellites, including
    $798 million for Geostationary Extended Observations, $68 million for
    Low Earth Orbit Weather Satellites, and $237 million for Space Weather
    Next. These investments will deliver the information needed to address
    emerging environmental issues and challenges that threaten the security
    of our Nation.
        The Budget further invests in NOAA's weather and climate
    enterprise, funding the National Weather Service (NWS) at $1.4 billion.
    At this level, the NWS will continue to operate and maintain 122
    Weather Forecast Offices, 13 River Forecast Centers, 18 Weather Service
    Offices, and associated employee housing units, and 9 National Centers.
        NOAA's Budget also includes $212 million for NOAA's climate
    research programs to support the ongoing work of the National Climate
    Assessment and continue high-priority long-term monitoring,
    researching, and modeling activities that are critical to understanding
    and addressing the climate crisis.
        The Budget also includes $33.6 million, an additional $10 million,
    for Mitchell Act Hatcheries in the Columbia River Basin complementing
    the resources previously provided in the Inflation Reduction Act. These
    additional funds are part of the Administration's commitment to
    prioritize the restoration of healthy and abundant wild salmon,
    steelhead, and other native fish populations to the Columbia River
    Basin, and honor the United States' obligations to tribal nations.
        The Budget also invests in expanding offshore wind energy while
    conserving and protecting high-priority natural resources. The Budget
    provides NOAA $53 million to expand offshore wind development. This
    funding will enable NOAA to use the best available science to help
    support the goal of deploying 30 gigawatts of offshore wind energy by
    2030 while protecting biodiversity and promoting sustainable ocean co-
    use. It also provides $86 million to support National Marine
    Sanctuaries and Marine Protected Areas as part of the Administration's
    America the Beautiful initiative. With this funding NOAA will enhance
    it's capacity to expand critical conservation work and support the
    designation process for additional sanctuaries.
        Additionally, the Budget provides the Office of Marine and Aviation
    Operations (OMAO) $533.6 million, a net increase of $90.2 million above
    FY24 Enacted. This includes increases across Marine Operations and
    Maintenance, Aviation Operations and Aircraft Services, and NOAA
    Commissioned Officer Corps. OMAO's budget also includes $21 million to
    finalize a second specialized high-altitude G-550 Hurricane Hunter to
    meet national needs.
    Seventh, the President's Budget enables the Department to provide the
            data that leaders in communities, industry, and government need
            to drive U.S. competitiveness, innovation, and job growth.
        The Budget provides the Census Bureau $1.6 billion, including $399
    million to prepare for the 2030 Census, $256 million for the American
    Community Survey, and $158 million for the Economic Census. FY25
    funding will enable the Census Bureau to continue to transform from a
    survey-centric organization to a data-centric organization that blends
    survey data with administrative and alternative digital data sources,
    providing more timely and relevant data products to stakeholders and
    the public.
        The Budget will also enable the Census Bureau to invest in economic
    statistics for Puerto Rico, and improve data methods and quality, hone
    crosscutting research techniques and provide common technology for data
    collection, processing, and dissemination across the bureau.
        The Budget provides $138.5 million for the Bureau of Economic
    Analysis to support economic statistics, including research on
    environmental-economic statistics.
    Finally, the President's Budget invests in the fundamental
            infrastructure that makes science possible and the oversight
            that protects the American taxpayer.
        The Budget invests over $400 million in fundamental research
    infrastructure at NIST, NOAA and NTIA. NIST's mission to advance
    measurement science requires cutting-edge equipment and best in class
    facilities; however, approximately 63% of NIST research facilities are
    in poor or critical condition. NIST's failing infrastructure results in
    an estimated 30-40% increase researcher downtime annually. NIST's
    world-class scientists cannot continue to do the scientific research
    necessary to ensure tomorrow's competitiveness in yesterday's crumbling
    facilities. Therefore, the Budget includes $311.5 million for
    construction and major renovations at NIST research campuses.
        The Budget includes $90 million for NOAA to continue addressing
    deferred maintenance and other construction requirements and $75
    million for the continued recapitalization of NOAA's aging marine
    fleet.
        The Budget includes $2 million to maintain the Table Mountain Field
    Site and Radio Quiet Zone. Table Mountain is the only Radio Quiet Zone
    available for research and development of new spectrum-dependent
    technologies and comprises 1,700 acres with 12 research buildings.
        It is critical that the Department maintain sufficient oversight of
    Federal grants to identify potential inefficient, ineffective, or
    misused funding. The Budget requests $85.9 million, a $17.9 million
    increase above the FY24 Enacted level, for EDA's Salaries and Expenses.
    This increase will support 58 additional positions to help oversee
    EDA's grant portfolio, which has increased more than eight-fold since
    2017.
        The Department of Commerce is a dynamic agency charged with
    administering a wide portfolio of government programs; everything from
    conducting the decennial Census to administering and enforcing export
    controls.
        However, the Department's work is unified by a common theme of
    promoting America's competitiveness, and the ability for all American
    workers, families, and businesses to participate and succeed in the
    21st century global economy. The investments I have just outlined are
    consistent with that theme, and they are all vital to fulfilling our
    mission of creating the conditions for economic growth and opportunity
    for all communities.
        Thank you for inviting me to appear today. I look forward to
    continuing to work with you, and I am happy to answer your questions.

        Senator Shaheen. Thank you very much, Madam Secretary.
        We will begin our rounds of questioning. Senator Moran and
    I will begin. And we are going to take Members in order of
    arrival. And because we expect to have a number of senators
    here, I would urge, everyone to try and stick within the five-
    minute round of questioning.
        So Secretary Raimondo, last year NTIA announced State
    allocations for the BEAD Program. BEAD, as we know, was enacted
    as part of the Bipartisan Infrastructure Law. We had a number
    of late-night conversations talking about how to structure this
    in a way that made sense that could get through the Congress.
    It has provided $42 billion for the program in the
    Infrastructure Law.
        Now, by December of last year, all States submitted their
    initial proposals detailing how they plan to spend their BEAD
    allocation to deliver high-speed Internet access to everyone
    who is not served. So can you just give us an update on how
    this is going? How are the reviews of State plans doing? Are
    some States drawing down funds from their allocations already?
    And what is the status?
        Secretary Raimondo. Yes, thank you. So this is a, as you
    said, this is an unbelievable program. We have never done
    anything like this before. In the past, when Congress allocates
    money to do broadband build-outs, it is very targeted in a
    particular area. My job now is to connect every American. It is
    a historic opportunity, and we are taking it seriously.
        Where are we? Every State has received a planning grant,
    and they are all hard at work doing that. The way we have
    structured the program is that each State has to provide us
    with their plan. You know, Louisiana is different than Kansas,
    different than New Hampshire. We want to meet the needs working
    with your governors to do that. New Hampshire has just shy of
    $200 million. You have had your first volume, approved, and we
    are now working with the Governor and the team to approve the
    second volume.
        A handful of States, including Louisiana, have gone fully
    through the process, have had their full approval, and are
    about to receive their money. The rest of the--my job is to get
    this all--my goal is to get this all done by the end of this
    year, every State, if not sooner. I am pushing the team really
    hard to make sure we are working collaboratively with States so
    that every State has their plan approved, and we start to get
    the money out this year.
        And I guess I will just leave it at that. It is complicated
    because we can't do rate regulation, but we have to have an
    affordable plan. Rural communities, we are determined to make
    sure everybody is covered. So I meet with the team every week.
    We go through State by State, and it is just execution.
        Senator Shaheen. Well, thank you. And as you know, there is
    a lot of anticipation throughout the country, and we see it in
    our State from communities, particularly in rural areas, where
    they have not had access to high-speed Internet, and they are
    really looking forward to it.
        But one of the challenges we have is that it needs to be
    affordable also. People need to be able to connect, and we have
    a program, the American Connectivity Program, which is not run
    by the Commerce Department, as you know, but is expiring, and
    it is going to mean that there are a number of folks who, even
    when they may have access to the Internet, are not going to be
    able to afford it.
        Can you speak to the importance of Congress acting to do
    the follow-on to the ACP Program so that we can actually make
    sure that households can get connected once the high-speed
    Internet is built out?
        Secretary Raimondo. Yes, it is absolutely essential. I
    cannot underscore that enough. If you believe, as the President
    does, and as I do, that in today's day and age the Internet
    isn't a luxury, it is a necessity, to see the doctor, collect
    benefits, do anything online, apply for a job, folks need it
    and deserve it in their home, in their office, in their school.
        And quite frankly, $100 a month is not affordable. So if it
    is--and I pick that number, sometimes it is $200 a month. I
    have been all over America, in all of your States, I have
    talked to rural dwellers. They tell me: Hey, Secretary, I pay
    200 bucks a month for satellite service, and when the weather
    is bad, it goes out. That is not meeting the mission. The
    legislation says ``affordable and accessible''.
        Even if we were to get providers to provide it for, for
    example, $60 a month, $50 a month, that is still unaffordable
    for low-income Americans. So the $30 a month ACP Initiative is,
    is like life-saving, quite literally, and I cannot emphasize
    enough how important it is, for you to renew that program.
        Senator Shaheen. Well, thank you. I certainly agree with
    that. And there is--there are several pieces of legislation
    that would do that. Hopefully, we can act on that before the
    end of this session.
        Senator Moran.
        Senator Moran. Chair, thank you.
        Madam Secretary, let me pick up on the topic that you and
    the Chair are talking, talking about. The law prohibits rate
    regulation, but you support affordability. How do those two
    things not clash with each other? We have had some complaints
    by stakeholders that you are pressuring States in regard to
    what they would call rate regulation. I assume under the--this
    is not intended to be majority--but the guise of affordability.
    How do you mesh the prohibition with the insistence that it be
    affordable?
        Secretary Raimondo. So this, you know, the law, the statute
    says every State has to provide, a low-cost option, that is in
    the law. The statute also says, no rate regulation. So we are,
    we are doing the best to meet the intent of the law, which is,
    rate regulation would be, in my judgment: Kansas, you are not
    going to get approved unless you show us a $30 a month plan.
        We are not doing that. We are decidedly not engaging in
    rate regulation. The law says we can't, and I won't, and I am
    on top of that.
        That being said, I am also required to make sure every
    State has a low-cost option. So we are building in flexibility
    to work with the States, State by State, recognizing that in
    certain States that are very rural, it is more expensive to
    provide that. And it is, working with stakeholders, listening
    to governors, listening to people on the ground, to make sure
    that we find that balance between affordability, but not
    regulating.
        And by the way, back to what Senator Shaheen was saying,
    the $30 a month ACP is essential for this because in a State
    like yours, which is highly rural, it is very expensive to lay
    fiber. Hypothetically, you know, I say like maybe $65, $70 is
    as low as it can go. That is very expensive for the average
    American family, and so the $30 a month support is essential.
    So anyway, a long-winded way of saying it is--that is the
    balance, and I talk to the governor, stakeholders, telecom
    providers every week to make sure we are striking the right
    balance.
        Senator Moran. The support that the various programs, in
    this case the BEAD Program provides, in this case to States, it
    subsidizes, it assists in the providing of the service, giving
    the incentive for companies to provide the service. It doesn't
    incentivize the $30 a month plan? That is a question, not a
    statement.
        Secretary Raimondo. That is, yes.
        Senator Moran. That is true, right?
        Secretary Raimondo. True, correct.
        Senator Moran. So it is a clash of competing goals.
        Secretary Raimondo. We have to do both. We have to do both.
    It has to be accessible to everyone, and affordable.
        Senator Moran. Let me change topics. I am concerned about
    China. One of them, I think perhaps it is known, but but I
    would highlight the role that the U.S. Department of Commerce
    plays in our national security, our national economic security,
    our national defense. China is so aggressive in pursuing trade
    deals around the world. They always seem to be at our expense.
    China offers other nations better market access for their
    products and continues to build economic ties with critical
    partners and our potential adversaries.
        What can the Department and ITA do to expand commercial
    services around the world? Again, China has offices everywhere.
    How are we competing with China?
        Secretary Raimondo. You know, as I said in my opening
    testimony, we have asked for additional funds for $4 million
    additional increase for ITA to help us compete with China. We
    are asking for additional funds for more export promotion. In
    my tenure, I have launched several initiatives around export
    promotion, particularly helping small and medium-sized
    companies to do exports. We are launching new digital tools to
    help small companies with export promotion.
        And that is, so we have to promote more, and we are doing
    more, and we are trying to focus it sector by sector, but also
    quite frankly, we need to do everything we can with
    countervailing duties and such to make sure that we have a
    level playing field so that China can't take advantage of, you
    know, U.S. businesses and workers.
        Senator Moran. So you are one of the few people that I
    know, that has negotiated with the Chinese, with the highest
    level of Government officials in China. Do you have any--can
    you tell us what potential exists for some kind of agreement
    with China to diminish the challenges we face, that they are
    presenting us? Is there a--is there a path forward that
    provides hope instead of just, adversarial relationships?
        Secretary Raimondo. Yes. I am smiling because I have 15
    seconds, and that is a tough one. Look, let me say----
        Senator Moran. I get another round.
        Secretary Raimondo [continuing]. Let me say this. The
    President has directed us, I think very correctly, to never
    negotiate on national security. In fact, when I have met with
    my Chinese counterparts numerous times, the Premier and the
    Vice Premier, I have said, on matters of national security, we
    respectfully refuse to negotiate. And they have asked for us
    to, they have said, set boundaries around, tell us what is in
    and out of bounds. And I have said no, I can't, it changes
    based upon the threat assessment.
        Having said that, the President has also directed us to
    deescalate, to communicate, and to, as he would say: Turn down
    the temperature.
        So what I try to do, Senator, is promote where we can. For
    instance, I have started an export promotion initiative around
    health and beauty products. It has nothing to do with national
    security, creates jobs in the United States, keeps a line of
    communication open. We have to promote where we can, work with
    them where we can, zealously advocate for U.S. businesses,
    which I do because right now they mistreat many U.S.
    businesses. But never negotiate on national security. And I
    think that there is--my judgment is being practical, not fiery
    in the rhetoric, and just try to stand firm, but talk when and
    where we can.
        Senator Shaheen. Thank you. Senator Schatz.
        Senator Schatz. Thank you, Chair, and Ranking Member.
        Thank you, Secretary. First, I want to talk to you about
    housing, and if you will permit me a windup here. This is one
    of the only areas where the government creates a shortage, and
    then sort of strokes its chin, wondering why there is not more
    of the thing that we all say we want. But it really is,
    restrictive zoning, covenants, minimum lot size, parking
    requirements, and all of that, that has contributed mightily to
    our housing shortage.
        And as a Chair of Transportation and HUD, I want to fund
    all the programs, but the truth is there is not enough Federal
    funding in the world to deal with the throughput problem of
    States and counties making it almost impossible to build the
    thing that we say we all want.
        And I think you have some pretty good news to report in the
    Commerce Department along those lines to try to make sure that
    when we think about economic development in a region, that
    housing is integral to a place, thriving, or in some instances,
    recovering. And I would like you to talk a little bit about
    what you are doing to kind of infuse a housing thought process
    into your economic development strategies.
        Secretary Raimondo. Actually, that is a perfect way to say
    it. And as I have said to you, you have helped us to focus on
    the issue, and I appreciate that. To that end, with EDA, for
    example, now as a new matter of practice, when we are putting
    out our applications to applicants for local economic
    development, we are proactively asking them, for the first time
    to show us; what are their plans for housing, how would they,
    you know, think about using our grant for the economic
    development in a way that stimulates housing.
        The same thing with CHIPS, the CHIPS applicants, I was
    recently out in Arizona. I mean, it is exciting because the
    amount of jobs we are going to be creating are tens upon tens
    of thousands, but we are asking the companies, how are you
    thinking about housing? Asking the governors and mayors, how
    are you thinking about housing?
        So I think it is very much what you just said. You know,
    look, for what it is worth, I, as governor, I lived the local
    challenges, and it is exactly as you say. And a lot of those
    fights, if you will, have to be, whether it is zoning, or
    permitting, or density requirements, are done on a local level.
    But anyway, we are considering policies that expand housing
    supply in everything that we do at EDA, and I think that is a
    great step forward.
        Senator Schatz. That is great. And it is so logical that it
    seems like something that should have been done a long time
    ago. You can't have economic development without housing supply
    for the workers. If you are imagining an area expanding, it
    doesn't happen organically, it has to be planned, and
    permitted, and financed, and then constructed and then plugged
    into a grid and all the rest of it. So thank you for doing
    that. Please do as much, as you can in this area, and we will
    support you.
        On a sort of less of a love-fest question here, the NOAA
    budget, as it is proposed by the President, does a fair amount
    of damage to oceans here. And a 45 percent cut to NOAA's Ocean
    Exploration Program, a 42 percent cut to NOAA's Coral Program,
    a 10.3 percent cut to Sea Grant, and zeroing out Senator
    Shaheen and White House's National Ocean Security Fund.
        And I am just--I am trying to make sense of this, because I
    understand the constraints of the FRA, but these are
    disproportionate cuts in the ocean space, and I am wondering
    what the theory of the case is here.
        Secretary Raimondo. The theory of the case is--I think
    those cuts stink, to be candid. But it is a really tough
    topline that we have had. So we had to go through it and say,
    what must we fund? And we chose to prioritize the weather
    satellites, which are quite expensive, $334 million additional
    for weather satellites to bring it to a total of 2 billion;
    because we know that our weather predictions are a matter of
    life and death, quite literally.
        I will say, you know, look, I come from the Ocean State;
    these are tough cuts. We have--I have directed the Department,
    wherever possible, to use, infrastructure law monies and IRA
    monies to make up for these shortages. We would work with you,
    and Senator Shaheen, and the White House, to try to do our best
    to be creative. But in the face of difficult choices, that is
    how we chose to prioritize.
        Senator Shaheen. Senator Kennedy.
        Senator Kennedy. Thank you, Madam Chair. Madam Secretary,
    welcome.
        I want to talk for a moment about seafood. The American
    people love seafood. As you know, we consume about 7 billion
    pounds a year, 21 pounds for every man, woman, and child in our
    country. But do you happen to know what percentage of the
    seafood that we eat is imported?
        Secretary Raimondo. I do not.
        Senator Kennedy. It is about 94 percent. Your agency is in
    charge of inspecting this imported seafood, as you know. Do you
    happen to know, what percentage of that 94 percent that we
    import is inspected by your agency?
        Secretary Raimondo. I don't.
        Senator Kennedy. Yes, it is about 1 percent.
        Secretary Raimondo. Yes, it is small.
        Senator Kennedy. And of that 1 percent that your agency
    inspects, it finds something wrong with about a third. Let us
    take crawfish from China, or shrimp from India, these countries
    compete with American producers. These countries subsidize
    their seafood producers. We don't.
        Secretary Raimondo. Yes.
        Senator Kennedy. These countries allow their producers to
    ignore quotas. These countries allow their producers to ignore
    where they are supposed to fish. But the worst thing these
    countries do, they don't abide by environmental regulations.
    They shoot their product full of antibiotics, if you eat enough
    shrimp from India, you will grow an extra ear.
        [Laughter.]
        Senator Kennedy. They also engage in false advertising. No
    one needs an extra ear, Madam Secretary. For example, this is
    Chinese crawfish, because of the way they produce it, horrible,
    horrible environmental conditions, and because the Government
    subsidizes it, they can sell it for 8 bucks, this, where in
    America, it costs 14 bucks. But look how they do it; the
    Chinese call it ``Boudreaux Brand of Crawfish Tail Meat, Wild
    Caught''.
        Senator Kennedy. I don't know anybody in China named
    Boudreaux. Okay? Something has got to--something has got to be
    done, Madam Secretary. I mean, the people at your Seafood
    Import Monitoring Program are wonderful people.
        Secretary Raimondo. Yes.
        Senator Kennedy. But all this product now is coming in, and
    it is harmful, and it costs us jobs. Would you share your
    thoughts with me?
        Secretary Raimondo. Yes. So let me say a few things. First
    of all, I appreciate it. I really appreciate your comment, and
    it is clear we can do more, and I want to work with you to do
    more. We are extremely focused on transshipment of fish, you
    know, from China through Vietnam to the U.S., which is why we
    impose a countervailing duty on that. We are trying to add the
    duty wherever we can, even if it goes, you know, from China to
    another country, Malaysia, Vietnam, to the United States.
        We are very focused on, illegal fishing, unregulated
    fishing, also mostly, done by China, very focused on that,
    working with CBP on that. But there is--so I share, like, I
    share the concern. It is unfair to American workers. It is
    unfair to American fisheries. It is unsafe, as you say.
        Senator Kennedy. And we don't need extra ears.
        Secretary Raimondo. And we definitely don't need extra
    ears.
        Senator Kennedy. I mean, this stuff, this stuff is
    dangerous.
        Secretary Raimondo. Yes, so we have to do more. And I will
    commit to doing more.
        Senator Kennedy. Last, last question. I want to follow up
    on my friend Senator Moran's questions. You are right that the
    Infrastructure Act says, your agency can't set broadband
    prices. But I keep getting reports that you are. For example, I
    am not going to tell you who gave this to me, but in Virginia,
    when you are negotiating the Virginia plan, your agency
    required Virginia to have a pre-set, or pre-determinable price
    certain as a condition to, to receive any BEAD funding.
        So it sounds to me like at least in Virginia, the
    allegation is that your people are setting a price. And I keep
    hearing this in other States too.
        Secretary Raimondo. We are not. And if you hear it, you
    should call me, because we are not. It is not what the law
    says, and we aren't doing it. Your State, by the way, has done
    a fantastic job and was, I think, the very first State to be
    approved, and will be the first State to get their money.
        The fact of the matter is Alaska is very different than
    Louisiana. I can't say what is affordable and low cost in
    Alaska versus Louisiana. It is just--it is different, so we are
    allowing for flexibility, and we are working in an iterative
    fashion with States to make sure it is low cost, but we are not
    telling them what low cost is in their State, it is a balance.
    And like I said--I am pretty hands-on in this, and if you have
    concerns about these States, I am happy to talk to you.
        Senator Kennedy. Thank you.
        Senator Shaheen. Thank you, Senator Kennedy. I hope you
    will provide the Committee with the explanation of how it is
    that the seafood promotes the growth of a third ear.
        Senator Kennedy. I will.
        Senator Shaheen. Because I find that very interesting.
        Senator King. A couple extra fingers too. It is the
    antibiotics. If you eat enough of the stuff, you become
    antibiotic-resistant, in addition to the extra ear.
        Senator Shaheen. Although there are some people I think
    could use an extra ear.
        Senator Kennedy. That is true.
        Senator Shaheen. So that they could listen a little better.
        Senator Heinrich.
        Secretary Raimondo. I have no comment on any.
        Senator Shaheen. Thank you.
        Senator Heinrich. Madam Chair, I think Senator Peters might
    be next, but if you want me to go now, I am happy to do that.
        Senator Shaheen. Senator Peters, if you were here before
    Senator Heinrich, you should definitely go next.
        Senator Peters. Thank you. Thank you, Senator. Thank you,
    Madam Chair.
        Secretary Raimondo, I certainly thank you. Good to see you
    again, as always, and thank you for your testimony. You know,
    earlier this year, I called on your Department and this
    administration to do more to combat the economic and national
    security threat posed by Chinese-made electric vehicles. I
    believe that we must ensure that the EV industry is built in
    the United States and in Michigan to create and protect good-
    paying union jobs for Michiganders, but also ensure that U.S.
    manufacturing remains strong and competitive against the
    Chinese.
        And that is why I applaud the Trade Representative's
    announcement yesterday that your Department will quadruple
    tariffs on Chinese-made vehicles to combat unfair trade
    practices and protect American competitiveness. Increasing
    Section 301 tariffs on Chinese-made products is certainly a
    step in the right direction.
        But my question for you, ma'am, is what is the Department
    preparing to do to prevent tariff evasion by Chinese companies?
    We know that some Chinese automakers are pursuing footprints in
    in Mexico, and in Europe, and we must ensure that we don't
    allow those actors to evade rules meant to create a level
    playing field. So how is the Department taking this into
    account in its enforcement strategy for what I think is the
    right thing to do, but we have to be able to enforce?
        Secretary Raimondo. I couldn't agree more. So let me first
    say this. First of all, thank you for your push, persistent
    push on this. I think, Europe provides a cautionary tale
    because there were no tariffs, and before you knew it, China
    went quite quickly from zero to 25 percent market share in
    Europe of their EVs because of China's distortive practices in
    keeping the price low.
        So the reason that we, the President, took this action to
    put a 100 percent tariff is so that that doesn't happen to us.
    And we--I was proud of the President to do that because I think
    it is necessary to protect our market and protect our workers.
    Now, you point out another extremely important issue, because
    of USMCA, cars made in Mexico, you know, it is a risk that we
    worry about.
        I can tell you, obviously, this is within USTR's purview,
    not really my purview, with 301 tariffs or USTR working very
    closely with Customs and Border Patrol. We are very focused on
    this risk. We are worried about this. We know, we know, we have
    public reports that Chinese companies are setting up shop in
    Mexico. So we are tracking it. What the Commerce Department is
    doing is helping USTR by providing, like industry analysis and
    such. And I can just tell you that, the purpose of USMCA was
    not to help China. It was to help the--you know, trade pact
    with the signatories of that agreement, and we are going to do
    whatever we need to do to make sure China doesn't use Mexico
    and run around these new tariffs.
        Senator Peters. Well, I appreciate that, and I appreciate
    the President's strong action. He has always fought for
    American jobs, and this is a prime example of the President
    taking, action.
        Madam Secretary, you know, the CCP-backed vehicles,
    however, don't just pose a threat, an economic threat to the
    United States, they also pose a real security threat as well to
    our Nation. We can't allow the CCP to deploy the same playbook
    we saw with telecommunications equipment such as Huawei and ZTE
    when they flooded the U.S. market and created espionage and
    sabotage threat.
        Your Department recently announced an investigation into
    the national security concerns of Chinese-connected vehicles.
    And I have urged you to use this investigation to take a closer
    look at the CCP-backed automobiles.
        Now, I realize you can't share all, this is not a
    classified setting, but I would like you to discuss some of
    your concerns regarding connected vehicles from China and what
    we can--and when we can expect a proposed rule from Commerce on
    Chinese-connected vehicles?
        Secretary Raimondo. Yes. The comment period just closed,
    and we expect to have the rule out this fall. We received
    significant comments that we have to go through. Look, I would
    say the national security risks are quite significant. If you
    think about these connected vehicles, they have thousands of
    sensors, thousands of chips.
        They are controlled by software, which is coming from
    Beijing, in the case of Chinese-made cars. They know where the
    driver goes, what the driving patterns are, what you are saying
    in your car. It is a lot of data around U.S. persons that goes
    right back to Beijing. It is not totally different than the
    threat of TikTok, which this Congress took action on, with the
    threat of, you know, cranes at U.S. ports. 90-plus percent of
    cranes at U.S. ports are Chinese-made. Cranes are no longer,
    you know, steel, they are connected.
        So I think it falls into the broader category of all of
    these connected, you know, technologies, which collect massive
    amounts of data on U.S. citizens, our children, our families,
    our military personnel, et cetera, all going back to Beijing.
        By the way, not to mention the fact that the software, I
    mean, you can imagine the most catastrophic outcome,
    theoretically, if you had a couple million cars on the road and
    the software were--what do you call it--disabled.
        Senator Peters. Yes, shut off.
        Secretary Raimondo. So in any event, I will leave it at
    that in an unclassified setting, but we decided to take action
    because this is really serious stuff.
        Senator Peters. We appreciate it. Thanks for your
    leadership. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Peters. Senator
    Murkowski.
        Senator Murkowski. Thank you, Madam Chair.
        And good to see you, Madam Secretary; I am going to stick
    with seafood here. And I want to start with what I know you
    have been read into, but we are really getting concerned, as
    you know, fisheries disasters in and around Alaska, but in
    other parts of the country, and these disaster monies are being
    held up. And right now we are looking at literally, I mean, it
    is--and you can't describe it as anything other than a massive
    backlog.
        And it relates to this new Business Applications Solutions,
    getting the payments out to NOAA employees, the vendors, the
    partners. It has been a technical issue that you are starting a
    new system, but you started it with a program where you have
    people that are so vulnerable and have waited so long. I mean,
    in in Alaska, and I don't know whether it is in other States,
    probably in the Chair's, but we are looking at fisheries
    disasters that were declared back in 2019, and these people
    still have yet to receive their disaster funding. It is, it is
    really outrageous.
        So can you share with the Committee where you are, what you
    are doing to address these failures, when we can expect this
    system to be operational? I don't know if we can call it fully
    functional, but at least operational. We have got to help these
    folks.
        Secretary Raimondo. Yes. So first of all, I agree with you,
    and I know how serious it is. I really do. I have spoken to
    you, I have spoken to other Members, I have spoken to fishermen
    myself in Alaska, and I want you to know I don't take it
    lightly. The fishery disaster assistance has, candidly, never
    been a fast process.
        Senator Murkowski. It has been awful.
        Secretary Raimondo. Yes. For like, ever. It has never been
    a fast process. The new law that you have passed is good,
    effective, and pushing us to streamline. But as you know, it is
    very data-intensive. We have to get the catch limits, know the
    data from the past, compare it to today, is an arduous process
    and takes time. The BAS (ph.) implementation only made it
    worse. Here is what I can tell you. We expect some decisions in
    the next month or so, BAS----
        Senator Murkowski. Decisions with regards to getting the
    funding out the door then?
        Secretary Raimondo. Yes. Yes. Yes.
        Senator Murkowski. Okay.
        Secretary Raimondo. Yes. Yes, for providing funding. BAS
    (ph.), this may be cold comfort for you, but I personally have
    a meeting on a weekly basis with the BAS team to get this thing
    back on track. IT systems, I have been doing this for 15 years,
    never seem to go the way they should in government. It is not
    an excuse, but it is complicated.
        So the good news is the system is now working. The actual
    software is working. We are processing vouchers and grants at
    the same rate that we were pre-BAS. The challenge now is that
    we had a 20-year-old system that individuals knew how to work
    with. Now they have to learn a whole new system, so we are
    still slow. But long story short, we are through the worst of
    it. Not totally out of the BAS woods, I will follow up with you
    on Alaska specifically.
        Senator Murkowski. Yes.
        Secretary Raimondo. But I think you are going to see some
    improvements soon.
        Senator Murkowski. Well, we need to see that because we are
    going into yet another season.
        Secretary Raimondo. Yes.
        Senator Murkowski. And quite honestly, prepare yourself for
    another round of disasters. But our fishermen are giving up on
    the whole disaster declaration process because they just can't
    see the help coming in anytime soon.
        Secretary Raimondo. We will get better.
        Senator Murkowski. Thank you. Another question, and this
    relates to your budget that is very concerning; what we have
    been saying to people who are very stressed about what we are
    seeing in the oceans and what is happening, particularly with
    salmon, but in other species as well, crab. We are saying we
    got to get more data, we have got to get more science, we got
    to count on NOAA, we need to make sure their budget is there.
    And then we learn that the 2024 Alaska Longline Survey is going
    to be suspended this year. We understand it is high cost. Of
    course, it is high cost.
        But historically the Alaska Fishery Science Center has been
    able to conduct the survey through a cost recovery effort. We
    know that we have got increased operating expenses, we get all
    that. But we established the Fisheries Survey Contingency Fund
    in fiscal year 2024 to provide funding for instances like this,
    and to help prevent the unexpected cancellations.
        So I am just going to, just again reinforce the importance
    of these marine surveys. We want to make sure that our
    fisheries are going to be sustainable even in challenging
    times, but we have got to know as much as we possibly can. We
    have to have these marine surveys. So is there any assurance
    that you can give me in this category?
        Secretary Raimondo. Yes. I mean, in the fiscal year 2025
    budget, we have prioritized the surveys. The longline survey is
    paid for actually by the--by industry, and you know costs are
    going up, so it is a challenge for the industry. I can tell
    you, we are very focused on it. It is always a tough decision
    to postpone or cancel a survey. We don't like to do that. We
    are being creative as we can to make sure that we get the best
    science, and we strive to meet our core responsibilities. I
    share the priority and the concern.
        Senator Murkowski. Well, and you know, we talked about this
    during COVID, when we lost years of surveys, a couple of years
    of surveys, which was horribly detrimental. So I am just going
    to reinforce I will be the broken record on it. I do have more
    questions that I want to submit for the record, but thank you,
    Madam Secretary.
        Secretary Raimondo. Um-hum.
        Senator Shaheen. Thank you.
        Secretary Raimondo. By the way, next week I am talking to a
    group of Alaskan commercial fishermen, just to hear and learn
    and listen. I am not saying we are doing everything perfectly,
    but I definitely want you to know how seriously we take it.
        Senator Shaheen. Thank you. The second vote has been
    called. So Senator Heinrich, I am going to call on you next.
        And Senator Murray is going to take over. And I am going to
    go vote, and if anybody else here has not voted yet, I would
    encourage you to do that. Thank you.
        Senator Heinrich. Thank you, Madam Chair.
        Secretary, as you know probably better than most, the CHIPS
    and Science Act has had just an incredible impact on
    semiconductor manufacturing in this country. I know you were
    recently in Arizona, at the REI Intel facilities in Rio Rancho.
    They are reinvesting to the tune of 700 permanent manufacturing
    jobs, and literally thousands of skilled trades jobs while they
    build it out.
        All of us care about jobs. But talk a little bit also about
    why these new advanced packaging facilities are so important to
    restoring America's leadership in making chips here at home,
    and controlling our own supply chain?
        Secretary Raimondo. Yes, thank you. Exactly for the reason
    you said. I mean, it is quite shocking if you think about it
    that in the past few decades, the United States has gone from
    being the leader in semiconductor manufacturing to now being
    100 percent dependent on Korea and Taiwan for our leading-edge
    chips. 92 percent of our leading-edge chips come from one
    company in Taiwan.
        It puts us in an unbelievably vulnerable position. So as
    you say, it is exciting that we are creating these jobs, and it
    is thousands of them, and they are good jobs, and high-paying,
    and union jobs, and it is great. This is fundamentally a
    national security issue. And you mentioned packaging. We also
    don't--we don't have advanced packaging in the United States,
    so a disturbingly high number of chips that are in U.S.
    Military applications are shipped to--made somewhere and then
    shipped to China or Asia to be packaged.
        Senator Heinrich. Right.
        Secretary Raimondo. So if we want to secure--you know,
    bolster our own national security, we need to make and package
    these chips in the United States.
        Senator Heinrich. Giving businesses in rural communities
    the support they need is a real priority for my office. And so
    I was really pleased to see a new Minority Business Development
    Rural Center announced for Las Vegas, New Mexico. Talk to the
    Committee a little bit about what these new rural centers will
    be bringing to the table for our rural businesses.
        Secretary Raimondo. Yes. Thank you. So we--this is a pilot
    program that we started at MBDA because we know that rural
    businesses face a different set of challenges than--and you
    know that very well, than, you know, non-rural businesses,
    harder to access capital, harder to find resources. So we
    started a pilot with rural business centers, including one in
    your State. It has been very successful. The budget request
    asked for $3 million so we can do more.
        It is just a matter of meeting people where they are and
    teaching them how to get capital, how to hire, how to train
    employees, how to export, et cetera. Fundamentally, my job is
    to make sure America out-competes the rest of the world, and
    that means, every American business has to be able to compete,
    minority-owned businesses, rural-dwelling businesses, et
    cetera.
        Senator Heinrich. I am going to shift gears to AI for a
    moment. A number of us announced a new AI roadmap today, and
    NIST is a big part of that; the Safety Institute at NIST in
    particular. How do we make sure that the AI Safety Institute at
    NIST is also leveraging the capacity that exists in other parts
    of the Federal Government? And for me, that would mean things
    like, the expertise at the Los Alamos and Sandia National Labs.
        Secretary Raimondo. Um-hum. That is a critical piece of it.
    So we have a very close working relationship with the
    Department of Energy, who has some of the best AI experts in
    the Federal Government and who has the compute.
        Senator Heinrich. Yes.
        Secretary Raimondo. You know, they have the compute, so one
    of the things we are going to be doing, for example, is testing
    and evaluating the frontier models before they go out into the
    world. We will need to work with the National Labs, and they
    have been incredibly collaborative, in order to do that.
    Setting the standards, tapping into their expertise, and quite
    frankly, benefiting from their compute to run some of these
    models.
        Senator Heinrich. Yes. I think the next couple of years are
    going to be really important for us getting the infrastructure
    in place to be able to manage this transition effectively. A
    last quick question, the Russian seafood ban, what is Commerce
    doing to implement that ban? What more can you be doing? What
    do you need from us?
        Secretary Raimondo. Yes. Obviously, we support the
    President's executive order. We are working closely with,
    Treasury and CBP to enforce that. There is always more to be
    done. I mean, the conversation we had earlier with Senator
    Kennedy, it is what China and Russia are doing is, first of
    all, human rights abuses, which is wrong, and we have to stand
    against, but it also it hurts us fishermen.
        Senator Heinrich. It sure does.
        Secretary Raimondo. It distorts the market.
        Senator Heinrich. It really hurts the stability of nations
    all around the world. I mean, if you go to the South Pacific,
    you will hear, endless stories about illegal fishing coming
    from China.
        Secretary Raimondo. Yes. We will follow up.
        Senator Heinrich. Yes.
        Secretary Raimondo. I mean, I think we are doing all we
    can, to facilitate.
        Senator Heinrich. Appreciate it, Secretary.
        Senator Murray. Senator Hagerty.
        Senator Hagerty. Thank you. And welcome, Secretary.
        Secretary Raimondo. Hello.
        Senator Hagerty. Good to see you.
        Secretary Raimondo. Good afternoon.
        Senator Hagerty. Two topics I want to discuss with you
    today. One of them has to do with the census, the other with
    your recent trip to the Philippines, and some of the
    discussions we have had along those lines. But first, with
    respect to the census, I am quite concerned that the census and
    apportionment today is conducted in a way that encourages
    illegal immigration. I want to just ask you for the record,
    illegal aliens today are counted in the U.S. Census; is that
    correct?
        Secretary Raimondo. Yes. As required by the Constitution.
        Senator Hagerty. This total census population, and I want
    to be clear, it is counted, illegal aliens are counted, this
    total census population, which includes illegal aliens, is then
    in turn used for the allocation of Congressional districts and
    electoral votes for each State, is that correct?
        Secretary Raimondo. Yes.
        Senator Hagerty. Recently, a video emerged of a Democrat
    representative named Yvette Clarke from New York. She was
    calling for more illegal immigration to her New York
    Congressional district because, I want to quote this, ``I need
    more people in my district just for redistricting purposes.''
    This is what she said.
        Under the current rules, Secretary, Representative Clarke
    is right, isn't she? If she has more illegal aliens coming to
    her district, she will have a larger district, she will have
    more power in her district relative to others that don't.
        Secretary Raimondo. I am not going to comment on politics.
    Like my job is to run the----
        Senator Hagerty. This is just math. If you have more
    illegal aliens in your district, you are likely to have more
    power in your district, right? You will get greater
    representation by virtue of their arrival; is that correct?
        Secretary Raimondo. Like I said, the Constitution requires
    us to count all persons, and that is what we do.
        Senator Hagerty. The Constitution also talks about one
    person, one vote. And this absolutely dilutes the notion that
    citizens have the right to vote. It dilutes it. And what it
    does is it actually incentivizes illegal immigration. It allows
    illegal immigration to increase political power depending on
    your State or your congressional district, the more illegal
    aliens that you have, the greater your political power.
        I introduced legislation to address this. It is called the
    Equal Representation Act, that would take away this perverse
    incentive, and it would make certain that only citizens are
    counted for the purpose of allocating congressional districts
    and for the purpose of allocating electoral votes.
        This bill just passed the House of Representatives last
    week, and I put this bill on the floor of the U.S. Senate.
    Every Democrat voted against it in March, but I am very hopeful
    that common sense will prevail, and we can see a very different
    result. Americans are shocked when they find out this is
    happening, particularly given the volume of illegal aliens that
    are coming into America right now, and where the sanctuary
    cities are located.
        Turning to another topic, though, now, and that is the one
    you and I have discussed a number of times, and that has to do
    with the Philippines. And I mentioned to you in my past
    experience when I served as Ambassador to Japan, two Chinese
    firms were attempting to acquire the Hanjin Shipyards that was
    in bankruptcy. The firm is--the shipyard is now named Agila
    Shipyards. It is located very strategically in the Philippines'
    Subic Bay. It is a deepwater shipyard right on the South China
    Sea. It previously served as a U.S. Naval Shipyard when I lived
    out in Japan back in the 1980s.
        Unfortunately, and for different reasons, the DFC and other
    organizations of the United States Government, were not able to
    respond in a way that I had hoped, in terms of dealing with the
    financing of this, and you and I have discussed some of those
    issues there. The inability to engage directly resulted in us
    putting together an ad hoc team that was comprised of
    individuals in the State Department. I worked on it closely. We
    went to the Japanese Government, we went to the Philippine
    Government, and we eventually got it done.
        It was tough, I have to say. A private sector firm,
    Cerberus Capital Management, stepped in and took an important
    leadership role, as well as certain individuals in the State
    Department and the Department of Defense.
        With that said, I really hope, and I think you would agree,
    that we need to evolve beyond some type of ad hoc approach when
    these situations occur. And I would love to get your thoughts,
    your opinions about how we might put in place some sort of
    permanent established way of dealing with these sorts of
    foreign strategic assets that come available and have a way to
    participate and engage rather than just allow adversaries to
    acquire them.
        Secretary Raimondo. Yes. I would love to work with you on
    this, Senator, and I will follow up with you. One of the
    initiatives I have been working on is the Indo-Pacific Economic
    Framework, and in fact, we will be hosting in June in Singapore
    an investor forum for exactly this purpose, which is bringing
    U.S. investors to the table in Singapore, and exposing them to
    all of my IPEF counterparts from other countries are going to
    come and present their high-priority projects, infrastructure
    projects, clean economy projects, energy projects, to have a
    more, you know, institutional way for U.S. investors,
    Australian investors, Japanese investors to look at these
    investments in these countries.
        The Philippines will be there, so we can focus our
    investments on those priorities, because otherwise, as you say,
    and as you well know, China is everywhere, all of the ports.
    And I was in Kenya recently, it is not just the Indo-Pacific,
    it is Kenya, China is very aggressive----
        Senator Hagerty. Even in Latin America.
        Secretary Raimondo [continuing]. In Panama. I was in
    Panama. I recently went to Costa Rica. I brought with me two
    Costa Rican U.S. businesses, including Intel. You know, like
    that is a win-win. Draw down supply chain from China closer to
    home in Costa Rica. Helps our supply chain and resiliency,
    draws us closer to Costa Rica. So I am doing a lot of that
    work. We have to be doing so much more. But I will send you
    details about this event in June because I think it is exactly
    what you are talking about.
        Senator Hagerty. Certainly. I appreciate the work you are
    doing, and if you see any opportunities with respect to the
    tools that we have today, that are just not quite hitting the
    mark.
        Secretary Raimondo. Yes. Yes.
        Senator Hagerty. I am thinking specifically about the DFC.
    I was just with Scott Nathan in another hearing, but if there
    are tools or adjustments to those tools that we could make,
    particularly where in the Legislative Branch we could help you,
    I am looking forward to working with you.
        Secretary Raimondo. Yes.
        Senator Hagerty. Thank you, Madam Secretary.
        Secretary Raimondo. Very good. Thank you.
        Senator Murray. Thank you. Thank you, Secretary Raimondo. I
    appreciate you joining us today. You know, the investments that
    we make in the Department of Commerce are so important to our
    economy, our national competitiveness, and our national
    security, as you were just talking about. They really help make
    sure that we have a thriving workforce, growing businesses,
    strong supply chains, trade relationships, high-speed Internet
    in every ZIP code in America, reliable information about our
    weather, healthy salmon populations, and hatcheries, and of
    course, cutting-edge research, as you well know, in
    manufacturing, in critical industries, like advanced
    manufacturing, clean energy, quantum computing, and so much
    more.
        And we know that our adversaries, like the Chinese
    Government, are doing everything they can to get ahead in those
    fields. We know they are not cutting their investments in the
    future or leaving them on autopilot, and that means that we
    cannot afford to do that either, which means we can't leave
    domestic spending behind in fiscal year 2025. We are working
    with very tight, inadequate spending limits, and as I have
    said, repeatedly, as we talk about how to address those
    inadequacies for defense, we have to do the same for
    nondefense, because our competitiveness and our country's
    future depend on it.
        We have to write strong bills for the year ahead because if
    we leave our families behind, then our competitors are going to
    leave U.S. behind before too long. So I appreciate the work you
    are doing, and as a reminder to all my colleagues, we need to
    make sure we are funding the nondefense side as well as the
    defense side.
        Salmon, as you will know, are foundational to Washington
    State's economy and cultural heritage. Salmon recovery is a top
    priority for me, and NOAA plays a really integral role in this
    work, especially on Mitchell Act hatcheries, which are a
    mainstay of commercial, recreational, and treaty Tribal
    fisheries in the Columbia River Basin. I secured investments in
    the Inflation Reduction Act to repair and modernize those
    hatchery infrastructures, and we have to continue that work
    through strong annual appropriations. Can you speak to this
    Committee about the importance of maintaining robust funding
    for those Mitchell Act Hatcheries?
        Secretary Raimondo. Yes, thank you. For 10 seconds. I just
    want to, I guess, support and emphasize the first point that
    you made. The way to compete with China and out-compete China
    is to invest in America. There is only so much we can do to
    hold them back, right, we need to--and by hold them back, I
    mean deny them our technology, for example. We need to invest
    in everything you are talking about. If every American has good
    job training, good jobs, good manufacturing, good broadband,
    that is how we outcompete. So I strongly support your
    leadership around focusing on the domestic investments.
        As it relates to salmon, you and I have talked about this
    before. The money that we have for the salmon hatcheries goes
    to States, and also to Tribes, and as you well know, this is a
    way of life for Tribes, not to mention livelihood. I would say
    that without the money, we won't be able to maintain salmon
    populations. So the short answer, I suppose, is it is
    incredibly critical. It is critical. We won't be able to
    maintain the population, which means people will not be able to
    maintain their jobs, not to mention the environmental
    consequences.
        Senator Murray. Thank you. Absolutely agree. Now, I heard
    what Senator Murkowski said. I was going to say the same thing,
    and I appreciated your response. But you need to know we are
    hearing from our constituents that this desperately needed
    funding is delayed due to issues with NOAA's payment system, as
    you outlined to us. We have had several fishery disaster
    declarations that directly benefit us, but our people are not
    seeing the help get to them.
        So I heard your response to Senator Murkowski. I would ask
    you to do the same for us, to let us know in Washington State
    when they are going to see these resources, because the people
    are really getting disillusioned by this.
        Secretary Raimondo. Yes. I know, and I am sorry. You will
    see some announcements next month. It is definitely getting
    better. I know the crabbers are hurting, and the fishery is
    hurting. We are on it. And it is going to get better.
        Senator Murray. Okay. And we look forward to a personal
    update when you get that information, and when it is going to
    be.
        Secretary Raimondo. Um-hum.
        Senator Murray. I want to ask you about NOAA's West Coast
    Regional Center in Seattle. It houses the largest variety of
    NOAA programs at a single location in all of the United States,
    and employs the largest number of NOAA staff outside of
    Washington, D.C. Some of those buildings date back to the World
    War II Era. So as NOAA works to consolidate in the Seattle
    region, I believe there is an opportunity to improve those
    facilities.
        An internal NOAA study arrived at the same conclusion. So I
    want to ask you today, will you commit to keeping me and my
    staff apprised of NOAA's plan to modernize the WRC?
        Secretary Raimondo. Yes, the WRC is a priority, and it is
    on track. And we will, of course, keep you apprised.
        Senator Murray. Okay. Because NOAA needs those top-class
    facilities in order to do really important work, whether it is
    weather, climate, or coastal missions, so this is a critical
    area for us, and we want to stay in touch with you, and you
    should do that.
        Secretary Raimondo. Of course.
        Senator Murray. Thank you. Thank you very much.
        Senator Shaheen. Thank you, Senator Murray. Senator
    Fischer.
        Senator Fischer. Thank you, Senator Shaheen; and thank you,
    Secretary, for being here today.
        Madam Secretary, as you know, NTIA received major funding
    under the Infrastructure Law for Broadband Deployment, and this
    funding allows States to develop plans that best fit their
    needs. However, Nebraska submitted its initial proposal for
    BEAD funding, and NTIA has rejected it twice. In both
    instances, NTIA noted that Nebraska's application failed to
    establish a low-cost broadband service offering.
        I know you testified to Senator Moran that you believe this
    requirement is in statute, but if Congress expressly directs
    the Department of Commerce and NTIA to include this requirement
    for States to describe a low-cost broadband service offering in
    their BEAD applications; yes, or no?
        Secretary Raimondo. Yes. The law requires----
        Senator Fischer. I don't believe--I don't believe Congress
    did that. NTIA has only been able to cite finding sections in
    the bill. Congress did not expressly state it.
        Secretary Raimondo. The law is quite clear, and Senator
    Shaheen and I, and Senator Collins, were in the thick of it.
    The law explicitly forbids rate regulation, and I will testify
    to you today that we are not in the business of rate regulation
    but it----
        Senator Fischer. Bud didn't you----
        Secretary Raimondo [continuing]. But it also requires every
    State to have a low-cost option. Affordability is a
    requirement.
        Senator Fischer. But in your notice of funding opportunity,
    it only cites the findings section in the Infrastructure Law.
    It does not cite anything in the law itself. If the statutory
    reference goes beyond that, can you send that to us?
        Secretary Raimondo. Yes. But let me say that--yes, and I am
    happy to look into Nebraska, and I am happy to talk to you and
    the Governor myself. But as we were saying before, the whole
    point of this, we believe the Internet is not a luxury. It is a
    utility. It is something everybody needs. And if you--if it is
    technically available to everyone in Nebraska but at $100 or
    $200, where it is unaffordable, it might--it is not Internet
    for all.
        Senator Fischer. But I believe----
        Secretary Raimondo. It is Internet for the wealthy.
        Senator Fischer [continuing]. But Congress--it is my
    understanding that Congress outright prohibited NTIA from
    regulating broadband rates as part of BEAD's reauthorizing
    statute. And NTIA admits that, in its official question-and-
    answer document on the BEAD Program, they also note that a low-
    cost broadband service offering does not require any specific
    dollar figure to be attached to it.
        Secretary Raimondo. Um-hum.
        Senator Fischer. But the only, the only State plans that
    NTIA has approved so far, they have all included specific
    dollar figures for that low-cost broadband offering. So
    Nebraska is not interested in trying to have broadband rate
    regulation. So what are some alternatives to that specific
    dollar figure--what are some alternatives that can satisfy
    NTIA's low-cost broadband service offering requirement?
        Secretary Raimondo. So again, we are not telling Nebraska
    you have to provide a $30 a month, $40 a month option. What we
    are telling Nebraska is you need to satisfy us that for your
    State, based upon your needs, at the end of the implementation,
    I think you guys are getting $400 million, every household in
    Nebraska has to have access to affordable alternatives.
        Senator Fischer. But do you have alternatives that would
    qualify for that, that would meet that requirement, because----
        Secretary Raimondo. They have to prove to us that everyone
    will have affordable access to high-speed Internet.
        Senator Fischer. So you don't have any alternatives that
    you could offer my State that might work for them? Because I
    know my State is a little concerned about the legal liability
    it is going to have when it is sued for that lack of authority
    to regulate the broadband service rates.
        Secretary Raimondo. But we are not telling--I will call
    you, and we can follow up on this.
        Senator Fischer. Okay.
        Secretary Raimondo. We are trying to get--the reason we are
    doing this State by State, is to give States flexibility.
        Senator Fischer. Okay. That would be good.
        Secretary Raimondo. And what we are trying to do is--like,
    look, this is a hard thing to do, we don't want--this is a ton
    of taxpayer money going to----
        Senator Fischer. I have got--I've got another one here.
        Secretary Raimondo. Okay. Go ahead.
        Senator Fischer. Switching gears.
        Secretary Raimondo. Okay. Go ahead.
        Senator Fischer. I am sure the Department's oversight of
    NTIA also has brought Federal spectrum issues front and center
    for you. And safeguarding the diverse missions of Federal
    agencies is critical, as I know you know. Do you have any
    opposition to the concept of NTIA co-leading spectrum studies
    with the Department of Defense, specifically for circumstances
    that would impact DOD systems?
        Secretary Raimondo. No.
        Senator Fischer. Great. So from your perspective, has DOD
    been fair and transparent in its communications with the
    Department of Commerce?
        Secretary Raimondo. Yes.
        Senator Fischer. Great. Thank you.
        Secretary Raimondo. But I will come back to you on this,
    the broadband.
        Senator Shaheen. Thank you, Senator Fischer. Senator Coons.
        Senator Coons. Thank you so much, Chair Shaheen.
        And Secretary Raimondo, great to be with you; I just so
    appreciate the positive energy, the can-do attitude, the
    business background, and the State leadership background. I
    appreciate that you are from a small but mighty State that has
    a long and plucky history in manufacturing, much as New
    Hampshire does, as much as I would like to believe Delaware
    does as well. And I am grateful to be with you.
        I don't know if you remember this from our first
    conversation, but my father launched the Rhode Island Seafood
    Council.
        Secretary Raimondo. I do. And now that you are saying it--
    --
        Senator Coons. Years and years ago, he was literally one of
    the folks here advocating for the fishermen of New England to
    receive some support or benefit when there were fishing
    challenges in the region. So listening to the exchanges with a
    variety of senators from both sides of the aisle brought me
    back to what it was like to be in the audience visiting when he
    was testifying on these issues.
        Manufacturing, as you know, is something of great
    importance to our country, and to me personally, I spent 8
    years in the manufacturing industry before being elected to
    anything. Manufacturing jobs are great jobs. They anchor
    families and communities. They pay higher wages. They have
    better benefits. And President Biden is presiding over a
    renaissance in advanced manufacturing in the United States.
        A key piece of that is the Manufacturing USA Program, where
    NIST, the National Institute for Standards and Technology,
    plays an absolutely critical role. I think NIST is one of the
    most underappreciated high-impact components of your
    Department.
        There are 17 Manufacturing USA institutes that specialize
    in different areas, as you are well aware. One of them in
    Delaware, the National Institute for Innovation in
    Manufacturing Biopharmaceuticals, or NIIMBL, will play a key
    part in demonstrating the technologies needed to manufacture
    the next generation of therapeutics, diagnostics, and vaccines.
        NIST is planning to add two additional institutes this year
    focused on AI and semiconductors. NIIMBL in Delaware is the
    only NIST institute. It is the only institute not run by either
    the Department of Energy or the Department of Defense, so you
    have a great opportunity for the Department of Commerce to
    significantly increase from one to three its Manufacturing USA
    institutes.
        I was struck that the budget request was for $37 million.
    Given the real impact that this national network has, and for
    those who misunderstand them to be only in 17 locations, every
    one of them is a hub from which spokes spread throughout the
    country. The NIIMBL institute in Delaware has partner
    companies, and institutes, and universities in 30 States.
        I recognize budgets require tradeoffs. I am going to push
    to try and find a way to increase investment in this program.
    And New Hampshire also benefits from having one of these
    institutes. I would be interested in whether you think that is
    a sufficient level of investment, given how it punches above
    its weight and its potential impact.
        Secretary Raimondo. You know, before we were talking about
    what a tough topline we have on this budget?
        Senator Coons. Um-hum.
        Secretary Raimondo. So it is, I have been to NIIMBL, I have
    seen it, I know about it, it is great. The work MEP does is
    great, by the way. The work Manufacturing USA does is great.
    The fact that we have asked for additional money in both of
    those programs in light of this tough budget should tell you
    how much we think it matters. And certainly, the more we have
    the more good we can do.
        Senator Coons. Thank you.
        Secretary Raimondo. By the way, the man who just walked in
    would agree also that Rhode Island is the center of the
    universe, so I am glad your father----
        Senator Coons. We said great things about Rhode Island.
        Secretary Raimondo [continuing]. We were just discussing
    how all roads get back to Rhode Island.
        Senator Reed. You are absolutely right, Madam Secretary,
    and it is because of you.
        Senator Coons. And your advocacy in support for the
    Manufacturing Extension Partnership is also deeply appreciated.
    I am closely following the Regional Technology Hubs
    implementation by EDA. It allows more regions to participate
    than just a few superstar cities, and I was proud to see the
    Greater Philadelphia PROPEL Tech Hub have advanced. That
    includes NIIMBL as one of its partners. There is also only $41
    million for tech hubs. Also something I think deserves more
    support. I will ask one last question.
        Secretary Raimondo. I agree, by the way.
        Senator Coons. I think you have got a tremendous PTO
    director, and the role of intellectual property in a strong
    patent system in making manufacturing competitive and
    successful is key. The European Commission, a year ago when you
    were before us, was drafting a standard essential patent
    regulation that I was afraid would encourage China's abusive
    royalty-setting practices and harm U.S. innovators and
    manufacturers.
        In February, the European Parliament adopted the Draft
    Regulation, and EU Member Nations are now likely going to adopt
    these regulations as well. I think it is in real tension with
    an open, global, multi-stakeholder standard setting and
    licensing system that is essential to developing 6G and to R&D.
    Will you work with me to make sure that the U.S. doesn't follow
    the EU down this road when it comes to standard essential
    patents?
        Secretary Raimondo. We will. By the way, I have to thank
    you, Kathi Vidal is amazing, and has enjoyed her working
    relationship with you, so of course we will continue that.
        Senator Coons. Thank you very much, Madam Secretary.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Coons. Senator Britt.
        Senator Britt. Thank you so much, Madam Chair.
        Secretary, it is so nice to see you today. Thank you so
    much for appearing before this Committee. Your Department has
    done incredible work and has a big impact on Alabama, from red
    snapper to assessing anti-dumping, to countervailing duties on
    imports, unfairly threatening Alabama businesses. The decisions
    that you and your Department make impact the lives of millions
    of Alabamians.
        And on some of the issues you and I, you know, may have a
    disagreement, or I may want to see you move faster. But what I
    want to say is, you have been great to work with. I have my
    daughter here with me today, and it is incredibly important for
    me for her to see the fact that you do not have to agree with
    someone to show them respect. And in fact, even if we share
    very different political ideologies, where there are common
    grounds, we need to move forward and work together.
        And I have enjoyed that relationship with you, and I
    certainly hope that will continue. And I think that her
    generation needs to see that more than anything. So thank you
    very much for that.
        And despite obviously having some disagreements, I
    certainly appreciate your whole teams' willingness to work, and
    that willingness has been valuable despite the places where our
    views diverge. I do think even, moving forward, we have many
    opportunities to work together.
        So for example, there is an exciting opportunity to find a
    Tech Hub in Birmingham that would bring public-private
    partnerships and academic partners together. This is a unique
    opportunity that would promote a domestic supply chain for
    critical medicines and spur innovation throughout the region
    and across the country. I have also appreciated your personal
    attention that you have given to BEAD implementation.
        I know that the State has enjoyed working with your team,
    and I trust that that feeling is mutual. Obviously, any program
    of this size is going to have some hiccups, but I feel good
    that as long as stakeholders are still at the table, we will
    certainly smooth those out. Continuing to push NIST and the
    NTIA to communicate from the same playbook and continue to
    provide much available flexibility to groups implementing this
    program, I think is critically important.
        Last year, we discussed the radar. Then you gave me a
    commitment that your office would work with myself, and
    Congresswoman Sewell, and Congressman Aderholt to help address
    the radar gaps in Alabama. Thank you for following up on that
    request. We have been able to increase radar coverage of
    Alabama at 3,000 feet by 4,200 square miles since last year.
    That means 8 percent more of Alabama has adequate radar
    coverage compared to last year.
        Now, while there is plenty more work to be done, I
    certainly believe every Alabamian should live with proper radar
    coverage to protect and preserve lives during severe storms and
    tornadoes, regardless of their ZIP code. I certainly appreciate
    the progress that has been made. And I want to continue to work
    with you to address those remaining gaps.
        One area I am finding of increasing concern to Alabama is
    The Endangered Species Act implementation, specifically
    revolving around the Rice's whale. We must find a way to
    preserve species based on science in ways that do not hamstring
    our economy and National Security.
        I was grateful the Department denied the extremely harmful
    Rice's whale petition from non-government organizations last
    fall. The measures included in that petition would have
    severely stilled operations at the Port of Mobile, and possibly
    eliminated the commercial and recreational fishing
    opportunities in the Gulf.
        Madam Secretary, when issuing regulations under the
    Endangered Species Act, will you commit to me to carefully
    consider the science, the economic ramifications, and the
    National Security impacts of any regulation, as the law
    requires?
        Secretary Raimondo. Yes. Yes. All of it is in active
    regulation. You know, we are making the rule now, but we
    endeavor for it to be science-based, but also balance
    commercial interests.
        Senator Britt. I am so grateful to hear you say that,
    because I want to reiterate that the known economic impacts at
    stake here; and the lack of science that is available on the
    species need to be taken into account. Alabama's commercial
    fishing operations provide more than $291 million in economic
    value, and recreational fishing adds another $452 million in
    economic value to the region.
        According to NOAA documents, the Port of Mobile has $270
    million a day of economic impact. That is a little under $100
    billion a year. For reference, Alabama's estimated GDP last
    year was about $300 billion. That puts it into context for you.
        So it has been raising alarm bells, as you can imagine,
    when we see claims made by NOAA that cannot be backed up by
    science, especially when these claims could be used to justify
    regulations impacting a third of the State's economy. So for
    example, NOAA claimed in its Species In The Spotlight
    Publication that Rice's whale were declining, even though NOAA
    scientists have noted that there is not enough data on the
    species to declare a population trend. So similarly, NOAA has
    noted that there have been few sightings of tabs in 2010 and
    implied the population was maybe declining due to Deepwater
    Horizon. And so obviously, if you aren't looking for them, you
    know, you are not going to find them.
        So as I wrap up, Madam Secretary, these are just a couple
    of the examples of how the lack of data has been framed as a
    crisis. And when official NOAA documentation frames a lack of
    research as a reason for a regulation, I think Alabamians are
    clearly and justifiably deeply concerned about the direction
    the Department is heading.
        So if you will, please work to ensure that scientific
    integrity is protected at the Department, and that the
    Department understands the balance of obviously making sure
    that we are moving forward in conservation, but that the
    economic and national security implications of these decisions
    are balanced as well.
        Secretary Raimondo. Yes.
        Senator Britt. Thank you.
        Secretary Raimondo. Yes. I have talked with a number of
    your colleagues earlier about how many Americans earn their
    living fishing, crabbing, fishing et cetera, so I will commit
    to you that our decisions will have sound, scientific
    background and that we have an open ear to commercial
    interests.
        Senator Britt. Absolutely.
        Secretary Raimondo. Also, on the tornado, because of the
    exchange we had at the last hearing, I went back to the
    Department and directed--and looked into it, and directed the
    Weather Service to work with the FAA. We have lowered the
    beams, and you could take credit for having more accurate
    forecasting of tornadoes for more folks at lower severity
    storms.
        Senator Britt. Which is just, I mean, that is huge. And so
    thank you. And as I said earlier, I just appreciate the
    willingness to work with you, and your willingness to work with
    our team. So thank you so much.
        Secretary Raimondo. Thank you.
        Senator Shaheen. Thank you, Senator Brit. Would you like to
    introduce your daughter to the Committee?
        Senator Britt. Oh, my, gosh. That is so exciting. Yes,
    thank you so much, Madam Chairwoman. So this is my daughter,
    Bennet (ph.) Britt. So she is--she is probably like; oh, my,
    goodness, this is happening to me?
        Senator Shaheen. I know. I never pass up an opportunity to
    embarrass my kids.
        Senator Britt. Yes.
        Secretary Raimondo. How old are you? Nice.
        Senator Britt. So she is in ninth grade, and she exempted
    her exams, and she said: Mom, do you mind, can I come to D.C.?
    Which, you know, that never happens. So I jumped on it.
        Senator Shaheen. And she is here.
        Senator Britt. Absolutely. And it has been a part of it.
    She said: Boy, you have got a lot of hearings. I said, yes, we
    do. We do.
        Senator Shaheen. Well, we are delighted you are here. And
    thank you for joining us.
        Senator Van Hollen.
        Senator Van Hollen. Thank you, Madam Chair. And Senator
    Britt, Secretary Raimondo, thank you for providing a great
    example for everybody, as to how you can disagree on many
    issues but still work together. I appreciate it.
        Madam Secretary, let me start by thanking the President,
    and you, and the entire Biden Administration on the whole-of-
    government response to the tragic collapse of the Key Bridge in
    Baltimore. I am grateful to you and your team for providing a
    quick economic analysis of the impact on the port and supply
    chains, among other things. And as you know better than
    anybody, it is just one example of the large scope of
    responsibilities housed within the Department of Commerce.
        Many agencies, including many that we are proud to be
    housed in Maryland, like NOAA, like NIST, and the Census
    Bureau. I wanted to just at the outset identify a couple of
    concerns about the budget. I know we are all concerned about
    the overall budget constraint numbers, but there is--NOAA's
    Integrated Ocean Observing System, which provides important
    climate and maritime data, it is slated for a 76 percent cut in
    this budget, which greatly concerns me. And I will be talking
    to Members of the Committee about it, and we will be submitting
    a question for the record.
        I also want to acknowledge the work of the NTIA, as you
    mentioned, on expanding broadband, this is a very, very
    important priority. I know it isn't an FCC Program, at least
    with respect to the affordable connectivity piece; we look
    forward to trying to extend funding for that so that more
    Americans can get affordable connections.
        Finally, I want to thank you for the phone conversation
    that you and I and Senator Cardin had about the Greater
    Baltimore Tech Hub. That designation has had a very important
    multiplier effect on investment to develop the next generation
    of healthcare technologies, with over $800 million in private,
    and State, and local public commitments to support the proposal
    that has been put forward. And I look forward, and we are
    hopeful about the upcoming Tech Hub Phase 2 announcement.
        So just, thank you for the initiative, and thank you for
    taking a very close look at Baltimore's proposal. It would make
    a very, very big difference for Baltimore, and I think a great
    return for the country.
        A lot of people have talked about different components,
    offices within this, and the role they play. I just want to
    express a general concern, which I think you share, about the
    lack of funding for NIST. It is an excellent institution and
    has become really a victim of its own success, in that we have
    asked them to take on more responsibilities without the
    funding.
        It is homes of the CHIPS for America Program. It is leading
    a lot of the efforts with respect to developing safe and
    trustworthy AI. It is doing leading work in quantum and other
    cutting-edge areas, and yet NIST effectively had an 8 percent
    cut relative to fiscal year 2023, in the current fiscal year
    budget 2024, and it is being asked to stretch its resources
    even further.
        Could you just speak generally, Secretary Raimondo, about
    why we need to do more on NIST? You mentioned how the best way
    to compete is to invest in America, and NIST is a critical part
    of that strategy.
        Secretary Raimondo. Yes. Okay, very quickly on a few of
    your things. Your tech--the Tech Hub proposal is fantastic. I
    don't know if you are going to get it, but it is, I can say I
    have met with them, it is fantastic, and I appreciated that
    phone call also. If there is one program that you can find
    money to increase funding for, it is Tech Hubs. These Tech Hubs
    are incredible. In every nook and cranny of this country, is
    great innovation, and we ought to, the United States of
    America, be able to fund it. So I just would like to say that.
        I am going to your State with Governor Moore shortly to
    talk about what more we can do to help small businesses and
    businesses affected by the collapse. Of course, we invite you
    to attend that. But I want you to know we are doing everything
    we know how to do to be there, especially as it relates to
    supply chain disruptions due to the collapse and then business
    disruption. And always want to hear from you if you have ideas
    for what more we can do.
        With respect to NIST, you know, if you think about the
    technology of the future, you think of AI, and you think of
    quantum, that is what NIST does, right. In this budget, I am
    asking for $60 million in NIST for AI. Honestly, that is a drop
    in the bucket for all of the testing, evaluation, and safety
    work that we have to do for artificial intelligence. I can't
    even imagine what China spends, and at its government level on
    AI, the same for quantum.
        If we don't lead the world in these two areas of
    technological innovation, that is a problem for the whole
    world, not just for our own national security. So I don't know
    what to say. I mean, Senator Coons, earlier was talking about
    IP standards, China floods standard-setting bodies for the
    Internet, for AI, for IP, NIST has to be properly funded if the
    United States is going to lead, especially, I would say, in AI,
    and in quantum.
        Also, the facilities, and I know you know this, but for
    your colleagues, it is really a problem. I mean, the work that
    these scientists, in a couple of cases, Nobel Prize-winning
    scientists, work in facilities that, in some cases, are falling
    apart. And we really need, for safety reasons, if no other
    reason, to have more investment, to protect this work that NIST
    does.
        Senator Van Hollen. Well, thank you. You know, I am very
    worried that having passed the CHIPS and Science Act, we are
    doing a good job on the CHIPS piece, but we are not really
    fulfilling the promise on the science part, and it will come
    back to bite us if we don't do it.
        Secretary Raimondo. Right.
        Senator Van Hollen. And I will just say, finally, we are
    very bullish in Baltimore about our Tech Hub proposal.
        Secretary Raimondo. By the way, on the science piece, I
    share that concern. I really share that concern.
        Senator Van Hollen. Yes. All right. Well, hopefully we can,
    and I know that the Chair shares that concern too, so look
    forward to working with you.
        Senator Shaheen. Absolutely. And we have heard lots of
    interesting proposals around tech hubs on this Committee today.
    So we agree. We would like to have more money to help fund that
    program.
        Secretary Raimondo. You feel about the situation I am in.
        Senator Shaheen. Senator Merkley.
        Senator Merkley. Thank you, Madam Chair.
        And welcome, Madam Secretary. Speaking of science, I wanted
    to ask you about the $11 billion appropriated for R&D programs
    under the CHIPS Act. I think this funding is significant as it
    can provide research and development value across the
    semiconductor ecosystem, new sustainable materials to design
    and manufacturing, all are key components for our economic
    competitiveness. What are your thoughts regarding the role that
    the National Semiconductor Technology Center, NSTC, can play in
    bolstering R&D for advanced semiconductor technology?
        Secretary Raimondo. I think it will play an absolutely
    critical role. We have made great progress. In some ways, I
    think that $11 billion is even more exciting than the $39
    billion. The $39 billion is necessary. We need to make leading-
    edge chips in America for our national security. But the $11
    billion pushes us to the next frontier.
        Innovations in chip design, chip materials, chip packaging.
    And so we have just established, we hired somebody to run the
    NSTC, we are just now in the process. We are going to have more
    announcements this summer and this fall, but that is really the
    signature R&D initiative which I think will, you know, catapult
    the U.S. semiconductor industry for the decades to come.
        Senator Merkley. Well, as you probably are aware, Oregon,
    no surprise, has a deep ecosystem in chips R&D and in
    manufacturing built up over the last four-plus decades. We have
    all the necessary components to generate a successful NSTC tech
    center. What is the timeline for expending the $11 billion in
    total funding?
        Secretary Raimondo. By the way, I have been there, and it
    is incredible to see the ecosystem there. We will, this summer,
    this summer we will put out the application, and before the end
    of the year, we will make announcements.
        Senator Merkley. And those will be announcements on where
    an operational headquarters and the TA Center location will be.
        Secretary Raimondo. Exactly. Yes.
        Senator Merkley. Well, I invite you to come back to visit
    that incredible ecosystem again. Can I host you?
        Secretary Raimondo. Absolutely.
        Senator Merkley. Okay. Great. Thank you. I also wanted to
    discuss the impact of the $3.5 billion set aside in chips
    funding for secure manufacturing.
        Secretary Raimondo. Um-hum.
        Senator Merkley. I am somewhat concerned about the impact
    of the 2024 CJS Bill in terms of its impact on key
    manufacturing and R&D projects that were slated to be funded by
    the CHIPS and Science Act. I would like to follow up with you,
    if I could arrange to meet with you later on?
        Secretary Raimondo. Yes. I am happy to do that. In fact,
    this is an issue we discussed, the secure enclave money that
    came out of the CHIPS Act funds, obviously better to talk about
    it in a classified setting, but I would be very happy to do
    that. I would welcome that.
        Senator Merkley. I will look forward to that, thank you.
    Thank you very much. I want to turn to the issue of illegal,
    unreported, and unregulated fishing, IUU fishing. The Seafood
    Import Monitoring Program has been in place for more than 4
    years, and it ensures the integrity of seafood entering the
    U.S. market, at least it attempts to do so, and it is a big
    contributor towards that goal.
        In December of 2022, NOAA withdrew its proposed rule
    updating the Seafood Import Monitoring Program, or the SIMP,
    further exposing U.S. consumers to seafood sourced from
    illegal, or unreported, or unregulated fishing practices; any
    takeaways or insights on NOAA's ongoing comprehensive review of
    SIMP?
        Secretary Raimondo. The insight is we have talked about
    this before and I have received your correspondence. I mean,
    the insight is that the problem is getting worse not better. We
    are more focused on it than ever. The President did an
    executive order banning Russian imports of fish. The issue you
    are talking about is mainly China, and it is not only a
    violation of human rights, but it distorts the market and hurts
    U.S. fishermen. So I would look forward to continuing to work
    with you on it.
        Senator Merkley. Well, thank you. I appreciate that very
    much. The integrity of our fisheries requires the integrity of
    our fishing monitoring system, and I do appreciate that in
    November of last year, NOAA announced a comprehensive review of
    SIMP. I think as I--I just want to stress urgency to the
    completion of that, and an update of the rules to make it work
    effectively.
        Secretary Raimondo. I hear you. Thank you.
        Senator Merkley. Thank you very much.
        Senator Shaheen. Thank you, Senator Merkley. Senator Reed.
        Senator Reed. Thank you very much, Madam Chair. And thank
    you, Madam Secretary. First, let me thank you for joining us in
    Newport a few days ago for the groundbreaking on the NOAA
    Atlantic Ocean Center. It is going to add to the vitality of
    Rhode Island as a hub, and I use the word very explicitly, for
    the blue economy. And coupled with the NOAA presence, the Coast
    Guard presence, the Navy presence, the University of Rhode
    Island's School of Oceanography, and just across the border,
    Woods Hole, et cetera, this is a place where ocean technology
    can and will take over--take off.
        We have, as no surprise, I will echo the chorus about the
    tech hubs, we have put in an Ocean Tech Hub, you were gracious
    enough to let me come to the office and talk about it. And we
    feel it is going to be a great asset for the country, not just
    Rhode Island. And I would hope you could give us an idea of
    when the announcements will be made for phase two, but also any
    other comments that you have.
        Secretary Raimondo. Well, thank you for coming to the
    office to highlight the benefits and advantages of that
    program. As I have said, I have been overwhelmed by the quality
    of tech hubs and Rhode Island is no exception. I hear you. I
    know how great the application is.
        We will be making announcements this summer. So you know,
    June/July timeframe, we will be making the announcements.
        Senator Reed. Well, again, you will make it, I am sure,
    with wisdom and commitment to the merits of the program, but
    thank you for your attention to our effort in Rhode Island.
        I want to switch gears a bit, one of your agencies, the
    Bureau of Industry and Security, has the obligation to
    promulgate regulations for exports, et cetera, and one of the
    problems we have discovered is the export of U.S.-made firearms
    and ammunition which has been diverted to impact on national
    security, diverted to drug trafficking gangs, political
    violence, et cetera.
        The BIS has put forward a new rule after months of work
    that will better align our national security and foreign policy
    objectives. Can you explain to the Committee the process that
    the BIS went through and how it protects our national security?
        Secretary Raimondo. Yes, so we received information that
    many of the guns which we were exporting were being diverted to
    terrorists, drug cartels, drug lords, criminals in other
    countries. So we paused and we studied it for a number of
    months. At the end of May, we are coming out with new
    regulations. The pause will end when we have new regulations.
        The State Department has given us 36 countries that they
    believe are problematic, political instability, narcotics, et
    cetera, and we are having much tighter scrutiny of gun exports
    to those countries.
        What I would say is, this is a narrowly targeted regulation
    focused on enhancing our national security. It will affect less
    than 10 percent of all of our country's gun exports. It is not
    a broad ban on gun exports; it is a narrow, narrowly targeted
    restriction to improve U.S. National Security.
        Senator Reed. Thank you, Madam Secretary. Let me just
    conclude with mentioning the NOAA Narragansett Laboratory,
    which is across the bay from the NOAA Newport Laboratory that
    is being built, actually the headquarters. Cuts in the
    Cooperative Research Budget are severely and potentially going
    to limit the research that is done at the Narragansett
    Laboratory. Cooperative research is incredibly important, and I
    would like to work with you and the Department to continue to
    resource that work at the Narragansett Laboratory.
        Secretary Raimondo. We will do that. As I said earlier, it
    is a very challenging budget. In NOAA, we decided to prioritize
    weather satellites, which are expensive but necessary. I
    suppose the only good news is there is $31 million for offshore
    wind in the NOAA budget, but yes, we will work with you to do
    everything we can.
        Senator Reed. Well, thank you.
        And Madam Chair, I think to emphasize the point that was
    made on my arrival, that all roads lead to Rhode Island, we
    should realize that Senator Britt lived in Rhode Island while
    her husband played for New England Patriots, which is my
    constituent. And by the way, her daughter, although born in
    Boston, also resided in Rhode Island, so all roads do lead to
    Rhode Island.
        Secretary Raimondo. Proof, further proof.
        Senator Shaheen. I can't even respond to that.
        Secretary Raimondo. New England's road leads to New
    England.
        Senator Shaheen. That is right. New England is fine.
        Secretary Raimondo. Thank you.
        Senator Shaheen. I don't think we are expecting any other
    Senators, but I do have a couple of final questions. I want to
    go back to some of the coastal programs that have been
    mentioned by a number of us. Sea Grant, IOOS, the National
    Oceans and Coastal Security Fund grants, all of those programs
    are critical. And again, I understand it is a tight budget, and
    I understand you had to make cuts, but those are programs that
    I don't think we can let be reduced to the extent that they are
    or zeroed out.
        Another one is the NOAA Hydrographic Mapping effort, which
    includes the Center of Excellence for Operational Ocean and
    Great Lakes Mapping and Joint Hydrographic Center; those are
    important partnerships for the University of New Hampshire. So
    we are going to be looking for ways in which we can continue
    funding there. And will you commit to work with me to continue
    those efforts?
        Secretary Raimondo. Yes. I mean, absolutely, let us work
    together. There is no--we don't deny the importance, as I said
    earlier, or maybe I didn't say it, we are endeavoring wherever
    we can to use Infrastructure Law monies and IRA monies to make
    up for some of these losses. But yes, I would look--let us work
    with your staff and see what we can get done.
        Senator Shaheen. Well, thank you. The other issue that I
    have is also related to coastal concerns and fishing. You heard
    from Senator Murkowski, the challenges, in Alaska. As you know,
    those are significant challenges in New England as well.
        The groundfish surveys in the northeast have really been
    critical. I understand there are concerns about issues with the
    NOAA research vessel, the Bigelow, which has been doing a lot
    of those surveys. So what is the plan for mitigating the loss
    of the Bigelow while it is out of service for maintenance?
        Secretary Raimondo. Um-hum. We have a plan. It is out of
    service for maintenance, we actually have, and I would be happy
    to have my staff give yours a full comprehensive plan, for how
    we will deal across the fleet, when the vessels are taken
    offline for maintenance to make sure that we continue to do the
    work that we need to do.
        Senator Shaheen. Good. Well, we look forward to hearing
    that. Another effort that has been really critical for States
    like New Hampshire that have very few, sadly, very few
    fishermen left, is the At-Sea Monitoring Program, and the
    effort to provide assistance for that monitoring so the cost
    doesn't all fall on the fishing industry, has been critical.
    Can you talk about how this effort is going? In 2024 we
    provided funding to integrate that program and the stock
    assessments. Is that moving forward, and what do you see as the
    outcomes of that research?
        Secretary Raimondo. You have talked about this with me
    before. I would say it is moving forward. But once again, I
    think the best next step, is to have a team come over and give
    you a full briefing about where we are.
        Senator Shaheen. Great. We would like that, and appreciate
    that. And I think there may be some other Senators on the
    Committee who would be interested in that as well, so hopefully
    we can invite them.
        Secretary Raimondo. Let us do it.
        Senator Shaheen. Okay. Well, thank you.

                         ADDITIONAL COMMITTEE QUESTIONS

        At this point, I will close the hearing, if there are no
    further questions this afternoon. Senators may submit
    additional questions for their official hearing record, and we
    hope that the Department can answer those questions, to the
    extent there are any, 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 Secretary Raimondo, Department of Commerce
                Questions Submitted by Senator Joe Manchin, III
        Question 1. In March 2024, NOAA held a technology workshop
    regarding the technologies and data available that can be deployed to
    help reduce the risk of North Atlantic Right Whale (NARW) vessel
    strikes. The workshop made it clear that there is robust technology in
    existence today to help reduce risk without the need for blanket area
    access closures.

        1A. Why has your department not considered technology mandates as a
    means of alternative management for reducing the risk of vessel
    strikes?

        Answer 1A. Endangered North Atlantic right whales are at risk of
    extinction, and we must reduce the threat of lethal vessel strikes.
    Just this year alone, we have documented four fatal vessel strikes for
    right whales. NOAA Fisheries strongly supports the development and
    testing of vessel strike risk reduction technologies. However, there
    are currently no technologies available that have been proven to reduce
    the risk of vessel collisions to right whales, which is why we are
    investing in the development, evaluation and ultimately, the
    implementation of technological solutions using IRA funding.

        1B. In light of the significant technology available, would your
    department not agree that implementation the proposed rule should be
    delayed, to instead consider pushing for the use of available
    technologies that can better reduce the risk of vessel strikes without
    jeopardizing vessel operator safety and coastal economies?

        Answer 1B. As noted in my written testimony, North Atlantic right
    whales are among the most imperiled species on the planet, with vessel
    strikes and entanglement in fishing gear killing over 200 right whales
    since 2011. The Endangered Species Act and the Marine Mammal Protection
    Act mandate action to prevent the extinction of this species and
    further its recovery. In 2021, NMFS released an assessment of its
    existing speed regulations, and while the assessment found that current
    regulations have reduced vessel-strike related serious injuries and
    mortalities of right whales, it also highlighted the need for
    additional action. NOAA is exploring and investing in technological
    solutions as part of our overall Road to Recovery efforts, but until
    they are fully developed, evaluated, and implemented, an effective
    vessel speed rule remains critical for the survival of this species.

        Question 2. We in Congress have made significant investments in
    broadband infrastructure funding through the IIJA. In particular, we
    are dedicating $42.5 billion through NTIA's BEAD program to help close
    the digital divide--an issue we're all too familiar with in West
    Virginia. While BEAD was a record new investment, we know it the
    dollars will stretch further if we align the rollout with previously-
    approved broadband funding, such as the FCC's 5G fund.

        2A. Can you discuss the work you and the FCC have done to ensure
    that the BEAD money and prospective 5G Fund complement each other, so
    they can have the greatest impact in closing the digital divide!

        Answer 2. The National Telecommunications and Information
    Administration's (NTIA's) Broadband Equity Access and Deployment (BEAD)
    Program is focused on providing high-quality fixed broadband Internet
    service to residential and business locations (Broadband Serviceable
    Locations) in all U.S. States and territories, while the Federal
    Communications Commission's (FCC's) 5G fund is focused on support for
    mobile broadband Internet services. These programs are complementary
    because consumers value high-quality fixed broadband Internet services
    to their homes and businesses as well as the mobility provided by high-
    quality mobile broadband Internet services. In the BEAD Program, we
    expect Eligible Entities will use a mix of technologies, including
    fixed wireless, to connect their unserved and underserved locations. In
    addition, the BEAD Program Notice of Funding Opportunity recognizes the
    unique characteristics of fiber to ``ensure that the network built by
    the project can easily scale speeds over time to . . . meet the
    evolving connectivity needs of households and businesses'' and
    ``support the deployment of 5G, successor wireless technologies, and
    other advanced services.'' \1\ Driving more broadband, including fiber,
    deeper into our communities supports both connecting more households to
    broadband and advanced wireless services.

        Question 3. In the recent tin mill dispute, the International Trade
    Commission (ITC) rejected the Commerce Department's findings that tin
    mill from several countries had injured domestic industry. In rejecting
    injury and AD/CVD remedies, that ITC affectively shuttered the
    Cleveland-Cliffs Weirton, West Virginia facility, which will result in
    over 900 job losses primarily from West Virginia and Ohio. The ITC is
    meant to be an independent, non-partisan body governed by an equal
    number of Democrats and Republicans reflecting a diversity of views.
    Currently, two Republican vacancies exist, and of the four active
    commissioners, three are serving on expired terms.

        3A. Do you agree that having a fully staffed and fully functioning
    ITC is critical to protecting American businesses and workers?

        Answer 3. The United States maintains a bifurcated trade remedies
    system in which Commerce measures the amount of dumping and/or
    subsidization. Concurrently, the U.S. International Trade Commission
    (ITC), an independent agency, examines whether the U.S. industry has
    been materially injured, or threatened with material injury, because of
    dumped or unfairly subsidized merchandise. Commerce and ITC
    determinations are made independently and are objectively determined
    solely on the factual evidence on the record before each agency. Both
    agencies' determinations are subject to litigation and remand orders
    from the courts. While we cannot speak to the ITC's specific staffing
    and workload, robust staffing for both Commerce and ITC is imperative
    for a well-functioning trade remedy system that protects domestic
    industry. Commerce has initiated 91 new AD/CVD investigations and is
    enforcing 690 AD/CVD orders thus far in fiscal year 2024. This is a
    historic workload for Commerce, and we continue to train and deploy all
    available resources to defend U.S. industries and workers against
    foreign competitors' injurious and unfair trade practices. As
    Commerce's workload increases, the ITC will also likely have additional
    workload to manage.

        Question 4. As you are likely aware, the U.S. imposes anti-dumping/
    countervailing (AD/CVD) duties on imported plywood from Vietnam that
    contains Chinese components. I strongly support efforts to crackdown on
    this transshipment of goods. Recently, a number of Vietnamese plywood
    exporters were placed on the Commerce Department's ``blacklist'' for
    failure to adequately respond to a Commerce Department questionnaire on
    the presence of Chinese components. As a result, a number of U.S.
    hardwood plywood producers became subject to an anti-circumvention
    review and determined to owe millions in duties despite Commerce still
    conducting an investigation. Seeing that this investigation is not
    final, premature imposition of duties to the tune of millions of
    dollars can seriously disadvantage American producers cooperating with
    anti-circumvention investigations.

        4A. Will you commit to not levying financial penalties on firms
    until the anti-circumvention review process has reached finality?

        Answer 4. As background, Commerce's administrative reviews are
    separate from its circumvention findings that certain plywood products
    from China, assembled/completed in Vietnam, are subject to duties. The
    circumvention inquiries were finalized in July 2023 and resulted in
    company and country-specific findings of circumvention. As a result, a
    certification program was implemented to permit exporters and importers
    from Vietnam to certify that their plywood is not produced using
    Chinese materials and, therefore, not subject to these remedial duties.
    Certain companies that did not cooperate with Commerce's request for
    information were found ineligible to participate in the certification
    program. Because this matter is in active litigation, Commerce cannot
    discuss the circumvention case further.
        As part of the ongoing review of the AD/CVD orders on hardwood
    plywood from China, Commerce is allowing previously ineligible
    companies the opportunity to demonstrate that they are not
    circumventing the orders. Specifically, if companies cooperate with
    Commerce's requests for information, and demonstrate that they can
    adequately track their production and shipments of plywood, they will
    be able to participate in the certification regime, meaning that they
    would not be subject to duties during the pendency of the review. If
    companies can demonstrate that their prior plywood shipments are not
    completed in Vietnam using certain Chinese inputs, the estimated duties
    collected thus far will be refunded after the final results of review,
    which are anticipated in late November 2024.
    ---------------------------------------------------------------------------
        \1\ Infrastructure Investment and Jobs Act, Public Law No. 117-58,
    Sec. 60102(a)(2)(I) (2021).

                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question 1A. The Department of Commerce's Bureau of Industry and
    Security is a small, but increasingly critical agency, whose work
    developing the US export control protocols is growing in significance.
    It's important that we prioritize this work and speak to its
    significance in meeting our national security objectives.
        How would reducing the BIS's budget hinder our capacity to
    implement export controls and prevent us from stopping US investment
    into key Chinese technologies?

        Answer 1A. The 2025 President's Budget provides BIS with the
    funding needed to meet its mission-critical objectives, as the pace of
    technological development is not slowing, and the geopolitical threat
    landscape is only becoming more complex. Without the funding in the
    2025 Budget, BIS's ability to carry out its mission will be diminished
    in the following areas:

      --Information Technology (IT) Systems and Security.--Reductions in IT
            investment will impair BIS's ability to incorporate all-source
            data during the license application review process. This
            includes critical data generated by both the U.S. Government
            and the private sector. An efficient and secure IT
            infrastructure is essential for timely and accurate
            decisionmaking in export control processes.
      --Data & Analytics.--Reductions in funding for data and analytical
            tools will limit BIS's access to proprietary datasets and a
            modern data analytics system. These tools are essential for
            understanding critical supply chains and the intricacies of
            entity-business relationships. Without these resources, BIS's
            ability to make informed decisions regarding export controls
            will be significantly hampered.
      --Enforcement.--Budget reductions will result in fewer agents and
            analysts both in the United States and abroad, thereby reducing
            BIS enforcement outcomes, to include the number of:
            transactions identified as possible violations; end-use checks
            conducted abroad to determine the bona fides of foreign
            parties, disposition of U.S. exports, and inform licensing
            decisions; parties nominated for addition to the Entity List;
            and investigations that can lead to criminal and/or
            administrative sanctions to penalize violators and deter future
            non-compliant behavior.
      --Specialized, In-House Expertise.--Reductions will limit access to
            experts across critical fields and contracts with national labs
            and agreements with other relevant entities to provide
            specialized access to up-to-date, cutting-edge technologies and
            markets, as well as economics and supply chain management.
      --Outbound Investment.--Reductions will limit BIS's ability to fully
            implement its responsibilities under this program when it is
            fully enacted. BIS, along with the International Trade
            Administration, will be the primary bureaus responsible for
            Commerce's work on the outbound investment program. BIS will
            bring its technical expertise to bear in reviewing
            notifications submitted under the outbound investment program.
            Reductions in BIS resources will limit BIS's ability to provide
            thorough analysis of the notifications to help Commerce and
            Treasury determine how and whether to amend the scope of the
            technologies subject to the program in the future as
            technological threats evolve.
      --Domestic and International Policy Engagement.--Reductions will
            deteriorate the critical investments made in interagency policy
            coordination and reduce support to multilateral partnerships
            that arose in the wake of Russia's full-scale invasion of
            Ukraine and that also support coordinated actions related to
            the People's Republic of China's semiconductor industry. The
            need for new bilateral and multilateral partnerships will
            continue for the foreseeable future as the People's Liberation
            Army aims to reinforce and consolidate its influence in
            critical global supply chains that span the Middle East, the
            African continent, Southeast Asia, and beyond.

        Question 1B. Our economic competition strategy can be bolstered by
    the US thinking about the end goal. We currently have mechanisms in
    place to analyze, research, and expand investment screening, in order
    to coordinate both internally and work with our allies to increase
    multilateralism.

        How can expanding upon the BIS's work not only improve the efficacy
    of export controls as a security tool, but also demonstrate the merits
    of these capabilities to our allies and potential future partners in
    this realm?

        Answer 1B.
      --Enforcement Partnerships.--Effective enforcement protects U.S.
            national security and ensures that companies, both domestic and
            foreign, that invest in an export management program are not
            placed at a competitive disadvantage by those that cut corners.
            BIS Export Control Officers (ECOs) play a critical role in this
            regard, identifying non-compliance that can predicate BIS
            investigations as well as working with foreign companies to
            enhance their compliance with U.S. export controls and building
            capacity with government partners to enforce coordinated
            controls. BIS's FY 2025 budget request includes the addition of
            four ECOs to perform these functions and liaise with allies and
            partners. These include making permanent our ECO positions in
            Finland and Taiwan, critical partners in our effort to prevent
            Russia and China from acquiring advanced U.S. technologies like
            semiconductors and quantum compute capability, as well as
            establishing new ECO positions in the Western Hemisphere to
            enhance export control systems across Latin and South America
            and safeguard U.S. technology from misuse (e.g., diversions of
            firearms to support transnational criminal organizations) or
            misappropriation by nation state adversaries like China, Iran,
            and Russia whose trading relationships are increasing in the
            region. These investments will increase export control
            cooperation across the globe as well as protect U.S. national
            security.
      --Advanced IT Systems and Analytics.--Investing in advanced IT
            systems and data analytics allows BIS to process and analyze
            large volumes of data efficiently. This capability is crucial
            for vetting parties to license applications, identifying
            violations in real time, and evaluating the effectiveness of
            export controls, thereby enhancing U.S. national security.
      --Engaging Allies and Partners:
      --Interagency and International Collaboration.--Expanding BIS's
                efforts can enhance collaboration with other U.S. agencies
                and international partners. Sharing best practices,
                information, and technological resources enhance
                implementation, enforcement, and alignment of export
                controls. This cooperative approach not only improves
                global security but also helps ensure a level playing field
                for U.S. and allied industry.
      --Showcasing Success Stories.--Through successful case studies and
                transparent reporting, BIS can showcase how effective
                export controls have prevented unauthorized transfers of
                critical technologies. These success stories can be
                powerful tools in convincing allies and potential partners
                of the importance and effectiveness of administering and
                enforcing export controls.
      --Training and Support Programs.--In cooperation with other U.S.
                Government agencies, such as the Department of State's
                Export Control and Related Border Security (EXBS) program,
                BIS can expand its training and support programs for
                allies, helping them develop their own export control and
                enforcement capabilities. This includes offering technical
                assistance, training workshops, and sharing regulatory and
                enforcement expertise. Such initiatives not only strengthen
                global security but also foster closer cooperation between
                the United States and its allies. Enhanced training
                programs and technical support are essential for ensuring
                that allies can effectively implement and enforce export
                controls.

        Question 2. The International Trade Administration plays a key role
    in facilitating US competitiveness, and reducing its budget to FY22
    levels is directly undermining our own efforts to compete in the
    increasingly complex global economy. This is a threat to our nation's
    industries and our efforts at remaining economically viable, building
    out resilient supply chains, and expanding technological leadership in
    collaboration with our trade partners.

        Question 2A. How would cutting funding for the International Trade
    Administration's supply chain resiliency efforts and outbound
    investment analysis reduce US competitiveness? Would this make it
    harder for US businesses to compete globally?

        Answer 2A. Cutting funding to FY 2022 levels would have a
    significant negative impact on ITA's ability to deliver not only on
    both supply chain resiliency and outbound investment efforts that help
    ensure that U.S. firms can compete in a global marketplace but would
    also hinder ITA's broader export promotion efforts and the ability to
    protect American businesses from unfair trade practices abroad.
        ITA's supply chain resilience and outbound efforts are led out of
    its Industry & Analysis business unit (I&A), which is working to serves
    as the analytic engine for supply chain resilience policy within the
    U.S. Government. Returning I&A to FY 2022 levels would roll back the
    additional $10.85 million investment that the Congress made in I&A in
    FY 2023, which we used to establish a small team for a first-of-its
    kind Supply Chain Center (SCC) and to add staff responsible for
    critical sectors and emerging technologies important to U.S. economic
    security. It would jeopardize I&A's ability to fulfill its role in
    implementing Executive Order 14105, ``Addressing United States
    Investments in Certain National Security Technologies and Products in
    Countries of Concern''. In addition, it would cut into I&A's
    longstanding efforts to promote and protect U.S. businesses by helping
    them compete in a global marketplace, grow their exports, and
    strengthen the supply chains on which they depend.
        Rolling back this funding would:

      --Diminish our ability to invest in the data needed to engage in
            proactive and predictive work on key supply chains that would
            inform hundreds of billions of dollars of economic activity.
      --Hinder our ability to provide the sector-specific industry
            expertise needed to identify and mitigate supply chain risks
            across crucial industries and to prevent U.S. private capital
            from financing adversary advances in critical sectors that
            undermine U.S. national security.
      --Delay response times in identifying and resolving supply chain
            issues impacting U.S. firms.
      --Diminish our capacity to mitigate trade barriers impacting U.S.
            companies' ability to export to foreign markets.
      --Prevent the USG from more aggressively pursuing challenges and
            leave United States industries more vulnerable to national
            security threats from adversary strategy in supply chains.
      --Diminish our ability to advise the White House, the Department of
            Defense, Department of Energy and other US agencies on programs
            and investments related to specific supply chains and to
            proactively identify and address supply chain chokepoints for
            emerging technologies.
      --Hinder our ability to substantially expand industry engagement to
            fulfill the emergent and ongoing need to proactively
            communicate with industry representatives about the outbound
            program and answer the high volume of questions they will have
            as they seek to implement this new policy.

        Question 2B. How does increasing the ITA's funding across multiple
    sectors--including new ventures like the Office of Critical Minerals
    and Metals--help bolster its work on strengthening US national security
    objectives?

        Answer 2B. Increasing the International Trade Administration's
    funding across multiple sectors would greatly enhance its ability to
    support U.S. national security objectives. For example, ITA's Industry
    and Analysis (I&A) business unit is critical to U.S. Government supply
    chain work because of its broad and deep sectoral expertise, its
    analytical capacity, and its unique combined commercial and national
    security perspectives, which are at the heart of understanding and
    strengthening supply chains needed to advance U.S. economic prosperity
    and security. Though I&A has recently increased capacity to cover
    sectors that are critical to U.S. national security, including creating
    the Office of Critical Minerals and Metals, we do not have enough
    positions to provide the depth or breadth of coverage needed to
    adequately enhance U.S. competitiveness and national security,
    particularly for critical and emerging technologies.
        I&A's sector and supply chain-related analyses are already used
    across the U.S. Government to support national security objectives.
    Additional funding would enhance I&A's ability to:

      --Provide sectoral understanding and supply chain-related analyses
            for Committee on Foreign Investment in the United States
            (CFIUS) cases, helping to ensure that foreign investments do
            not jeopardize U.S. national security.
      --Increase I&A's capacity to identify and advocate against
            technology, legislation, and regulatory issues jeopardizes U.S.
            technology leadership worldwide.
      --Increase expertise in sectors targeted by the outbound program who
            have the technical fluency and industry relationships to
            understand and anticipate national security risks associated
            with cutting-edge technologies--both those currently covered
            and those that may need to be recommended to the President for
            future inclusion.
      --Counter efforts by foreign adversaries to exploit U.S.
            technological breakthroughs and gain strategic leverage by
            seeking control over key supply chains.
      --Expand a cross-sector supply chain risk assessment framework to
            inform U.S. Government decisions about which supply chains are
            most vulnerable, why, and how they can be strengthened and
            undertake additional proactive analysis to identify specific
            supply chain risks and provide concrete and actionable policy
            recommendations to get a head of potential vulnerabilities and
            disruptions.
      --Provide strategic guidance to other bureaus and offices of the
            Department of Commerce, The White House, Department of Defense,
            Department of Energy, the Department of State, and other
            departments and agencies related to industry- and sector-
            specific competitiveness issues as they disburse billions of
            dollars in U.S. Government investments for supply chains.

        Question 2C. How can Congress expand upon the work you're doing to
    ensure that we're prioritizing supply chain security comprehensively?

        Answer 2C. Congress's support for the 2025 President's Budget
    request for $12 million for Industry and Analysis's (I&A) supply chain
    efforts would allow ITA to expand and institutionalize the Supply Chain
    Center and expand the cadre of industry experts working to support U.S.
    competitiveness and national security. This would enhance I&A's
    capability to provide sector-driven quick-turn analyses (e.g., related
    to crises or potential contingency scenarios that threaten or cause
    supply chain shortages); develop and implement a cross-sectoral supply
    chain risk evaluation framework; increase ITA's ability to proactively
    assess additional critical supply chains to develop U.S. Government-
    wide sector-specific strategies; support Commerce's work to expand
    domestic manufacturing related to critical supply chains; and provide
    strategic and substantive leadership to international supply chain
    coordination and collaboration initiatives. Moreover, as Congress
    contemplates codifying additional supply chain efforts through the
    Promoting Resilient Supply Chains Act (H.R. 6571/S.4375), additional
    resources may be required to further supply chain security.
        In addition, supporting the 2025 President's Budget request for $5
    million for I&A's outbound investment program would allow I&A to create
    a new office to manage its investment security activities under both
    the outbound and Committee on Foreign Investment in the United States
    (CFIUS) programs. The new staff will be used to create an outbound team
    and to create positions in I&A's sector offices for the target sectors.
    This would enhance I&A's ability to address national security
    challenges related to threats to U.S. supply chains.

        Question 3. As the Chair of the Financial Services and General
    Government Subcommittee, I am currently reviewing the FCC's FY25 Budget
    Request. The FCC has requested $30M to sustain the National Broadband
    Map project. I understand that the success of the mapping project
    directly impacts the effectiveness of the Broadband Equity, Access, and
    Deployment (BEAD) Program that NTIA administers to help provide high-
    speed Internet access to every American.
        Secretary Raimondo, what impact would stopping funding for the
    FCC's mapping effort through FY25 have on the NTIA's work?

        Answer. The Broadband Equity, Access, and Deployment (BEAD) Program
    and other Federal broadband grant programs are dependent on the Federal
    Communications Commission's (FCC's) National Broadband Map and
    Broadband Funding Map (BFM) to identify broadband availability and
    federally funded broadband infrastructure projects. Without the FCC's
    mapping efforts, there will not be a single source of data that enables
    NTIA and other Federal agencies to identify locations that lack access
    to reliable broadband, which could leave many people unconnected. In
    addition, the information included in the BFM allows Federal agencies
    to consider whether locations are already funded by another Federal
    agency, which is important to limit potential duplicative Federal
    funding. Finally, NTIA intends to leverage the data tracked in the BFM
    to develop the annual Federal Broadband Funding report and dashboard,
    as mandated by the ACCESS BROADBAND Act.

        Question 4. In the Chesapeake Bay watershed, we have been hit hard
    by invasive catfish and snakehead, which are decimating our blue crabs
    and striped bass populations, among other species. We rely on the
    partnership of NOAA Fisheries to protect the health of the Bay, and I
    appreciate the work that's been done to date with the Chesapeake Bay
    Program on invasive catfish and snakehead. NOAA can and should continue
    to be a key resource in addressing fishery management challenges in the
    Chesapeake by, for example, conducting comprehensive scientific and
    technical studies on invasive catfish and snakehead in the Chesapeake
    and through environmental education initiatives.

        Secretary Raimondo, can I count on NOAA to work with us to advance
    management efforts of invasive catfish and snakehead in the Chesapeake
    Bay?

        Answer. NOAA leads the Chesapeake Bay Program's Invasive Catfish
    Workgroup, which coordinates activities and recommends actions to
    implement the five policy objectives outlined in the Invasive Catfish
    Policy Adoption Statement.\1\ The Workgroup emphasizes bay-wide
    communication among jurisdictions and engagement of a broad group of
    members representing the commercial and recreational fishery, seafood
    processing industry, state agencies and the science community.
        Recently, the NOAA Chesapeake Bay Office worked with fisheries
    managers in the Maryland Department of Natural Resources, Virginia
    Marine Resources Commission, and the Potomac River Fisheries Commission
    on a new commitment to develop management strategies to minimize the
    spread and ecological impacts of invasive catfishes in the Chesapeake.
    The management strategies will use the best available science and
    consider the diverse interests of stakeholders, support ecosystem
    health, and increase public awareness.
        NOAA also coordinates effective management and recovery of
    Chesapeake Bay species using ecosystem-based science to inform fishery
    management decisions that cross state boundaries. We are committed to
    working with jurisdictions through the Chesapeake Bay Program should
    they identify actions for snakehead control/management.
    ---------------------------------------------------------------------------
        \1\ https://d38c6ppuviqmfp.cloudfront.net/channel_files/17972/
    final_catfish_policy_git_1-24-12--(with_signatures).pdf.

                                     ______

                 Questions Submitted by Senator Martin Heinrich
        Question 1. Secretary Raimondo, foreign-owned semiconductor
    fabrication companies already receive substantial direct and indirect
    subsidies from the governments of the countries they are headquartered
    in. American companies that receive funding from the CHIPS and Science
    Act are thus at a competitive disadvantage with foreign companies who
    receive similar awards, all else being equal. How is the Department of
    Commerce factoring this in when determining its awards?

        Answer. The CHIPS Program Office (CPO) is evaluating applications
    based on the statute and the evaluation criteria listed in our funding
    opportunity. The statute and the evaluation criteria direct CPO to
    select projects--whether they are proposed by domestic or international
    companies as long as the projects are in the United States--that
    contribute towards the United States and its economic and national
    security. Each applicant provides CPO with an incentive justification
    in which they explain how the CHIPS Incentives requested will
    incentivize the applicant to make investments in facilities and
    equipment in the United States that would not occur in the absence of
    the incentives. That narrative provides applicants an opportunity to
    describe international alternatives and any perceived competitive
    disadvantages, and CPO will consider any and all relevant factors in
    its assessment.

        Question 2. Secretary Raimondo, what steps are being taken by the
    Bureau of Industry and Security to modernize its IT infrastructure and
    data analytics capabilities to ensure that our export controls are
    enforced as effectively as possible, and what additional Congressional
    resources could be provided for this effort?

        Answer. The 2025 President's Budget requests a $3.5 million
    increase for BIS IT systems modernization and a $4 million increase for
    technical expertise on technologies, markets, and trade tools. This was
    an initial investment in positioning BIS for the future. Facing more
    export license applications, more items subject to export controls, a
    more sophisticated threat environment, and rapid advances in
    technology, BIS's underlying IT systems have become antiquated,
    constraining its ability to achieve an expanded, 21st- century mission.
    Therefore, BIS requests full congressional support for its FY 2025
    Budget Request to begin laying the groundwork for this mission critical
    IT modernization effort.

                                     ______

                   Questions Submitted by Senator Gary Peters
        Question 1. Secretary Raimondo: In fiscal year 2024, I supported
    the Department's budget request of $1.6 billion dollars for the Census
    Bureau. This funding is critical for decennial Census preparations, key
    surveys, and improvements to make the Census Bureau more efficient in
    the long run.
        The 2024 enacted level was significantly reduced--over $220 million
    below the President's request, and $103 million below FY23 levels. The
    Bureau is now in the middle of critical 2030 preparations that are
    necessary to help ensure the census is accurate--and budget shortfalls
    now can actually cause risks and increased costs down the line.
        As you know, an accurate census is essential for all communities.
        As you know, an accurate census is essential for all communities.
    How is the reduced FY24 funding level currently affecting the Census
    Bureau, in terms of reduced operations or trade-offs? I would
    appreciate if the Commerce Department and the Bureau could send me a
    documented impact statement about these FY24 funding effects.

        Answer.

    ----------------------------------------------------------------------------------------------------------------
                                                                                                          FY 2024
     FY 2023 vs FY 2024 Enacted Comparison by activity/subactivity:       FY 2023         FY 2024     Enacted change
                         (dollars in thousands)                           Enacted         Request      from FY 2023
                                                                                                          Enacted
    ----------------------------------------------------------------------------------------------------------------
    Current Surveys and Programs (CS&P).............................  ..............  ..............  ..............
    Current Economic Statistics.....................................        $220,627        $215,997        $(4,630)
    Current Demographic Statistics..................................         109,373         112,503           3,130
    CS&P Sub Total..................................................         330,000         328,500         (1,500)
    Periodic Censuses and Programs (PC&P)...........................  ..............  ..............  ..............
    Periodic Economic Statistics....................................         184,126         162,254        (21,872)
    Decennial Census................................................         642,481         599,861        (42,620)
    Geographic Support..............................................         112,201         112,201  ..............
    Enterprise Data Collection and Dissemination Systems............         216,192         179,684        (36,508)

        PC&P Sub Total..............................................       1,155,000       1,054,000       (101,000)

            Census Bureau Total.....................................       1,485,000       1,382,500       (102,500)
    ----------------------------------------------------------------------------------------------------------------

        The FY 2024 Current Surveys and Programs appropriation of $328.5
    million is $1.5 million below the level provided in FY 2023. Within
    this amount, the Census Bureau will be able to continue modernization
    efforts of the Current Population Survey, conduct the Survey of Income
    and Program Participation with an approximate 35,000 household sample,
    continue to fund the High Frequency Data Program at FY 2023 levels,
    provide marginal support for the Puerto Rico Economic Program, and
    partially fund the Population Estimates Program. However, supporting
    these initiatives requires the Census Bureau to reduce data collection
    efforts for new construction statistics and reduce data purchases that
    supplement data collection in areas such as retail sales.
        The Periodic Censuses and Programs (PC&P) appropriation of $1.054
    billion is $101 million lower than the FY 2023 enacted level. While
    PC&P programs are able to leverage available carryover and largely
    offset costs to maintain current critical operational needs, several
    programs will experience operational impacts and delays. Specifically,
    within the Decennial Census program, the 2030 Census will be able to
    continue its research and planning efforts in FY 2024 using a
    combination of FY 2024 appropriated funds and available carryover.
    However, slowdowns in preparation and IT solution development introduce
    increased readiness risk for the mid-decade field testing and contract
    award schedule risks, some of which could be exacerbated without full
    support for the FY 2025 President's Budget. In addition, failure to
    receive the funds requested in FY 2025 could result in delays to the
    development and testing planned for the 2026 Census Test until the 2028
    Dress Rehearsal as well as delay expansion of planning and operations
    staffing support for the 2030 Census. Within the Enterprise Data
    Collection and Dissemination Systems program (EDCADS), Center for
    Enterprise Dissemination Services and Consumer Innovation (CEDSCI)
    development and system upgrade activities will be significantly
    curtailed, and 24-hour operational support will have to be scaled back,
    which could increase the risk of system instability and outages,
    affecting user experience and public data search capabilities. EDCADS
    will also have to significantly reduce the level of effort in the
    Research and Applications initiative, which started in FY 2023,
    delaying methodology development for moving major surveys from
    interviewer-administered data collection, which is becoming cost
    prohibitive, to self-administered data collection, and constricting the
    Census Bureau's ability to contribute to the Department of Commerce's
    evidence-building infrastructure and services across the Federal
    government.

        Question 2. I was proud to help champion and pass the CHIPS and
    Science Act to boost American manufacturing, bring down the price of
    consumer goods, and jumpstart U.S. competitiveness.
        But another promise of the CHIPS and Science Act is good paying
    jobs for Americans--including union jobs. Recent reporting from the
    Bureau of Labor Statistics shows an $18 per hour median hourly wage for
    operators or assemblers at semiconductor plants--the largest group of
    workers.
        The median hourly wage for semiconductor production technicians is
    $23 per hour. These averages fall short of the six-figure salaries we
    believe this industry can and should deliver in the U.S. as this
    industry ramps up.
        What is your Department doing to ensure the manufacturing jobs
    created through this historic investment provide good wages and
    benefits--and the opportunity for workers to join a union?

        Answer. As part of the process of applying to receive CHIPS funds,
    applicants must create and submit workforce plans for both their
    construction and facilities workforce. In both of these plans, they
    must detail how they plan to abide by Good Jobs Principles developed
    jointly by the Departments of Commerce and Labor; one of these
    principles is worker empowerment and representation.
        While terms are subject to negotiation with applicants prior to
    final award, DOC has developed a number of standard terms for
    negotiation that it is prioritizing in the due-diligence process. These
    include, but are not limited to, workforce safety standards and worker
    safety committees, establishment of facility staffing targets, and
    ongoing reporting, such as reporting on applicant's adherence to the
    Good Jobs Principles. Noncompliance with Federal labor laws may affect
    distribution of milestone payments.
        Finally, on top of OSHA standards, the DOC team has worked to
    ensure that companies are required to meet the highest recognized
    safety standards for workers and that worker safety committees are
    required in CHIPS awards. CHIPS will require that recipients of Federal
    funding will review all chemical occupational exposure levels (e.g.,
    OSHA, ACGIH, and NIOSH) and apply the lowest limit (most protective)
    for each chemical used in its operations. The terms in the final award
    documents about worker safety committees will mirror what is in DOC's
    BEAD Program, which has been raised as a best practice by worker
    advocates. These committees will give workers a voice in directly
    shaping their workplace's safety policies.

        Question 3. I want to thank you for all your hard work to curtail
    the Chinese government's access to advanced semiconductor technology,
    including through export controls.
        As you well know, these efforts will be most successful if they are
    multilateral. Otherwise, U.S. market share in China in sectors like
    semiconductor tools may be easily supplanted by Dutch or Japanese
    sources and fail to slow Chinese development of leading-edge
    technology.
        Can you discuss what steps your Department is taking to make export
    controls multilateral to improve their effectiveness?

        Answer. As outlined in the Export Control Reform Act of 2018
    (ECRA), multilateral controls are more effective than unilateral
    controls. The Bureau of Industry and Security (BIS) regularly consults
    with foreign governments on export control matters, including within
    the four multilateral export control regimes and on a bilateral basis.
    As Congress noted in ECRA, ``[e]xport controls that are multilateral
    are most effective[.]'' If other countries supply the same types of
    items that the United States restricts, the U.S. controls will be less
    effective for two reasons. First, the countries or parties of concern
    will still acquire the items at issue. Second, U.S. technology
    leadership will be threatened if foreign competitors can undercut U.S.
    companies and earn revenue to invest in research and development. Thus,
    coordinating with allies and partners helps keep a level playing field
    for U.S. companies and helps to maintain U.S. technology leadership and
    competitiveness, all of which contribute to national security, as
    described in ECRA.
        As demonstrated by BIS's unilateral action to issue its October 7
    rules to restrict the PRC's access to advanced computing and
    semiconductor manufacturing, the U.S. reserves the right to act when
    our national security interests require it. However, we continue to
    prioritize engagement with international partners and allies to bring
    them on board and implement substantially similar controls.

        Question 4. I appreciate the work Commerce has done in recent years
    to place problematic biotechnology companies on the Entity List.
        In February, I joined a bipartisan letter urging Commerce to
    investigate the ties that WuXi AppTec and its subsidiary, WuXi
    Biologics, have to the Chinese Communist Party and People's Liberation
    Army and whether their integration into our healthcare system threatens
    our national security.

        Can you describe what steps your Department is taking to
    investigate these companies?

        Answer. As further detailed in our response to your February
    letter, BIS and our interagency partners regularly review available
    open-source, proprietary, and classified information to identify
    parties of concern warranting addition to the Entity List, including
    input from members of Congress. While BIS is unable to disclose
    information related to potential interagency deliberations on any
    particular entity, BIS has added certain entities in the People's
    Republic of China (PRC) to the Entity List for activities contrary to
    U.S. national security and foreign policy interests, including the
    harvesting of genetic data for use in campaigns of repression against
    minority groups, as well as for activities related to military
    purposes.

                                     ______

                Questions Submitted by Senator Susan M. Collins
        Question 1. In January 2024, Maine experienced back-to-back massive
    coastal storms resulting in unprecedented damage to critical
    infrastructure, including roads, piers, wharfs, bridges, causeways, and
    docks. The destruction was catastrophic for commercial fishermen who
    depend upon this infrastructure for their livelihoods. In response, we
    included $10 million in the FY 2024 funding bill to help repair and
    renovate infrastructure damaged in recent storms.
        Could you please give me an update on how soon that urgent funding
    will be obligated and out the door?

        Answer. We received the application from the Atlantic States Marine
    Fisheries Commission for this project. Our budgetary, environmental,
    and administrative reviews of the application were completed on June
    28, 2024 . Funds were obligated in September of 2024. All funds are
    available to the Atlantic States Marine Fisheries Commission.

        Question 2. For almost twenty years, NOAA has supported
    approximately 50 fishing vessels in the Northeast, as a way to engage
    fishermen in collecting data to address fishery science and management
    needs. This has been a very successful program, in part because these
    hardworking men and women know the waters where they work and know when
    and where to look for fish any given day.
        Why does the President's budget request propose to cut the
    cooperative fisheries research program by $10 million? Do you share my
    concern that cutting fishermen out of the science that underpins
    fishery management decisions will further the narrative that NOAA is
    not relying on the best available expertise?

        Answer. The Cooperative Research program will have approximately
    $3.7M available, with which NOAA Fisheries would focus on maintaining
    fisheries survey coverage by retaining current key cooperative fishery-
    independent surveys across the country, and leveraging recreational and
    commercial fishing vessels as survey platforms (in consultation with
    regional stakeholders, Fishery Management Councils, and Commissions).
    NOAA Fisheries is dedicated to taking cooperative partnership
    approaches with the fishing industry, academia, and state partners, and
    is utilizing Inflation Reduction Act funds to improve our overall
    science and survey enterprise, and better address ecosystem changes
    associated with climate change.

        Question 3. Recently, the Department's Office of Inspector General
    issued a Management Alert for the BEAD program that was based on
    industry stakeholder feedback. It raised issues with the BEAD Notice of
    Funding Opportunity's fiber preference driving up costs, the
    possibility of overbuilding by excluding consideration of certain
    spectrum or satellite, permitting delays, and workforce shortages.
        Can you please give us an update on how NTIA is working through the
    challenges outlined in the Management Alert, consistent with
    congressional intent? In particular, how you are addressing the IG's
    concerns about the fiber preference, and what oversight actions are you
    taking to prevent overbuilding?

        Answer. The National Telecommunications and Information
    Administration (NTIA) appreciates the Inspector General's (IG)
    engagement to ensure our programs operate with the highest integrity.
    The IG's Management Alert relayed industry challenges and policy
    positions that have been known to NTIA and stakeholders since 2022.
    Indeed, these issues--from the prohibitively high cost of extending
    fiber optic networks to some remote areas to the need to streamline
    permitting to readying the telecom workforce to meet the moment--have
    been continually addressed by NTIA, including in the Broadband Equity,
    Access, and Deployment (BEAD) Program Notice of Funding Opportunity
    (NOFO) released in 2022 that provides states the flexibility they need
    to successfully implement the BEAD Program.
        The BEAD Program NOFO recognizes there is no ``one-size-fits-all''
    approach to broadband deployment given each Eligible Entity's unique
    challenges, and NTIA will ensure that the Eligible Entities have
    flexibility in identifying the technical solutions that meet the needs
    of their communities. As a result, the NOFO creates room for all
    strategies and allows applicants to propose to provide service over any
    form of reliable broadband service, including terrestrial fixed
    wireless over licensed spectrum in certain circumstances. It also
    permits funding of projects utilizing alternative technologies,
    including low-Earth orbit and unlicensed wireless service, for the
    locations where the cost to deploy a ``reliable broadband service
    technology'' exceeds the Eligible Entity's identified ``Extremely High
    Cost Per Location Threshold.'' NTIA has worked, and continues to work,
    with Eligible Entities, as they develop solutions to these and other
    challenges that meet their unique needs.
        NTIA works to limit duplication of funding through a variety of
    mapping analyses and robust interagency coordination. We are committed
    to overseeing the BEAD program to ensure that NTIA and Eligible
    Entities are careful stewards of Federal funds and that those funds are
    directed where they are most needed, consistent with the statute's
    definitions and priorities.

        Question 4. Section 301 tariffs have been imposed on China due to
    that country's poor record on technology transfers and intellectual
    property. It is important that in imposing these tariffs, however, we
    consider the ramifications to our nation's small businesses.
        For example, Hussey Seating is a Maine-based small business that
    produces and sells spectator seating for venues across the United
    States. This family-owned business must use a set of molds and tools
    that are only produced in China. I support an exclusion process to
    ensure that U.S. small businesses, like Hussey Seating, are not
    unintentionally and unnecessarily harmed by efforts to crack down on
    China's illegal trade practices.

        How are you encouraging the USTR and the President to protect
    American small businesses like Hussey Seating when it comes to Section
    301 tariffs?

        Answer. American small businesses are essential to our economy, and
    the current Administration and Department of Commerce are committed to
    supporting them. Over the course of the China Section 301 tariff four-
    year review, 70 analysts from ITA lent their expertise to paint a
    comprehensive picture of domestic production and supply chains. And,
    over the summer, DOC staff thoroughly reviewed the public comments
    collected by the Office of the United States Trade Representative
    (USTR), including those from small businesses. Those comments were
    instrumental in shaping our recommendations for the interagency.

        Question 5. I am concerned about the Section 321 Loophole, or the
    China Tariff Loophole, where by brands lower their import fees by re-
    directing shipment through other countries, such as Canada and Mexico,
    and trucking them into the United States. This allows them to avoid
    certain duties and taxes by breaking apart their imports into smaller
    bundles. This has created an unfair business landscape that
    disadvantages U.S. manufacturers, like New Balance, which has three
    factories in Maine.

        What steps is the Department, along with other entities in the
    Administration, taking to address this loophole?

        Answer. The Department has been assessing the impact of Section 321
    (``de minimis'') shipments on the textile, apparel, and footwear
    industries, along with the availability of existing policy tools that
    could be used to address the increase in de minimis shipments,
    including from China. My team at Commerce understands the importance of
    this issue to our domestic industries and will continue to solicit
    views from stakeholders. Furthermore, the Biden Administration
    recognizes the complexity surrounding de minimis shipments and is
    working steadfastly across the interagency to address the matter.

        Question 6. I was alarmed by reports last year that Iranian drones
    used in Ukraine were built with numerous parts from American companies.
    It is unacceptable that American-made technology could be used by
    Tehran and its proxies to attack U.S. interests. I appreciate the
    Department's efforts on this issue, including providing an advisory to
    companies to help ensure they are not inadvertently supplying drone
    components to Iran.

        Please update the Committee on the Department's work to curb
    illegal exports to Iran, particularly with regard to components that
    could be used in systems to attack Americans. Does the budget request
    provide the resources necessary to adequately enforce export
    restrictions on Iran?

        Answer. BIS is committed to preventing Iran and its proxies from
    illicitly acquiring Export Administration Regulations (EAR) items
    through aggressive enforcement of our controls. BIS uses all of the
    tools at our disposal to identify illicit procurements and prevent such
    efforts, including by working with U.S. companies to identify and not
    fill orders as well as with law enforcement partners, such as Customs
    and Border Protection, to detain shipments.
        BIS and the Department of Justice also co-lead the Disruptive
    Technology Strike Force, which prioritizes interagency enforcement
    resources and authorities on efforts by nation state actors like Iran,
    China, and Russia to illicitly acquire our most sensitive technologies.
    Since the Strike Force was established in 2023, it has announced 24
    publicly charged criminal indictments, including charging two Iranian
    nationals in February 2024 with conspiring to export equipment used in
    the aerospace industry to the Government of Iran, in violation of the
    International Emergency Economic Powers Act (IEEPA), in connection with
    an alleged conspiracy to illegally export U.S. goods and technology
    without the required licenses , as well as charging an individual in
    August 2024 with violations related to the procurement of U.S.-
    manufactured aircraft components, including components used on military
    aircraft. BIS and our law enforcement partners will continue to
    aggressively pursue enforcement actions against parties illicitly
    exporting items to Iran.
        A critical resource for our enforcement program is the end-use
    check program, which identifies efforts of parties in third countries
    to circumvent U.S. export controls involving Iran. For example, BIS
    Export Control Officers (ECOs) are stationed in strategic transshipment
    countries like Turkey, Singapore, and the United Arab Emirates to
    identify Iranian illicit procurements.
        BIS's FY 25 budget requests to establish permanent funding for our
    ECO positions in Taiwan and Finland, as these are critical locations,
    given Taiwan's importance to the global semiconductor supply chain
    ecosystem and Iran's reliance on U.S. and western semiconductor
    technology, in addition to the strategic locations of Finland and the
    Baltics on Russia's border. Iran's expanding military relationship with
    Russia, such as an unmanned aerial vehicle co-production facility,
    would benefit from transshipments of U.S. items across the European
    Union.
        Further, BIS will be able to counter Iran's efforts to grow
    economic ties in the Western Hemisphere if BIS's FY 2025 request to
    establish two new ECO positions in Central and South America are
    funded. These two positions will monitor U.S. exports throughout the
    region and identify diversion attempts. The actions of our ECOs
    predicate law enforcement leads that are then aggressively investigated
    by BIS Special Agents and can result in criminal and/or administrative
    penalties or regulatory action such as additions to the Entity List.

        Question 7. There has been a surge of foreign boycott activities
    targeting Israel, such as Turkey's recent announcement that it will
    impose trade restrictions on Israel. Let me be clear, the Boycott,
    Divestment and Sanctions (BDS) movement seeks to stigmatize,
    delegitimize, and isolate the state of Israel.
        This discriminatory targeting of Israel is counterproductive to
    achieving peace between Israel and the Palestinians, and damages U.S.
    interests in promoting stability and prosperity in the region.

        What is the Department of Commerce doing to combat foreign boycotts
    of Israel, particularly with regard to Turkey's recent announcement?

        Answer. Promoting on behalf of OMB BIS aggressively enforces the
    antiboycott regulations against U.S. persons who take action to comply
    with any unsanctioned foreign boycott imposed by a foreign country
    against a country friendly to the United States, including Israel. BIS
    has strengthened enforcement and compliance with these rules by raising
    penalty amounts and by publishing a list of entities who have been
    identified as having made a boycott-related request in reports received
    by BIS. This Requester List, established in March 2024 and updated
    quarterly, helps U.S. companies identify requesters of boycott-related
    terms and conditions, thereby facilitating compliance with our
    antiboycott regulations. It also has resulted in listed parties
    providing attestations to BIS in order to be removed from the Requester
    List affirming the removal of boycott-related terms and conditions and
    undertaking, going forward, to cease imposing boycott-related
    requirements and compliance therewith as a condition in commercial
    documentation with U.S. persons, thereby eliminating boycott-related
    requests at their source.
        In addition, on May 14, 2024, following to Turkey's announcement
    that it would suspend all trade with Israel, BIS issued an antiboycott
    advisory. The advisory reminded all U.S. companies, wherever located,
    that the Export Administration Regulations prohibit U.S. persons from
    taking certain actions in furtherance of an unsanctioned foreign
    boycott and require reporting to BIS of receipt of a boycott-related
    request. In particular, U.S. companies operating in Turkey were
    cautioned to be alert to any requests to refrain from importing or
    exporting goods to or from Israel or to provide certification that the
    goods are not of Israeli origin or do not contain Israeli components or
    materials.
        The Office of Antiboycott Compliance, through its Advice Line,
    continues to counsel both U.S. companies and representatives of
    companies in Turkey regarding their responsibilities under the Export
    Administration Regulations.

                                     ______

                 Questions Submitted by Senator Lisa Murkowski
        Question 1. Why did the Department of Commerce decide to cancel the
    2024 Alaska longline survey instead of using survey contingency funds?

        Answer. The 2024 Alaska longline survey has historically been
    resourced through the sale of the catch (cost-recovery) to pay for
    vessel charter costs estimated at $2.5 million per year. This supports
    a 150 ft freezer vessel with 15 crew, 2 contracted biologists, and two
    scientists for a 90-day survey. Due to inflationary operating costs and
    market conditions for sablefish (the primary catch species), the vendor
    has incurred economic losses in previous survey years and cannot
    conduct the survey in FY 2024 without the risk of substantial economic
    loss. The $2.5M cost of the Alaska longline survey exceeded the $1.0M
    contingency fund provided as new appropriations in FY 2024. The
    contingency funds were directed to support a $1.018M northwest
    groundfish survey charter.

        Question 2. Given the importance of marine surveys to the both the
    health of the fish stocks and the fishing industry that relies on them,
    how does NOAA propose to notify Congress and the public when a survey
    is at risk, in order to give time for folks to react?

        Answer. NOAA Fisheries is committed to communicating reductions in
    survey efforts to Congress and the public as soon as possible, given
    changing economic conditions and fleet operations.
        NOAA Fisheries is engaged in a multi-year effort to strategically
    respond to climate-driven changes in the environment, maintain fishery
    survey operating efficiencies and modernization efforts, and mitigate
    shifting survey needs. We continue to balance national priorities that
    ensure sustainable seafood by prioritizing collection of critical
    survey data: against a challenging economic environment where the
    rising cost of surveys and changing market conditions demand strategic
    pivots within survey activities to ensure critical data collection
    needs can be met. This year, the Alaska Fisheries Science Center (AFSC)
    will redesign and reprioritize effort in several of its surveys, while
    advancing the use of modern methods and technologies to more
    efficiently collect data and accomplish its research mission to support
    sustainable fisheries management.
        In the short term, NOAA Fisheries and the AFSC have identified ways
    to help mitigate the impact of survey effort reduction and data loss
    while supporting long-term strategic plans for responding to changing
    ocean conditions. This includes reprioritization to reduce sampling
    effort in some surveys while working to preserve data quality and
    implementing some measures over several years. In the long term, our
    broader survey modernization efforts, including the use of new
    technologies and survey methods, will lead to greater efficiency,
    flexibility and cost effectiveness in providing fisheries, ecosystem
    and climate data to better support adaptive fisheries management. We
    will continue to update Congress and the public as these survey
    modernization efforts are implemented.

        Question 3. Is NOAA's survey modernization effort going to provide
    long-term planning and contingency plans for marine surveys given the
    number of factors that affect their success (sufficient labor, funding
    sources)?

        Answer. Yes, NOAA's ship recapitalization and maintenance plans
    will provide long-term planning mitigation for marine fisheries
    surveys. In FY 2025, NOAA requested a $41M increase to marine
    operations and maintenance to deliver an additional 1,123 days at sea
    for a total of 2,840 days at sea to support NOAA's missions, including
    fisheries research. NOAA ship Oscar Dyson will undergo a year-long mid-
    life repair straddling FY 2026 and 2027. This will extend the service
    life for approximately 20 years and upgrade technology and
    capabilities. Planning is well underway to ensure the missions from
    ships undergoing mid-life repair periods will still be completed,
    either aboard other vessels in the NOAA fleet or via charters. NOAA is
    also currently examining detailed designs and construction plans for
    new Class C Fisheries Coastal Science vessels for the NOAA fleet to
    replace the capabilities of 3 ships (Oscar Elton Sette, Gordon Gunter
    and Oregon II) that will reach the end of their service lives between
    2028-2033.
        In addition to NOAA ships, NOAA Fisheries relies on a diversity of
    sampling platforms for its data acquisition enterprise, including
    charter vessels, state-owned vessels, small boats, uncrewed systems,
    and other emerging technologies. NOAA Fisheries will rely on these
    platforms to sustain, if not expand, its priority survey missions.

        Question 4. Given the Department of Commerce's FY25 budget, which
    requests a 3% increase for Fisheries Science and Management, but a 27%
    increase for National Marine Sanctuaries and Marine Protected Areas and
    a 141% increase for NOAA to expand offshore wind permitting, how does
    this budget reflect ``NOAA's strong commitment to seafood sector
    resilience?''

        Answer. Offshore wind development continues to rapidly expand and
    represents a significant new use of our marine waters, requiring
    thorough scientific and regulatory review under NOAA's statutory
    responsibilities. Currently, there are 35 active commercial energy
    leases on the U.S. Outer Continental Shelf across three major ocean
    regions, including the Atlantic, Pacific, and Gulf of Mexico.
    Additional lease sales are anticipated via BOEM's five-year leasing
    plan, including additional leases along the continental U.S.
    coastlines, off the U.S. Territories, and Hawaii. Specific to resource
    needs in FY 25, BOEM plans to hold 4 wind energy lease sales in the
    remainder of CY 2024 (Central Atlantic, Gulf of Mexico--Round 2, Gulf
    of Maine, and offshore Oregon). In light of this, NOAA Fisheries
    expects a growing demand for our resources and expertise for offshore
    wind activities. NOAA remains committed to the Administration's goal of
    responsibly deploying offshore wind while protecting biodiversity,
    promoting ocean co-use, and sustainably managing our Nation's marine
    trust resources. The FY 2025 budget reflects this commitment, and the
    request includes additional funds to minimize impacts to ocean
    resources, critical habitats, and fishing opportunities throughout the
    planning, siting, development, and operational stages for offshore
    wind, while addressing and facilitating mitigation of impacts to our
    scientific surveys. The emphasis and expertise NOAA Fisheries brings to
    considerations of fishing and ocean co-use to inform BOEM's leasing and
    project decisions is particularly important to supporting
    sustainability of U.S fisheries and seafood production during this
    period of rapid change in use of the Outer Continental Shelf.
        Within the FY 2025 budget, NOAA Fisheries is also undertaking a
    range of activities in support of the seafood sector under NOAA's
    National Seafood Strategy \1\, for example: conducting an independent
    evaluation of the current state of Alaska fishing and seafood,
    communicating the sustainability of US seafood, identifying
    vulnerabilities to seafood supply chains in order to enhance fisheries'
    resilience to future market or supply disruptions, providing loans to
    industry though the Fishery Finance Program, and providing technical
    assistance to USDA for domestic seafood purchases.

        Question 5. What can the Department of Commerce do to document the
    total costs and market barriers facing domestic seafood producers,
    compared to those of foreign fisheries, and then develop a strategy to
    help US producers compete against cheap foreign seafood in US and
    global markets?

        Answer. NOAA Fisheries' Office of International Affairs, Trade, and
    Commerce (IATC) has increased NOAA's level of engagement in interagency
    coordination, stakeholder outreach, and strategic planning on seafood
    trade policy since establishing a Trade and Commerce Division in 2022.
    Through this, NOAA has sought to build new capacities to engage on
    market access, export promotion, and trade negotiations, including:
    working to improve the competitiveness of the U.S. seafood industry,
    and enhance stakeholder outreach, including drafting a seafood chapter
    included in the 2023 Department of Commerce National Export Strategy
    (NES) to help guide future action on seafood trade policy--this is the
    first time a chapter on seafood has been included in the NES. The NES
    seafood chapter (chapter 9) identifies factors impeding effective U.S.
    Government engagement on seafood trade in support of U.S. stakeholders
    and recommends ways to improve interagency coordination, including
    creation of a working group focused on the seafood sector to improve
    collaboration and efficiency in addressing seafood trade concerns and
    policy initiatives. The NES chapter also proposes actions to facilitate
    trade, increase access to foreign markets, improve outreach to
    stakeholders, enhance trade data and analysis, and conduct trade
    promotion activities to support the U.S. seafood industry. NOAA also
    advances U.S. seafood competitiveness and conservation objectives
    through bilateral and multilateral trade agreements and at
    international organizations.
        Recently NOAA's Seafood Inspection Program also revised the
    Approved Establishment requirements to include a Quality Management
    System for all participants. The Seafood Inspection Approved
    Establishment program is designed to reduce inspection efforts by
    partnering with industry participants and ensuring their responsibility
    for food safety, wholesomeness, economic integrity, and quality
    concerns for the system and products produced at the establishment. The
    direct result of the revised requirement will be higher quality seafood
    from US producers that will make them more competitive in both the
    domestic and global market.
        Our new National Seafood Strategy identifies what we, as an agency,
    can do to better support the seafood sector given the many concurrent
    stressors. We are committed to this work and in the midst of developing
    an implementation plan identifying activities within our current
    capacity. It will focus on the socio-economic and industry services
    part of our work. For example,

      (a) To better describe key trends and challenges, NOAA Fisheries is
            conducting an independent evaluation of the current state of
            Alaska fishing and seafood. This effort will result in a
            ``snapshot'' analysis of the market, economic, and geopolitical
            drivers affecting Alaska seafood production and trade and the
            effects on Alaska seafood businesses and communities which we
            will share and use to inform future efforts.
      (b) This past year, NOAA Fisheries identified economic and social
            science analyses to be undertaken as part of the Climate and
            Ecosystems Fisheries Initiative (CEFI) climate change scenario
            work. These CEFI work products, due in 2-3 years' time, will
            provide critical information on industry costs and
            infrastructure and labor needs, as well seafood demand models
            for some key commercial species.
      (c) To support industry competitiveness, the Saltonstall-Kennedy
            grant program provided two grants totaling $530,000 to Alaska
            in FY 2023 for the promotion, development and marketing of U.S.
            Fisheries, and Alaska continues to compete well in this annual
            grant program open to industry, academia, and state, local, and
            Indian Tribal governments to help promote U.S. fisheries by
            assisting the fishing community to address marketing and
            research needs. We recently announced the funding of the FY
            2024 grants, of which $1.4M is going to three projects in
            Alaska.

        Question 6. What can the Department of Commerce do to incentivize
    reinvestment and modernization in our fishing fleets and processing
    plants, and make sure these programs are effectively resourced and
    utilized?

        Answer. There are some programs already in place within the
    Department of Commerce to assist the industry in the reinvestment and
    modernization of our fishing fleets and processing capacity. Some
    aspects of these programs would require congressional direction or
    action to increase available resources and improve utilization to
    better support a more efficient and competitive U.S. seafood industry.
        The Fisheries Finance Program (FFP), funded by loan authority from
    Congress of $150M in traditional loans and $24M for individual fishing
    quota (IFQ) loans annually, provides long-term loans to the fishing
    industry and aquaculture industries. NMFS Financial Services Division
    (FSD) reports that over the last 10 years FFP has approved 238
    traditional loan applications for $484.7M. While these loans can be
    used for many purposes such as the modernization of fishing vessels and
    facilities. The FSD also administers the Capital Construction Fund
    (CCF), which incentivizes fishermen to improve the fishing fleet by
    enabling fishermen to construct, reconstruct, or, under limited
    circumstances, acquire fishing vessels with pre-tax dollars.
        The Saltonstall-Kennedy (S-K) Grant Competition \2\ may provide
    grants of up to $500k. Congressionally directed priority funding areas
    include promotion and market development and projects to develop
    infrastructure and capacity building. The scope of this program could
    be revisited with congressional direction to more explicitly meet the
    objectives of incentivizing reinvestment and modernization of our
    fishing fleet and processing industries, as well as supporting research
    and development into processing technologies. Additionally, the
    National Marine Fisheries Service participates in the Small Business
    Innovation Research \3\ program. This program is targeted toward small
    businesses and provides funds to support research and development
    through multiple phases of the R&D process.

        Question 7. What is the Department of Commerce doing to better
    integrate its seafood producer support with USTR, USDA, and all the
    other agencies that must better support the US seafood supply chain?

        Answer. NOAA Fisheries' Office of International Affairs, Trade, and
    Commerce (IATC) established the Trade and Commerce Division to
    consolidate NOAA Fisheries' trade monitoring programs, coordinate
    efforts on seafood trade and commerce policy, address market access
    challenges, consult with industry stakeholders, and to improve U.S.
    seafood trade analysis and reporting. NOAA Fisheries staff participate
    as subject matter experts in interagency working groups and USTR-led
    Trade Policy Staff Committees (TPSCs) to shape U.S. trade policy
    positions related to trade agreements, guide U.S. positions on
    fisheries subsidies at the World Trade Organization (WTO), and lead
    U.S. engagement on fisheries at the Organization for Economic Co-
    operation and Development (OECD).
        IATC works with Federal partners and others to identify and develop
    U.S. seafood markets and put more U.S. seafood on U.S. plates,
    particularly for the underserved. The Seafood Inspection Program works
    frequently with the USDA to increase industry's use of the Grade A
    standard, and increase purchases of seafood for school lunches and
    other distributions in the United States. USDA has announced they will
    purchase more seafood in the coming years with a requirement for USDC
    Grade A to aid in the increase of consumption of domestic seafood. The
    Seafood Inspection Program is working with USDA to develop more
    specifications for additional seafood products such as surimi to be
    purchased.
        Our new National Seafood Strategy identifies what we, as an agency,
    can do to better support the seafood sector given the many concurrent
    stressors. Coordinating with and leveraging resources of other Federal
    agencies, including USTR and USDA, are critical to the strategy. For
    example,

      (a) Staff engage informally with USDA, DOT, EDA and others to better
            understand overlapping priorities and resources relevant to the
            seafood sector. We are able to provide technical support to and
            coordinate with USDA as they evaluate how to integrate U.S.
            seafood production into national food policy strategies and
            USDA programs designed to support domestic food production.
      (b) Our Seafood Inspection Program provides technical assistance to
            USDA in their food purchasing programs.

        Our International Trade and Commerce program provides technical
    assistance to USTR and other Federal agencies for use in trade
    negotiations or other relevant international seafood issues

        Question 8. What--if anything--is the Administration and Department
    of Commerce doing to encourage other G7 countries to impose similar
    sanctions on Russian seafood?

        Answer. Following meetings with representatives of the Alaska
    seafood industry and the Alaska Congressional delegation, the
    Department of Commerce provided information to the Administration in
    support of the Administration's successful efforts to include a
    statement in the recent G7 communique opposing Russia's
    ``environmentally unsustainable and unfair trading practices regarding
    fish and seafood.''

        Question 9. Does the Department of Commerce see encouraging other
    G7 countries to impose similar sanctions as something that would be a
    priority under NOAA's National Seafood Strategy?

        Answer. The Department of Commerce recognizes the importance of
    working with our partners, including with the G7 countries, to achieve
    the goals of the National Seafood Strategy. One of those goals is to
    ``foster access to domestic and global markets for the U.S. seafood
    industry'' by promoting fair seafood trade through combating illegal,
    unreported, and unregulated (IUU) fishing and related harmful fishing
    practices along with unfair trade practices around the world and by
    expanding access to foreign markets for U.S. seafood. Advocating for
    the expansion of seafood import restrictions aligns with those goals.
    Unified and effective import restriction actions taken by the United
    States and its G7 allies are important to counter Russia's unfair trade
    practices and support the U.S. seafood industry.
        DOC's NOAA and ITA bureaus will work with the interagency to raise
    this issue with trade counterparts, as appropriate.
    ---------------------------------------------------------------------------
        \1\ http://www.fisheries.noaa.gov/s3/2023-08/2023-07-NOAAFisheries-
    Natl-Seafood-Strategy-final.pdf.
        \2\ https://www.fisheries.noaa.gov/grant/saltonstall-kennedy-grant-
    competition.
        \3\ https://techpartnerships.noaa.gov/sbir/about-sbir/.

                                     ______

                   Question Submitted by Senator Jerry Moran
        Question 1. We continue to have significant trade challenges with
    the PRC with regards to U.S. farmers losing market access and facing
    retaliatory actions aimed at our agricultural products. With American
    farmers being shut out of the Chinese market, there is a growing need
    to expand American agricultural exports to different markets.
        Fiscal year (FY) 2024 provided $3 million to support ITA's National
    and Regional Rural Export Centers, including $1.5 million specifically
    for the National Rural Export Center in Fargo, ND. This funding was
    provided to help rural businesses expand and grow in foreign markets.

        Question 1A. What is the Department and ITA doing to prioritize
    expanding international trade opportunities for rural businesses and US
    farmers? What is the Department doing to protect agricultural exports
    when the agricultural sector is too frequently the first to get hit by
    retaliatory tariffs from China?

        Answer 1A. The U.S. Department of Agriculture's Foreign Agriculture
    Service (FAS) is the primary U.S. Government agency supporting U.S.
    farmers exporting agricultural products. ITA's trade specialists
    regularly collaborate with FAS and are dedicated to enhancing the
    global competitiveness of U.S. companies that support the food and
    agriculture value chain, including farm equipment, machinery,
    restaurant equipment, and food packaging.
        ITA's U.S. & Foreign Commercial Service uses its presence in 127
    international and 106 domestic locations to help foster new business
    relationships and expand opportunities for U.S. companies through
    market intelligence and targeted trade promotion programming. In FY
    2024, ITA impacted $506 million in U.S. agribusiness trade and assisted
    over 2,300 U.S. clients to export to global markets through export
    counseling services, matchmaking services, and specialized virtual and
    in-person trade promotion programming. ITA regularly partners with
    private sector trade show organizers to support export programming for
    U.S. companies at many of the top agribusiness trade shows in the U.S.
    and around the world, such as the National Restaurant Show, Big Iron,
    PACK Expo (Packaging & Processing Association's event), International
    Production & Processing Expo (IPPE), Natural Products Expo West (NPEW),
    Nampo Harvest Day Expo (NAMPO), Expo Agro Futuro (agribusiness show in
    Colombia), and others.
        In FY 2023, ITA's commitment to the important work of the Rural
    Export Centers (REC) was underscored by establishing a full-time,
    dedicated National REC Director position to oversee, manage and grow
    the REC's work. Following designated appropriations in FY 2023, eight
    new regional RECs were created to complement the National REC in Fargo,
    ND, including: Upper Midwest REC (Fargo, ND); Ohio Valley REC
    (Louisville, KY); Southwest REC (Midland, TX ); Pacific Northwest REC
    (Boise, ID); Appalachian REC (Charleston, WV); Midwest REC (Des Moines,
    IA); Southern REC (Jackson, MS); and the West REC (Las Vegas, NV). The
    strategic placement of rural-focused Trade Specialists in existing U.S.
    Commercial Service Field Offices near large rural areas enables ITA to
    bring the full suite of customizable trade solutions and programs to
    reach more rural companies. The REC launched with four market research
    services and has continued to innovate and develop new products
    including due diligence reports, website globalization services,
    initial market viability checks, and export education webinars that
    ensure sustainable export growth for rural companies.
        ITA has previously raised agricultural market access issues with
    the Chinese government during high level bilateral talks, brought
    agribusiness companies on trade missions to help them enter/expand
    their business in the Chinese market, and was planning an agribusiness
    road show. These activities were halted in July 2018 when the previous
    Administration imposed tariffs on a wide range of Chinese products and
    China responded with retaliatory tariffs on American goods. The COVID-
    19 pandemic that started in late 2019 restricted the Commerce
    Department's activities and programs even further. ITA could consider
    doing a road show in the agribusiness sector in China in the future
    under the right circumstances.

        Question 1B. Can you please give us an update on ITA's plans for
    the Rural Export Center program, to include planned or completed
    outreach to relevant stakeholders?

        Answer 1B. ITA expanded its Rural Export Center (REC) initiative to
    a nation-wide program leveraging the model and successes established in
    Fargo, ND, with the original REC. Utilizing the $1.5 million included
    in the FY2023 appropriations bill provided to `support rural export
    centers,' Global Markets (GM) established eight (8) new Regional RECs
    across the United States. The eight Regional RECs and the National REC
    work in a collaborative fashion, including annual strategic planning
    meetings and bi-weekly coordination meetings, to ensure this national
    program delivers export promotion products and services to rural
    clients across the country. The National REC, located in Fargo, ND,
    specializes in conducting customized market research designed to guide
    rural U.S. companies toward the most opportune exporting markets. The
    eight Regional RECs conduct rural outreach in their respective
    territories to ensure that GM is reaching rural companies and educating
    them on the services and solutions of the Rural Export Center and the
    Commercial Service to help increase exports from rural America.
        For Regional REC location determinations, GM utilized key market
    parameters, such as rural population rankings, rural Salesforce data
    and export values within non-metro areas while capitalizing upon
    existing support capacity, such as collocation with existing U.S.
    Export Assistance Centers (USEAC) and rural stakeholder networks. The
    new regional RECs include the Upper Midwest REC (Fargo, ND, which is
    co-located with the National REC); Ohio Valley REC (Louisville, KY);
    Southwest REC (Midland, TX); Pacific Northwest REC (Boise, ID);
    Appalachian REC (Charleston, WV); Midwest REC (Des Moines, IA);
    Southern REC (Jackson, MS); and the West REC (Las Vegas, NV).
        ITA initiated rural stakeholder outreach through REC ribbon cutting
    ceremonies to emphasize our support to rural business communities and
    the cooperation across the Federal, state, and local trade ecosystems.
    The ribbon cutting ceremonies included more than 200 stakeholders and
    were held in partnership with local congressional offices and trade
    partners to amplify our collective resources for the benefit of rural
    exporters. ITA will continue to consult with District Export Councils,
    whose members include key rural stakeholders at each REC location, to
    help inform and guide the work of the RECs.
        The new national footprint of RECs has enabled ITA to reach and
    educate rural companies more broadly. In the first 6 months of FY 2024,
    the Regional RECs have worked as a coordinated national team to provide
    export counseling and promote REC services to over 635 companies. The
    Regional RECs and the National REC in Fargo are collaborating to
    implement an aligned strategy towards the cultivating, educating, and
    resourcing of more rural small businesses to support their success in
    reaching markets overseas.

        Question 2. Through export controls policy gaps and third-country
    circumvention, Russia continues to import the materials necessary to
    sustain their military operations in Ukraine. In addition, China
    continues to violate U.S. export control regulations as seen by the
    growing capabilities with the Semiconductor Manufacturing International
    Corporation (SMIC) and Huawei. These failures demonstrate the larger
    inability of the U.S. to restrict technology flow to bad actors.
    Commerce should take the necessary steps to sanction Huawei and SMIC
    and block all U.S. exports to those companies. Recently, your
    Department announced that it was ending licenses for two US companies
    to provide semiconductors to Huawei.
        Ending these licenses is a good start, but why did these licenses
    exist in the first place, and why does the Commerce Department
    continues to grant licenses that allows US tech to go to China? What
    can Commerce do to close the loop holes in our export control policies
    to stop the flow of technology into Russia?

        Answer. Both SMIC and Huawei are subject to additional export
    restrictions by virtue of their placement on the BIS Entity List. We
    continue to assess, in cooperation with our interagency partners, the
    licensing policies applicable to these entities.
        With respect to Russia controls, the Department of Commerce
    continually reviews and enhances our controls to ensure they advance
    U.S. national security and foreign policy objectives. In FY 2022, we
    published 8 regulations imposing export restrictions on Russia in
    response to its war against Ukraine and in FY 2023, we published an
    additional 15 regulations expanding the scope of these restrictions.
    Importantly, these controls are implemented in coordination with 38
    additional governments participating in the Global Export Controls
    Coalition (GECC), which enhances their effectiveness. In addition to
    controls on items subject to Commerce jurisdiction when destined to
    Russia or Belarus or to Russian or Belarusian military end users
    wherever located, including a wide range of foreign produced items made
    with U.S. software, technology, or production equipment, we have also
    leveraged the Entity List to restrict exports to entities supporting
    Russia's military or defense industrial base. There are currently over
    1,000 entities in Russia listed on the Entity List, including nearly
    700 added since the beginning of the Biden Administration. Over 250
    entities have been added in third countries related to Russia backfill
    or evasion activities, including over 80 entities in the People's
    Republic of China (PRC).
        Our export controls are frustrating Russia's military ambitions by
    increasing costs and delays and reducing equipment quality. Once a
    major arms exporter, Russia is increasingly unable to meet its
    heightened wartime demand in the face of shrinking supply. Based on our
    analysis of Russian economic data, Russia suffered a $5 billion gap in
    the critical items it likely sought and what it was able to import in
    2023, considering the increased costs it has been forced to pay and the
    amounts needed to sustain its long war across a 620-mile front. What
    Russia is obtaining is not cutting-edge, but commercial-grade EAR99
    items, many of which are no longer in production and have been in
    circulation in second-hand microelectronics markets outside the United
    States for years. Finally, Russia is paying more for what it does get.
    Based on the same analysis, Russia was forced to pay over 135% more on
    average for microchips after the invasion than it did in the preceding
    years, 320% more for advanced GECC-origin machine tools via the PRC and
    Tuerkiye, and over 210% more to smuggle critical U.S.-origin items
    through third countries.
        Russia is a determined adversary and relies on circumvention to
    obtain the items it needs through illicit trade networks, often
    established in ostensibly neutral jurisdictions. BIS will continue to
    list entities, engage with partner and fence-sitter governments, and
    engage with U.S. and foreign companies to identify and disrupt hidden
    Russian procurement networks.

        Question 3. For the past 2 years, Chinese solar companies have
    circumvented U.S. trade laws by exporting solar panels tariff-free
    through other Southeast Asian counties. As part of the current
    moratorium on tariffs, Commerce and CBP were supposed to ensure all
    panels that come in during the moratorium are ``utilized'' in a project
    by December of this year. We know there is now a glut of oversupply of
    cheap Chinese solar panels stockpiled in the U.S. that will have a
    devastating impact on investments we have made in our domestic solar
    manufacturing industry if Commerce does not enforce the utilization
    requirements that are part of the moratorium.
        How will Commerce track the utilization requirements that are
    outlined in the moratorium? If utilization requirements are not met,
    what is Commerce doing to ensure these Chinese panels are subject to
    tariffs? With a record number of new antidumping and countervailing
    duty investigations being filed, what is Commerce doing to ensure the
    office of Enforcement and Compliance has the expertise and staff to
    enforce our existing tariff laws are enforced?

        Answer. With respect to utilization requirements, importers are
    required to accurately certify to U.S. Customs and Border Protection
    that the imported solar cells and/or solar modules covered by
    Commerce's circumvention determination will be utilized and maintain
    sufficient documentation supporting the facts to which the importer
    certified. Parties that falsify such certifications will be in
    violation of U.S. law (including, but not limited to, 18 USC section
    1001) that imposes criminal sanctions on individuals who knowingly and
    willfully make materially false statements to the U.S. Government.
    Moreover, failure to substantiate the claims made in the certifications
    may result in the importer being required to post antidumping duty and
    countervailing duty cash deposits on the entries in question, and the
    importer being precluded from participating in the certification
    process. For additional information, please see Commerce's Solar
    Proclamation FAQ page.\1\
        The International Trade Administration's Enforcement and Compliance
    (E&C) unit is fully committed to our mission of defending U.S.
    industry, including the U.S. solar industry, against illicit trade
    practices like unfair pricing and government subsidies by administering
    U.S. trade remedy laws to ensure that domestic industries can compete
    on a level playing field.
        Just in the first 8 months of FY 2024, E&C has already initiated 91
    new AD/CVD investigations and is administering 690 AD/CVD orders--a
    record number. Based on current trends, we project that we will be
    enforcing nearly 850 AD/CVD orders by FY 2026. As you mentioned, our
    new initiations this year include antidumping and countervailing duty
    investigations on imports of solar cells and modules from Vietnam,
    Thailand, Malaysia, and Cambodia. We will release our preliminary
    determinations in these investigations later this year. E&C is nearly
    fully staffed under FY 2024 appropriations, but it is critical that E&C
    receive sufficient funding to continue vigorous enforcement of the U.S.
    trade laws as the volume of petitions and orders continues this record
    growth. We continue to train and deploy all available resources to
    defend U.S. industries and workers against foreign competitors'
    injurious and unfair trade practices.

        Question 4. The recent Commerce rule that limits the legal export
    of firearms and ammunition threatens U.S. jobs and small businesses.

        Question 4A. Do you share my concerns for the impact this rule
    could have on small businesses that have broken no laws?

        Answer 4A. The April 30, 2024, interim final rule ``Revision of
    Firearms License Requirements,'' 89 FR 34680 (``Firearms Rule''), makes
    changes to our licensing process for exports, reexports, and transfers
    of firearms and related items that are necessary to protect U.S.
    national security and further U.S. foreign policy.
        The Department identified instances in which lawfully exported
    firearms were diverted in a manner that threatens our national security
    and foreign policy objectives. In our own hemisphere, legally exported
    firearms have been diverted to malign actors that use them to create
    regional instability, traffic drugs, and abuse human rights. The
    Firearms Rule is tailored to identify and restrict exports of firearms
    and related items that threaten U.S. national security and foreign
    policy interests, while allowing exports of firearms and related items
    that don't threaten U.S. national security or foreign policy interests.
        The Firearms Rule is first and foremost focused on safeguarding
    U.S. national security and foreign policy interests. BIS carefully
    considered the economic impact of the rule, and as a result, the rule
    is tailored to identify and restrict firearms exports that threaten
    U.S. national security and foreign policy interests. BIS's intent is
    not to disrupt lawful commerce that is consistent with national
    security and foreign policy interests.

        Question 4B. What is the Department doing to ensure small and
    medium sized companies that are the backbone of U.S. manufacturing are
    not severely impacted by this unjustified exercise of regulatory
    authority? Do you share my concern that in the absence of access to
    U.S. made firearms and ammunition, demand will shift to our adversaries
    in Russia and China, who do not share our concern with denying access
    to bad actors?

        Answer 4B. See answer above.
        The Department has taken numerous, proactive steps to ensure that
    industry has clear guidance on compliance with the new requirements.
    These steps include posting a Frequently Asked Questions document on
    the BIS website, which will be updated as new common questions arise;
    the creation of a dedicated email inbox (nfpc_firearms@bis.doc.gov) to
    help quickly triage firearms-related questions; and participation in
    multiple industry events to describe technical changes and answer
    questions, including an overview briefing by Assistant Secretary for
    Export Administration Thea Kendler to an industry association event
    hosted by the National Shooting Sports Foundation (NSSF) soon after the
    release of the rule, a recording of which is publicly available.
        In addition to these new steps, BIS conducts normal engagement with
    exporters through email and phone assistance, as well as standard
    outreach materials describing updates to BIS's regulations prepared by
    BIS's Office of Exporter Services. BIS will continue to provide
    technical assistance to exporters on the firearms rule.
        BIS also sought public comments on the rule until July 1, 2024.
    Reviewing public comments is an important and valued part of the
    rulemaking process, and BIS will address concerns raised through
    dedicated outreach, issuing guidance, or updating the regulations as
    appropriate.
        With respect to potential Russian and Chinese backfill, the
    Department reiterates its commitment to combatting the diversion and
    misuse of US firearms by bad actors across the world, while allowing
    the export of firearms to end users who do not present national
    security or foreign policy risks. The Department will not engage in a
    race to the bottom with Russia and China to sell U.S. firearms to
    criminals and cartels.

        Question 5. I remain concerned about China's aggressive pursuit of
    trade deals around the world at our expense. As we sit on the
    sidelines, China offers other nations better market access for their
    products and continues to build up economic ties with critical
    partners.
        What is the Department and ITA doing to expand Commercial Services
    Offices around the world? Why is ITA's Global Markets business unit
    restructuring its global footprint to focus on the highest priority
    markets while China has commercial services representatives in nearly
    every country on Earth, the US is not even present in half?

        Answer. ITA has sought to expand its U.S. and Foreign Commercial
    Service presence overseas in both its FY 2023 and FY 2024 budget
    requests. In the 2024 President's Budget, the Department requested
    significant funding to increase the Global Markets presence to compete
    with China and other threats, particularly in Asia, the Middle East and
    Africa, and the Western Hemisphere.
        With FY 2023 appropriations, ITA's Global Markets was able to open
    three new offices: Cote D'Ivoire, Guyana, and Zambia. However, to
    effectively respond to the Fiscal Responsibility Act of 2023 and
    resulting budget levels for Fiscal Years 2024 and 2025, ITA must better
    allocate its scarce resources in a manner that gives meaningfully
    greater international coverage and places officers in critical markets
    that currently lack a Global Markets presence. To this end, within its
    FY 2025 budget request, ITA has requested funding that will allow the
    opening of one new overseas post consistent with the strategic goal to
    focus on markets around the world that have a high impact on out-
    competing China.
        Finally, ITA underscores that, given the dramatic difference
    between its presence and China's presence, it cannot approach matching
    China's presence without a fundamental re-envisioning of the resources
    appropriated to Global Markets. In the meantime, ITA will continue to
    be more strategic, in alignment with its interagency partners, in
    driving its presence in as many places in the world where it can make a
    difference for U.S. commercial and strategic interests.

        Question 6. Madam Secretary, at our recent hearing you stated that
    you had to make many difficult decisions in part to support our
    nation's weather satellite system. You have confirmed NOAA's GeoXO
    satellite architecture that is expected to increase the number of
    satellites in geosynchronous orbit from two to three and will include a
    suite of additional observations, with a life cycle cost of $20B.

        Question 6A. Given that only between 2-3% of observations data from
    GEO satellites are assimilated into numerical weather models, why is
    NOAA expanding the number and types of observations rather than
    expending resources to get more value out of existing observational
    data?

        Answer 6A. NOAA is focused on making best use of our existing
    observing systems while continuing to define and develop the integrated
    system that will be needed to meet NOAA and the Nation's needs in the
    future. The GeoXO satellites \2\ are being designed to provide higher
    resolution data more quickly to support NWS in tracking fast moving
    weather events.
        The primary use of GOES data by forecasters is for looking at image
    animations for ``nowcasting'' purposes and for the forecasters' ability
    to make decisions based on their inferences from the imagery (100
    percent of the imager data is used this way) of severe weather and
    environmental hazards rather than use in NWP. However, a relatively
    small percentage of GOES Advanced Baseline Imager (ABI) radiance data
    are directly assimilated into NWP models, and much larger fractions of
    ABI imagery are synthesized into high temporal and spatial (horizontal)
    winds maps that are assimilated into the forecast models.
        For the wildfire and smoke detection and monitoring, GOES
    observations provide critical inputs to the NWS operational air quality
    forecasting models, i.e., ignition detection as quickly as within 15
    minutes. Without GOES satellite data, the models are not capable of
    predicting smoke and ozone in such a short period of time, compared to
    the up to 12-hour delay from LEO satellite wildfire detection.
        In the GeoXO era, much more data will be ingested in NWP models.
    Technology insertion and innovation will make data from the GeoXO
    instruments more valuable to the NWP models and nowcasting (relative to
    data from the legacy missions). In addition, the GeoXO Hyperspectral
    Infrared Sounder (GXS) will have a few thousand spectral channels
    (versus the 16 spectral bands of GOES ABI) and will provide more
    vertical information, which the models will use via assimilation to
    improve forecasts.
        GXS data will also be used to retrieve temperature and water vapor
    vertical profiles, which are used to calculate atmospheric instability
    parameters. The GeoXO imager will be complemented by the GeoXO Sounder
    data, which will dramatically fill in the vertical distribution of the
    winds. This capability currently does not exist with the current GOES
    East and West satellites. Further, increasing fractions of the radiance
    data will be directly assimilated as model resolution increases, and as
    radiative transfer calculations, data quality control, and assimilation
    are accelerated through the application of artificial intelligence/
    machine learning (AI/ML).
        With respect to better data utilization, NOAA is incrementally
    implementing capabilities to increase utilization of satellite data for
    weather and environmental monitoring. These efforts include increasing
    its computing capacity using the cloud and access to partner servers,
    increasing use of AI/ML, and development of advanced data assimilation
    techniques. Many of these enhancements will be incorporated into the
    operational Advanced Weather Interactive Processing System (AWIPS) that
    weather forecasters at NWS use on a daily basis to process, display,
    and communicate meteorological data to make accurate weather
    predictions and dispense rapid warnings and advisories. The joint
    NESDIS/NWS AWIPS in the Cloud pilot initiative underway in FY24 will
    make available multiple satellite and visualization products to improve
    the local NWS forecaster's awareness of rapidly evolving weather and
    environmental conditions, significantly enhancing the productive use of
    geostationary, low earth orbit, and in situ data and model outputs.

        Question 6B. Furthermore, does NOAA have the compute capacity to
    extract value from the extended observations or are we just buying more
    data that is not used by our models?

        Answer 6B. Yes, we do and will be extracting great value from the
    additional observations. As advances in compute capacity occur, NOAA is
    continuously reviewing and adjusting its plans to make best use of
    existing and future sources of compute capacity, and to better manage
    the extensive and growing data resources. The GeoXO program is working
    on algorithms that will be used to develop products that deliver
    applications to users so that the data are available for use as soon as
    possible. National Environmental Satellite, Data, and Information
    Service (NESDIS) recognizes that value-add and specialized products
    will be developed by users to meet their individual needs. In the 2030s
    era, there will be IT innovations that will assist in data utilization
    of these data.
        The NOAA High Performance Computing and Communications Program
    manages NOAA's operational and research computing requirements and is
    constantly seeking additional sources to update and improve NOAA's
    ability to assimilate and process big data from a variety of sources.
    Recently, additional capabilities have been added with BIL/IRA funding,
    leveraged from partner agencies such as the Department of Energy, and
    from cloud sources. With the rapid IT changes and the need to maintain
    a cyber secure posture for these data, NOAA is constantly assessing the
    best and more affordable ways to maintain adequate compute capacity. In
    recent years, NOAA's Office of Chief Information Officer has been
    making NOAA satellite data available on the cloud, on a best-efforts
    basis.
        Simultaneously, NESDIS operates a scalable, flexible cloud platform
    that will scale to support all GeoXO processing needs, including
    operations and science, that is designed to be scaled with new data
    flows and larger data volumes. The NESDIS Common Cloud Framework (NCCF)
    will be expanded, tailored and tested ahead of GeoXO launch to ensure
    processing and distribution of extended observations meet NWS latency
    and availability requirements in the GeoXO era.
        In the GeoXO era, NOAA's plans are to use these capabilities and
    continue to access the best ways to provide data, products and services
    for operations and research use.

        Question 6C. The primary mission essential function for NOAA
    satellites is to support weather forecasts including severe weather
    watches and warnings that protect lives. Given this fact, why did you
    approve an architecture for GeoXO that includes a variety of
    instruments that go beyond this essential mission? Are there scientific
    requirements for these additional instruments (ocean color, lightning
    mapper and atmospheric composition) to be hosted in geosynchronous
    orbit? What is the additional cost to the program for adding these
    instruments and the corresponding mass and complexity that require a
    larger satellite bus?

        Answer 6C. NOAA's satellites and the architecture for GeoXO are
    firmly in alignment with the Department of Commerce's Primary Mission
    Essential Functions 2 and 3 \3\ to:

      --Provide Satellite Imagery: Collect and provide the Nation with
            critical intelligence data, imagery, and other essential
            information for predictive environmental and atmospheric
            modeling systems and space-based distress alert systems by
            operating NOAA controlled satellites, communications equipment,
            and associated systems; and
      --Provide Meteorological Forecasts: Provide the Nation with
            environmental forecasts, warnings, data, and expertise critical
            to public safety, disaster preparedness, all hazards response
            and recovery, the national transportation system, safe
            navigation, and the protection of the Nation's critical
            infrastructure and natural resources.

        NOAA's satellites provide foundational data and information
    services that support all of NOAA's Line Offices and programs to meet
    NOAA's mission to serve the public and sustain US economic growth:

      1.  To understand and predict changes in air quality, climate,
            weather, ocean and coasts;
      2.  To share that knowledge and information with others; and
      3.  To conserve and manage coastal and marine ecosystems and
            resources.

        The weather mission remains the top priority for NOAA's GeoXO
    program. Other priorities include fulfilling data needs of NMFS, NOS,
    and OAR. The decision how to satisfy these data needs is the result of
    an assessment of the validated requirements in the NOAA Consolidated
    User Requirements List (COURL). The Report on Requirements of NOAA's
    Next-Generation Satellites (2023) provides additional information on
    the satellite architecture for these systems.\4\
        The additional non-weather instruments for the GeoXO program are
    focused on services that the NWS and other Federal, state, and local
    agencies provide to the public:

      --An atmospheric composition (ACX) instrument is based on unfulfilled
            requirements and data requests from the NWS, the OAR, the EPA,
            and state and local environmental agencies for higher frequency
            and better characterization of poor air quality. The ACX
            instrument will also help refine air quality warnings and
            improve air quality forecasts.
      --An ocean color (OCX) instrument, awarded in May 2024, is being
            added to serve NOAA's mission for stewardship of the nation's
            coastal areas and fisheries, and will serve a wide range of
            applications across industry and government, from commercial to
            defense, that include: protecting people and food sources from
            harmful algae; improving efficiency in fishing and aquaculture
            operations; monitoring water quality for safety for swimming
            and contact with humans; monitoring ecosystem changes affected
            by offshore construction or climate change; assessing water
            clarity for U.S. Navy diving and anti-submarine warfare; and
            helping detect and track oil spills at sea. The geostationary
            orbit enables multiple observations per day, and, when needed,
            ``tasked'' observations in order to monitor phenomena with
            periodicity less than one day, such as diurnal and tidal
            changes, and to respond to fast-moving, episodic events like
            oil spills, storm runoff, and harmful algal blooms.

        The cost of the new ACX and OCX instruments, including spacecraft
    accommodation, data generation and distribution, and other costs, is
    approximately 10 percent of the GeoXO program's $19.6B life cycle cost.
        Omitting these instruments from the GeoXO mission would stall NOAA
    with dated technology for another two decades, limiting the quality and
    content of NOAA's air and water quality forecasts for decades.
    Excluding the ACX and OCX instruments diminishes U.S. leadership behind
    China, Europe and Japan.
        Comparing GEO to LEO doesn't seem responsive to the question, and
    doesn't appear to add any value in this response.

        Question 6D. Despite the FRA budget caps, NOAA appears to be
    pursuing the most expensive option to acquire data, including new
    desirements to expand NOAA's portfolio rather than fulfilling existing
    mission critical requirements. Rather than building expensive satellite
    buses in Geo, have you considered commercial platforms such as Blue
    Origin's Blue Ring that could host an imager? Why are you not pursuing
    commercial options that also offer in-space edge computing that could
    radically improve the ability for NOAA to extract more value out of its
    observations?

        Answer 6D. Acquiring data for the important weather and
    environmental data requirements requires an approach that will
    guarantee mission assurance and success.
        Forecasting severe weather events and providing the public the
    advanced warning to save themselves and their property is one of NOAA's
    highest priorities. Based on lessons learned from past experiences, DOC
    and NOAA, working with NASA and the Office of Management and Budget,
    have developed a cost effective and risk tolerant approach to
    developing GeoXO. NOAA anticipates approximately 80 percent of the
    GeoXO funding will be placed on commercial contracts to acquire
    instruments, launch vehicles, and mission support based on evidence
    that the proposed technology is proven and can deliver.
        NOAA did analyze the Blue Origin capabilities and determined that,
    at this time, it does not meet GeoXO's mission requirements.
        NOAA continues to explore emerging technologies to meet NOAA's
    mission needs. NESDIS Systems Architecture and Engineering (SAE)
    organization releases Requests for Information (RFIs) annually seeking
    input from the commercial sector on what assets or capabilities they
    have or project to have to meet NOAA's mission needs. These requests
    provide information on NOAA's mission and what we are specifically
    interested in, such as enhanced space weather observations or better
    ocean winds measurements, but we also allow vendor-proposed ideas to be
    submitted.

        Question 6E. One of the new ``extended'' instruments that NOAA just
    put under contract for $365 million is for atmospheric composition to
    improve air quality forecasting and monitoring. What's the requirement
    for this measurement to be made from geosynchronous orbit? What's the
    business case for moving ahead with this instrument when we are just
    beginning to get data from NASA's tempo mission that's making these
    measurements? Why not learn from NASA's effort before launching an
    expensive operational mission? Given that these observations are
    intended for human health protections rather than weather forecasts,
    why isn't the EPA responsible for funding this instrument?

        Answer 6E. Air pollution emissions and chemistry vary greatly
    throughout the day, requiring a GEO measurement to capture these
    changes. NOAA and stakeholders are already learning from NASA's TEMPO
    mission, which was launched in 2023, to evaluate the usefulness of its
    products and to develop new applications. TEMPO is a research mission
    with a lifetime of 20 months; it is not intended to provide a permanent
    operational capability. Utilizing lessons learned from TEMPO as a
    pathfinder, NOAA is developing the atmospheric composition instrument
    for inclusion in the GeoXO program. With the GeoXO program planned to
    provide GEO observations through 2055, it would be considerable time
    before the next opportunity to implement an operational GEO atmospheric
    composition instrument.
        NOAA and EPA have their respective roles and resources and operate
    according to the guidelines agreed to in the Memorandum of Agreement
    (MOA) that was signed in 2003 and has been renewed every 5 years since
    then. The MOA cements the long-standing partnership between NOAA, the
    EPA and state and local air quality management agencies. NOAA produces
    twice daily air quality forecast guidance and collects satellite
    observations to aid in these forecasts. EPA maintains emissions and
    ground-based monitoring data that inform NOAA's forecasts. State and
    local agencies, including over 360 cities and counties, issue air
    pollution alerts to their citizens based on NOAA's satellite imagery
    and forecasts. With GeoXO, NOAA will be able to provide better data to
    the EPA and to state and local agencies. Observing agencies like NOAA,
    NASA, and USGS provide satellite data and expertise, while receiving
    agencies like EPA supply the resources to train their people and to
    upgrade their operating systems and practices to incorporate the data.
    This cooperative relationship between the observing agencies and the
    implementation agencies is conducted within the US Group on Earth
    Observations (USGEO).

        Question 6F. Another instrument that you approved to be on the
    GeoXO is for ocean color, for which NOAA just announced cost-plus-award
    fee contract for $450 million. What's the scientific requirement to
    host ocean color in Geo? Why is NOAA creating an operational mission
    for ocean color given that the nation has been getting ocean color data
    from NASA assets for over 40 years and have never utilized that data
    for fisheries management, which is supposedly the business case for
    including ocean color on GeoXO? Have you considered getting ocean color
    remote sensing from assets in low earth orbit along with coastal drones
    given the temporal and spatial aspects that NOAA wants to measure?

        Answer 6F. The GeoXO instrument suite is designed to complement
    (not substitute) data that is provided by LEO satellites. GeoXO will
    provide more frequent data refresh over a 24-hour period versus the
    once-per day data refresh from LEO satellites. The US ocean color
    community, which includes users at Federal, State, Tribal levels,
    require the frequency and resolution of data that GeoXO's OCX will
    provide for various ocean and coastal management activities. OCX will
    be able to detect phytoplankton at the species level which will inform
    whether these are harmful species or beneficial species for the
    ecosystem. The use of ocean color data has a longstanding history in
    NOAA's mission, and using lessons learned from NASA and other partners,
    NOAA will move hyperspectral ocean color research into operations for
    the U.S. Exclusive Economic Zone and the U.S. Great Lakes. Commercial
    fisheries in the U.S. are valued at $260 billion and employ 1.7 million
    people. Observations from systems like GeoXO OCX allow environmental
    intelligence information for NOAA and its stakeholders since
    phytoplankton is at the base of the food chain that supports fisheries.
        NOAA Mission Requirement: NMFS, OAR, and NOS, have for decades
    documented uses for operational ocean color data and products. These
    uses include: observing ocean biology, chemistry and ecology;
    evaluating dynamic processes; and assessing ocean productivity,
    ecosystem change, coastal and inland water quality, seafood safety,
    harmful algal blooms (HABs), and land-based sources of pollution.
        The OCX will complement current optical imagers (like VIIRS and
    MODIS) in the spectral and spatial resolution needed to enhance NOAA's
    capabilities to meet documented requirements. NOAA is using the NASA
    PACE as a risk reduction mission, taking lessons learned from research-
    oriented ocean color satellites and putting them towards operational
    ocean color satellite missions in order to meet documented
    requirements. NOAA is also implementing direction in the Explanatory
    Statements of Public Law 117-328 (Consolidated Appropriations Act,
    2023) and Public Law 118-42 (Consolidated Appropriations Act, 2024) to
    coordinate GeoXO OCX development with NASA's GLIMR.
        Use of Ocean Color in Fisheries Management: Ocean color data has an
    extensive history of usage within fisheries management. NOAA Fisheries
    uses ocean color for stock assessments, particularly those at risk of
    mortality due to red tides, which increases the risk of overfishing
    after mass mortality events.
        Ocean color data are used to help managers identify areas of
    spatial and temporal overlap between managed species and commercial
    fisheries, and have been used to inform impact assessments for offshore
    wind energy development. NOAA Fisheries also use ocean color data in
    end-to-end ecosystem models (e.g. Atlantis, Ecopath), dynamic ocean
    management tools (e.g., EcoCast, WhaleWatch), big eye tuna forecasts,
    ecosystem overfishing assessments, the AMAPPS (protected species)
    model, the California-Harmful Algae Risk Mapping (C-HARM) Harmful Algal
    Bloom (HAB) domoic acid probability model, and research-track stock
    assessment models for North Pacific swordfish.
        Business Case.--Without the capabilities of OCX, NOAA will remain
    limited in the ability to provide trusted risk analysis and
    probabilistic estimates of transient events, which are manifesting with
    increased frequency under climate stress.
        From the NOS perspective, GeoXO's OCX will elevate ocean forecasts
    for authorized NOS activities, including harmful algal blooms (HABs),
    oil spills, pollution, etc., providing more timely information to our
    constituents. The GeoXO OCX instrument would be used to track transient
    features, like HABs, Sargassum, and oil, among others, on subdaily
    time-scales (every 2-3 hours), increasing the probability of capturing
    cloud and glint-free images that lead to data gaps.
        A geostationary configuration would generate a more complete short-
    term data record (baseline), which is required to generate product
    anomalies that provide early detection of changing conditions. The
    hyperspectral observations from OCX would help distinguish different
    types of algae and provide improved information on whether a bloom
    might likely be a toxin producer. This detailed information may reduce
    drinking water treatment costs, recreational exposure to toxins, and
    human illness.
        Use of LEO Assets and Drones.--The GeoXO instruments specifications
    were developed to respond to the user needs for hyperspectral, high-
    refresh ocean imagery that LEO satellites do not provide. Deployment of
    drones may be hindered by inclement weather at the surface of the Earth
    that satellites are not affected by. GEO ocean color data is projected
    to provide economic benefits far exceeding its cost by improving
    fisheries efficiency and productivity, reducing impacts due to harmful
    algal blooms, and improving monitoring and safety of drinking water.

        Question 7. Madam Secretary, the Department in its FY 2025 request
    is asking for $62.1 million in new funding related to artificial
    intelligence (AI). This includes new funding for BIS, NTIA, and NIST.
    As I mentioned at the hearing, given the FRA caps, I suspect we may be
    in a similar position as FY 2024 where we have to make difficult
    decisions to meet our allocations.

        Question 7A. Has Commerce conducted an assessment to determine if
    any of these AI requests would not duplicate AI efforts at NIST, other
    Commerce Departments, or elsewhere in the Federal government?

        Answer 7A. The Commerce Department is dedicated to the efficient
    use of taxpayer dollars, including avoiding the duplication of effort
    across the U.S. Government related to artificial intelligence (AI). The
    Department has actively participated in interagency coordination
    discussions, and internally, the Department holds regular cross-bureau
    convenings to coordinate AI programs and efforts. The Department's FY
    2025 budget request for AI efforts at NIST, BIS, and NTIA reflects that
    a variety of tools need to be deployed to meet the opportunities and
    challenges of AI. Requested funding would help Commerce to implement
    central components of the Administration's Executive Order 14110,
    ``Safe, Secure, and Trustworthy Development and Use of Artificial
    Intelligence'' and continue the critical work of the newly established
    U.S. AI Safety Institute (AISI), creating guidelines, tools, test
    environments, benchmarks, and best practices for AI evaluation and risk
    mitigation. Without the requested funding, the Department will not be
    able to meet the demands placed on its bureaus, including those focused
    on protecting against the national security risks of large language or
    frontier models through AISI. The requested funds would further support
    the Department's critical work to create a ``race to the top'' in AI
    safety, security, and trust; address AI-related threats to our national
    security; foster an innovative, competitive, and informed marketplace
    for AI; and examine ways to use AI for good to enhance the government's
    work. The Department's request spans multiple bureaus to ensure that we
    meet the Nation's, and the world's, needs for safe, secure, and
    trustworthy AI.

        Question 7B. Can you please provide more detail on what the
    Department means when it talks about, ``AI for Good''?

        Answer 7B. ``AI for good'' is intended to convey that the
    Department's work is not only focused on addressing and mitigating
    potentially negative implications of AI, like those associated with
    biological or cybersecurity risks and deep-fakes. The Department,
    including through NIST, also looks to further innovation in AI, and
    address technical barriers in the measurement science of AI systems to
    better understand their reliability, performance, usability, and other
    characteristics. The objective of this work is to enable companies and
    organizations to be confident in adopting and utilizing the
    technologies in the broadest array of potential applications. Like
    promote and protect strategies with other technologies, a significant
    portion of the Department's work is focused on promoting innovation,
    and the term ``good'' has become common shorthand to communicate this
    effort. The Department's FY 2025 budget request for new funding in AI
    would, in part, support Departmental efforts to ensure that AI is
    deployed responsibly and for the benefit of society.
    ---------------------------------------------------------------------------
        \1\ https://www.trade.gov/faq/expiration-presidential-proclamation-
    10414-solar-cells-cambodia-malaysia-thailand-and-vietnam.
        \2\ https://journals.ametsoc.org/view/journals/bams/105/3/BAMS-D-
    23-0048.1.xml.
        \3\ https://www.dhs.gov/sites/default/files/publications/
    list_of_validated_pmefs_by_depart
    ment_v2_fema.pdf.
        \4\ https://www.nesdis.noaa.gov/s3/2023-06/22-J-833-NOAA-NESDIS-
    User_Needs_Require
    ments_and_Lifecycle_Costs_REPORT.pdf.

                                     ______

                  Questions Submitted by Senator Bill Hagerty
        Question 1. The Department's Bureau of Industry and Security (BIS)
    published an Interim Final Rule (89 FR 34680) that effectively
    prohibits the export of most firearms, shotguns, optics, ammunition,
    and related parts and components to other countries.

        1A. Under the new rule, unless one of the four license exceptions
    apply, can an entity export low value shipments of spare parts under
    $500, temporarily export to a trade show, or return a firearm for
    repair to a foreign manufacturer without an export license?

        Answer 1A. The rules surrounding a specific export will depend on
    the item at issue, and several other factors. Certain spare parts for
    firearms and related items do not require an export license and may be
    exported without authorization. However, many firearms spare parts
    categorized under 0x5zz ECCNs are subject to a license requirement. For
    such parts, an EAR authorization is required to authorize all exports
    and reexports for these items, unless a license exception applies. This
    is standard practice across all BIS requirements; if a license is
    required, but the transaction does not meet the specifications of any
    particular license exception, a BIS license is required.

        1B. Under this new rule, would an export license be needed to ship
    a $2 replacement part to Austria or Switzerland?

        Answer 1B. See answer above. The regulations surrounding a specific
    license exception will depend on the item at issue. For example,
    certain parts, such as 0A501.x parts, would be eligible for export to
    Austria and Switzerland as Country Group A:5 countries under License
    Exception STA under section 740.20(c)(1), provided the export was not
    otherwise restricted under section 740.2 and the export met the
    applicable terms and conditions of License Exception STA under section
    740.20.

        Question 2. The International Traffic and Arms Regulations (ITAR)
    has always (and still does) include license exemptions for spare parts
    under $500, temporary imports/exports for repair, etc.

        2A. Does this new rule make the Export Administration Regulations
    (EAR) more restrictive than the ITAR, which focuses strictly on
    defense-related items?

        Answer 2A. BIS has determined that the changes described in its
    firearms rules will advance U.S. national security and foreign policy
    interests. As with all EAR controls, these changes are designed to be
    as targeted as possible to accomplish BIS's mission to protect the
    national security and foreign policy interests of the United States.

        2B. Won't this new provision result in thousands more export
    license applications, and what fiscal measures has BIS taken to account
    for this increased caseload?

        Answer 2B. As of September 2024, BIS has not seen a marked increase
    in license application submissions since the new rule was implemented
    on May 30.
        Moreover, several changes made in the IFR will improve efficiency
    and transparency in processing licenses or reduce license submissions.
    For example, prior to the rule, exporters to non-A:1 countries were not
    required to submit a purchase order with BIS license applications,
    unless requested during the course of BIS's review of a particular
    application. This practice meant that BIS processed and reviewed many
    applications that did not result in actual exports, thereby
    unnecessarily expending staffing resources. Likewise, the presumptions
    of denial for certain high-risk transactions are expected to result in
    a decrease of license applications for those destinations. Further,
    transparency with respect to destinations of concern helps promote
    predictable and timely review of license applications and will help
    industry and other stakeholders understand the licensing process. The
    rule will also allow BIS to focus time and resources on lower-risk
    applications, including applications to partners and allies and
    applications to government end users in all destinations.
        BIS will continue to monitor pending application totals and surge
    resources as appropriate to ensure timely review of applications.

        Question 3.

        3A. How will this new rule impact license processing times?

        Answer 3A. BIS processes firearms license applications in
    accordance with internal licensing guidelines, implementing
    regulations, and Executive Order 12981, which outlines interagency
    procedures and timelines for processing export license applications.
    These policies are applied consistently across all items under BIS's
    jurisdiction.
        BIS has not observed a delay in processing license applications for
    firearms and related items since the rule went into effect on May 30,
    2024. Applications for firearms and related items submitted since May
    30, 2024, currently have a median total processing time of 32 days,
    which is almost a week faster than the average processing time for all
    BIS licenses in 2023 of 38 days. Applications for end users in Country
    Group A:1 have been processed even faster, with a median processing
    time of 28 days.
        Several changes laid out in the Interim Final Rule (IFR) have made
    the review process more efficient. The new interagency working group
    established by the rule and chaired by the State Department will
    supplement the usual export licensing review process. BIS has found
    that other working groups, such as the one for dual-use items
    controlled for chemical and biological weapons reasons, allow licenses
    to be processed faster because the interagency is able to discuss
    concerns about an application and typically can come to an agreement
    without having to escalate to the operating committee. BIS expects that
    the interagency working group, which meets weekly, will similarly help
    to move firearms license applications efficiently.
        Likewise, transparency with respect to destinations of concern
    helps promote predictable and timely review of license applications and
    will help industry and other stakeholders understand the licensing
    process. The rule will also allow BIS to focus time and resources on
    lower-risk applications, including applications to partners and allies
    and applications to government end users in all destinations.
        BIS will continue to monitor pending application totals and surge
    resources as appropriate to ensure timely review of applications.

        3B. Under this new rule, how many export license applications does
    BIS plan to Return Without Action to license applicants?

        Answer 3B. Prior to the effective date of the Firearms Rule on May
    30, 2024, BIS identified a subset of pending license applications that
    were submitted prior to the release of the rule, and thus did not meet
    the new requirements outlined in the rule. BIS returned without action
    these pending license applications because they could not have been
    processed and approved in accordance with the new requirements.
    Exporters were notified if their applications were Returned Without
    Action and were provided with guidance on the new requirements and best
    practices for resubmitting applications. Applications may also be
    returned without action for other reasons, including informing the
    exporter that a license is not required or that a license exception may
    apply to their transaction.
        BIS will continue to provide technical assistance to exporters on
    the firearms rule to ensure industry has clear guidance on compliance
    with the new requirements.

        Question 4. Regarding the new licensing requirement for long-
    barreled shotguns and optics to all countries, and specifically to NATO
    and Wassenaar Participating Group A:1 partner countries:

        4A. Is it correct that these products have never required a license
    for export to NATO countries and in fact are not controlled on the
    Wassenaar Agreement Munitions List (WAML)?

        Answer 4A. The Firearms Rule added license requirements for certain
    items on the Commerce Control List when destined to countries and/or
    end users that previously did not require a license. For example, prior
    to the rule, shotguns were subject to different controls under ECCN
    0A502 based on the barrel length and particular end user (specifically,
    police or law enforcement). However, these items have long been subject
    to the Export Administration Regulations, and the changes made in the
    IFR ensure consistency in how those regulations are applied, as well as
    reflecting the significant relationship of diversion and misuse of
    firearms and related items to U.S. foreign policy and national security
    objectives.

        4B. If, under the new licensing requirement, U.S. exporters are
    waiting additional weeks or months for an approved license, can you
    assure the Committee that other countries that manufacture long
    barreled shotguns and optics, which includes China, won't fill this
    void, and if so, what measures has the Department taken to prevent
    this?

        Answer 4B. As noted above, BIS processes firearms license
    applications in accordance with internal licensing guidelines,
    implementing regulations, and Executive Order 12981, which outlines
    interagency procedures and timelines for processing export license
    applications. These policies are applied consistently across all items
    under BIS's jurisdiction.
        With respect to potential Chinese backfill, the Department
    reiterates its commitment to combatting the diversion and misuse of US
    firearms by bad actors across the world, while allowing the export of
    firearms to end users who do not present national security or foreign
    policy risks. We will not engage in a race to the bottom with China to
    sell firearms to criminals and cartels.

        4C. Considering that China is a major producer of firearm optics,
    what steps have you taken to prevent China from quickly exporting to
    foreign markets while U.S. exporters wait for licenses that have never
    been needed before?

        Answer 4C. The Firearms Rule is first and foremost focused on
    safeguarding U.S. national security and foreign policy interests. BIS
    carefully considered the economic impact of the rule, and as a result,
    the rule is tailored to identify and restrict firearms exports that
    threaten U.S. national security and foreign policy interests. BIS's
    intent is not to disrupt lawful commerce that is consistent with
    national security and foreign policy interests.
        With respect to firearms optics, such products have generally been
    subject to a license requirement for export to most destinations
    worldwide, and certain license exceptions remain available to export
    such optics to allies and partners, subject to certain conditions. In
    addition, BIS regularly reviews its rules and regulations to determine
    the effectiveness of its policies, including the impact of the policies
    on industry competitiveness. BIS will also continue to provide
    technical assistance to exporters on the firearms rule, and BIS has
    taken numerous, proactive steps to ensure that industry has clear
    guidance on compliance with the new requirements.

        Question 5. Given the delays that this new rule will create, U.S.
    optics manufacturers won't be able to provide timely deliveries and
    will suffer the probable loss of business of their commercial exports,
    including some of their government exports.

        5A. What steps have you taken to prevent such irreparable harm to
    U.S. exporters and manufacturers of these products?

        Answer 5A. The Department's actions are aimed at safeguarding U.S.
    national security and foreign policy interests. At the same time, the
    Department carefully considered the economic impact of the rule. As a
    result, the rule is tailored to identify and restrict firearm exports
    that threaten U.S. national security and foreign policy, while allowing
    exports of firearms that don't threaten national security.
        BIS has not observed a delay in processing license applications for
    firearms and related items since the rule went into effect on May 30,
    2024, including license applications for optics under ECCN 0A504.
    Applications for firearms and related items submitted since May 30,
    2024, currently have a median total processing time of 32 days, which
    is almost a week faster than the average processing time for all BIS
    licenses in 2023 of 38 days. Applications for end users in Country
    Group A:1 have been processed even faster, with a median processing
    time of 28 days.

        5B. Give that we trust our partner countries in NATO and Wassenaar,
    and particularly the UK and Australia under AUKUS, with the most
    sensitive military items, including 600-series military commodities,
    missile technology, chemical and biological weapons, why are we adding
    substantial new licensing burdens under this rule for items that are
    commercial in nature, of low technology, widely available and
    manufactured throughout the world, and not military?

        Answer 5B. Exports of sensitive items on the Commerce Control List
    (CCL) to our partners and allies, including in NATO and Wassenaar,
    remain subject to a range of licensing restrictions and/or restrictions
    on license exception availability. A license exception may authorize
    the export of 600-series items to certain NATO and Wassenaar partners,
    but generally only for ultimate end use by allied and partner
    governments, not for personal use or commercial resale. Missile
    technology requires a license to nearly all NATO and Wassenaar
    partners, with the limited exception of Australia, Canada, and the
    United Kingdom (UK). A license is required to all destinations
    worldwide, including Australia, Canada, and the UK, for Chemical
    Weapons Convention Schedule 1 chemicals, and a worldwide end-use
    control applies to chemical and biological weapons-related activities.
        As noted in the previous question, BIS has made several recent
    regulatory updates to facilitate secure trade with allies and partners.
    This general approach informed our firearms policy updates as well. A:1
    countries, including Australia and most NATO countries, are excluded
    from many of the new requirements in the Firearms Rule, such as the
    requirement to submit a purchase order, as well as a passport or
    national identity card for natural persons, with an application to
    export firearms or related items. Many of the other requirements in the
    rule were already in place for one of our closest trading partners,
    Canada.

        Question 6. The Interim Final Rule significantly reduces license
    validity from 4 years to 1 year.

        6A. What is the rationale for this reduction in the license
    validity period, particularly since no other items controlled on the
    Commerce Control List, except for items in Short Supply, are licensed
    with such a short validity?

        Answer 6A. Because national security and foreign policy
    considerations (including human rights-related considerations) in
    destinations abroad can change rapidly, the risks or potential benefits
    associated with certain transactions can be difficult to predict
    several years in advance. Limiting the length of the license validity
    period will lead to more frequent reviews of exports and thus enable
    BIS to account for developments and often fluid circumstances in
    destinations; doing so enables more precise and timely consideration of
    diversion risk and national security and foreign policy interests. A
    shortened validity period also reduces the risk of shipments on an
    expired import certificate, as well as the risk that BIS has to suspend
    or revoke a license based on rapidly developing national security and
    foreign policy concerns. Importantly, though, licenses extending beyond
    12 months for firearms and related items may still be granted in
    certain circumstances, such as transactions involving intra-company
    transfers of items (e.g., from a subsidiary to a parent company) or
    government contracts that require a period of performance longer than
    12 months.

        6B. Won't this impact the processing time to approve licenses,
    which will cause exporters delays that will likely result in cancelled
    orders?

        Answer 6B. As noted above, BIS processes firearms license
    applications in accordance with internal licensing guidelines,
    implementing regulations, and Executive Order 12981, which outlines
    interagency procedures and timelines for processing export licensing
    applications. BIS does not anticipate that the general reduction in
    validity period will impact the processing time for licenses.

        6C. Given that BIS is currently taking 1-2 months to process
    licenses and will now face a doubled caseload, won't this potentially
    make domestic products more unattractive to foreign buyers?

        Answer 6C. See answer above.

        6D. How many licenses does BIS currently have pending without
    action for Brazil?

        Answer 6D. When queried on July 3, 2024, BIS's export licensing
    database reflected 33 license applications pending for firearms
    destined to Brazil.

        6E. What is the longest time period that a firearms export license
    application has been pending without denial or approval?

        Answer 6E. As of July 4, 2024, the longest time a firearms export
    license application has been currently pending is 546 days, 455 days of
    which have been pending a response to a request for additional
    information from the applicant.

        Question 7. The 1 year license validity will at least double BIS's
    annual license caseload.
        7A. How does BIS plan to handle the additional annual license
    caseload resulting from the change to 1 year license validity?

        Answer 7A. See answer above.

        7B. Where does your budget account for this increased workload?

        Answer 7B. The Department does not expect to need additional
    funding to manage implementation of the new rule. As noted above, BIS
    anticipated an annual increase of 1,416 new license applications as a
    result of the changes made. However, BIS has not seen a marked increase
    in license application submissions since the new rule was implemented
    on May 30, and several changes made in the IFR, such as the creation of
    the interagency working group, will improve efficiency and transparency
    in processing licenses. BIS will continue to monitor pending
    application totals and surge resources as appropriate to ensure timely
    review of applications.

        Question 8. Section 505 of the FY2024 Commerce, Justice, Science,
    and Related Agencies appropriations bill (Public Law 118-42) explicitly
    prohibited BIS from re-organizing, yet according to BIS's website, BIS
    reorganized in blatant violation of law.

        8A. Why did BIS explicitly ignore a statutory requirement from
    Congress?

        Answer 8A. In July 2023, BIS transmitted to Congress a
    congressional notification package for a realignment of staff under
    Export Administration (EA), consistent with the Export Control Reform
    Act of 2018 (ECRA) and in accordance with Division B Commerce, Justice,
    Science and Related Agencies, Title V, General Provisions, Section 505
    of the Consolidated Appropriations Act, 2023 (Public Law 117-328). Both
    the House and the Senate approved this realignment of staff in October
    2023 and November 2023, respectively.

        8B. Will the newly established Human Rights and Embargoes Division
    be responsible for reviewing or adjudicating any export licenses
    related to firearms, ammunition, and related equipment? And if so, what
    specific countries or applications will fall under the Human Rights and
    Embargoes Division's responsibility?

        Answer 8B. Review and adjudication of export licenses related to
    firearms, ammunition, and related equipment has not been transferred to
    the newly renamed Human Rights and Embargoes Division (HRED) within the
    Office of Nonproliferation and Foreign Policy Controls (ONFPC). The
    longstanding division of responsibility for review of firearm and
    related items applications between NMT and HRED within ONFPC has
    remained in effect since the release of the Firearms rule.
        Since the transfer of certain firearms and related items from the
    State Department to Commerce in March 2020, license applications for
    firearms and related items have been largely managed by ONFPC's Nuclear
    and Missile Technology Controls Division (NMT). HRED has long reviewed
    a select subset of applications for certain firearms and related items
    depending on the item type, its corresponding reason for control, or
    specific destination.
        Specifically, ONFPC's HRED is responsible for reviewing license
    applications for items controlled for Crime Control reasons. Prior to
    the rule's release, HRED reviewed license applications for 0A502
    (shotguns) and 0A504 (optical sighting devices) items to any
    destination since these items were already controlled for Crime Control
    reasons. Since Russia's invasion of Ukraine, with additional staff
    hired under a supplemental budget allocation authorized by Congress,
    HRED has also been responsible for the licensing of small arms and
    ammunition exports to Ukraine with technical assistance from NMT. After
    the rule's release, HRED continued to review applications for 0A502 and
    0A504 items, as well as any other firearm or related item when destined
    to Ukraine. Additionally, given HRED's foreign policy expertise and
    experience in managing applications for firearms items destined to
    Ukraine, HRED also began managing applications for any firearms items
    destined to Israel beginning in October 2023.
        NMT may, if needed, staff select other firearms license
    applications to HRED licensing officers for initial review and
    processing if additional capacity is needed to help reduce a larger
    than average queue of pending license applications and ensure timely
    processing. However, NMT maintains final countersign authority for any
    firearms license application staffed to HRED for initial processing.
    Since May 2024 when the rule went into effect, NMT has staffed only 34
    license applications (out of over 2300 received as of October 15) to
    HRED in order to ensure continued timely processing. HRED performed
    limited processing and review activities for these 34 applications to
    help address a temporary surge in the volume of applications received
    by ONFPC, and to address temporary staffing shortages during periods in
    which NMT licensing officers were on leave. NMT maintained countersign
    authority for these applications.

                                     ______

                   Questions Submitted by Senator Katie Britt
        Question 1. Following the imposition of Section 232 tariffs,
    foreign industries have increasingly pushed excess steel production
    into downstream derivative products that can be shipped to the United
    States without paying Section 232 duties. China in particular has used
    its massive steel overcapacity to ramp up the production and export of
    downstream products. One example is fabricated structural steel, where
    imports have increased by around 86% by volume and more than 100% by
    value since the Section 232 measures went into effect. Domestic steel
    mill shipments of products like beams have fallen as a result. I
    understand that a number of American steel companies have requested
    that the Commerce Department recommend that the Section 232 measures on
    steel be adjusted to include imports of fabricated structural steel as
    a derivative product. Do you have any updates with respect to the
    timing of the Department's response to this request?

        Answer. The Department is committed to ensuring a level playing
    field that enables domestic workers and manufacturers to compete
    effectively with unfair trade practices by foreign competitors. The
    Department is further dedicated to contesting efforts to hinder or
    circumvent the efficacy of existing trade remedies, National security
    actions such as the Section 232 Duties, were implemented to resist such
    activities which threatened to impair the national security of the
    United States.
        The Department is aware of the concerns raised by domestic industry
    regarding imports of certain derivative products of steel, including
    fabricated structural steel. The Department takes these matters
    seriously and, in cooperation with our interagency partners,
    continuously monitors the effect of such imports in the context of the
    national security objectives of Section 232. The Department will
    consider appropriate action as needed to uphold these goals if such
    imports are found to be occurring in such quantities or under such
    circumstances as to threaten the national security of the United
    States, potentially up to and including a recommendation for action by
    the President.

        Question 2. Since 2002, Commerce has recognized Vietnam's non-
    market economy (NME) status, which applies to countries like Vietnam
    that do not operate on free market principles. Has the Department
    considered how treating Vietnam as a market economy under U.S.
    antidumping laws would weaken the ability to enforce U.S. trade laws
    and allow Vietnam to become a conduit for non-market distortions to
    flow into the U.S. economy? Please describe the impacts the Department
    anticipates in the U.S. economy if Vietnam were designated as a market
    economy. Please specifically include which domestic industries the
    Department believes would be harmed due to a change in Vietnam's market
    status.

        How has the market economy status issue factored into other US-
    Vietnam negotiations or your other discussions with Vietnamese
    counterparts?

        Answer. Commerce's October 24, 2023, announcement initiating the
    review of Vietnam's NME status was made after careful consideration of
    the information available, including the official request from the
    Government of Vietnam (GOVN) and comments from the domestic industry.
    This was not a discretionary choice--Commerce initiated because, by
    statute, GOVN's request met the legal threshold to initiate this type
    of review; however, the fact that Commerce initiated does not pre-
    determine the outcome of the NME review. To the contrary, following the
    initiation of a non-market economy review, by law, Commerce is required
    to conduct a fact-intensive analysis of six statutory factors to
    determine the extent of government involvement in the economy,
    resulting in non-market activity. As part of this process, we do
    consider comments from relevant stakeholders, including U.S.
    businesses. At the request of interested parties, Commerce held a
    public hearing on May 8. Parties presented information both opposing
    and supporting Vietnam obtaining market economy status, based on
    material already included in their comments. The hearing was widely
    attended by U.S. domestic industries as well as the GOVN. Commerce is
    carefully considering all comments prior to issuing its final results,
    which we anticipate we will be releasing at the end of July.

        Question 3. China has been engaging in a campaign of surveillance
    of the United States and its critical infrastructure. Chinese LIDAR
    sensors have the ability to collect a vast amount of information on
    U.S. critical infrastructure, geography, and human behaviors. Chinese
    LIDAR companies have flooded the U.S. market with low-cost, heavily
    subsidized Chinese LIDAR targeting state and local governments for the
    installation at intersection, airports, ports, and bridges.
        China is using the same LIDAR sensors to enable autonomous tanks in
    China, and there is also evidence of Chinese LIDAR sensors have been
    deployed on Chinese police patrol vehicles and surveillance systems
    within China, including in Xinjiang province where egregious human
    rights abuses are being deployed against the Uyghur population.
        The U.S. Department of Defense (DoD) recently designated the
    largest Chinese LIDAR manufacturer, Hesai Technology Co., Ltd. (Hesai),
    as a ``Chinese military company'' that is ``operating directly or
    indirectly in the United States'' under the 1260H Chinese Military and
    Military-Civil Fusion Companies List. This DoD designation follows
    Hesai publicly disclosing that ``The PRC government has significant
    authority in regulating our operations and may influence or intervene
    in our operations at any time''.

        Given the national security risks associated with Chinese LIDAR
    sensor technology, particularly its use near critical infrastructure,
    will the Department of Commerce add Chinese LIDAR companies to the
    Entities List to cut off their access to U.S. technology?

        Answer. The U.S. export control system has long recognized the
    importance of LIDAR technologies to our national security and foreign
    policy. The Department of State's U.S. Munitions List restricts the
    export of LIDAR specially designed for a military end user, and the
    Department of Commerce's Commerce Control List (CCL) includes export
    controls on certain types of multilaterally-controlled, dual-use LIDAR
    that can be important for military applications. These types of LIDAR
    technologies are controlled to all persons in the People's Republic of
    China (PRC). Additionally, certain lasers that fall below multilateral
    control thresholds are subject to restrictions when intended for
    export, reexport, or transfer (in-country) to military end users or for
    a military end use in the PRC.
        Outside the export controls context, BIS is responsible for
    exercising the authorities delegated to the Secretary of Commerce in
    Executive Order 13873, ``Securing the Information and Communications
    Technology and Services Supply Chain.'' The implementing regulations in
    15 CFR Part 791 set forth procedures for investigating and determining
    whether an information and communications technology or service (ICTS)
    transaction involving a person owned by, controlled by, or subject to
    the jurisdiction or direction of a foreign adversary:

      1.  poses an undue risk of sabotage to or subversion of the design,
            integrity, manufacturing, production, distribution,
            installation, operation, or maintenance of information and
            communications technology or services in the United States;
      2.  poses an undue risk of catastrophic effects on the security or
            resiliency of United States critical infrastructure or the
            digital economy of the United States; or
      3.  otherwise poses an unacceptable risk to the national security of
            the United States or the security and safety of United States
            persons.

        If an investigation finds that a transaction poses an undue or
    unacceptable risk, the E.O. and implementing regulations provide a
    process whereby the Department can issue a determination to prohibit or
    mitigate the risk posed by the relevant ICTS transaction.
        The Bureau cannot comment on deliberations by the interagency End-
    User Review Committee (ERC), including whether entities involved in
    specific industry sectors may be subject to review, or confirm whether
    ICTS investigations have been opened into certain manufacturers,
    including in the LIDAR manufacturing sector. However, as demonstrated
    by the U.S. Government's controls on advanced LIDAR systems to date,
    and our ongoing assessment of U.S. national security and foreign policy
    concerns related to transactions with entities with a nexus to the PRC,
    please be assured that this issue is one that the Department is closely
    monitoring. We will continue to act in close coordination with
    interagency partners, including the intelligence community, to ensure
    our tools are sufficiently robust to advance the national security and
    foreign policy objectives of the United States, and coordinate with
    allies when possible.

        Question 4. Huawei has reportedly, in partnership with SMIC,
    fabricated 7 nanometer artificial intelligence chips that perform
    better than previously believed possible. These entities are also
    reportedly able to produce these chips at scale.

        Question 4A. These companies are on the entity list, and the Biden
    Administration has stated that its export controls plan on stopping
    China from developing AI at this advanced level. Are there any policies
    the Department would change in retrospect, enact sooner, or not enact
    to make this AI development in China harder?

        Answer 4A. The Entity List is one tool BIS may leverage to restrict
    access to technology subject to Commerce jurisdiction by entities
    acting contrary to U.S. national security and foreign policy interests.
    While BIS has listed a number of People's Republic of China (PRC)
    entities involved in the development of advanced computing integrated
    circuits on the Entity List, it has also taken a broader approach to
    limiting the PRC's access to advanced AI capabilities. In October 2022,
    BIS imposed country-wide controls on certain advanced computing
    integrated circuits, which can enhance supercomputing and AI
    capabilities, to all end users in the PRC. These systems are being used
    by the PRC for its military modernization and surveillance activities.
    In October 2023, BIS broadened the scope of these controls to apply to
    over 40 additional countries to address transshipment and diversion
    risk, as well as access to datacenters with advanced chips. The
    controls likewise restrict access by companies headquartered in, or
    whose ultimate parent company is headquartered in, Macau or a country
    subject to a U.S. arms embargo, including the PRC. BIS continually
    evaluates the effectiveness of these controls and adjusts the controls
    as necessary to ensure they advance U.S. national security and foreign
    policy objectives.

        Question 4B. Huawei's sales are approaching $100 billion. Has the
    Department reviewed its policies such as export licenses that seemed to
    have contributed to this feat?

        Answer 4B. Huawei and its non-U.S. affiliates have been listed on
    the BIS Entity List since May 2019, and BIS has updated the Entity List
    by adding additional non-U.S. Huawei affiliates as appropriate. Huawei
    is subject to a license requirement for all items subject to BIS
    jurisdiction, which includes certain foreign-produced items that are
    made with certain technology or software subject to BIS jurisdiction,
    or production equipment that is itself the direct product of U.S.-
    origin technology or software subject to BIS jurisdiction.
        BIS, in collaboration with its partners from the Departments of
    Defense, State, and Energy, continues to assess the existing licensing
    policy for applications involving Huawei. Established by the prior
    Administration in 2019, the applicable licensing policy provides for a
    case-by-case review of applications for the export of items that
    support technologies below the 5G-level, and a presumption of denial
    for all other items.
        Information in connection with any potential specific licenses or
    license applications for items under Commerce jurisdiction is
    prohibited from disclosure pursuant to section 1761(h) of the Export
    Control Reform Act of 2018 (50 U.S.C. 4820(h)) absent a written request
    on letterhead of a chair or ranking member of a Congressional committee
    or subcommittee of appropriate jurisdiction.

        Question 4C. The press just recently reported that BIS is
    considering adding companies to the entity list in response to Huawei's
    recent breakthroughs. Yet the whack-a-mole approach has not
    demonstrated results, as shown by Huawei's own resilience. What other
    strategies and policies can be used to maintain US competitive
    advantages in this space? What policies does the Department believe it
    should revisit given recent failures?

        Answer 4C. As outlined above, BIS has taken a comprehensive
    approach to restricting the People's Republic of China's (PRC) access
    to advanced computing integrated circuits and the equipment required to
    produce them, which the PRC uses to support its military modernization
    and surveillance activities contrary to U.S. national security and
    foreign policy interests. Use of the Entity List to restrict exports to
    entities involved in the production of advanced chips is just one
    aspect of this strategy. Additional steps BIS has taken include
    countrywide controls on advanced chips and related manufacturing
    equipment to the PRC, controls on third countries and PRC headquartered
    firms operating outside the PRC to address diversion and datacenter
    access, expanded jurisdiction over foreign produced items based on U.S.
    software, technology, or production equipment when destined to the PRC,
    and restrictions on activities of U.S. persons in servicing
    semiconductor production equipment for advanced node semiconductor
    production in the PRC.
        In addition, BIS assesses that Huawei's attempts to produce
    advanced-node integrated circuits demonstrate the strengths, not
    failures, of the Department's strategy. Open-source reporting indicates
    that Huawei's lack of access to advanced equipment is forcing it to
    rely on costly and inefficient fabrication techniques, which lack the
    precision required to produce the most advanced chips at scale. We
    assess that Huawei's efforts to operationalize these techniques,
    despite their shortcomings, demonstrate Huawei's resilience and
    determination and the large amounts of resources the PRC government is
    willing to dedicate to overcoming our controls. But these efforts do
    not lead towards the conclusion that the Department's approach is not
    working. As BIS does with all its policies, we continually assess the
    effectiveness of our controls and make adjustments as necessary.

        Question 5A. How many BIS licenses were approved for companies who
    wanted to do business with entities on the Department of Defense's
    1260H list of Chinese Military Companies or Treasury's Chinese Military
    Industrial Complex (NS-CMIS) list?

        Answer 5A. Under section 1761(h)(1)(B) of the Export Control Reform
    Act of 2018 (50 U.S.C. 4820(h)(1)(B)), information obtained in
    connection with licenses and license applications for exports of items
    under Commerce jurisdiction is prohibited from disclosure by BIS absent
    a written request on letterhead of a chair or ranking member of a
    Congressional committee or subcommittee of appropriate jurisdiction.
        It is important to note that different agencies have different
    authorities subject to different regulatory standards that can be
    applied in a variety of circumstances to address particular conduct.
    BIS engages with other agencies as appropriate to coordinate on
    measures to protect U.S. national security and foreign policy
    interests. As a consequence, different lists may have different firms,
    individuals, or other entities. However, when an entity meets the
    regulatory standard for addition to two or more lists administered by
    different agencies, we strive to harmonize listings to the extent
    possible. For example, in the Russia sanctions context, many entities
    have been designated by Treasury pursuant to Executive Order 14024,
    Blocking Property With Respect To Specified Harmful Foreign Activities
    of the Government of the Russian Federation, and were also added to the
    BIS Entity List.
        Under the Export Administration Regulations (EAR), all additions to
    the Entity List require a majority vote of the End-User Review
    Committee (ERC), which is chaired by Commerce, with representation from
    the Departments of State, Defense, and Energy. 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, along with those acting on behalf of such persons.
        While Treasury is not formally part of the export control
    ``interagency'' as outlined in Executive Order 12981, which sets forth
    the process for interagency review and dispute resolution of export
    license applications, under BIS's current leadership we have engaged
    regularly with our colleagues at Treasury to include discussions on the
    Specially Designated Nationals List and Entity List actions and to
    coordinate and discuss other matters of shared interest, and those
    conversations will continue.
        In addition, in certain instances described in 15 C.F.R. 744.8, the
    EAR apply restrictions on exports, reexports and transfers (in-country)
    involving persons designated pursuant to certain Executive Orders
    administered by the Department of the Treasury as well as pursuant to
    select sanctions statutes. In these instances, when a person is
    identified and sanctioned pursuant to a particular authority, BIS
    imposes license requirements.

        Question 5B. Has BIS reviewed all companies on the 1260H and CMIC
    list to determine whether those companies met the regulatory
    requirements for inclusion on the entity list? Please provide a
    description and result of the determination.

        Answer 5B. BIS regularly reviews parties on other U.S. Government
    lists, including those maintained by the Departments of Defense, State,
    and Treasury. A number of entities on the 1260H list and CMIC list (or
    certain subsidiaries and affiliates thereof) have already been included
    on the Entity List based on a finding that such entities are acting
    contrary to U.S. national security or foreign policy interests. For
    example, People's Republic of China (PRC) entities such as
    Semiconductor Manufacturing International Corporation (SMIC) and
    Dawning Information Industry Co., Ltd. (Sugon) appear on the Entity
    List, the 1260H list, and the CMIC List because they meet the criteria
    for designation on all three lists and the restrictions imposed by each
    list have been determined to be impactful by the respective agencies
    who administer each list.
        The U.S. Government has a number of list-based tools to restrict
    the activities of individuals and entities to protect U.S. national
    security or foreign policy interests. These list-based tools allow the
    United States to calibrate economic pressure and promote deterrence,
    while mitigating unintended economic effects on the United States and
    our partners and allies. For example, in certain circumstances, Export
    Administration Regulations' (EAR) restrictions may have little
    deterrent effect on a particular target that is not reliant on items
    subject to the EAR . In such circumstances, the CMIC List's
    restrictions on access to U.S. capital markets may have greater
    deterrent effect.
        Although BIS administers and enforces the Entity List, BIS is not
    the sole agency that determines whether these companies would meet the
    requirements for inclusion on the Entity List. Specifically, under the
    EAR, the End-User Review Committee (ERC) makes all determinations for
    additions to, modifications of, or removals from the Entity List.
    Additions to the Entity List require a majority vote of the ERC, which
    is chaired by Commerce, with representation from the Departments of
    Defense, Energy, and State. 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. Any member
    of the ERC may make nominations for the addition of entities to the
    Entity List and Military End User (MEU) List.
        Where appropriate, BIS has taken action to impose EAR-based
    restrictions on entities designated on other U.S. Government lists. For
    example, on March 20, 2024, BIS released a final rule revising 15
    C.F.R. 744.8 to implement EAR license requirements for all items
    subject to the EAR for all persons blocked under eleven Office of
    Foreign Assets Control (OFAC)-administered sanctions programs after an
    extensive review of categories of end users and global activities that
    implicate both financial and export control concerns. BIS will also
    continue to apply long-standing license requirements involving all
    items subject to the EAR in connection with persons sanctioned under
    three other OFAC-administered sanctions programs. The EAR restrictions
    in 15 C.F.R. 744.8 involving these fourteen OFAC-administered sanctions
    programs serve as a force multiplier and complement OFAC's blocking
    sanctions, which prohibit all transactions by U.S. persons, as well as
    by non-U.S. persons if there is a U.S. nexus, that involve any property
    or interests in property of designated or blocked persons, unless
    authorized by a general or specific license issued by OFAC, or exempt.

        Question 6. To date, the CHIPS Programing Office has announced
    grant funding to seven major semiconductor manufacturers (Samsung
    Electronics, TSMC, Intel, GlobalFoundries, Microchip Technologies, BAE
    Systems, Micron, and Polar Semiconductor) totaling nearly $30 billion.
    However, no supply chain projects have been awarded funding.

        Question 6A. Additional announcements on CHIPS funding are
    forthcoming. However, it remains unclear how much of the $39 billion in
    semiconductor incentives is being made available under Notice of
    Funding Opportunity (NOFO) #1 and how much will remain for materials
    and equipment suppliers eligible under NOFO #2. What is your best
    estimate for how much funding might remain for the upstream supply
    chain?

        Answer 6A. Background Response.--On June 26, 2024, the CHIPS
    Program Office announced that it signed a non-binding preliminary
    memorandum of terms for up to $75 million proposed Federal incentives
    with Entegris, a Colorado company that is a key supplier of advanced
    materials and process solutions for leading edge semiconductor fabs in
    the US. We are currently negotiating potential preliminary memoranda of
    terms with additional large semiconductor supply chain projects. In
    addition, the second NOFO, dedicated to small supply chain projects,
    received over 165 concept plans, and 53 applications were invited to
    the full application stage.
        Response.--The Department will support the upstream supply chain
    both through NOFO #1 and NOFO #2. The Department is currently reviewing
    applications for large supply chain projects with capital expenditures
    greater than $300M or those that manufacture wafers under NOFO 1. Under
    NOFO 1, the Department has signed one non-binding PMT and CPO is
    currently negotiating potential preliminary memorandum of terms with
    additional large semiconductor supply chain projects. Further, the
    Department has reserved up to $500M for NOFO #2 where it received over
    165 concept plans and invited 53 applications to the full application
    stage.

        Question 6B. Considering increased demand for materials and
    equipment essential for the construction of new fabs, what is the
    Commerce Department's timeline for announcing CHIPS awards for supply
    chain projects?

        Answer 6B. CPO received full applications for the Small-Scale
    Supplier NOFO through July 3, 2024. The application review process will
    consist of a review for eligibility and completeness, a comprehensive
    merit review based on evaluation criteria, and the application of one
    or more selection factors used to determine whether to recommend an
    application for award. CPO will continue to make announcements of PMTs
    for other applicants over the coming months. Each PMT will be
    different--a representation of the innovative approach our team has
    been taking to ensure that each project will be successful. See 6A
    Background Response for additional context.

        Question 6C. As the CHIPS Programming Office reviews applications
    from supply chain projects, what consideration is being given to the
    direct funding cap and tax credit ineligibility to help guarantee that
    critical investments in semiconductor materials and equipment are, in
    fact, made here in the U.S., as opposed to overseas?

        Answer 6C. For each application received the Department evaluates
    all funding sources available to applicants. The Department has worked
    closely with the Treasury Department to understand the Investment Tax
    Credit (ITC) eligibility as part of understanding the applicants'
    funding needs. As mentioned in the answers above, the Department is
    evaluating upstream projects through both NOFO #1 and #2. The
    Department is evaluating a number of large supply chain projects under
    NOFO #1 and has reserved funds for small suppliers through NOFO #2.

        Question 7. In FY24 QFRs, the Department was asked about the
    results the Department expected to see in the next year, 2 years, and 5
    years from the BEAD program as well as the benchmarks, metrics, or key
    performance indicators that would be used to evaluate the program. In
    part, the Department responded ``NTIA has established robust financial
    and program progress reporting mandates that are aligned to the
    programmatic objectives and intended outputs and outcomes of each
    discrete program. These initiatives will ensure reporting that tracks,
    monitors, and collects data on project performance and results.'' The
    response, while true, missed the intent of the QFRs. The intent was to
    understand by what metrics the Department would know if the BEAD
    program had actually been successful and to ensure the metrics judging
    performance were chosen before implementation, not manufactured after
    BEAD money had already flown through implementation. The following
    questions reiterate more plainly the intent to understand what metrics
    are used to judge success and what are the desired changes in those
    metrics. The last question also asks about cost effectiveness in
    metrics.

        Question 7A. Which specific metrics is the Department using to
    judge the program's success? Please be as specific as possible. These
    metrics should include both program administration and outcomes for
    U.S. citizens.

        Answer 7A. The National Telecommunications and Information
    Administration (NTIA) will measure and evaluate the Broadband Equity,
    Access, and Deployment (BEAD) Program's success through the outcome of
    subgrants awarded to states and territories to build broadband
    infrastructure. The most critical key performance indicator (KPI) will
    be the BEAD Program's ability to ensure all American households have
    access to reliable and affordable high-speed Internet. This KPI will
    account for the number of unserved and underserved locations that are
    served with broadband.

        Question 7B. What changes in those performance metrics between the
    status quo and different program milestones (year 1, 3, and 5 for
    example) will the Department view as a success? What changes in those
    metrics would the Department see as positive but insufficient to be
    called a success?

        Answer 7B. Consistent with the Infrastructure Investment and Jobs
    Act, NTIA designed the BEAD Program to connect everyone in America to
    affordable, reliable, high-speed Internet service. As Eligible Entities
    and NTIA work to achieve that goal, NTIA has been and will continue to
    track different performance metrics pertaining to each phase in the
    BEAD Program implementation process. For example, in years 1-2 of the
    BEAD Program, Eligible Entities' milestones included applying for and
    receiving Initial Planning funds to support building out their State
    Broadband Office (SBO) capabilities, community engagement activities to
    support the development of their BEAD Program Five-Year Action Plan,
    and development (including public comment posting) of their Initial
    Proposal.
        Once an Eligible Entity's Initial Proposal is approved, the next
    set of BEAD Program milestones include the Eligible Entity's execution
    of the Challenge Process and subgrantee selection process, which all
    culminate in the submission of the Final Proposal (year 3). Following
    NTIA's approval of an Eligible Entity's Final Proposal, the Eligible
    Entity will receive funds to begin funding BEAD Program projects. For
    this period, key Eligible Entity milestones include formally awarding
    subgrants and initiation of BEAD Program funded infrastructure
    projects.
        As projects are implemented, key project implementation milestones
    include environmental and historic preservation (EHP) clearance and
    permitting approvals (generally within year 3-4 of BEAD Program
    implementation) and construction (generally within years 4-6 of BEAD
    Program implementation). During this phase, BEAD Program subgrantees
    will deploy service on a rolling basis as they build infrastructure. At
    this point, NTIA will track ``locations passed'' with infrastructure
    and ``locations served,'' the latter of which indicates service is
    available for the location to subscribe to.
        The goal of the BEAD Program is to connect everyone in America to
    affordable, reliable, high-speed Internet service. Each newly connected
    household and business is an important intermediate milestone toward
    that goal. NTIA is working closely with the Eligible Entities and
    Federal partners that fund broadband infrastructure to maximize the
    reach of BEAD Program funds and achieve universal connectivity. Every
    milestone that moves the process forward in expanding affordable and
    reliable high-speed Internet is a positive step to providing American
    households with access to technologies essential to connect with their
    communities, their democracy, and one another.

        Question 7C. Does the Department have any metrics attached to
    dollars spent (such as a ``unit x per dollar spent'') in it's metrics?
    Which ones?

        Answer 7C. The Department does not have BEAD Program-specific
    metrics attached to dollars spent. The costs to serve the wide range of
    unserved and underserved locations varies widely and depends on
    multiple factors (e.g. population density, geographic terrain,
    technology, pre-existing infrastructure/conduit vs. new (i.e.,
    ``greenfield'') build. Given these variables, it is difficult to
    clearly benchmark a national cost, such as dollars per mile of deployed
    infrastructure or dollars per location passed. For this reason, the
    BEAD Program Notice of Funding Opportunity enables each Eligible Entity
    to take into account the cost factors specific to their state or
    territory as they award BEAD funding.

                                     ______

                   Questions Submitted by Senator Deb Fischer
        Question 1. As you are aware, the Bureau of Alcohol, Tobacco,
    Firearms and Explosives (ATF) publishes aggregate information on
    international tracing requests they process. Based on their most recent
    report, National Firearms Commerce and Trafficking Assessment (NFCTA):
    Crime Guns--Volume Two, PART IV: Crime Guns Recovered Outside the
    United States and Traced by Law Enforcement, published January, 2023,
    there were less than 1% of legally exported traced firearms, which
    means that the other 99.33% of U.S. firearms legally exported are not
    used in crimes.

        Question 1A. Did BIS consider this report before finalizing its
    Interim Final Rule ``Revision of Firearms License Requirements?''

        Answer 1A. Yes, BIS considered various reports during its policy
    review, including the Bureau of Alcohol, Tobacco, Firearms, and
    Explosives, ``National Firearms Commerce and Trafficking Assessment''
    (NFCTA) report published in January 2023.

        Question 1B. Does BIS think that the policy decisions made in this
    Interim Final Rule offset the fact that less than 1% of the total
    firearms lawfully exported out of the U.S. are traced to crimes? If so,
    please explain.

        Answer 1B. In developing the changes implemented by the Firearms
    Rule, BIS considered many reports and analyses on the diversion and
    misuse of lawfully exported firearms. BIS worked together with
    interagency export control partners in the Departments of Defense,
    Energy, and State, as well as other Federal agencies with technical
    expertise in firearms and related items.
        In reviewing the ATF report and engaging with ATF experts, BIS
    concluded that ATF does not have a database of every crime gun in the
    world. Thus, its NFCTA report cannot be used to conclude that only 1%
    of lawful firearms exports are used in a crime. Instead, the ATF report
    analyzed a sample of firearms recovered by foreign law enforcement
    agencies and sent to ATF for tracing. ATF's analysis of all
    international crime gun trace requests received between 2017 and 2021
    indicates that at least 11% of traced firearms were lawfully exported
    from the United States and later recovered in a foreign country. For
    countries outside of North America, at least 37% of firearms submitted
    to ATF were lawful exports; for countries in Central America, at least
    19% of firearms submitted to ATF were lawful exports. The report
    therefore indicates that a sizeable portion of international crime guns
    are diverted from lawful exports.
        Moreover, through our review process, BIS identified specific
    instances in which lawfully exported firearms were diverted in a manner
    that threatens our national security and foreign policy objectives. In
    one case, a firearm that was licensed for export to one country was
    subsequently diverted to a bordering country and used in a political
    assassination. BIS also identified instances of licensed firearms and
    ammunition exports being diverted to Russia via commercial resellers in
    third countries; such firearms and ammunition may be used to support
    Russia's further invasion of Ukraine.
        In addition, partner governments, particularly those in the Western
    Hemisphere, have expressed concern that U.S. firearms are fueling
    violence, criminal activity, and instability within their countries.
    Based on this evidence and other evidence, we carefully reviewed and
    updated our policy to increase scrutiny of firearms exports to make
    sure they don't get into the wrong hands, while allowing exports of
    firearms that don't threaten national security or foreign policy
    interests. The vast majority of firearms exports are to partners and
    allies, and the rule will not substantially impact these destinations.
        In other words, the rule is narrowly tailored to address risks to
    national security and foreign policy, and it will not unduly burden
    industry.

        Question 2. According to the Export Control Reform Act, ``Export
    controls applied unilaterally to items widely available from foreign
    sources generally are less effective in preventing end-users from
    acquiring those items. Application of unilateral export controls should
    be limited for purposes of protecting specific United States national
    security and foreign policy interests.''

        Question 2A. How do you respond to the concerns that the Rule would
    be a detriment to our national security by creating more opportunities
    in the international marketplace for other countries who are not our
    allies (i.e. China, Russia, etc.) to fill the void?

        Answer 2A. As with all EAR controls, the changes in the firearms
    rules are designed to be as targeted as possible to accomplish BIS's
    mission to protect the national security and foreign policy interests
    of the United States. With respect to potential Russian and Chinese
    backfill, the Department reiterates its commitment to combatting the
    diversion and misuse of U.S. firearms by bad actors across the world,
    while allowing the export of firearms to end users who do not present
    national security or foreign policy risks. The Department will not
    engage in a race to the bottom with Russia and China to sell U.S.
    firearms to criminals and cartels.

        Question 2B. Have you accounted for how the massive increase in
    BIS's license caseload and resulting lengthened time for license
    approval, particularly for allied partners like NATO countries, will
    reverse the strides we made with Export Control Reform and damage our
    country's ability to support our allies and trusted partners?

        Answer 2B. BIS recognizes the critical importance of cooperation
    with allies and partners on export control implementation and
    enforcement. Coordinated implementation of export controls with
    likeminded countries is a hallmark of BIS's policy making, particularly
    in response to Russia's illegal war against Ukraine. BIS has made
    several recent regulatory updates to facilitate secure trade with
    allies and partners. This general approach informed our firearms policy
    updates as well. A:1 countries are excluded from many of the new
    requirements in the Firearms Rule, such as the requirement to submit a
    purchase order, as well as a passport or national identity card for
    natural persons, with an application to export firearms or related
    items.
        In addition, the rule creates transparency with respect to
    destinations of concern, which will promote predictable and timely
    review of license applications and will help industry and other
    stakeholders understand the licensing process. It will also make the
    review process more efficient, thereby allowing BIS to focus time and
    resources on other license applications, including applications for
    exports to partners and allies and applications to government end users
    in all destinations.

        Question 3. According to the January 2022 GAO Report cited in the
    Interim Final Rule, ``27,000 firearms recovered from 2015 through
    2019--the most recent data available--show that 40 percent came from
    the U.S. and the rest from 39 other countries.'' This data covers
    exports of firearms while controlled under the U.S. State Department,
    Directorate of Defense Trade Controls and is nearly 10 years old.

        Question 3A. BIS has been licensing the export of firearms for the
    past 4 years. Does BIS have any current data to support such a drastic
    policy change?

        Answer 3A. The Department regularly reviews its rules and
    regulations to better protect U.S. national security and foreign policy
    interests, which include countering the diversion and misuse of
    firearms and related items and advancing human rights. The Firearms
    Rule is intended to reduce the risk of legally exported firearms and
    related items being diverted or misused to fuel regional instability,
    drug trafficking, human rights violations, political violence, and
    other activities that undermine U.S. national security and foreign
    policy interests.
        As noted above, in developing the Firearms Rule, BIS identified
    recent instances in which lawfully exported firearms were diverted in a
    manner that threatens our national security and foreign policy
    objectives. In one case, a firearm that was licensed for export to one
    country was subsequently diverted to a bordering country and used in a
    political assassination. In another, a license exception was used to
    export parts for the unlawful assembly of firearms in Taiwan. In
    addition, we have identified instances of licensed firearms and
    ammunition exports being diverted to Russia via commercial resellers in
    third countries; such firearms and ammunition may be used to support
    Russia's further invasion of Ukraine.
        In addition to those specific cases, Commerce reviewed aggregate
    data showing that a substantial number of firearms recovered by foreign
    law enforcement agencies were lawfully exported from the United States.
    Partner governments, particularly those in the Western Hemisphere,
    expressed concern over the diversion and misuse of lawfully exported
    U.S.-made firearms in their countries that were fueling regional
    instability, human rights violations, and political violence. For
    example, governments in the Caribbean region expressed concern that
    individuals are using license exceptions to bring firearms,
    particularly semi-automatic handguns, to their countries, and that
    those firearms are being diverted to violent criminals.

        Question 3B. Do any of the 39 countries where firearms were traced
    back to have a similar policy of creating a presumption of denial for
    firearm exports?

        Answer 3B. The factors set out in the rule are consistent with U.S.
    National Security Memorandum 18, the Conventional Arms Transfer Policy,
    and the criteria that the United Kingdom and allies and partners in
    European Union member states apply to similar transactions, including
    the consideration of human rights; the preservation of regional peace,
    security, and stability; internal repression, tensions, or armed
    conflicts; terrorism and organized crime risks; and diversion risks.
        In particular, governments, in A:1 destinations have demonstrated a
    commitment to export controls as participants in the Wassenaar
    Arrangement and share our interest in countering diversion or misuse of
    firearms and related items, advancing human rights, and promoting
    mutual security. Over 100 countries are party to the Arms Trade Treaty
    (ATT). The ATT requires states party to consider whether exports of
    small arms and light weapons could be used to commit or facilitate a
    serious violation of international human rights, undermine peace and
    security, or be used for terrorism or organized crime.

        Question 3C. Is there any concern that the presumed effectiveness
    of actions taken by BIS will not outweigh the harm the Department's
    policy is causing industry?

        Answer 3C. BIS regularly reviews its rules and regulations to
    determine the effectiveness of its policies, including the impact of
    the policies on industry competitiveness. BIS will continue to monitor
    effectiveness and impact metrics to determine if any further updates
    are warranted based on national security or foreign policy.

        Question 4. As you know, there is an ongoing surge in migrant
    activity in Mexico, which has greatly impacted the Mexican railroad,
    FXE. FXE is an important interchange partner with US rail carriers at
    the border--facilitating the movement of freight to and from the United
    States. These challenges have disrupted rail freight traffic through
    the El Paso and Eagle Pass gateways. Embargoes have been placed in
    response to the limited ability to handle these shipments in Mexico.
    How is the Department of Commerce engaging with the Mexican government
    to mitigate and prevent future rail disruptions at the border?

        Answer. The Commerce Department follows disruptions at the U.S.-
    Mexico border closely given the tremendous impact they can have on U.S.
    trade and supply chains. Commerce has worked closely with U.S. Customs
    and Protection (CBP) to coordinate with the Mexican government to
    facilitate the movement of legitimate trade.

                              SUBCOMMITTEE RECESS

        Senator Shaheen. So now, the subcommittee stands in recess
    until May 23, when we will have a hearing on the Budget Request
    of the National Aeronautics and Space Administration, and the
    National Science Foundation.
        Secretary Raimondo. Thank you.
        Senator Shaheen. Thank you, thank you very much, Secretary.
        [Whereupon, at 4:27 p.m., Wednesday, May 15, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2025

                                  ----------

                             THURSDAY, MAY 23, 2024

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

        The subcommittee met at 9:35 a.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair), presiding.
        Present: Senators Shaheen, Reed, Schatz, Van Hollen,
    Heinrich, Peters, Moran, Capito, Kennedy, Britt, and Fischer.

                 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                          NATIONAL SCIENCE FOUNDATION

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. Good morning. The Subcommittee on
    Commerce, Justice, Science, and Related Agencies of the Senate
    Committee on Appropriations will come to order.
        I want to start by, again, by thanking my Ranking Member,
    Senator Moran for the great partnership we've had. We are
    looking forward to writing yet another bipartisan CJS Bill, and
    hopefully we will get started on that soon. I want to welcome
    today's witnesses, NASA Administrator, Bill Nelson, former
    Senator Bill Nelson. We still think about you as in the family
    here. And NSF Director Sethuraman Panchanathan--I'm getting
    better, right? Affectionately known as Dr. Panch--to discuss
    their agencies' fiscal year 2025 budget requests.
        Thank you both for being here today, and thank you Senator
    Nelson and your team for coordinating the visit with Artemis II
    astronaut, Christina Koch, who was in New Hampshire, and anyone
    who can keep a room full of fifth graders engaged for over 40
    minutes is a great emissary for NASA. So, we really appreciated
    her visit, and I'm sure had a number of want-to-be astronauts
    in that room after she was there.
        President Biden's fiscal year 2025 budget request for NASA
    and NSF would take steps in the right direction. The request
    includes $10.18 billion for NSF, which is an increase of $1.12
    billion or 12.4 percent above fiscal year 2024 enacted. For
    NASA, the request is $25.4 billion, which is an increase of
    $509 million or 2 percent above the 2024 enacted level.
        However, as Administrator Nelson, you and I discussed, I do
    have some concerns about the budget. I'm particularly concerned
    about the cut to NASA Heliophysics for the third year in a row,
    especially since the next Heliophysics decadal will be released
    later this year. And of course, as you know, the University of
    New Hampshire is a leader Heliophysics research, including
    leading the HelioSwarm Mission.
        I can point to the geomagnetic storm that we had last week
    to underscore how important our understanding of the sun really
    is. And fortunately, we didn't see any real damage as the
    result of that storm, but we know that those storms can
    interfere with satellite systems, with GPS, with radio
    communications, and studying the sun gives us real much better
    understanding of what the impacts could be.
        So, it's also hard to overstate the effect of the Fiscal
    Responsibility Act caps on your agencies. We were forced to cut
    nearly $1 billion from critical science agencies in the fiscal
    year 2024 bill, and struggled to meet the high expectations to
    continue to invest in the Artemis Mission and the hugely
    popular CHIPS and Science Act.
        So, we've seen reduced investments in innovation and space
    exploration. Those investments are through NSF and NASA really
    drive our economic competitiveness. They inspire the next
    generation of STEM leaders, and I worry that underinvesting in
    our Nation's future, especially in scientific innovation, will
    be challenging as we think about our future competitors.
        So, whether developing the future of artificial
    intelligence or lunar space, NASA and NSF are on the cutting
    edge of technological innovation and instrumental in training
    the next generation of scientists, innovators, teachers, and
    technicians, in particular, in the STEM fields that will define
    economic growth and national security for decades to come.
        And I think we all understand on this Committee, I know you
    both do, that we can't take our continued leadership in
    innovation and technology for granted. Our global competitors,
    especially China, are not waiting idly by. They're investing
    heavily in scientific and technological innovation. Earlier
    this month, China launched a mission to the dark side of the
    moon, which demonstrates an impressive technological
    capability.
        Both NASA and NSF drive us onward through curiosity-driven
    inquiry and exploration. And they ensure that the foundation
    for the future in fields like AI and space exploration is built
    in the United States. It's imperative that we lead, not just
    keep pace, which is why I continue to be a staunch supporter of
    both NASA and NSF.
        And with that, let me recognize my Ranking Member, Senator
    Moran.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Chair Shaheen, thank you very much. Thanks
    for your cooperation in this setting. And our other
    deliberations and work on the CJS Appropriation Subcommittee. I
    look forward to, again, having a successful opportunity for us
    to advance causes that we both believe in and that are
    important to the country.
        And welcome to NASA Administrator Nelson, and to Director
    Panchanathan. We're delighted to have you back in front of our
    Committee. I think it's appropriate that both of you are here
    at the same time. While you have different missions, and
    different responsibilities, and opportunities, the outcome of
    what each of you do benefits the country in very similar ways.
        The President's budget of $1.1 billion increase for NSF and
    a $500 million increase for NASA, while these increases are
    significant, given the fiscal responsibility spending caps,
    they remain a challenge. We did the best that we could do with
    the numbers that we had for both of your agencies in fiscal
    year 2024, and I'm committed to doing that again.
        That challenging allocation last year led to some tough
    decisions, but in my view, the subcommittee, the Full
    Committee, and the Senate, and Congress were able to protect
    many pivotal programs and missions, including Senator Nelson,
    Administrator Nelson, the Artemis Program.
        Artemis will cement a new era in space exploration for the
    United States. There are 16 diverse Kansas suppliers that are
    supporting Artemis I Mission, and many more suppliers will be
    helpful in support of future Artemis missions.
        Ryan Hernandez, Administrator Nelson, who you met when we
    visited D-J Engineering in Wichita, said at a press conference
    in which you were participating, and this is what he said, ``I
    got goosebumps right now just to be a part of the Artemis
    Program and show off what we're able to do for NASA.''
        Artemis is not only important to our aerospace
    manufacturing workforce, but it's an inspiring opportunity for
    the next generation, and that's very important for our national
    economy and our national security. As Senator Shaheen said,
    China is a threatening adversary. Territorial land grabs on the
    lunar service and is making significant strides in their own
    space program.
        Over the past several years, we have laid groundwork for
    the United States to remain the leader in the world space
    domain, but the outcome of that battle is not certain. It's
    imperative that we continue to build upon the foundation, which
    will ultimately move us beyond returning to the moon and on
    toward new goals such as landing astronauts on Mars.
        As we approach an Artemis II launch, I look forward to
    hearing today an update on the mission and how the United
    States, will maintain our leadership in space. NASA's influence
    extends beyond space exploration. It drives innovation,
    education, and economic growth, which can also be said for the
    National Science Foundation.
        A critical component of maintaining our Nation's aerospace
    and aviation leadership is advanced manufacturing. And Dr.
    Panchanathan, I appreciate the conversation we had just before
    this hearing began.
        I would highlight for my colleagues on the Committee that
    the Chair of the Commerce Committee and I have introduced
    education and workforce legislation dealing with advanced
    manufacturing, and I bring it to your attention for your
    consideration.
        Advanced manufacturing combines technology and
    craftsmanship to create economic growth and high-paying jobs,
    while also helping us to outcompete China in terms of
    efficiency and productivity. Institutions like Wichita State
    and Pittsburgh State University, which the NSF director visited
    last year, are at the forefront of advanced manufacturing and
    material science, driving innovation and competitiveness.
        This hearing, I hope, will explore how we maximize the
    impact of Federal funding, encourage collaboration among
    agencies, academia, and private sector, and importantly,
    inspire future generations of science and technology to make
    certain investments are robust and fiscally responsible.
        I'm committed to working with both of you, both of our
    witnesses, to ensure the Nation out competes all others in
    exploration, discovery, and innovation. And I would say to both
    of you, what you are doing is a noble calling. Our country
    desperately needs your agencies to be successful.
        Our Committee needs to do what it can do to be helpful in
    that outcome. But we face tremendous challenges in our world
    today, and what happens in your departments and agencies are
    hugely important to have the success that we can have.
        So, I wish you well, and we're here to help. But today,
    we'll hear what your requests are and how we can be that
    helpful.
        Thank you both.
        Senator Shaheen. Thank you very much, Senator Moran.
        And we will now hear from our witnesses. Administrator
    Nelson, will you begin?
        Senator Nelson. Thank you, Madam Chair.
        And the fact that you are very legitimately an expert in
    Heliophysics these times must be particularly exciting to you.
    Not only the big solar storm that just occurred, but also the
    alignment of the moon, and the earth, and the sun into a total
    eclipse that a good part of America was able to see.
        It's the first total eclipse that I had been in. I went to
    Cleveland, and it's a phenomenon that you just don't forget.
    Suddenly, the earth is turning dark in the middle of the day
    and the temperature is dropping rapidly, and at total eclipse,
    things are dark. And so, thank you for your expertise in
    Heliophysics.
        Senator Shaheen. Well, I appreciate that. I don't want
    anybody to think I'm an expert. I believe in lowering
    expectations, but I'm certainly an admirer.
        Senator Nelson. And Senator Moran, as you were talking, I
    want to recall that one of the finest space museums is located
    in Hutchinson, Kansas. And I had no idea when I was out there
    visiting with you. It's extraordinary.
        And further to the south in Oklahoma, in Weatherford,
    Oklahoma, is another extraordinary space museum. That one, as a
    result of General Tom Stafford, the Gemini Apollo 10 and Apollo
    Soyuz astronaut who just recently passed away. One of the great
    treasures of America, and he has left a legacy there. Not
    unlike your museum in Kansas, that is a great benefit to follow
    the lead of the National Air and Space Museum here.
        Senator Moran. Your comments are very, very welcome,
    especially the first half of what you had to say. But I would
    tell you that while you must have arranged a call for Senator
    Shaheen, at some point in time, not too long ago, the
    astronauts for Artemis called as a group. And the beginning of
    that conversation was, ``You do know, Senator Moran, that you
    have the best Space Museum in the world in Kansas.
        [Laughter.]
        Senator Moran. That was also a very refreshing call. Thank
    you.
    STATEMENT OF BILL NELSON, ADMINISTRATOR, NATIONAL
                AERONAUTICS AND SPACE ADMINISTRATION
        Senator Nelson. And I am delighted to be here with Dr.
    Panch, and what the two of you said is absolutely true between
    the two agencies. We have a good bit of the Federal
    government's research and development. This is critical for our
    future.
        And we know what you've been through. The constraints that
    you had to put on the budget for 2024 and 2025 as a result of
    coming up against the artificial ceiling of a debt ceiling that
    had to be raised so that the government would not go into
    default. And in order to get the votes to pass that you had to
    agree to compromises.
        And some of those compromises were the reduced levels that
    are now affecting our two agencies. So much so that it's almost
    $5 billion less in NASA over those 2 years, 2024 and 2025. And
    when you come into, as we both been talking here about science,
    that is an effect of almost $2 billion, you know, over those 2
    years. $1 billion a year just in science.
        And so, Senator Kennedy and I were talking about southern
    colloquialisms. When you've got a five-pound potato sack and
    you got 10 pounds of potatoes that you want to have, but you
    only got a five-pound sack, you can't get everything done. And
    that's what we are facing on this fiscal year 2025, and what we
    faced last year on fiscal year 2024 budget. We can't get
    everything done.
        And therefore, I've had to make some uncomfortable choices.
    Some of those choices we can go into detail more' Mars Sample
    Return, OSAM, those missions had to be scaled back because
    something had to be scaled back. The rest of NASA with the
    resources that you gave us, just we are very privileged.
        I am very privileged to try to offer some kind of
    leadership to a bunch of wizards, and they really do impossible
    things. The James Webb Telescope, the hitting the asteroid and
    moving it, thus grabbing, and sucking up the sample from
    another asteroid, the needle nose jet that's going to fly the
    end of this year, supersonic, and it's not going to have that
    loud sonic boom.
        I can go on and on the daily science that goes on the
    International Space Station, going back to the moon in order to
    be able to go to Mars. And that's what we're engaged in. And
    thank you for the opportunity to come and share this with you.

        [The statement follows:]
         Prepared Statement of The Honorable Bill Nelson, Administrator
        Chair Shaheen, Vice Chair Moran, and Members of the Subcommittee, I
    am pleased to be here to discuss the President's $25.4 billion request
    for NASA for FY 2025. The President's FY 2025 budget request for NASA
    expresses the continued commitment from the Biden-Harris Administration
    to maintain and amplify America's preeminent place of leadership in
    humanity's quest to know the cosmos. The President's Budget prioritizes
    investments with a demonstrated return of value for the American
    taxpayer--investments in the future of deep space exploration,
    sustainable aeronautics, scientific endeavor, technological might, and
    inspiring the next generation, the Artemis Generation.
        As history has proven, as the present has shown, and as the future
    will continue to demonstrate, to invest in NASA is to invest in the
    power, the principles, and the global leadership abilities of the
    United States. Investing in NASA benefits America and Americans.
        We benefit America through NASA's Artemis campaign. The Artemis
    campaign represents the most diverse and broad coalition in space
    exploration. We are working with American companies and international
    partners to return astronauts to the Moon and then land the first
    astronauts on Mars.
        Under NASA's leadership, humanity will make new scientific
    discoveries, test new technologies, and explore more of the lunar
    surface than ever before. Earlier this year, we witnessed the first
    successful lunar landing by an American company carrying NASA and
    commercial payloads to the Moon's South Pole region. The science and
    technology payloads sent to the Moon's surface as a part of NASA's
    Commercial Lunar Payload Services program will help lay the foundation
    for human missions and creating a sustainable human presence on the
    lunar surface. The Artemis II crewed flight test, fully funded in the
    President's Budget, will, for the first time in over half a century,
    fly astronauts around the Moon. The budget makes investments in the
    long-term architecture for Artemis, including funding for human landing
    systems and extra-vehicular suits; lunar transportation, habitation,
    and fission surface power that will enable humanity's sustainable
    presence on the Moon; and the Gateway lunar outpost, built with
    international partners, that will help enable operations on the surface
    of the Moon.
        We benefit America through advancing our space technologies, which
    support the growth and competitiveness of the U.S. space industry and
    the creation of good-paying jobs and will enable future missions. By
    developing lunar robotic missions, communications on and around the
    Moon, in-situ resource utilization demonstrations, Commercial Lunar
    Payload Services, and other key elements, NASA will deepen our
    understanding of the Moon to prepare for humanity's long-duration stays
    on the lunar surface, and later, Mars. Additionally, NASA is partnering
    with the Defense Advanced Research Projects Agency and industry to
    develop and demonstrate advanced nuclear propulsion, one of several
    technologies under study that could enable more effective
    transportation in deep space.
        We benefit America through our leadership in low-Earth orbit. Last
    year, NASA celebrated 25 years of International Space Station (ISS)
    operations, including 23 years with continuous human presence. This
    year, we continue to use commercial services to safely transport cargo
    and astronauts to the ISS to conduct critical research, science, and
    technology demonstrations. These operations inform and reduce risk for
    future missions to the Moon and Mars and provide insight and
    breakthroughs that directly affect life on Earth, including NASA's
    contribution to the President's Cancer Moonshot initiative. The
    President's Budget supports NASA in maintaining critical operations in
    low-Earth orbit while paving the way for a future sustained,
    commercially enabled American presence in space to continue creating
    scientific and economic opportunities.
        We benefit America through our discoveries through the eye of
    NASA's James Webb Space Telescope, discoveries that represent an order-
    of-magnitude shift in our capability to see the universe. In 2023,
    NASA's Webb Telescope continued to unfold the secrets of our universe
    and inspire the world through breathtaking images taken during its
    first year of operations. The Webb telescope pulled back the curtain on
    some of the farthest galaxies, stars, and black holes ever observed;
    found methane and carbon dioxide in the atmosphere of a planet outside
    our solar system; and more. The President's budget request for NASA
    Science will continue supporting operations of groundbreaking missions
    like Webb, Hubble, and Perseverance. The request also invests in new
    missions and capabilities that will enable the next generation of world
    class science, including the Nancy Grace Roman Space Telescope, the
    Near-Earth Object Surveyor, Europa Clipper, Dragonfly, and Habitable
    Worlds Observatory Technology Maturation, to name just a few.
        We benefit America through NASA's leadership in climate and Earth
    science. Much of what we know about our changing planet is rooted in
    NASA's more than 40 years of Earth observations. With over two dozen
    instruments aboard the ISS complementing those in free- flyer orbits,
    NASA uses its unique vantage point in space to better understand our
    changing planet. With the President's Budget, NASA will continue to
    bring critical, life-changing climate data back down to Earth. NASA's
    new Earth Information Center at Headquarters in Washington DC, and
    online, helps fulfill the Biden-Harris Administration's call to make
    climate data more understandable and accessible for all people. Through
    current and future Earth science missions like Landsat Next and
    building out the multi-satellite Earth System Observatory, NASA will
    continue to help all humanity understand and address the impacts of
    climate change.
        We benefit America through NASA's key role in improving air travel
    and reaching net-zero aviation greenhouse gas emissions by 2050, by
    accelerating research and development of aircraft technologies that are
    cleaner, quieter, and greener. NASA is working with American companies
    to develop next generation aircraft and engines that would make
    commercial airliners 25 to 30 percent more efficient. That will benefit
    our planet, the U.S. commercial aviation sector, and passengers around
    the world. Through ambitious experimental projects like the X-66
    Sustainable Flight Demonstrator and the X-59 Quiet Supersonic
    Technology Low Boom Flight Demonstrator, NASA will continue to help
    revolutionize the future of air travel.
        We benefit America when NASA identifies, enables, and utilizes
    talents from across all of humanity. This includes robust outreach
    efforts to students of every background to pursue education in science,
    technology, engineering, and mathematics and then implement that
    education through public service at NASA or within America's space
    industry.
        All of these benefits--for America, for humanity, and for the
    planet--add up to this: To invest in NASA advances our Nation's
    abilities and leadership in making the impossible possible, in making
    the unknown known, and in inspiring the world through discovery while
    creating competitive and good-paying jobs in all 50 states. The
    President's Budget will help bring our Nation, our economy, and our
    people deeper into a new era of American ingenuity, innovation,
    imagination, and leadership.

        Senator Shaheen. Thank you very much, Administrator Nelson.
        Dr. Panchanathan.
    STATEMENT OF THE HONORABLE SETHURAMAN PANCHANATHAN,
                DIRECTOR, NATIONAL SCIENCE FOUNDATION
        Dr. Panchanathan. Thank you so much.
        Good morning, Chair Shaheen, Ranking Member Moran, and
    Members of the Committee. It's truly an honor to do this with
    you and Administrator Nelson. And we always enjoy working with
    each other, not only in terms of our partnership, but doing
    this hearing together, too. So, I really appreciate your
    partnership.
        In 1950, the National Science Foundation was established to
    continue the Nation's investments in science and engineering
    that had begun during World War II to explore what Vannevar
    Bush described as the endless frontier, so that we might
    continue to unlock the secrets of our world and the universe,
    and in doing so, strengthen our economic and national security.
        74 years later, we are surrounded by advancements that have
    been made possible by NSF investments in people and ideas. The
    Internet, smartphones, wireless technologies, 3D printing,
    doppler, radar, barcodes, nanoscale science, kidney exchanges,
    robotics, CRISPR, and MRI technologies, even the Magic School
    Bus, where all supported by NSF.
        Hundreds of thousands of researchers, entrepreneurs, and
    STEM educators are supported by NSF every year, and countless
    startups have spun off from NSF's investments. Millions of
    people from elementary school students who are inspired by the
    promise of STEM to those already in the workforce, and are
    looking to acquire new skills for jobs in emerging industries
    are touched by NSF every year.
        When we look at the early investment in an idea that
    revolutionizes an industry and yields incredible profit, we
    call that a wise investment. NSF continues to be an extremely
    wise investment for the United States. Every single American
    benefits every day from our commitment to unleashing the
    American spirit of innovation.
        However, while we benefited greatly from being the first
    Nation to invest heavily in fundamental research and
    innovation, our competitors are rapidly catching up. Other
    governments, most notably the PRC, have copied our playbook,
    and they're investing heavily today in hopes of controlling the
    innovations of the future.
        Take for example, semiconductor production. The offshoring
    of this critical sector, which happened slowly over many years,
    became a national security imperative when we felt the effects
    of chip shortages in automobiles and other industries. Congress
    and the administration acted quickly to invest in bringing that
    capacity back to the United States.
        However, we must ensure that we do not face the same
    challenge in AI, in quantum information science, advanced
    manufacturing, or other critical technologies. That is why
    Congress did not pass just a CHIPS Act, but a CHIPS and Science
    Act, which recognize the investments in research today are the
    key to a more prosperous and secure future tomorrow.
        The fiscal year 2025 budget, President's budget request for
    NSF, includes $10.2 billion, an investment that is vital to the
    United States, continued leadership in science, engineering,
    and technology. NSF has worked quickly and with intentionality
    to implement the CHIPS and science side.
        Our flagship example of this is the regional innovation
    engines, which are the largest broadscale investments in the
    Nation's history to spur place-based innovation in critical
    fields of R&D and economic and societal importance.
        Earlier this year, we announced the first 10 full-scale NSF
    engines, which will be the catalyst for the industries of
    tomorrow, and build new powerhouses of innovation and high-tech
    entrepreneurship in communities throughout our country.
        In addition, NSF has funded 58 planning grants for future
    engines in almost every State of our Nation. Chair Shaheen and
    Ranking Member Moran, this includes two exciting projects in
    New Hampshire and Kansas. In New Hampshire, a team led by the
    Northern Forest Center is working on advanced forest ecosystem
    management and forest product innovation to unlock new
    opportunities in a circular bioeconomy for New England.
        I can say that to all the Senators because every one of you
    is a representative of regional innovation engines. I won't
    have time. And in Kansas, Kansas State University is leading a
    robust network of partners focused on biosecurity, biodefense,
    and advanced manufacturing. Both projects are excellent
    examples of the incredible potential for coupling the ingenuity
    of our research enterprise, with the strength of our
    communities to create opportunities everywhere.
        But these investments must be sustained to be successful.
    The fiscal year 2025 request includes $205 million for the NSF
    regional innovation engines, which will be critical to the
    continuation of the first 10 engines, and our ability to move
    forward with any of the projects currently in development.
        NSF is committed to inspiring and empowering the talent
    that resides in communities throughout our Nation. We will
    continue to be intentional in growing capacity in EPSCoR
    jurisdictions, investing in minority, serving and emerging
    research institutions, and in our community colleges.
        I'm happy to report that NSF not only met, but exceeded the
    CHIPS and Science EPSCoR funding targets for fiscal year 2023,
    and we expect that to continue into the future, which I know
    was a shared priority for NSF and for this Committee.
        NSF has also keenly focused on protecting the integrity of
    our investments. We have taken research security head on,
    prohibiting funding for researchers that participate in malign
    foreign talent program, developing analytics capabilities to
    assess risks, providing training for the research community,
    and working closely with law enforcement and the intelligence
    community.
        In the near future, we will begin piloting a risk rubric
    that will guide the agency in making determinations about the
    national security implications of projects in sensitive
    technologies.
        Chair Shaheen, Ranking Member Moran, and Members of the
    Committee, our country is at a critical moment. We must seize
    the promise of technologies like AI while continuing to invest
    in the curiosity-driven research that feeds the industries of
    tomorrow and builds the workforce of the future.
        In addition, we must invest in world-class research
    infrastructure that makes discoveries possible. There is
    incredible demand in the need for the next generation of
    telescopes, research vessels, high performance computing, and
    more. In addition, we face growing needs to recapitalize our
    infrastructure in the Arctic and Antarctic, two regions that
    are critical to not just scientific progress, but our
    geopolitical priorities.
        Curiosity-driven research use, inspired innovations, and
    research infrastructure are all interrelated and are all
    critical to our global leadership. A prime example in is NSF's
    efforts to stand up the National AI Research Resource. The
    NAIRR, is essentially democratizing AI research capabilities
    and unlocking the potential of AI to transform fields from
    healthcare to weather modeling.
        Our leadership in AI, quantum advanced wireless is critical
    to the economic and national security. These technologies must
    be rooted and guided by core American values such as openness,
    explainability, and integrity. I'm certain that our innovators
    are ready to meet this challenge.
        However, we simply cannot meet this moment without
    investing significantly in the people who make this all
    possible. NSF greatly appreciates the support of this
    Committee, and I look forward to working with you to ensure
    American leadership in science, engineering, and technologies
    for generations to come.
        Thank you for the opportunity.
        [The statement follows:]
          Prepared Statement of Dr. Sethuraman Panchanathan, Director
                                  introduction
        Chair Shaheen, Ranking Member Moran, and members of the Committee,
    it is a privilege to appear before you to today to discuss the U.S.
    National Science Foundation's (NSF) Fiscal Year (FY) 2025 budget
    request to Congress. This is an exciting time for science and
    technology, and we are seeing new breakthroughs every day in industries
    like artificial intelligence, quantum science, biotechnology,
    microelectronics, advanced manufacturing, and other emerging
    industries. For nearly 75 years, investments in the research enterprise
    have fostered advancements in knowledge and progress in technology that
    have made the United States a global leader in innovation. The FY 2025
    budget request builds on that foundation to ensure that the nation will
    remain at the forefront of science and technology into the future.
        In the National Science Foundation Act of 1950 (Public Law 81-507),
    Congress established the U.S. National Science Foundation and charged
    it with supporting research ``to promote the progress of science; to
    advance the national health, prosperity, and welfare; to secure the
    national defense; and for other purposes.'' Since then, NSF investments
    have driven economic growth, contributed to technology that enhances
    national security, strengthened the workforce, enabled breakthroughs in
    health and medicine, led to countless new technologies and consumer
    products, improved quality of life across the country, and sustained
    the nation's role as the international leader in scientific discovery
    and innovation.
        In many cases, NSF investments in fundamental research led to
    critical outcomes, sometimes decades later, which were not foreseen.
    Many of today's transformational technologies, including artificial
    intelligence, quantum information science, and biotechnology, are the
    result of sustained investments going back several decades. Our future
    success depends on our ability to continue to expand the foundations of
    basic research, generate new knowledge and breakthroughs, and translate
    those discoveries into innovative new technologies.
        The President's FY 2025 budget request of $10.183 billion is an
    essential investment in critical areas of research, education,
    discovery, and innovation that will make it possible to accelerate our
    progress, prosperity, and competitiveness. It builds on the historic
    framework laid out in the CHIPS and Science Act of 2022 for how we spur
    innovation and entrepreneurship, foster educational opportunities and
    enhance the workforce, and ensure that curiosity-driven exploratory
    research and use-inspired, solutions-oriented innovation continue to
    power the nation's growth, success, and leadership.
                              nsf's three pillars
        NSF's vision for the future of the science and engineering
    community is built on three key pillars. The pillars are essential to
    how we achieve the ambitious goals of the CHIPS and Science Act of 2022
    and ensure that investments like the FY 2025 budget request can realize
    their full potential.
        The first pillar is to continually strengthen NSF's core mission to
    accelerate discovery and advance state-of-the-art research through
    ongoing and sustained investments in every area of fundamental,
    exploratory research. This is the engine that drives the nation's
    advancement of knowledge and enables the translation of new ideas, new
    information, and novel approaches into products, solutions, and
    benefits for people, consumers, and society. The more we invest in this
    engine, the more it will power growth, prosperity, success, and
    leadership for the nation.
        The second pillar is that we must inspire more people to join the
    Science, Technology, Engineering, and Math (STEM) community, and we
    must especially create opportunities and pathways for the Missing
    Millions, the millions of people throughout the nation who have the
    talent and ability to be part of STEM but are not making their way into
    STEM careers. Only by building a strong, diverse, and broad workforce
    of the future will we be able to capitalize on new opportunities that
    are the foundation for our future success, competitiveness, and
    international leadership.
        The third pillar is accelerating the Nation's technology and
    innovation enterprise by enabling researchers, industry, entrepreneurs,
    and innovators of all kinds to translate research into solutions,
    products, and benefits for society. This means fostering partnerships
    and nurturing talent so that innovation ecosystems can contribute to
    the economy and our nation's global competitiveness at speed and scale.
                             four strategic themes
        There are four strategic themes in the FY 2025 Budget Request.
    These themes are areas in which investments today are critical to our
    success tomorrow, and in which failure to take action now will put
    America's STEM enterprise and our international competitiveness at a
    disadvantage in the near future.

      1.  Advance Emerging Industries for National and Economic Security
      2.  Build A Resilient Planet
      3.  Create Opportunities Everywhere
      4.  Strengthen Research Infrastructure

        These themes align with the Administration's priorities of
    expanding basic research to tackle grand national challenges and
    empowering new approaches to applied research that spur technology
    transfer. The themes, expanded upon below, span the broad portfolio of
    fundamental research that is the heart of NSF's mission. They also
    stimulate new efforts and connect existing efforts throughout the
    research portfolio and implement requirements of the CHIPS and Science
    Act.
    Advance Emerging Industries for National and Economic Security
        NSF's Directorate for Technology, Innovation and Partnerships
    (TIP), the first new directorate at NSF in 30 years, sits at the
    crossroads of exploratory, curiosity-driven research and use-inspired,
    solutions-oriented innovation to drive translational research across
    all fields of science and engineering. This new directorate is a
    critical new approach in how NSF carries out its mission in today's
    high-tech economy, and for FY 2025, $900 million is requested for the
    TIP Directorate to support its work to ensure that the U.S. remains in
    the vanguard of technology competitiveness for the foreseeable future.
    TIP advances key technologies; accelerates the translation of research
    results from the laboratory to the market and society; addresses
    national, societal, and geostrategic needs; and cultivates new
    education pathways leading to a diverse and skilled future technical
    workforce comprising researchers, practitioners, technicians,
    entrepreneurs, and educators. The TIP Directorate collaborates closely
    with all of NSF's directorates and offices in its aims to usher in a
    new era for American innovation, accelerating research to impact and
    enhance job and economic growth and national security. Serving as a
    cross-cutting platform that leverages, energizes, and rapidly advances
    use-inspired research and innovation as well as workforce development
    across all STEM fields supported by NSF, TIP helps to ensure that the
    U.S. remains in the vanguard of technology competitiveness for the
    foreseeable future.
        A major achievement for the TIP Directorate is the NSF Regional
    Innovation Engines (NSF Engines) program. In January of this year, NSF
    was proud to announce the inaugural NSF Engines awards, which--if fully
    funded--could represent one of the single largest broad investments in
    place-based research and development in the nation's history. Spanning
    more than 15 states, these initial NSF Engines will harness regional
    talent and partnerships to spur innovation in areas such as
    semiconductor innovation, energy, climate resilience, environmental
    sustainability, textiles, agriculture, and regenerative medicine. These
    innovation ecosystems will catalyze new business and economic growth in
    those regions of America that have not fully participated in the
    technology boom of the past several decades. They will advance
    equitable and inclusive use-inspired research, entrepreneurship, and
    workforce development to nurture and accelerate regional industries.
    Collectively, they will contribute to long-term U.S. competitiveness.
    $205 million is requested for the NSF Engines for FY 2025.
        The NSF Engines program is but one example of the agency's approach
    to spurring innovation, technological progress, and leadership in
    innovation across the nation. Additional programs include:

      --The NSF Convergence Accelerator program will regionalize its
            approach to accelerate the translation of use-inspired research
            by investing in regional cohorts of transdisciplinary, multi-
            sector teams pursuing technology solutions to location-specific
            challenges in food and agriculture, disaster response and
            mitigation, and transportation, to name a few. $100 million is
            requested for Convergence Accelerator for FY 2025.
      --The NSF Accelerating Research Translation (ART) program, in
            alignment with the CHIPS and Science Act authorization, will
            support institutions of higher education that wish to build the
            necessary infrastructure to boost their overall institutional
            capacity to accelerate the pace and scale of translational
            research. Importantly, ART will result in a network of
            ambassadors who will champion translational research throughout
            the Nation. $45 million is requested for ART for FY 2025.
      --The NSF Experiential Learning in Emerging Industries (ExLENT)
            program will support inclusive experiential learning
            opportunities designed to provide cohorts of diverse learners
            with the crucial skills needed to succeed in the key technology
            focus areas and prepare them to enter the workforce ready to
            solve the Nation's most pressing societal, economic, national,
            and geostrategic challenges. $20 million is requested for
            ExLENT for FY 2025.
      --NSF Entrepreneurial Fellows, authorized in the CHIPS and Science
            Act, will provide a diverse cohort of Ph.D.-trained scientists
            and engineers with the resources they need to bring promising
            ideas and technologies from the lab to market and society.
            These NSF Entrepreneurial Fellows will forge connections
            between academic research and government, industry, and
            finance, leading the way in technology translation. $10 million
            is requested for NSF Entrepreneurial Fellows in FY 2025.

        Investments in Emerging Industries are especially important. These
    are areas of science and technology that will have enormous impacts on
    the economy and society and where U.S. leadership is critical to
    establishing foundations for future development that reflect the
    nation's values. By investing in our leadership today, we can ensure
    that each of these areas will continue to serve the interests of our
    economy, workforce, and communities into the future.

      --Artificial Intelligence, including machine learning, autonomy, and
            related advances, investments will bring together numerous
            fields of scientific inquiry--including computer and
            information science; cognitive science and psychology;
            economics and game theory; education research; engineering and
            control theory; ethics; linguistics; mathematics; and
            philosophy--to advance the frontiers of trustworthy AI,
            including advancing perception, learning, reasoning,
            recommendation, and action in the context of specific fields
            and economic sectors. NSF investments are needed to develop new
            foundational AI theory and implementation techniques, advance
            safety and security of AI systems, and foster novel AI methods
            that are inspired by use cases in specific application domains
            and contexts. NSF will play a key part in supporting
            implementation of the President's Executive Order on the Safe,
            Secure, and Trustworthy Development and Use of Artificial
            Intelligence (AI E.O.). For example, NSF investments in efforts
            such as the National AI Research Resource pilot will create
            opportunities for more researchers to access the computational,
            data, software, model and training resources needed to push the
            boundaries of AI and apply AI across areas of science and
            engineering. $729.16 million is requested for Artificial
            Intelligence for FY 2025.
      --Biotechnology, including genomics and synthetic biology,
            investments will support fundamental and translational
            research, infrastructure, and education to understand and
            harness biological processes for societal benefit. It will
            propel advances in genomics, bioinformatics and data analytics,
            structural and computational biology, biophysics, synthetic and
            engineering biology, tissue and metabolic engineering, medical
            technology, the development of new types of biomaterials, bio-
            inspired data storage and microelectronics, and
            biomanufacturing, as well as accelerate the ability to harness
            biological systems to create goods and services that contribute
            to agriculture, health, security, manufacturing, and resilience
            to climate change, including natural and anthropogenic disaster
            prevention and mitigation. As part of the National Engineering
            Biology Research and Development Initiative codified in the
            CHIPS and Science Act, NSF investments in research at the
            intersection of the biological, physical, chemical, data,
            computational and information sciences and engineering, and
            social, behavioral and economic sciences will accelerate
            scientific understanding and technological innovation in
            engineering biology as well as assure public acceptance of the
            products of engineering biology. $421.18 million is requested
            for Biotechnology for FY 2025.
      --Advanced Manufacturing, including robotics and sensing
            technologies, investments will accelerate breakthroughs in
            manufacturing materials, technologies, and systems through
            fundamental and translational, multidisciplinary research that
            transforms manufacturing capabilities, methods, and practices.
            NSF investments will further advance manufacturing through
            advanced energy and industrial efficiency technologies,
            resilient manufacturing strategies, novel methods in
            engineering biology, next-generation materials, and the power
            of data science, automation, robotics, and machine learning to
            intelligently design and develop future approaches that are
            secure, sustainable, and resilient to natural and anthropogenic
            disasters. $386.67 million is requested for Advanced
            Manufacturing for FY 2025.
      --Quantum Information Science (QIS), including quantum computing and
            simulation, will advance fundamental understanding of uniquely
            quantum phenomena that can be harnessed for information
            processing, transmission, and measurement in ways that
            classical approaches do less efficiently, or not at all.
            Current and future applications of QIS differ from prior
            applications of quantum mechanics by using distinct properties
            that do not have classical counterparts. The development of new
            applications for QIS will lay the groundwork for one of the
            major technological revolutions of the 21st century. NSF
            investments are a key component of the National Quantum
            Initiative (NQI), aligning with the Administration's focus on
            critical and emerging industries. $294.37 million is requested
            for Quantum Information Science for FY 2025.
      --Microelectronics and Semiconductors, including advanced computer
            hardware, investments will address the microelectronics and
            semiconductor challenges facing our Nation due to technological
            and global trends, such as the end of Moore's Law and
            offshoring of semiconductor fabrication and manufacturing. NSF
            will advance novel semiconductor design and manufacturing,
            enabling future advanced computing systems, including quantum
            computing and networking technologies. Investments will also
            advance next-generation materials and highly parallel chip
            designs that will improve the performance of AI algorithms as
            well as integrate advanced energy efficiencies for low-power
            and high-performance devices that will drive a mobile and
            wireless future, and smart sensors that will interface between
            biosystems and electronics. $174.97 is requested for
            Microelectronics and Semiconductors for FY 2025. Additionally,
            the CHIPS and Science Act provides NSF with $200 million over 5
            years for semiconductor workforce development activities.
      --Advanced Wireless, including communications and immersive
            technology, investments will bridge knowledge gaps and advance
            innovations in areas critical to future generations of
            communications technologies, networks, and services, such as
            novel wireless devices, circuits, protocols, and systems;
            mobile edge computing; distributed machine learning and
            inference on mobile devices; human-machine-network
            interactions; ultra-low-latency connections; and dynamic
            spectrum allocation and sharing, all while ensuring security
            for all users. This investment will serve to advance both new
            active spectrum applications and spectrum used for non-
            commercial purposes, such as advanced receiver design and
            interference mitigation techniques for radio astronomy and
            atmospheric science. Additionally, NSF co-chaired the
            formulation of a 2021 National Strategy to Secure 5G
            Implementation Plan, which noted that fifth-generation wireless
            networks will spur innovation and enable the development of new
            markets, products, and services, thereby contributing to
            economic growth and job creation. Of particular importance in
            the Secure 5G Implementation Plan was the need to invest in the
            security and resiliency of these networks; NSF's Resilient and
            Intelligent Next-Generation Systems (RINGS) program, in
            collaboration with two other Federal agencies and nine
            companies, is directly aligned with this emphasis. NSF
            continues to be a leader in the development of Open Radio
            Access Networks (O-RANs); the FY 2025 Request will build upon
            efforts initiated in FY 2024 to augment testing and validation
            of O-RAN systems via the Platforms for Advanced Wireless
            Research (PAWR) testbeds, which are jointly funded by NSF and
            an industry consortium comprising more than 35 companies and
            associations. Finally, through programs like RINGS and PAWR,
            NSF will accelerate the lab-to-market translation of innovative
            research outcomes in academic and government labs to successful
            products and services for the benefit of society. $167.90
            million is requested for Advanced Wireless for FY 2025.
    Build A Resilient Planet
      --U.S. Global Change Research Program (USGCRP).--($897.18 million)
            supports research that contributes to the USGCRP goals to (1)
            advance scientific knowledge of interconnected natural and
            human systems and risks to society from global change; (2)
            build global capacity to respond to global change through
            international cooperation and collaboration; (3) enhance the
            Nation's ability to understand and respond to global change by
            expanding participation in the Federal research enterprise; and
            (4) provide accessible, usable information to inform decisions
            on mitigation, adaptation, and resilience. In FY 2025, NSF will
            expand its activities related to risk and resilience, including
            efforts that will improve climate hazard and disaster
            resilience in communities, develop technologies needed to
            advance resilience research, support research on the human
            health implications of climate change, and grow the human
            capital to take on the climate challenges of today and
            tomorrow. NSF will also initiate activities for new approaches
            related to design in extreme environments.
      --Clean Energy Technology (CET).--($500.52 million) investments are
            designed to identify and support transformative research to
            advance U.S. leadership in the clean energy transition and meet
            the U.S. Net Zero objectives for 2030 and beyond. NSF's
            investments in integrated clean energy research and education
            span longstanding programs as well as focused new solicitations
            and will support high-risk, high-reward research ideas across
            the science and engineering spectrum that create broad new
            understanding and innovations to support energy efficiency,
            enhance sustainability, support net-zero solutions for
            decarbonization, adapt to and mitigate climate change, spawn
            new industries and transform existing industries, and support
            translation and partnerships for innovation, as well as
            education and workforce development. 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 FY 2025, investments will focus on
            fundamental and convergent research, energy research
            infrastructure, innovation and translation, and education and
            workforce development.
      --NSF will continue investments in greenhouse gas (GHG) research
            ($69.50 million), where NSF-funded projects will develop
            measuring strategies as well as reporting and verification
            systems with an emphasis on methane.
      --Examples of other programs supported within the Build a Resilient
            Planet Theme in FY 2025 include further development of the
            National Discovery Cloud (NDC) for Climate ($30.0 million), a
            resource that will federate advanced computational, data,
            software and networking resources, democratizing access to a
            cyberinfrastructure ecosystem that is increasingly necessary to
            further climate-related S&E, and the Focus On Recruiting
            Emerging Climate and Adaptation Scientists and Transformers
            (FORECAST) ($15.0 million) program, which centers on
            individuals from communities that have traditionally been
            underrepresented in STEM, making resilience research relevant
            to students and equipping participants with the broader skills
            necessary to excel in their future endeavors inside and outside
            academia.
    Create Opportunities Everywhere
        Today, ideas have been democratized in a significantly new way.
    Only a few decades ago, cutting- edge information in science and
    technology was largely confined to universities, research institutions,
    and industry R&D. But today, even the most advanced research knowledge
    is often only a click away online and the resources necessary for
    developing high tech applications and products are more accessible than
    ever to more people than ever. While ideas have been democratized,
    opportunities have not. These investments represent NSF's strategic
    commitment to developing the future-focused STEM workforce that enables
    Americans from every demographic, in every part of the country, to
    develop the skills and capabilities necessary to make the most of every
    new idea.
        This is a comprehensive approach for attracting, supporting, and
    advancing opportunities for groups underrepresented in STEM. It is a
    whole-of-NSF strategy that incorporates all directorates and offices
    and surpasses prior efforts by striving to ensure equity in program
    delivery. It focuses on expanding access and inclusion in STEM along
    individual, institutional, and geographic lines.
        To accomplish the essential goal of building the large, robust STEM
    workforce necessary to rapidly capitalize on every new idea, NSF relies
    on four guiding principles.

        1.  Address research equity
        2.  Build capacity
        3.  Foster collaboration and partnerships
        4.  Build in support for future generations

        In FY 2025 we are building on existing investments to expand and
    scale Broadening Participation efforts by incorporating them into NSF's
    core research portfolio. For individuals, NSF will continue to make
    investments in democratizing STEM education and workforce. For
    institutions, NSF will be more intentional about how it engages
    Minority-Serving Institutions and Emerging Research Institutions in its
    formal and informal programs. For jurisdictions, NSF will expand
    support in EPSCoR jurisdictions to ensure geographic diversity.
        NSF's commitment to finding talent provides opportunities that
    build strong STEM pathways that lead to a well-paid workforce and
    support the U.S. economy. Key investments include these areas:

      --Graduate Research Fellowship Program.--($341.11 million) will
            support 2,300 new fellows in FY 2025.
      --Established Program to Stimulate Competitive Research (EPSCoR)
            Office.--($258.37 million) provides strategic programs and
            opportunities that stimulate sustainable improvements to EPSCoR
            jurisdictions' R&D capacity and capability. EPSCoR aims to
            stimulate research that enhances jurisdictional competitiveness
            in NSF disciplinary and multidisciplinary research programs,
            especially those that drive economic growth and geographic
            diversity. Also, pursuant to the CHIPS and Science Act, all NSF
            research divisions will commit additional support for
            meritorious proposals from EPSCoR jurisdictions.
      --Hispanic-Serving Institutions (HSI).--($55.92 million) program
            seeks to enhance the quality of undergraduate STEM education at
            HSIs and to increase retention and graduation rates of
            undergraduate students pursuing degrees in STEM fields at HSIs.
            The HSI program seeks to build capacity at HSIs that typically
            do not receive high levels of NSF grant funding.
      --The Louis Stokes Alliances for Minority Participation (LSAMP).--
            ($55.0 million) is an alliance-based program that works to
            increase the number of STEM baccalaureate and graduate degrees
            awarded to populations historically underrepresented in STEM
            disciplines.
      --Historically Black Colleges and Universities Undergraduate Program
            (HBCU-UP).--($44.94 million) is committed to enhancing the
            quality of undergraduate STEM education and research at HBCUs
            to broaden participation in the Nation's STEM workforce. HBCU-
            UP provides awards to develop, implement, and study evidence-
            based innovative models and approaches for improving the
            success of HBCU undergraduates so that they may pursue STEM
            graduate programs and/or careers.
      --Growing Research Access for Nationally Transformative Equity and
            Diversity (GRANTED).--($40.0 million) will improve the Nation's
            research support and service capacity at emerging and
            underserved research institutions. GRANTED will use a variety
            of mechanisms and programs to further NSF's reach in advancing
            the geography of innovation and engaging the Missing Millions.
            GRANTED activities will support the enhancement of research
            administration and post-award management as well as the sharing
            and implementation of effective practices that lead to
            competitive proposal development for external funding in STEM
            research and training.
      --Eddie Bernice Johnson INCLUDES Initiative (NSF INCLUDES).--($37.35
            million) is a comprehensive national initiative to enhance U.S.
            leadership in STEM discoveries and innovations focused on NSF's
            commitment to diversity, inclusion, and broadening
            participation in these fields. The vision of this program is to
            catalyze the STEM enterprise to work collaboratively for
            inclusive change, resulting in a STEM workforce that reflects
            the population of the Nation.
      --Centers of Research Excellence in Science and Technology (CREST).--
            ($30.31 million) enhance the research capabilities of minority-
            serving institutions (MSI) through the establishment of centers
            that effectively integrate education and research. CREST
            promotes the development of new knowledge, enhancements of the
            research productivity of individual faculty, and an expanded
            presence of students historically underrepresented in STEM
            disciplines.
      --National STEM Teacher Corps.--($30.0 million) aims to bring greater
            attention and recognition to outstanding STEM teachers in
            today's classrooms, reward them for their accomplishments,
            elevate their public profile, and create rewarding career paths
            in which all STEM teachers can aspire, both to prepare the
            future STEM workforce and to create a scientifically literate
            public.
      --Historically Black Colleges and Universities Excellence in Research
            (HBCU-EiR).--($26.13 million) program supports projects that
            enable STEM and STEM education faculty to further develop
            research capacity at HBCUs and to conduct research.
      --The Tribal Colleges and Universities Program (TCUP).--($20.90
            million) provides awards to Tribal Colleges and Universities,
            Alaska Native-serving institutions, and Native Hawaiian-serving
            institutions to promote high quality STEM education, research,
            and outreach.
      --Alliances for Graduate Education and the Professoriate (AGEP).--
            ($9.93 million) program aims to increase the number of African
            American, Hispanic American, Native American Indian, Alaska
            Native, Native Hawaiian and Native Pacific Islander (or AGEP
            population) faculty in STEM at all types of institutions of
            higher education. The program funds projects that increase the
            understanding of institutional policies and practices to help
            doctoral candidates, postdoctoral scholars, and faculty improve
            their academic pathways to tenure and promotion in the STEM
            professoriate.
      --Build and Broaden (B2).--($8.36 million) is an innovative program
            that supports research collaborations and partnerships between
            scholars at minority-serving institutions (MSIs) and other
            institutions or organizations. B2 supports projects that build
            capacity and enhance research productivity in the social and
            behavioral sciences at MSIs; contributes to more innovative
            science by diversifying research and widening the STEM
            pathways; and broadens participation of underrepresented
            entities in STEM entrepreneurship and innovation.
      --Analytics for Equity Initiative.--($1.25 million) builds on the
            Evidence-Based Policymaking Act. Led by NSF with four
            interagency partners, this program will fund researchers to
            produce rigorous empirical research and actionable
            recommendations in equity-related topics aligned to agency
            Learning Agendas. Federal agencies and other organizations can
            use the resulting recommendations to increase the impact of
            equity-focused evidence-based strategies.
    Strengthen Research Infrastructure
        Support for Major Facilities operations and maintenance (O&M)
    ($1,120.33 million) 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
    regular O&M needs to keep a facility functional, support for upgrades,
    significant periodic maintenance, and infrastructure renewal must also
    be addressed within Facilities O&M, which accounts for over 10 percent
    of NSF's total request in FY 2025. NSF continues to explore ways to
    invest in research infrastructure, at all scales, to keep pace with
    changing technologies, increased demand by users, and expanding
    research opportunities.
        The Mid-scale Research Infrastructure (Mid-scale RI) ($192.45
    million total, comprising $134.42 in agency-wide Track 1 and Track 2
    program investments plus $58.03 million in division level programs),
    program supports research infrastructure with a total project cost
    above the upper limit for the Major Research Infrastructure program
    ($4.0 million) and below the Major Research Equipment and Facilities
    Construction (MREFC) threshold ($100.0 million). This dedicated funding
    line implements a high-priority, agency-wide mechanism that includes
    upgrades to major facilities as well as stand-alone projects.
        The goals of the Mid-Scale RI program are to:

      --Provide access to cutting-edge mid-scale research infrastructure,
            including instrumentation.
      --Enable agile development and implementation of frontier scientific
            and engineering research infrastructure with a high potential
            to significantly advance the Nation's research capabilities.
      --Train early-career scientists and engineers in the development and
            use of advanced research infrastructure.

        In FY 2025, NSF investments will support Mid-scale RI Track-1 ($4.0
    million to $20.0 million awards), funded through the Research & Related
    Activities account, and Track-2 ($20.0 million to $100.0 million
    awards), funded through the MREFC account. Both use an approximately
    biennial funding opportunity; the third solicitation for Mid-scale RI-1
    (NSF 22-637) was issued in FY 2022, with awards made in FY 2023 and
    more anticipated in FY 2024. In addition, proposals have recently been
    received in response to the Mid-scale RI-2 solicitation (NSF 23-570),
    with awards anticipated in FY 2025.
        The Major Research Instrumentation (MRI) ($82.82 million) program
    is responsible for catalyzing new knowledge and discoveries by helping
    STEM professionals acquire or develop the instrumentation needed for
    innovative science and engineering research. MRI grants support
    instrumentation in all NSF-supported research disciplines. In FY 2025,
    NSF will continue the implementation of CHIPS and Science Act
    provisions that began in FY 2023. These include waiving cost-sharing
    requirements for new MRI projects and supporting projects for equipment
    and instrumentation to conserve or reduce the consumption of helium.
        Major Research Equipment and Facilities Construction (MRFEC).--
    Construction projects that require an investment of more than $100
    million are generally supported in NSF's MREFC account. The FY 2025
    Request includes funding for two projects: the Antarctic Infrastructure
    Recapitalization program, an enduring effort that replaces the
    Antarctic Infrastructure Modernization for Science or AIMS project, and
    the Leadership-Class Computing Facility (LCCF). The MREFC account also
    supports the Mid-scale RI Track 2 program, covering projects in the $20
    million to $100 million range.

      --The Leadership-Class Computing Facility ($154.0 million) is
            envisioned as a distributed facility that will provide unique
            computational and data analytics capabilities, as well as
            critical software and services, for the Nation's science and
            engineering research community to enable discoveries that would
            not be possible otherwise. The project will deploy a
            comprehensive range of education and outreach activities that
            will expand and nurture our Nation's future STEM workforce in
            data and computational science. Construction of the LCCF,
            funded from the MREFC Account, is planned to begin in FY 2024
            now that the development and design phases, funded from the
            R&RA Account, are complete.
      --NSF manages all U.S. Antarctic activities as a single, integrated
            program, making Antarctic research possible for scientists
            supported by NSF and other U.S. agencies. Impacts of the COVID-
            19 pandemic on U.S. Antarctic Program (USAP) operations
            required construction activities at McMurdo Station to be
            suspended and caused a significant delay in the completion of
            AIMS. In the meantime, other investments in facilities and
            infrastructure on the continent have emerged as priorities that
            cannot be deferred until after completion of AIMS. As a result,
            the Antarctic Infrastructure Recapitalization (AIR) ($60.0
            million) program was conceived as a portfolio of investments in
            infrastructure across the USAP stations that will replace AIMS.
            On- ice AIMS construction will continue in FY 2025 with a focus
            on meeting near-term needs, and unfunded parts of AIMS will be
            considered for incorporation into the longer-term AIR program.
      --In FY 2025, no funding is provided for HL-LHC Upgrade ($0.0
            million) as the project is being completed. NSF investments are
            being used to upgrade components of the ATLAS and CMS
            detectors. These upgrades are approximately 40 percent complete
            and are anticipated to be finished in FY 2027.
      --In FY 2025, no funding is provided for Vera C. Rubin Observatory
            ($0.0 million) as the eleven-year construction project is
            completed. Rubin will be an 8-meter class wide field optical
            telescope capable of carrying out surveys of the entire
            southern sky.
      --Mid-scale Research Infrastructure, Track 2 (Mid-scale RI).--See
            discussion of Mid-scale RI above.
        Design of Potential New Major Facility Construction Projects.--The
    FY 2025 Request supports the continued design of a single telescope
    within the U.S. Extremely Large Telescope (U.S. ELT) program.
    Consistent with a recent statement by the National Science Board to
    fund one telescope in the ELT program, NSF will initiate an external
    expert panel to conduct a review of the two U.S. ELT projects that will
    inform NSF's decision of which project will remain in the Major
    Facility Design Stage. A future decision remains about whether to
    advance that project to Construction, pending completion of the Final
    Design Phase.
                               research security
        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 National Science and
    Technology Council's Research Security Subcommittee, co-chaired by NSF,
    issued implementation guidance for National Security Presidential
    Memorandum 33 (NSPM-33) on National Security Strategy for United States
    Government-Supported Research and Development. The August 2022 CHIPS
    and Science Act contained several research security provisions that NSF
    is implementing. NSF participation in discussions with the U.S.
    research community and with international colleagues and development of
    common frameworks for understanding research security are major
    components of the NSF Research Security activity, which is expected to
    continue to grow in FY 2025. Specific activities include:

      --As required by Section 10338 of the CHIPS and Science Act, NSF will
            establish the Research Security and Integrity Information
            Sharing Analysis Organization, to be known as the SECURE
            center, which will serve as a clearinghouse for information to
            empower the research community to identify and mitigate foreign
            interference that poses risks to the U.S.-funded research
            enterprise. The SECURE Center will share information and
            reports on research security risks and provide training to the
            research community. NSF aims to grant a SECURE Center award
            through cooperative agreement(s) by the end of FY 2024,
            officially standing up this Center in FY 2025.
      --NSF will fund a Research on Research Security (RoRS) workshop on
            May 23-24, followed up with a RoRS funding program in FY 2025.
            The primary goals of the program will include assessment of the
            characteristics that distinguish research security from
            research integrity, improving the quantitative understanding of
            the scale and scope of research security risks, developing
            methodologies to assess the potential impact of research
            security threats, and assessing the additional research
            security risks in an innovation system that includes more use-
            inspired research rather than staying well within the bounds of
            fundamental research.
      --NSF will continue to scale up its analytic capabilities to
            proactively identify conflicts of commitment, vulnerabilities
            of pre-publication research, and risks to the merit review
            system in NSF proposals and the Small Business Innovation
            Research due diligence process in FY 2025.
      --Through a partnership with the Federal government interagency
            community, NSF published research security training modules for
            the research community in FY 2024. NSF will continue to fund
            the delivery of these modules and assess if more are required
            in FY 2025.
      --As required by Section 10339B of the CHIPS and Science Act, NSF
            will develop and implement a new framework and IT system to
            begin to collect Foreign Financial Disclosure Requirements
            (FFDR) from NSF recipient institutions of higher education in
            FY 2024. NSF will refine the collection and analysis of these
            reports to enable OCRSSP to identify potential threats in FY
            2025.
      --NSF will develop and implement a new policy to review NSF proposals
            for national security concerns in FY 2024. As part of the new
            policy, NSF will develop TRUST, Trusted Research Using
            Safeguards and Transparency, comprised of risk-based indicators
            to inform the basis of this decisionmaking process. NSF intends
            to pursue and implement mitigation measures to address and
            minimize risk. NSF will begin a pilot program in summer FY 2024
            and will continue the pilot program through FY 2025.
             sexual assault and harassment prevention and response
        The success of the science and engineering enterprise depends on a
    safe research environment free from sexual assault and harassment, and
    NSF is dedicated to doing everything within the agency's power to
    achieve that. NSF has taken several steps to ensure that the United
    States Antarctic Program (USAP) is an environment that is free from
    sexual assault and harassment, and this continues to be a priority for
    the agency going forward. In 2022, NSF established a Sexual Assault and
    Harassment Prevention and Response (SAHPR) office to serve as a single
    focal point for this issue. We issued the Action Plan for Antarctica
    and established the SAHPR Task Force who were tasked with carrying out
    that Action Plan, which was implemented through a series of activities
    over the next year; all Action Plan items were completed by the end of
    that season. An on-ice victim advocate was deployed to Antarctica in
    October 2022 and listening sessions with USAP participants were held
    from December 2022 through February 2023. NSF established
    saferscience@nsf.gov in January 2023 as a single resource line for the
    NSF community who experienced sexual assault or harassment and all
    physical safety upgrades were completed by the end of February 2023. In
    April 2023, the NSF Antarctic 24/7 Helpline was added as an additional
    resource for the community and a supplement to the advocate, counselor,
    chaplain, and marshal stationed on the continent. These are only the
    initial steps NSF is taking in Antarctica, and changes to address the
    community's needs will continue to be made on an ongoing basis.
        In parallel to these and other actions, NSF has used, and continues
    to use, other levers available in the Antarctic Support Contract to
    address this issue. NSF ensured that contractors understood the
    expectation that they and their sub-contractors must adhere to the
    codes of business ethics and integrity that are part of the Federal
    Acquisition Regulation. NSF also made necessary contract modifications
    clarifying the scope of required reporting of sexual assault and
    harassment, increasing reporting requirements to a quarterly basis, and
    expanding the level of detail to be reported. In September 2023, we
    added a SAHPR Office contact for streamlining reporting, and more
    recently, a Special Assistant for SAHPR Program Implementation was
    appointed within the Office of the Director. NSF is continuing to work
    to ensure that a range of support and reporting mechanisms exist so
    that everyone in the USAP community knows how to reach the type of
    support they need.
        Many of these changes come directly from engagement with, and
    suggestions from, the USAP community. NSF is grateful to the community
    and hopes that they will continue to share their thoughts and ideas.
    The agency knows that there is more to do and that this must be a
    sustained effort, not just in Antarctica but throughout the research
    enterprise. While the SAHPR Action Plan was designed for Antarctica,
    and that continues to be its primary focus, NSF is also moving into a
    broader implementation phase that goes beyond specific responsibilities
    for the US Antarctic Program to ensure a unified agency approach.
    Ensuring a safe, harassment-free environment for researchers will
    continue to be a priority for NSF.
                  improve access to america's statistical data
        Consistent with recent executive orders that highlight the
    importance of objective and trustworthy data and in alignment with the
    intentions of recent legislation, NSF is supporting efforts to
    streamline secure access to Federal data and build capacity for all
    individuals to use these data to inform critical policy and research
    discussions. Key investments include continued leadership of
    government-wide evidence-building activities and initiatives such as
    continued management of the Standard Application Process portal for
    applying to access confidential data from statistical agencies and
    units. FY 2025 funding will support expansion of this portal in
    features, usability, agency participation, and datasets. In addition,
    this funding will support the National Secure Data Service
    demonstration project. This demonstration project was authorized in the
    CHIPS and Science Act of 2022. FY 2025 work will continue to support
    the testing of a secure computing space as well as data concierge
    services and privacy-preserving technologies to expand the utility and
    use of Federal statistical data for evidence building.
                                   conclusion
        This is a critical moment for the Nation's leadership in science
    and technology. Our ability to compete internationally, to power our
    economy, to foster a dynamic workforce, and to enhance our national
    security relies on sustained investments in the STEM enterprise and the
    American people who make it successful. The President's Fiscal Year
    2025 Budget Request affirms the Administration's commitment to
    investing in the science and engineering research that makes that
    possible. It is an investment in our nation's leadership, in the future
    of our workforce and economy, and in the role our nation plays as an
    international leader in discovery and innovation.
        Thank you for the opportunity to testify before you today. With the
    continued support of this Committee and Congress, NSF stands ready to
    build on the CHIPS and Science Act and more than seven decades of
    investments to continue to strengthen our nation's progress, support
    our economic and national security, and foster opportunities everywhere
    so that innovation can happen everywhere, at speed and scale.

        Senator Shaheen. Thank you both very much for your
    leadership and for your enthusiasm. We will now go to
    questions. Each member will have 5 minutes for questions in
    this round, and we will take members in the order of arrival
    beginning with myself and Senator Moran.
        Administrator Nelson, I really appreciated the opportunity
    we had yesterday to talk about some of the challenges that NASA
    has given the fiscal constraints we're under. As you pointed
    out, we can't get everything done that we want to get done in
    the current fiscal environment. And on a bipartisan basis, we
    made the decision to prioritize the Artemis campaign because of
    the importance to scientific exploration and national security.
        But as we know, the decision came at the expense of a
    number of other NASA directorates and as well as agencies
    across the CJS Bill. So, one of the things that I hope you will
    share with the Committee is what NASA is doing to hold
    contractors accountable for cost overruns and for scheduling
    delays.
        Because as the NASA Inspector General estimates, that the
    first four Artemis launches will cost $4.2 billion each, not
    including $42 billion in formulation and development costs over
    the past 12 years. So, I think it's important that Congress and
    the American people know that we're doing everything we can
    both to support those missions, but to make sure they're as
    cost effective as possible.
        Senator Nelson. Absolutely, Madam Chair. And as a matter of
    fact, that was one of the reasons that, many moons ago, we
    passed the NASA Act that set us off on the dual course with
    commercial partners. And so, as we go back to the moon in order
    to go to Mars, we go back with not only international partners,
    but commercial partners.
        And the lander for the moon is being done by two commercial
    companies. The first competition was won by SpaceX, the second
    by Blue Origin. And in each case, the estimated cost of the
    lander was borne one-half by the commercial company, both
    SpaceX and Blue Origin. In other words, that cost NASA half.
        Senator Shaheen. And can you speak to the dollar savings?
        Senator Nelson. Sure. In that, as a matter of fact, the
    winning bid on the SpaceX was roughly--no, let me say this,
    SpaceX had offered $3 billion. That would be NASA's cost. The
    next two competitors offered $6 billion and $8.5 billion
    dollars.
        So, if you take a target of $6 billion, SpaceX is paying
    for half of the lander. The same thing happened in the second
    competition that Blue Origin won. And of course, SpaceX was not
    a part of that. And basically, Blue Origin's part of the
    lander. In their case, it was roughly $3 billion as well.
        Now, but you're asking a question about all of the science
    issues, and I'm happy to report to you that in the 2023, 2024
    development projects, of the 16 major projects, excluding Mars
    Sample Return, and we can talk about that of the 16, only 4 are
    behind time schedule.
        Senator Shaheen. Well, I was really asking about the space
    mission, the Artemis Missions as a whole. And given the high
    cost, has NASA considered an independent review board for
    exploration? I came on late into the James Webb Telescope
    development, but I know that when the independent review board
    was set up, that that's when that project really started moving
    and the cost stayed within the constraints that we had.
        So, do you think that it would make sense to look at
    something like that as we're looking at the space mission
    overall?
        Senator Nelson. We are constantly having other eyes come
    in. There has been a GAO report. There has been the Inspector
    General's report. The fact is that when you go to the moon in
    order to go to Mars, it's hard. And that's what President
    Kennedy said at Rice University. He said, we go to the moon,
    not because it's easy, but because it's hard.
        And I would call to your attention, since you're
    specifically asking about Artemis, that Artemis, they're saying
    it's $4 billion a copy, but that's all the development costs
    are in there. The more that you fly out Artemis, then you're
    going to amortize that cost and your costs are going to come
    down.
        We have done other things. There were 16 contracts on the
    Artemis program. We are trying to consolidate that in just a
    few contracts so we can get greater responsibility and cost
    control.
        Senator Shaheen. Thank you. I'm over time, but we can come
    back to this in the next round.
        Senator Moran.
        Senator Moran. As I walked in, Senator Shaheen apparently
    was asking a question that I intend to ask, so I look forward
    to that further conversation. Let me continue, though,
    Administrator, with Artemis. Given the national security
    implications of China and the South Pole of the Moon, do you
    agree that Artemis is the priority of NASA as we go through our
    appropriations process?
        Senator Nelson. It is clearly one of the top priorities
    because of the geopolitical situation that we are in a space
    race. But it portends something else. The reason we're going
    back to a different part of the moon, the South Pole, is we
    know there is ice in the crevices of the rocks that are
    constantly shattered. We have a probe on a commercial lander
    going later this year that is going to dig and see at the South
    Pole if there's water.
        If there is, then there is rocket fuel; hydrogen, and
    oxygen, and that becomes a very one valuable resource. That's
    why China is going to the South Pole as well. And my concern,
    as I've stated publicly, so this is nothing new, that if we let
    China get there first, mindful of what China has done on terra
    firma, namely, go to the South China Sea, the Spratly Islands,
    saying this is now ours. Stay out everybody else, I'm concerned
    that they might--you can tell where a fella's going by where he
    is been, and that's my concern.
        Senator Moran. Senator Nelson, let me remind you of your
    days of being the United States Senator. The clock only gives
    me 5 minutes. Let me add to the Artemis conversation. The
    budget request indicates that there will be a further delay in
    the launch dates on Artemis II, slipping to September 2025, and
    Artemis III launching no earlier than September 2026.
        How confident are you in those dates for Artemis II, and
    III, and subsequent missions?
        Senator Nelson. First of all, we don't fly until it's ready
    because of the safety of our astronauts. We think that
    September of 2025 for Artemis II is a realistic date,
    obviously, September of 2026 for Artemis III, which as you
    think about it, and I want this in the record, Artemis III, if
    you compare it to the Apollo program, is a combination of
    Apollo 9, 10, and 11, which was the landing on the moon and
    part of Apollo 8 that orbited the moon 10 times.
        And so, it is a difficult task, and if we land, it is
    dependent on SpaceX having their lander ready. Now, they have
    hit all of their milestones, and in a couple of weeks, they're
    going to launch that huge rocket that has 33 Raptor engines in
    its tail. And they're going to do more showing the space
    worthiness of it. It is my hope that SpaceX will be ready with
    their lander.
        Senator Moran. Thank you. Dr. Panchanathan, I mentioned in
    my opening statement that this week Senator Cantwell and I
    introduced legislation to ensure that NSF is supporting
    artificial intelligence education, particularly in rural areas
    of the country.
        Among other provisions, the NSF AI Education Act would
    support scholarships for undergraduate and graduate students
    who are studying artificial intelligence, including as it
    pertains to education, agriculture, and advanced manufacturing.
        It also supports the provisions of AI resources to colleges
    and universities around the country with an emphasis on EPSCoR
    universities, tribal colleges, historically Black colleges and
    university, among other institutions. I just would like your
    reaction for the record to that legislation.
        Dr. Panchanathan. Thank you so much, Senator Moran. This is
    a fantastic opportunity for us to really scale rapidly the AI
    workforce. Let me give you a concrete number. We would need 3
    million AI workers trained as early as 2026 in our country. We
    cannot wait. Our competitors are out competing and out
    innovating. This is not the time to slow down. This is the time
    to accelerate, and accelerate really fast.
        These investments are very critical in AI because it
    impacts every sphere of what we do, whether it's agriculture.
    You mentioned agriculture. We launched 25 AI institutes in the
    last 3 years, and let me underscore that with we invested, at
    NSF, $300 million. We've got partnership investments of $200
    million, including from the private sector.
        This model of public-private partnership is how NSF is
    advancing in these critical areas. So, I'm very grateful for
    what you have done, and I think this is timely, important, and
    I would say very urgent.
        Senator Moran. I wasn't too concerned with you going over
    time as I was with Senator Nelson since you were endorsing my
    legislation.
        [Laughter.]
        Senator Moran. Thank you very much.
        Senator Shaheen. Thank you, Senator Moran.
        Senator Peters.
        Senator Peters. Thank you, Madam Chair, and thanks to both
    of you for being here as witnesses, but also all the great work
    that you do each and every day.
        Dr. Panch, I certainly share your belief that AI holds
    incredible promise for economic opportunity and human
    advancement, and that's why I want also want to applaud your
    budget's planned investments in this technology. Certainly, you
    are leaning in heavily, and it's quite apparent from your
    testimony, you're quite enthusiastic and passionate about it as
    well, which we appreciate.
        It's also why, through last Congress, I championed the AI
    Scholarship-for-Service Act which passed as part of the CHIPS
    and Science Act back in 2021. My bill requires NSF to study the
    feasibility of starting a scholarship-for-service program on
    AI, and it found to be feasible to carry out that program.
        So, my question for you, sir, is can you provide an update
    on the status of the feasibility study and speak to the
    potential positive impact of an AI scholarship-for-service
    program similar to NSF CyberCorps Scholarship for Service that
    you currently have?
        Dr. Panchanathan. Thank you, Senator. That's a very
    important question. I just want to underscore that the
    CyberCorps program has been hugely successful. Again, needing
    scale, but hugely successful.
        So, this model of doing that for AI is an excellent idea.
    And to the point that you raised on the CHIPS and Science Act
    about delivering the report, we are about to deliver the report
    to Congress on the implementation and the feasibility of such a
    program.
        I would say that the initial conditions are extremely
    favorable for us to engage in this kind of, you know, AI
    scholars program, because I think our country needs AI in every
    sphere, as I said, particularly in Federal Government, in
    provincial government, State governments, as well as other
    aspects.
        We need a huge number of well-trained, skilled, technical
    workforce, and advanced trained workforce. So, this is very
    well placed, and you will have the report submitted soon to
    Congress. So, we are on our way in terms of developing that in
    response to the CHIPS and Science Act.
        Senator Peters. Great. We'll look forward to looking at
    that, and then making sure we're making the investments we need
    to make it a reality. I appreciate that.
        And my only ask for you is as you're working to implement
    the Act, I would certainly like to invite you to Michigan to
    see some of the amazing scientists we have. I know you have
    some connections to the University of Michigan.
        Dr. Panchanathan. Yes.
        Senator Peters. But we have a number of great universities
    and really some amazing high tech innovative startups,
    particularly in AI. And if you're willing to come, we would
    love to host you.
        Dr. Panchanathan. I would love to be there. There are four
    AI institutes where Michigan universities are participating
    just to put this over the 2025, which is very exciting. That's
    what AI Institute do. They bring every part of our Nation. And
    so, I'm excited to come with you, sir.
        And there are many other investments, not only in the
    University of Michigan, Michigan State, but all the
    institutions in Michigan. We believe that it should be all of
    the institutions building, bringing the capacity for our Nation
    at this important time. Thank you so much.
        Senator Peters. Great.
        Dr. Panchanathan. And I accept the invitation.
        Senator Peters. Excellent. Well, we'll be sure to provide
    that shortly.
        Administrator Nelson, great to see you again in the halls
    of Congress. I certainly enjoyed immensely serving with you
    here in the Senate. But I know you're incredibly happy where
    you are. It's a lifelong passion of yours.
        As you know, NASA and the space program success are
    absolutely dependent on having a strong supply chain. And I'm
    proud that Michigan is a top 10 State in aerospace
    manufacturing, and it is home to over 900 aerospace-related
    companies, and continuing to grow especially given how we know
    how to make things in Michigan.
        Advanced manufacturing is a key component of our
    competitive success, globally. And that also includes
    components for rockets in spacecraft that we're going to need
    for missions like Artemis II and others. So, my question for
    you, sir, is first off, will you come to Michigan to visit with
    some of these amazing manufacturers? But also, would you talk a
    little bit how NASA's dollars are supporting our small to
    medium domestic manufacturers, not just the big ones we all
    think about, and how we have to do more to have that incredible
    innovation that comes out of these smaller companies?
        Senator Nelson. As we discussed, I'm coming in July. Look
    forward to it. Just on the Artemis program to the moon, you
    have 44 Michigan companies that are suppliers. By the way, we
    take very seriously the Buy American Act and the Executive
    Order that is similar. And so, I'm looking forward now on small
    suppliers.
        I don't have the percentage in my head, but NASA has made a
    real effort over the time of these big space contracts that a
    certain percentage of that does go to small businesses. And I
    can get the specific small businesses in Michigan that would be
    a part of that, but overall, nationwide, it's a fairly sizable
    percentage.
        And that's why each year when the Small Business
    Administration does their scorecard, you will see that NASA
    comes out very well.
        Senator Peters. Great, thank you. Thank you for your
    continued efforts on that.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Peters. We could keep
    both of you busy all the time visiting our States.
        Senator Kennedy.
        Senator Kennedy. Thank you, Madam Chair.
        I have listened to each of you gentlemen with admiration.
    Thank you for your intellect and your service. Mr.
    Administrator, I know I don't need to tell you about the
    Michoud Assembly Facility in Louisiana. We are NASA's rocket
    factory. We're very proud of it. A few years ago, a hurricane
    blew our roof off, and you helped us to get it repaired. And I
    want to thank you for that, Mr. Administrator.
        I want to ask for your help with our administration
    buildings. Building Number 1 and Building Number 2, they were
    built, I think, in 1943. We're spending about $1 million a year
    in repair costs. We've certainly reached the point of
    diminishing returns. Can you help us get some new buildings
    there?
        Senator Nelson. I can help you, but I need your help too.
    We have $5 billion of unfunded infrastructure needs. Give you
    an example. Last year, I was begging, and borrowing, and
    stealing to get the money for a little old bridge between
    Virginia and Maryland, so it wouldn't fall in the water. And we
    couldn't launch our rockets from Wallops Island, Virginia. And
    we shouldn't have to do that. I was trying to cut deals with
    Senator Richard Shelby in order to get that because it was a
    priority. But we've got $5 billion----
        Senator Kennedy. You can cut a deal with me.
        Senator Nelson. Well, let me tell you, you've got 2,600
    NASA employees in Louisiana. You've got that machine facility.
    You've got 13 companies that are directly working on Artemis.
        Senator Kennedy. Yes.
        Senator Nelson. And need the body of that rocket is built
    right there, outside of New Orleans.
        Senator Kennedy. Well, if we get you some funding for the
    infrastructure that we know you need, I hope you'll keep our
    need in mind with respect to those two administration
    buildings.
        Let me ask you about your work on the Mars habitation and
    life support systems. I know we talked about it in past
    Committee testimony, and we had some language in the
    Appropriations Bill. Basically, you've got a manufacturer, as I
    appreciate it, mockup, and eventual habitats for your missions
    to Mars. Is that right?
        Senator Nelson. I think you're referring to where we put
    people in an enclosure and try to simulate what it would be
    like----
        Senator Kennedy. Yes.
        Senator Nelson [continuing]. For a year----
        Senator Kennedy. Yes.
        Senator Nelson [continuing]. On the surface of Mars?
        Senator Kennedy. Yes.
        Senator Nelson. That is going on. Yes.
        Senator Kennedy. Can assembly centers like Michoud play a
    role in that?
        Senator Nelson. If I recall, is going on at the Johnson
    Space Center in Houston.
        Senator Kennedy. Yes, sir. We can do it better.
        Senator Nelson. Well, I'm always for better, faster, and
    cheaper.
        Senator Kennedy. That's me, too. Let's look better, faster,
    cheaper.
        Senator Nelson. There you go.
        Senator Kennedy. Let's sit down and talk.
        Senator Nelson. Okay.
        Senator Kennedy. Okay. Finally, in the time I have left,
    tell me about your SLS heavy-lift rocket for the Artemis
    missions.
        Senator Nelson. Well, the core of it is built right in
    Louisiana.
        Senator Kennedy. Yes, sir.
        Senator Nelson. Then, they stack the engines on it. They
    barge it up to not too far across the Louisiana-Mississippi
    line to the Stennis Space Center. They test the rockets, and
    then, the assembled core of the rocket is barged to the Kennedy
    Space Center where then, vertically, it is stacked in the
    vehicle assembly building.
        This next Artemis II that will go next year will start to
    be stacked this summer. The solid rockets first, and then, the
    core stage that's made in Louisiana will be done this fall. We
    tested it without a crew. The rocket performed flawlessly. It
    was so good that we did a whole bunch of additional tests.
        But now the test is to put four human beings in that
    spacecraft on the top of the rocket. And that's the next
    mission; to check out all the life support systems in the
    spacecraft, which is the capsule on top called Orion.
        And then, the third one is where we go into lunar orbit.
    They transfer into a SpaceX lander. It goes down, they stay 6
    days on the surface. We're only going to send two of four
    astronauts down. They come back and rendezvous in lunar orbit,
    and then come home.
        Senator Kennedy. My time's up. Doctor, thank you for your
    service.
        Dr. Panchanathan. Thank you.
        Senator Kennedy. Don't forget Louisiana.
        Dr. Panchanathan. Thank you. I would love to come and visit
    Louisiana.
        Senator Kennedy. You welcome anytime.
        Dr. Panchanathan. One of the 10 regional innovation
    engines--Senator, last time you asked the question, if I can
    just take a minute.
        Senator Kennedy. Sure. Take all the time you need.
        Dr. Panchanathan. You said to me, we need to make sure that
    opportunities, ideas, talent is everywhere. We need to energize
    it everywhere.
        Senator, I'm very pleased to report that one of the 10
    regional innovation engines, type-2, which is a large scale on
    energy, is in Louisiana. And we have launched it, and we were
    very happy to do it with the Governor in an event that happened
    in Louisiana.
        So, I just wanted you to know that in addition to that, we
    have also got the national AI research pilots and University of
    Louisiana at Lafayette is one of those projects. So, you'll be
    happy to know that we are taking this message of the entire
    Nation has got capacity to contribute and we should leverage
    that. So, I just wanted you to know.
        Senator Kennedy. Thank you, sir.
        Dr. Panchanathan. Thank you.
        Senator Shaheen. Thank you, Senator Kennedy.
        Senator Heinrich.
        Senator Heinrich. Administrator Nelson, you and I have
    talked about this before, but I am very concerned about the
    NASA caused damage to New Mexico's groundwater at the White
    Sands Test facility NDMA, TCE. And I've raised with this with
    you in the past, but I want to be very clear that NASA needs to
    get this wrapped up and compensate the State of New Mexico.
    What's the status of your settlement negotiations with the New
    Mexico Natural Resources Trustee?
        Senator Nelson. We have spent $200 million, to date, to
    investigate and address the groundwater issue. We continue to
    investigate the sources of contamination, and NASA continues to
    work closely with DOJ and your New Mexico scientific agency,
    environmental agency, on what needs to be done to meet the
    final settlement discussions.
        Senator Heinrich. Okay. Before I was in Congress, I was the
    New Mexico Natural Resources Trustee, and I've got a lot of
    experience with Federal agencies really moving very slowly in
    those negotiations. So, I would urge you to simply try to get
    to yes, and make sure it's on a reasonable timeline because
    there is nothing more valuable to New Mexicans than their
    water.
        Senator Nelson. Absolutely. We've done this in other
    States, and I can tell you straight up that we will continue
    this in New Mexico.
        Senator Heinrich. Thank you, Administrator.
        Dr. Panch, talk a little bit more about the National AI
    Research Resource, and specifically, how important do you think
    it is to pass things like the CREATE AI Act that will build on
    that momentum?
        Dr. Panchanathan. Thank you very much, Senator, for the
    important question. First of all, I want to express my
    gratitude for your leadership as a co-chair of the AI Caucus
    and the CREATE AI Act. And also thank you for being present in
    the showcase that we had on the AI Institute.
        You saw firsthand----
        Senator Heinrich. It was incredible.
        Dr. Panchanathan [continuing]. The 25 AI institutes, the
    people, the ideas, the translation, the new companies that are
    emerging. So, on the NAIRR, to answer your question on the
    NAIRR, as you know, we had 90 days from the Executive Order of
    President Biden, 90-day timeline that was given to us to launch
    a NAIRR pilot.
        And this is an inter-agency effort. All agencies working
    together. I'm so proud to say, in 90 days, we got 12 Federal
    agencies, NSF, DOE, NASA, and all of the Federal agencies
    working together. And now on top of that, we have 25 non-
    Federal, non-government agencies as part of the NAIRR pilot.
        So, we put in $30 million as part of the pilot. We got, you
    know, the who's who in AI, you know, Nvidia put in $30 million,
    Microsoft $20 million, of resources, and $10 million from
    Amazon, everybody. And so, this is a phenomenal accomplishment,
    I would say.
        But it also testifies to the fact there's so much interest
    in wanting to have this done. Why is NAIRR important, to your
    question, again? We cannot have where AI talent and ideas are
    everywhere, that only the haves have the ability to be able to
    exercise those ideas because they have access to resources.
    It's got to be for everyone.
        So, we unleash every possible idea and innovation all
    across our Nation. That's why NAIRR is very, very important.
    So, we need to go to full scale NAIRR very, very quickly. And
    so, the CREATE AI Act, I'm so grateful for your leadership and
    in Congress because that's also what's going to get us the near
    investments in time.
        And I can assure you, it'll not be just only Federal
    investments. We will bring, like what you have shown in the
    pilot, companion investments to make sure that we are
    unleashing every possible idea, talent, and innovation across
    our Nation.
        Senator Heinrich. When you look at some of the co-sponsors
    from across the aisle that have joined us on that CREATE AI
    Act, it's that idea of democratizing this to every State that
    is very appealing to them.
        I want to touch on something that's related to that, and
    that's the EPSCoR Track-1 Program, because it gave States like
    New Mexico a fair shot at securing Federal research dollars.
    And the decision to do away with EPSCoR Track-1 has been a real
    blow to New Mexico in particular.
        I want to see the New Mexico EPSCoR State Office funded.
    And I want to ask you, will you work with me to get this done
    with some sort of bridge funding while you sort out how to fill
    the gaps that were created by doing away with EPSCoR Track-1.
        Dr. Panchanathan. Senator, just I want to characterize this
    right. What we have done with EPSCoR is not doing away with
    EPSCoR. What we have done is, in fact, expanded, enriched,
    empowered more, but we didn't want one.
        Senator Heinrich. But it has resulted in the New Mexico
    office not being funded.
        Dr. Panchanathan. I'm happy to sit and talk about this, to
    your request. I'm happy to do that any time because I just want
    to make it very clear what we are trying to do is to expand
    even more opportunities. I talked to Senator Reed about this
    too. Even more opportunities, not just only one EPSCoR
    jurisdiction funding, but through the E-CORE and E-RISE
    programs, and EPSCoR Fellowship Program, that we are able to
    have many institutions and many more such grants being made
    possible to EPSCoR States. I want to make that very clear.
        Senator Heinrich. That sounds great, but that's not been
    our experience.
        Dr. Panchanathan. So, I know that any transition, as you
    can imagine, any transition--right now, we are already
    announcing the next round of EPSCoR, the E-RISE, and E-CORE
    programs. I understand that any transition may have some
    challenges, which are individual, and I'm happy to address them
    like, as Senator Reed, too. I'm happy to address them.
        I'm happy to talk to you on the specific things and happy
    to see what we can do. Because my objective, and I want to be
    very clear about this, when I said this in my remarks, we
    exceeded the--when I came into this office, in into this role,
    EPSCoR percentages were about 13 to 14 percent of the NSF
    funding.
        This year, sir, our CHIPS and Science allocation was 15.5
    percent. It's what we were supposed to meet. We exceeded. We
    were at 15.9 in fiscal year 2023, and I expect that we're going
    to continue in fiscal year 2025, it's going to be 16.5. I
    expect that we are going to outperform because I am a firm
    believer that talent and ideas are all across our Nation.
        Everything that we do at NSF, you can test this, it's not
    just words, it is actions, whether it is AI institutes, whether
    it is EPSCoR, that we want to make sure that talent and ideas
    are energized. So, any systemic issues that precludes this
    principle of expansion, we are happy to take that and see how
    we can be helpful.
        Senator Heinrich. Thank you.
        Senator Shaheen. Thank you, Senator Heinrich.
        Senator Reed.
        Senator Reed. Well, first welcome Senator Nelson. May I
    call you that? But I want to follow up on Senator Heinrich's--
    he asked you a very specific question. Are you going to build
    in resources so that we can keep operating EPSCoR in New Mexico
    and Rhode Island and not close the offices in August?
        Dr. Panchanathan. The E-CORE Program, Senator, is about
    capacity building. It is about exactly that. So, the two
    flavors that we have, or E-CORE and ERIs, this was based on a
    congressional report that was submitted by our Committee of
    Equal Opportunity. It's a congressional report-based
    recommendation.
        There are two programs, I just want to be very clear. One
    of them is capacity building continuing to have that kind of a
    support for being able to have E-CORE successes. The other ERIs
    is about the State SNT plans and how we might then have groups
    incubated to expand the science and technology capabilities of
    the region also. So, that's what these two flavors are, and the
    fellowships are focused on individuals. So, all three are meant
    not to close down, but expand and enhance. So, I just want to
    make sure that it's not misunderstood.
        Senator Reed. So, you've not answered Senator Heinrich's
    question. You've not answered my question. Are you going to
    make provisions so that the EPSCoR offices will not be forced
    to be closed in August or so in----
        Dr. Panchanathan. That is a transition----
        Senator Reed [continuing]. Rhode Island and several other
    places. This your rollout has not been successful, to be blunt,
    because we're seeing now EPSCoR programs evaporate in the very
    States that we placed them in because we don't want every
    nickel from NSF going to MIT, and Stanford, and all the other
    big research institutions.
        Dr. Panchanathan. It is not happening, Senator, with all
    due respect. In fact, when I talk about the EPSCoR percentages
    increasing, it doesn't go to MIT. It in fact goes--we can, in
    fact, share all the----
        Senator Reed. That's because we wrote it, et cetera. And
    you are eroding that base. When our office has to shut down in
    New Mexico or Rhode Island, then the all the mechanisms to
    apply for EPSCoR, to engage in EPSCoR are essentially gone.
        Dr. Panchanathan. You have my word, Senator, that we will
    work with you. You said, I have not answered the question. I'm
    answering the question that we will work with the States. In
    fact, yesterday had a conversation with----
        Senator Reed. Well, I know you did, and it appeared to me
    is just telling them how screwed up they were, which is not
    what I expect the Federal agency to do to my State.
        Dr. Panchanathan. No, it was not. I think the
    specifications that we had about how the proposal should be
    submitted was not followed and we are trying to see how we can
    get that done. And as I said, I will make sure that we will not
    back away from building the capacity in the EPSCoR States.
        You know, you're saying I'm not answering the question. I
    will go back and look at what the transition funding for those
    offices to continue operating so that we might not lose this
    bridge. And I'm giving you that.
        Senator Reed. Let me go back to another question, is how
    did you help these States to prepare for the new EPSCoR?
    Because the results are less than encouraging. I mean, we have
    a lot more time spending on administration figuring out the
    programs, what's new, what's not. And that's taking away from
    some of the substantive issues that you have to deal with in
    EPSCoR. You know, I just don't see an improvement here at all.
        Dr. Panchanathan. So, you asked about the help that we are
    providing. We, in fact, have launched a new program called
    GRANTED, which is focused on helping those States to be
    successful by providing all the information that they need in
    terms of putting successful grant proposals together.
        So, in fact, even as of yesterday, we are having constant
    conversations, and people, I'm sure, in your State, will
    acknowledge the fact that we are having those conversations to
    see how we can build this capacity and have those successful
    proposals constructed.
        Senator Reed. Well, from our perspective, what we're seeing
    is these new awards are for less money and for shorter periods
    of time. And fewer applications seem to be successful which to
    me is not indication of a program that's being well-run.
        Dr. Panchanathan. I'm happy to share the details of the
    program. You'll see that it is about ultimately getting to have
    a lot more investments in EPSCoR jurisdictions because if
    you're going to follow the percentages of EPSCoR allocations,
    clearly you can see as the budget scales, we have already
    increased it to 15.9. And if you're going to 20 percent, it is
    going to be more investments in EPSCoR States, not in non-
    EPSCoR States, or the institution that you mentioned. It is not
    about that. It is in fact increasing the investments. So, it is
    not going to be about taking away from anything in EPSCoR for
    anything outside of EPSCoR.
        As I said, I'm happy to have further conversations with
    your staff, with you, and share data to make sure that you feel
    that this is not something that is minimizing or marginalizing
    in any way. The EPSCoR focus----
        Senator Reed. Well, Director, we will have those
    discussions. But I'd like to see the results in the field, not
    discussions over a conference table in Washington, or a phone
    call to Rhode Island. Thank you.
        Dr. Panchanathan. Thank you.
        Senator Shaheen. Thank you, Senator Reed.
        Let me just say Director Panch, I share the concerns about
    EPSCoR. Under the CHIPS and Science Act, for fiscal year 2025,
    the target is 16.5 percent of research funding and 20 percent
    of scholarship and fellowship funding. And I don't know if you
    know exactly where we are in trying to meet those goals and how
    long it will take, but it is a real concern that I think we
    need to discuss further.
        Dr. Panchanathan. Happy to, Madam Chair. But, as I said, in
    2023, we exceeded the goals, and in 2024, we are on track to
    exceed the targets also.
        Senator Shaheen. Thank you. Administrator Nelson, I want to
    go back to the discussion about how we keep cost overruns and
    scheduling concerns in check. Does NASA ever withhold payments
    for contractors who are going over or don't meet the
    requirements of the contract?
        Senator Nelson. Yes, ma'am. An evaluation is done on their
    performance. If they met the goal, then there's a certain
    payment that they get. If they didn't meet the goal, then they
    are docked.
        Senator Shaheen. And as you're looking at Artemis V and
    beyond, has NASA considered thinking about commercially
    competing those launch services as well, given the success that
    you've had to date?
        Senator Nelson. They are already competed. As a matter of
    fact, the schedule that is going on, Artemis III, is the first
    landing. That's a SpaceX lander. Artemis IV, a taller, more
    powerful rocket with more payload, but a landing as well.
    That's SpaceX.
        But Artemis V is Blue Origin, and that is as a result of
    the second competition that I insisted on as I inherited NASA
    with only one award. And so, yes, and that's where we got the
    savings of approximately half the cost of the lander in both
    competitions.
        Senator Shaheen. Thank you. Director Panch, as I said in my
    opening statement, the NSF in the President's budget request
    would have your budget increase by more than 12 percent. Can
    you talk about what you would like to do with that funding, if
    it does in fact, get through the process?
        Dr. Panchanathan. So, first of all, thank you so much for
    that question. NSF's budget of 2023-2024, you know, this was
    cut by 5 percent, but with the one-time allocations that we had
    done, because of the kind of--I wanted to clearly state, it
    ended up being an 8 percent cut for us related to 2023.
        Now, if you look at the escalation of costs in terms of,
    you know, salaries and other things that happens, this is
    really a 10 percent cut to the budget, which we have been
    trying to manage in 2023. So, when we talk about the 2025
    budget, and I hope that you know, that it would be a minimal
    investment that is made because we are essentially catching up.
    The 10.12 would be just a marginal improvement over what our
    '23 budget will have been. So, this is the real serious problem
    that we're facing in our country today.
        Now, at the same time, as we are having this going on,
    China invested 10 percent more in their science budget with
    fundamental discoveries and outpacing United States. So, this
    is not a good thing for us. In fact, I would argue that we are
    handing our competition in a silver platter to our competitors,
    especially our adversarial competitors. So, this is not the
    time for us to do that. So, that's the first point I want to
    make.
        Having said that, now to address your question, clearly, we
    need to now make sure that our investments in the fundamental
    core research programs which have been cut, you know, because
    of this significant cut, as well as the Graduate Research
    Fellowship Program, which has been scaled down, have to be
    brought back to what it should be. In fact, it should be much
    more than that. That's the first focus that we need to have.
        Secondly, if you look at the regional innovation engine
    competition, just as another example, the amount of proposals
    that we're ready to actually launch and be successful with
    partnership resources that we were not able to bring into play
    is huge missed opportunity. That's a second problem.
        Third, is when we talk about the advanced technologies like
    AI, like quantum, like advanced manufacturing, wireless
    biotechnology, we are not investing enough in these areas. And
    that's what we are trying to do so that we can outpace, and
    outcompete, and out innovate. So, every one of these. And
    infrastructure is a very important--and I'm very worried about
    the fact that we don't have enough resources allocated for
    infrastructure also which is needed, because as we are trying
    to outcompete other nations and look at the Antarctic and
    Arctic program, and Senator, you are a strong supporter of
    that, we are not able to keep pace with these things.
        And we need to be outpacing. We are not even able to keep
    pace and this is not a good recipe for us. So, there's a lot of
    components here that, I think, we need to invest more in. And
    some of that we will be doing, to address your question, in
    fiscal year 2025 budget, but it'll be nowhere near where it
    should be.
        Senator Shaheen. So, how are you balancing the new
    Technology, Innovation, and Partnership directorate with the
    other needs of the agency?
        Dr. Panchanathan. I think what we're trying to do is to
    make sure that the needs of the agency, of the foundation, if
    you want to think of it that way, is as vibrant as it should
    be. And it can be because these are not two different things. I
    just want to draw attention to that.
        The new directorate is a crosscutting directorate which
    actually works in close partnership with the science
    directorate and engineering directorate. In fact, many of those
    programs are jointly worked on so that it leverages what
    happens in the directorates, and also energizes what should
    happen in the directorates.
        So, it's a two-way, kind of a symbiotic relationship. So,
    it is not like this is a separate thing or something that's
    happening that is taking away from something. In fact, all of
    these are working together so that each one is able to--because
    we cannot have AI innovations at the next level unless we are
    able to work with industry through the partnerships that we
    have in TIP, that then infuses newer ideas into our computing
    directorate, or geosciences directorate, or biosciences
    directorate, social behavioral, economic science directorate.
        We need to have all of this. Mathematical physical science
    directorate, education directorate, all of them working
    together. So that's the model that we have at NSF, not like
    this Balkanized kind of thinking that, you know, typically
    might be how people construe this as if somebody gets this,
    then somebody else doesn't get that.
        The institute is about how do you advance science,
    engineering technology and workforce development to outcompete.
        Senator Shaheen. Thank you.
        Senator Moran.
        Senator Moran. Thank you very much.
        Administrator Nelson, aeronautics, hugely vital, important
    component. You've said the first day in NASA is related to
    aeronautics. I appreciate that prioritization. How has NASA,
    how do they collaborate with industry and academia at ensure
    that the breakthroughs that NASA develops are successfully
    integrated into the commercial, private sector available to
    academia, increasing America's leadership in the aeronautical
    aspect of NASA?
        Senator Nelson. I'll give you two examples that are ongoing
    right now. The X-59, which is the supersonic transport, but
    this is an experimental needle-nosed jet that's going to fly.
    It has this radical design. It is going to fly at the end of
    the year, and to see if we can go supersonic and not have the
    bam bam of the sonic boom. So, that you could fly overpopulated
    areas, and it would be a muffled roar, so that you could fly
    from New York to LA in two hours.
        We do the research and that would eventually be turned over
    to the commercial sector. The other project that's going on
    right now called the X-66 is a joint project with Boeing on the
    future, single-aisle, mid-range aircraft.
        Think the Boeing 737 that would get 30 percent fuel
    savings. By far the most trafficked airliner is that mid-range
    single-aisle aircraft, if you can get 30 percent fuel. And the
    design of this is a high on the fuselage, very long and thin
    wing so much that it has to be supported with truss.
        And the truss also give you a lift, by the way. And then,
    these big, new improved fan jet engines, because it's higher
    off the ground, you can get newer--between the wing and the
    engines, we can save 30 percent of fuel. So, that is directly a
    joint project with NASA money and Boeing money.
        Senator Moran. I'm looking forward to seeing and hearing
    more about both of those projects.
        Administrator, would you ask someone in on your team to
    visit with me and mine? I want to have a conversation about how
    some of the capabilities we have in Kansas for testing
    facilities of aircraft structures materials components better,
    how we can better support the research and efforts at NASA. If
    you just have somebody on your team, make sure that we have a
    conversation.
        Senator Nelson. It's done.
        Senator Moran. Thank you. Got a minute and a half. I got
    six questions, and let me pick between one of them. Let me just
    say in passing, Doctor, that this report by JASON about
    security of scientific research, there's a report that's due
    today. I think the deadline is May the 24. I'm interested in
    knowing what NSF has to say about that. I won't ask a question,
    but if you can make sure that we know that.
        And then NSF budget includes funding for leadership,
    classic computing facilities. Again, I'm probably out of time,
    so I just was going to raise the point about the growth in
    computing capacity in the private sector. How much longer
    should the government continue to build supercomputers that may
    be relatively obsolete by the time the construction is
    complete? Maybe that's a short answer.
        Dr. Panchanathan. No, I can give you a very quick answer. I
    mean, we work very closely with industry so that this problem
    that you're talking about, the becoming obsolete, it's a
    constant, you know, partnership with industry so that the
    latest and in fact the more advanced technologies are what we
    are deploying for the computing need.
        As you heard, the response to the AI, the NAIRR pilot that
    we talked about, there is tremendous computing need right now
    on so many dimensions, whether it is, you know, climate
    mitigation or whether it is AI, whether it is quantum. The
    modeling needs are tremendous in every aspect of science and
    engineering.
        So, it's important that we invest, but we also, to your
    point, we need to partner with industry very closely to
    understand their roadmaps of technology development so that we
    are, you know, integrating their future technology thinking as
    we are planning our own computing facilities, and that we do as
    we are looking at the future like the LCCF and others.
        Senator Moran. So, government is always slower than the
    private sector in these advancements, and we need to make sure
    that we're getting on the same path and not doing things that
    are obsolete.
        Thank you, Chair.
        Senator Shaheen. Thank you, Senator Moran.
        Senator Van Hollen.
        Senator Van Hollen. Thank you, Madam Chair, and welcome to
    both of you. Thank you for your service.
        Dr. Panchanathan, let me start by thanking you for all the
    work that you're doing. I'm not going to have time to get an
    answer to this question, but I look forward to getting together
    with you for an update on a provision that I worked very hard
    to include in the CHIPS and Science Bill on a bipartisan basis
    to make sure that we engage all of our talent in order to move
    our country forward in the areas of science and technology.
        In Maryland, we have four HBCUs, including Morgan State,
    which is a real jewel. In the United States of America today,
    no HBCUs have R1, Research 1, status. Morgan is at R2 and the
    provision that we included in the CHIPS and Science Bill was to
    make sure that we engage your help among others to make sure
    that we can move to R1.
        Thank you for the efforts you're making there, and I look
    forward to a full report later along with the progress report
    on another provision that I included with Senator Blunt
    ensuring that we don't get caught--the United States don't get
    caught unprepared for what new technologies might arise in the
    future. We need to be constantly looking over the horizon.
        Administrator Nelson, great to see you. Let me just start
    with some thank yous because I know that you recognize well
    that just as Florida is an important space, hey, so is the
    State of Maryland. And I want to thank you for confirming the
    Dragonfly Mission led by APL in collaboration with Goddard.
    Thank you for working with me and my colleagues on
    recommissioning the Jedi Mission on the Space Station.
        Thank you for the infrastructure investment at Wallops. I
    believe you mentioned that, so I want to now ask you about a
    collection of other things because you understand better than
    anybody, this is all about the future. You and I met this week
    to talk about a number of important projects, including OSAM-1.
    And I want to thank the Chair, Senator Shaheen, for working
    with us to insert in the most recent Appropriations Bill the
    language on OSAM-1.
        I'm not going to go into detail here, but OSAM-1, in my
    view, will provide the United States government with a very
    important capability, this robotic arm to refuel to service,
    but also to move satellites from one area to another.
        And we have language in the bill, you know, requiring that
    you take a look at an updated plan for a scheduled launch in
    2026. I also know that DARPA, among others, but DARPA may be
    interested in this capability as well.
        So, my question to you is a very simple one. Are you
    committed to working with us to put forward the best good-faith
    effort to keep this mission going so that we can achieve the
    2026 launch date?
        Senator Nelson. Within the budget constraints, we're going
    to do exactly what you required in the 2024 Appropriations
    Bill. In addition, as we discussed 2 days ago, I have already
    initiated the visit with DARPA of what particular technologies
    that have been developed in OSAM can be utilized as we have a
    changing space environment than what OSAM was originally
    designed for in low earth orbit has now changed.
        And so, the answer is yes. I, again, am so bold as to say
    Maryland is a very important State to NASA. You have 22,000
    employees, you have $2.3 billion of NASA's $25 billion budget.
    Just under 10 percent of the whole budget goes to your State.
        In addition to what you have already mentioned, we've got
    the next Landsat coming that's in Maryland, Dragonfly, you
    mentioned, which is an exciting new one, as well as Nancy Grace
    Roman, and the beginning of the planning of the technology
    maturation office for the next iteration telescope, which is
    the habitable worlds. So, there's a lot going on.
        Senator Van Hollen. Let me, if I could, it's a one-word
    question on habitable worlds. Thank you for ending there. Can
    you confirm, again, that NASA Goddard will be the lead agency
    on that program?
        Senator Nelson. If you all concur, we have already
    requested that for a technology maturation office.
        Senator Van Hollen. Thank you.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Van Hollen.
        Senator Capito.
        Senator Nelson. By the way, you missed my comments about
    how much time and grief just to get that little old bridge
    going to Wallop Island.
        Senator Van Hollen. I wanted to make sure I acknowledge
    that. And thank you for that effort. I know it's----
        Senator Shaheen. Senator Capito.
        Senator Capito. Thank you.
        I'm going to address Dr. Panch, if I can address you that
    way. You know, I've implored previous directors to not mothball
    that Green Bank Telescope. And you and I talked previously
    right before the new director, Dr. James Jackson, who started a
    few years ago. I just think we ought to talk about and tell
    everybody about the possibilities and the promise of radar
    systems in the area of planetary defense.
        National Academy of Sciences has written of the dangerous
    effects of near-Earth objects. What role do you believe radio
    astronomy and specifically Green Bank, which is the largest,
    fully steerable telescope in the world located in West
    Virginia.
        What role do you see there, and where do you see the
    future?
        Dr. Panchanathan. Oh, GBT is a tremendous asset. You know,
    just to put this in perspective, the $100 million GBT continues
    to be the cutting-edge resource that we have got for advancing
    science. As you know, that was part of the detection of the
    gravitational waves.
        Senator Capito. Right.
        Dr. Panchanathan. And so, it's now 23 years old. And
    Senator, I was just talking to you just before this hearing
    that we are working on making sure that it's maintained well.
    So, we are constantly investing in ensuring that it's
    maintained well.
        It's also being integrated into the next generation of
    radio astronomy. You talked about radio astronomy observatory,
    including the planetary defense objectives and so on. So, it's
    the integral part of the planning of what we do with the next
    generation, very large array, the ngVLA programs also. And in
    the current VLBA, you know, we have got a good portfolio of
    ground-based astronomy facilities for the work that we are
    doing.
        So, the GPT clearly will have a very critical part and it
    will be a critical component of the ngGVLA. There's no question
    about that, which is currently in the design phase. We've just
    put that in the design phase. So, one way or the other, GPT
    will have a significant role because it's, as you said, the
    single largest dish radio telescope available for the U.S.
    astronomy community.
        Senator Capito. Great.
        Dr. Panchanathan. So, we are working to make sure that
    we're working very closely as we are thinking about the future.
    Maintaining the current status of GBT and what it can do, but
    also what its role is in the ngVLA thinking.
        Senator Capito. I look forward to working with you on that,
    and we're going to go set up that visit----
        Dr. Panchanathan. Yes.
        Senator Capito [continuing]. To the beautiful part of our
    State.
        Dr. Panchanathan. I would love to come with you. Thank you.
        Senator Capito. Well, it's good to see you, Senator Nelson.
    And I'll never forget when we sat together with our spouses,
    and you told me about your whole ride with NASA. And so, to see
    you here today, as we've seen many times, is really, really
    fulfilling.
        We have the IV&V Center in West Virginia, which is critical
    to every NASA mission. But we also have the EPSCoR program that
    is important to institutions like our West Virginia University
    and others, Marshall, I too believe.
        Where do you see EPSCoR in terms of growing and being able
    to get more and younger people interested in science,
    particularly young women, and more diverse populations?
        Senator Nelson. We take it very seriously. We are making a
    direct effort beyond EPSCoR in order to get our space grants
    out to parts of the country that you may not think would be the
    recipients of space research grants. For example, the rural
    parts of the country.
        Senator Capito. Good.
        Senator Nelson. And this is all a part of our trying to be
    very inclusive with how we spend our research and development
    money.
        Senator Capito. Well, those are essential dollars,
    particularly in rural America, as you said.
        Let's go to the IV&V Center that does all the
    verifications. And I don't know that I've been briefed on this,
    or maybe you can help me with this. What kind of coordination
    do you have with the private sector at IV&V? Obviously, it's
    not the research, or the verifications are not all researched
    by or all performed by NASA, or some of them are contractors.
        Can you talk about the public-private partnership there?
        Senator Nelson. Yes. There are 60 direct civil servants
    matched with 364 contractors.
        Senator Capito. Right.
        Senator Nelson. And that's what we're doing. The economic
    effect extends beyond that into 700 jobs.
        Senator Capito. Right. And I will say, too, they do
    internships and cooperative arrangements with the Fairmont, but
    also West Virginia University, and whoever's in their
    surrounding area, again, to spur the next generation workforce
    onto this. So, when is Artemis going to go up?
        Senator Nelson. September of next year, 2025.
        Senator Capito. Can I come and bring all my four
    granddaughters with me?
        Senator Nelson. I wish you would.
        Senator Capito. Good. That's a commitment. I'm going to
    make sure it's kept.
        Senator Nelson. We'll see if we can make it not like
    Artemis I that was at 1:45 in the morning.
        Senator Capito. Well, they may just have to stay up. Thank
    you very much.
        Senator Shaheen. Thank you, Senator Capito.
        Senator Britt.
        Senator Britt. Thank you so much, Chair Shaheen, and Vice
    Chair Moran for having the subcommittee hearing to discuss NASA
    and the National Science Foundation's fiscal year 2025 budget
    request.
        Certainly, appreciate the two of you being here in front of
    us today. I want to take this opportunity to express my thanks
    and appreciation to the civil servants, the suppliers, the
    contractors, all of who work tirelessly to continue to support
    the missions at Marshall Space Flight Center.
        I want to note for the record that I have absolute full
    faith and confidence in Marshall's newest director, Director
    Joseph Pelfrey. He has done a tremendous job, and am excited to
    continue to be able to work with him.
        Administrator Nelson, I understand the budget realities and
    fiscal constraints that you were under when formulating this
    budget request. And I just want to say thank you. Thank you for
    continuing to fund several of Marshall's key priorities that
    are critical to carrying out so many of the missions there;
    space launch system, the human landing system, and the nuclear
    thermal propulsion. I am greatly appreciative and look forward
    to working with you on each of those.
        I know we must continue to invest in these important
    programs, and I want to thank Chair Shaheen and Vice Chair
    Moran for their commitment to making sure that these are
    properly funded. Maintaining the Artemis mission schedule is
    imperative to ensuring that we beat China back to the moon.
        However, earlier this year, NASA revealed that because of
    various safety and hardware issues, the Artemis II mission is
    now delayed until September, 2025. So, nearly 1 year behind
    schedule. I appreciate NASA's diligence in addressing these
    issues, specifically the heat shield in Orion and spacecraft
    where the crew will be housed. The safety and wellbeing of our
    astronauts is of the utmost importance, and so I appreciate you
    making sure that that is a priority.
        Administrator, question for you. Are you properly resourced
    to address the safety and hardware issues to ensure that
    Artemis II can safely launch and is not further delayed?
        Senator Nelson. I can assure you we will not launch until
    it's ready. We have had to make tough choices, and in this
    budget, for expiration, we are down a half a billion dollars.
    We will make do with that. We are still on the schedule for
    September of 2025. Artemis II is meeting all the milestones.
        Senator Britt. Good.
        Senator Nelson. We are doing extra examination of some of
    the unusual things that happen on the heat shield.
        Senator Britt. Good.
        Senator Nelson. And, obviously, we're not going to fly that
    until we're ready.
        Senator Britt. Thank you. And Mr. Administrator, if there
    is anything that is going to delay that further, we'd just love
    a commitment from you that we can continue this conversation.
    So, if there are things that we need to be doing for you, I'm
    aware of that, and we can do our very best to make sure we put
    safety first, and we also stay on time.
        Another question in that vein, you know, I am the daughter
    of two small business owners, and I understand how uncertainty
    negatively impacts sometimes the little guy the most. And so,
    as you consider the industrial base for SLS, many of the
    suppliers are very small companies. And I would argue these
    hardworking folks, many of whom are Alabamians, are the
    backbone to continued success in missions all across our
    country.
        But, certainly, there with SLS, I just want to associate
    myself, since I am almost out of time, with Senator Peter's
    comments on just continuing to make sure that we place emphasis
    on these small businesses. It's my opinion that in order to
    maintain the industrial base capabilities and supply chains,
    that these people have irreplaceable knowledge and skills.
        And so, it is critically important that we think about this
    as these delays occur, that there's continued work for them to
    be doing.
        I want to switch gears real quick before I'm finished to
    NASA's Vision 2040. I believe it's important to bring NASA into
    the 21st century and ensure that we retain a skilled workforce
    while also continuing to recruit the best and brightest talent.
        However, there are several aspects of Vision 2040 that do
    give me some concern. It's my understanding that Vision 2040
    recommends that the program managers who oversee many of NASA's
    critical programs will now report directly to headquarters.
        I strongly believe that our centers who are responsible for
    the success of NASA programs, whether it be SLS, or spacesuits,
    or exploration ground systems, should retain their direct
    oversight and responsibilities of their program managers, their
    workforce, and their program's long-term success.
        So, Mr. Administrator, I would like for NASA to increase
    transparency here, and would like to get a commitment from you
    to just keep me informed of any additional Vision 2040
    recommendations before they're implemented.
        Senator Nelson. Well, of course.
        Senator Britt. Thank you so much.
        Senator Nelson. And I want to recommend that you talk to
    Joseph Pelfrey about your concern that things are going to go
    flying off to other States.
        Senator Britt. Okay. I'll do it.
        Senator Nelson. The program office is in Washington for
    Moon to Mars. That was the same during Apollo. The program
    office was where you can bring everything together. Now, in
    your ask about suppliers for Artemis, you have 85 companies in
    Alabama that are suppliers. The amount of money NASA sends to
    Alabama is $2.7 billion each year. That's about 14 percent of
    NASA's entire budget.
        Senator Britt. And boy, we're grateful.
        Senator Nelson. And that includes 24,000 direct NASA
    employees. So, Alabama is a very big part of what is happening
    and is inextricably entwined in the success----
        Senator Britt. Thank you so much, Mr. Administrator.
        Senator Nelson [continuing]. Of NASA and our Moon to Mars
    Program.
        Senator Britt. We are really proud of the work that has
    done in our great State, and excited to continue to see it
    happen here. And thank you for your commitment.
        May I say just one more thing? I realize I am out of time,
    Madam Chair. Director Panch, I just want to say--I am out of
    time, and she's being so gracious to allow me to say this--I
    would like to just associate myself with Chair Shaheen's
    comments, Senator Reed's comments, Senator Heinrich's comments,
    just when we're taking a look, obviously, at Track-1e, we're
    looking at the--I have great concerns. And so, I am out of time
    and I appreciate the grace, but if you will just associate me
    with her comments on this and know that it is a concern that I
    have deeply as well.
        Thank you.
        Senator Shaheen. Thank you very much, Senator Britt. And
    thank you both for your testimony this morning and for your
    service to the country.

                         ADDITIONAL COMMITTEE QUESTIONS

        If there are no further questions, Senators may submit
    additional questions for the subcommittee's official hearing
    record. We would request that NASA and NSF respond to those
    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 Administrator Bill Nelson, National Aeronautics
                            and Space Administration
                   Question Submitted by Senator Patty Murray
        Question 1. In FY24, NASA was directed to establish a Biological
    and Physical Sciences consortium with academic institutions for space
    exploration research and technology development. Can you provide an
    update on NASA's efforts to establish this consortium?

        Answer. On May 17, 2024, NASA released the solicitation for
    proposals from consortia with biological sciences expertise to carry
    out research investigations and/or conduct activities that address
    NASA's established space-relevant science interests in health, animal,
    and plant sciences. The consortium shall consist of a team of
    investigators from multiple organizations who have complementary skills
    and work together to achieve overall research progress that is greater
    than progress achievable individually. NASA is currently reviewing
    proposals received. The selected proposal will be awarded $2.5M total
    for the period of performance, with a maximum duration of 5 years. The
    Agency expects to announce the consortium selection by late 2024.

        Question 2. Can you explain the role you see Nuclear Thermal
    Propulsion playing to achieve NASA's Mars ambitions?

        Answer. Mars architecture studies show that nuclear propulsion is
    one of several technologies that could be used for future crewed
    exploration mission. Other candidate technologies include solar
    electric propulsion and chemical propulsion. Each of these offers
    various advantages in terms of propulsive efficiency, cost,
    technological readiness, mass, and other parameters relevant to such a
    mission.

        2a. How do you see NASA expanding and partnering with companies and
    universities in the Pacific Northwest to further develop Nuclear
    Thermal Propulsion capabilities?

        Answer 2a. NASA engages a broad spectrum of commercial partners
    within the Nation's nuclear industry across the country. These
    engagements include the Ultra-Safe Nuclear Corporation (USNC) based in
    Washington State. NASA has been working with USNC to implement
    innovations that could enable an advanced reactor design to achieve the
    extreme operational temperatures that would be required for a Mars
    transportation system. NASA plans to continue our engagement with USNC
    and other industry reactor designers as integral partnerships to
    leverage the contributions they can offer to achieve our nuclear
    thermal propulsion development goals.

        Question 3. The University of Washington has been selected for the
    Earth System Explorers Program to monitor and understand the recovery
    of the ozone layer. Can you explain why it's important for NASA to
    conduct research on climate change and its impact on the earth?

        Answer. NASA uses the unique global vantage point of space to
    observe the Earth environment, including the drivers and impacts of the
    changing climate. Scientific discovery provides the factual, unbiased,
    and trusted means to document, understand, and forecast these changes
    in the Earth system and allows us to help understand, mitigate, and
    adapt to climate change. Leaders at all levels, from family businesses
    to global suppliers, must have the best scientific insight and
    knowledge to inform their actions. Through partnerships with a dozen
    Federal agencies, as well as regional, state, local, and tribal
    authorities, NASA Earth science helps advance the services that
    citizens and businesses across the country count on to protect their
    lives and livelihoods. From seaside towns who wish to know more about
    their changing coastlines, to communities in wildfire-vulnerable areas,
    to city-dwellers looking to track smog in their neighborhoods, everyone
    around the world can benefit from research on climate change.
        The Agency's constellation of space-based global observing
    platforms has increased in capability in the recent decade due to
    advancing technology and the increasing number of national and
    international partners now active in the Earth science enterprise. NASA
    continues to innovate through efforts such as the Earth System
    Explorers Program, which aims at exploring additional capabilities
    recommended by the National Academy of Sciences, Engineering and
    Medicine (NASEM) and thereby continuing the advancement of the
    collective Earth-observing capability. Through these efforts, NASA has
    become a leader and trusted partner in providing climate and Earth
    system observations, research, applications, technology, and actionable
    information to scientists, decision-makers, and the public. In
    addition, NASA's free and open data supports research across the
    Federal government, academia, and the private sector. The Agency is
    committed to continuing to work alongside international, Federal,
    state, tribal, and local partners to advance understanding of, and
    response to, our changing planet.

        Question 4. Blue Origin was selected last year as the second
    provider for the Artemis Lunar Lander. Could you provide an update on
    the latest developments regarding the Human Landing System?

        Answer. NASA, in collaboration with SpaceX and Blue Origin, is
    making steady progress in the development of the Human Landing System
    (HLS) spacecraft to support the Artemis lunar exploration missions.
    NASA's HLS engineers are working in tight collaboration with SpaceX and
    Blue Origin, providing substantial subject matter expertise and access
    to NASA test facilities. Despite the challenges of executing the
    ambitious Artemis missions, NASA has confidence that, together with the
    HLS providers, these missions will be safe and successful.
        Additionally, to develop large cargo transportation capability by
    leveraging the work on human landers, NASA initiated Human-class
    Delivery Lander (HDL) development under the existing HLS contracts.
    Since November 2023, both SpaceX and Blue Origin have begun to develop
    special configurations of their landers that will be able to deliver
    cargo to the lunar surface, such as a pressurized rover or habitat.
        Development of SpaceX's HLS Starship (Artemis III and IV).--
    Beginning in April 2023, SpaceX has conducted four flight tests of its
    Super Heavy booster and Starship architecture, launching from its
    launch site in Boca Chica, TX. During these tests, SpaceX has
    demonstrated fundamental and critical capabilities for the HLS and
    supporting spacecraft that will be needed to re-fuel the HLS in space
    for Artemis III. These demonstrated capabilities include Starship
    ascent and stage separation operations; booster stage boostback burns
    and a landing burn just above the surface of the Gulf of Mexico; and
    upper stage Starship operations including on-orbit cryogenic liquid
    oxygen transfer between two propellant tanks, hypersonic re-entry
    maneuvers, and a landing burn above the Indian Ocean.
        Looking ahead, SpaceX plans to execute multiple additional Starship
    flight tests, with the next one planned for October 2024. Before NASA
    employs the HLS Starship for the crewed Artemis III mission, there will
    be multiple in-space demonstrations of critical HLS capabilities such
    as an in-space propellant transfer test between two Starship vehicles
    and an Uncrewed Lunar Landing Test. These tests, as well as the
    Critical Design Review, are planned in 2025, per the contract milestone
    schedule. SpaceX is also developing infrastructure at NASA's Kennedy
    Space Center (KSC) to enable Starship launches from KSC Launch Complex
    39A.
        SpaceX has completed technical milestones in the design and
    development of multiple HLS subsystems including propulsion, life
    support, and mechanical systems such as an elevator and a docking
    adapter. For example, SpaceX completed its HLS Docking Adapter
    Qualification Review milestone in December 2023.
        The qualification campaign included testing of a SpaceX docking
    system test article at NASA Johnson Space Center's Six-degree-of-
    freedom Dynamic Test System (SDTS) facility.
        Development of Blue Origin's HLS Blue Moon (Artemis V).--NASA
    selected Blue Origin in May 2023 for a second Human Landing System
    (HLS) award to develop and demonstrate Blue Moon Mark 2 lunar lander.
    Blue Origin completed its HLS Preliminary Design Review in February
    2024 and is working toward their Critical Design Review (CDR) Milestone
    in 2025. The CDR is the point in a project development where the design
    of the system is complete and meets NASA requirements. Blue Origin has
    also conducted tests for the New Glenn rocket launch pad infrastructure
    and launch countdown. Blue Origin continues development, qualification,
    and production tests to mature the BE-7 lunar lander high-performance
    engine. In FY 2024, the provider completed several milestones
    including:

      --Integrated Lander Design Analysis Cycle (DAC) 5a--May 2024
      --Blue Origin New Glenn 1st Stage Engineering Development Unit
            Tanking Test at Launch Complex 36--June 2024
      --Blue Origin/Creare Cryocooler Preliminary Design Review (PDR)--June
            2024
      --DAC 5b--July 2024
      --Blue Origin Research Engine (R1) Hot Fire for BE-7 testing at Air
            Force Research Lab (AFRL)--July 2024

        Upcoming steps include launch of Blue Origin's MK1 lander, an
    uncrewed risk-reduction pathfinder mission to the lunar surface planned
    for 2025. Also, the first New Glenn launch is scheduled for fall of
    2024.

        Question 5. The Space Technology Mission Directorate's budget
    request includes a line that would enable NASA to fund one or more
    commercial companies to perform close inspection of space debris
    objects of interest to NASA, laying the groundwork for safe removal of
    those debris objects from orbit in the near-term. Please explain how
    this funding will assist NASA in demonstrating United States leadership
    in domestic in-space servicing activities in the near-term?

        Answer. The FY 2025 Space Technology budget request includes
    funding within the Small Spacecraft, Flight Opportunities, and Other
    Technology Demonstrations to support a technology demonstration named
    Small Spacecraft Propulsion and Inspection Capability (SSPICY). SSPICY
    is a system level demonstration of small spacecraft propulsion and
    close inspection of multiple resident space objects (RSOs), which may
    include debris. This investment will simultaneously advance U.S.
    commercial in-space servicing capabilities while gathering key data on
    the current conditions of debris that have spent decades in space.
    Characterizing the potential docking surfaces and state, position and
    orientation, and tumbling nature of these objects is necessary for
    future safe capture and disposal and may help further the development
    of debris remediation technologies.
        Four industry partners were selected in FY 2024 to lead mission
    concept studies ($200,000 each) using SBIR Phase III based contract
    mechanisms with the potential to transition to a FY 2024- 2026 orbital
    demonstration with a cost cap of $30.0M. On September 25, 2024, NASA
    announced selection of Starfish Space of Seattle, WA to transition from
    a mission concept study to an orbital demonstration.

                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question 1. The FY 2024 Consolidated Appropriations Act (Public Law
    118-42) included report language directing NASA to establish a
    Habitable Worlds Observatory (HWO) project office at Goddard Space
    Flight Center. In the hearing, Administrator Nelson confirmed that
    Goddard will be the lead of the HWO program, but referred to the HWO
    office at Goddard as the ``technology maturation office.'' Could you
    define the scope and responsibilities of the ``technology maturation
    office'' and explain why the HWO office at Goddard is not referred to
    as the ``project office'' given that it is the program lead? Shouldn't
    the Goddard office be called the HWO Project Office?

        Answer. The Habitable Worlds Observatory Technology Maturation
    (HWOTM) Project Office was established at NASA's Goddard Space Flight
    Center (GSFC) on August 1, 2024. The Project Office will be responsible
    for setting science requirements, informing mission architectures,
    technology development, and leading down-selections of technologies for
    a potential future Habitable Worlds mission.
        The National Academies of Sciences, Engineering, and Medicine
    ``Pathways to Discovery in Astronomy and Astrophysics for the 2020s''
    Decadal Survey (``Astro2020'') recommends that NASA should proceed to
    mission design only after the successful completion of a technology
    maturation program (designated as GOMAP). A decision to proceed with
    formulation and subsequently, project execution, will depend on a
    variety of factors, including the successful completion of the
    independent technology review (ITR) recommended in Astro2020. Once an
    independent technology review is completed and NASA has determined that
    it is programmatically and budgetarily ready to initiate a new mission,
    the Project Office would become the Habitable Worlds Observatory
    Project Office.

        Question 2. The intense solar activity earlier this month impacted
    long-range radio telecommunications and highlighted how necessary it is
    that we have a better understanding of heliophysics to accurately
    predict solar weather and its impact on Earth. However, heliophysics
    continues to be reduced in the budget request from prior year funding
    levels, and the Geospace Dynamics Constellation mission is zeroed out.
    Congress directed NASA in FY24 to provide a plan and funding profile to
    launch GDC by the end of the decade. Does NASA intend on providing this
    plan to us by October as directed?

        Answer. NASA provided the requested GDC report to the Subcommittee
    by letter dated September 10, 2024.

                                     ______

                 Questions Submitted by Senator Lisa Murkowski
        Question 1. The US Federal government and State of Alaska have
    jointly invested over $120M of capital improvements at the Pacific
    Spaceport Complex--Alaska (PSCA), formally known as the Kodiak Launch
    Complex, on Kodiak Island, Alaska. As only one of two US-based
    spaceports that can launch into high-inclination and polar orbits, PSCA
    is a national asset to provide critical resiliency for US access to
    space launching from US soil. This FAA-licensed commercial spaceport is
    a low-cost operation, capable of launching solid- and liquid-fueled
    rockets and has supported numerous government orbital, suborbital, and
    test missions since 1998. However, instead of utilizing a viable US-
    based spaceport for polar missions, NASA has been funding launches in
    New Zealand.

        1a. What percentage of your Polar launches are accomplished outside
    the US?

        Answer 1a. NASA's Launch Services Program (LSP) is responsible for
    the acquisition, management, and certification of reliable and cost-
    effective launch services from U.S. commercial providers providing
    access to space for civil missions including satellites, robotic
    planetary missions and human space exploration requirements. LSP
    achieves access to space through a competitive ``mixed fleet'' approach
    utilizing the breadth of U.S. industry's capabilities.
        LSP has procured 40 launches that placed spacecraft into polars
    orbits since 1998. Of those launches, two were conducted outside the
    U.S. (New Zealand).

        1b. What commitments can you provide me that NASA will prioritize
    launches from US- based spaceports for polar orbit missions, as we
    readily have that capability domestically?

        Answer 1b. LSP does not procure services directly from launch
    sites. It is the responsibility of the U.S. commercial launch vehicle
    provider to meet all mission requirements within the scope of the
    contract including selection of the launch site, buildup and test of
    launch site infrastructure, and execution of mission operations at the
    launch site.
        LSP's contracts include domestic source clauses establishing an
    expectation that commercial launch vehicle providers use FAA-licensed
    spaceports. Historically, more than 90% of LPS' polar orbit missions
    have been executed from US-based spaceports.

        Question 2. According to a 2023 FAA report--the National Spaceport
    Policy--the number of launches will increase from 74 in 2022 to 186 in
    2026, a nearly 300% increase. Meanwhile, according to the same report,
    4 out of every 5 of these launches takes place either at Cape Canaveral
    or Vandenburg. This increase in combination with the reduction in the
    cost of access to space places a significant demand on Federal launch
    ranges.

        2. Administrator Nelson, could you discuss the opportunity to
    expand NASA's use of state-owned or operated launch facilities in the
    future?

        Answer. NASA is a member of the FAA led National Spaceport
    Interagency Working Group (NSIWG) along with the Departments of
    Defense, State, and Commerce. The goals of the NSIWG are as follows:

      --Maintain US leadership role in commercial space transportation
      --Develop a strategy for a resilient, interoperable network of
            spaceports to meet national objectives
      --Collaborate on policies and standards for spaceport utilization
      --Advocate for resources and programs to enhance and promote U.S.
            spaceport infrastructure

        Through the NSIWG, NASA is working with partner agencies to build
    relationships with Federal spaceports, state/local spaceports, and
    private spaceports in the hopes of identifying economic approaches to
    increase launch cost-effectiveness while meeting NASA's mission needs.
        NASA recognizes the potential the most heavily utilized ranges may
    be overburdened by commercial missions in the near future with the
    rapid increase of launch tempo.
        The space industry has moved away from the business model of small-
    lift, solid-fueled expendable launch vehicles with deployable mission
    crews. Modern heavy-lift reusable launch vehicles with resident mission
    crews amortize costs to the benefit of their launch customers.
    Investments in these modern spaceports have lately been made by private
    corporations. NASA has been working closely with these private
    corporations to ensure NASA's mission needs are recognized.
          Questions Submitted to Dr. Sethuraman Panchanathan, Director
                 Questions Submitted by Senator Jeanne Shaheen
        As part of the CHIPS and Science Act, Senator Capito and I
    collaborated to include language authorizing a NSF grant program to
    support K-12 hands-on learning opportunities in STEM education, like
    robotics competitions. I was motivated to do this because in New
    Hampshire we've seen success in inspiring students to pursue STEM
    careers through hands-on and experiential learning opportunities
    outside of the classroom, including students who traditionally have
    been underrepresented in STEM fields.

        Question. How is NSF working to implement this program? When will
    the agency begin to make funding available for experiential STEM
    programs?

        Answer. Through the NSF Advancing Informal STEM Learning (AISL)
    Program, NSF was able to fund new awards and provide supplemental
    funding to existing awards through the additional $16.0 million
    appropriated to the AISL program through the FY 2023 Disaster
    Supplemental for CHIPS & Science Act implementation. These awards
    support a broad range of experiential STEM programs and activities and
    aim to cultivate awareness and interest in STEM careers, particularly
    in the areas of microelectronics, semiconductors, and cybersecurity
    industries, through hands-on experiences, parental involvement and
    family learning, mentors and role models, and training for volunteers
    and professionals in informal STEM learning contexts. In addition, many
    of the funded experiential STEM programs supported through the CHIP and
    Science Act engage K-12 aged learners in out-of-school learning
    experiences such as STEM competitions, camps during school breaks,
    digital and analog games, and in-person and virtual immersion to chip
    fabricating facilities.
        The AISL Program is committed to funding research and practice,
    with continued focus on investigating a range of informal STEM learning
    experiences and environments that make lifelong learning a reality. The
    AISL program also has an explicit broadening participation program
    goal, with the majority of each award's budget allocated to broadening
    participation activities often to K-12 students historically
    underrepresented in STEM fields and could involve research on the
    topic.
        In addition, the ExLENT program will support inclusive experiential
    learning opportunities designed to provide cohorts of diverse learners
    with the crucial skills needed to succeed in emerging technology fields
    and prepare them to enter the workforce ready to solve our Nation's
    most pressing scientific and societal challenges. The Explorations
    track aims to provide individuals with limited or no specialized STEM
    education the inspiration and opportunity to explore the potential of a
    career path in emerging technology fields. Proposed projects in this
    track should provide participants with experiential learning
    opportunities that build interest, motivation, and knowledge in
    emerging technology fields and identify pathways to careers in these
    areas. Proposals submitted to this track should focus on a wide range
    of participants from diverse backgrounds and may include those enrolled
    in traditional education pathways (e.g., secondary school, college,
    and/or military). Alternatively, a proposal might focus on participants
    who are not enrolled in a traditional educational pathway (i.e., self-
    learners, members of incubators) who are inclined to explore hands-on
    learning and development opportunities in emerging technology fields.

        Question. You and I agree that, as a Nation, we need to do more to
    develop our STEM talent. And that doing so is critical to the success
    of the U.S. innovation economy and to future international
    competitiveness. Is that correct?

        Answer. The NSF 2022-2026 Strategic Plan states that science and
    engineering are key to the Nation's economic progress, and people are
    the core of America's scientific progress. To accelerate the
    advancement of discovery and learning, prepare for a world in which
    work is increasingly reliant upon scientific and technological skills
    and ensure that all citizens share in the benefits that flow from
    research, we must promote inclusion in the research community and STEM
    workforce, access to STEM learning and training and widespread STEM
    literacy.

        Question. How do you see afterschool STEM programs contributing to
    the cultivation of a diverse and skilled STEM workforce?

        Answer. As reported by the National Research Council in 2015, after
    school programs are often viewed as valuable opportunities to (1)
    engage young people intellectually, academically, socially, and
    emotionally; (2) respond to young people's interests, experiences, and
    cultural practices; and (3) connect STEM learning across out-of-school,
    school, home, and other settings.\1\ This report also acknowledged that
    research and evaluation findings were ``not yet robust enough to
    determine which programs work best for whom and under what
    circumstances''. In the decade since this publication, the AISL program
    has funded nearly 100 research and development projects that have
    focused on STEM learning in afterschool contexts. These projects
    contribute to the cultivation of a diverse and skilled STEM workforce
    by exploring questions of what works, why, for whom, and how learning
    STEM outside and beyond school is effective and implementing evidence-
    based programs to support STEM exposure, interest, and often the STEM
    workforce. One emerging explanation for why out-of-school time programs
    are effective is the unique ways in which these programs support the
    social and emotional development of youth, especially for youth from
    historically underrepresented groups in STEM. A recent systematic
    review mapped research being done at the intersection of social-
    emotional learning (SEL) and STEM learning, finding five common areas
    where youth skills were being assessed: Agency/Voice, Belonging/
    Collaboration, Creativity/Resilience, Engagement/Self-regulation, and
    Reflection/Understanding.\2\ In particular, it seemed that young
    people's perceptions of belonging is later associated with positive
    perceptions of STEM career preparation.\3\ The AISL program has also
    funded investigations that examined how to design effective out-of-
    school learning experiences for a wide range of diverse learners and
    afterschool settings for whom there has been and continues to be
    underrepresentation in STEM fields, e.g., girls and women, learners in
    rural and urban areas, learners with disabilities, and learners who
    identify as Black, Latinx, and/or Indigenous.

        Question. Which other programs at the Foundation, like the
    Advancing Informal STEM Learning program, support afterschool STEM
    programs and how?

        Answer. There are several programs in the Foundation that support
    afterschool STEM programs. Of note, the Innovative Technology
    Experiences for Students and Teachers (ITEST) program, funded through
    H-1B visa receipts, supports afterschool STEM learning. The ITEST
    program is an applied research and development program with goals to
    advance the equitable and inclusive integration of technology in the
    learning and teaching of science, technology, engineering, or
    mathematics (STEM) from pre-kindergarten through high school. It
    emphasizes workforce development, industry partnerships, and innovative
    use of technologies for K-12 students and teachers.
        The Research on Innovative Technologies for Enhanced Learning
    (RITEL) program supports early-stage research in emerging technologies
    for teaching and learning that respond to pressing needs in authentic
    (real-world) educational formal and informal (e.g., afterschool STEM)
    environments. The ITEST and RITEL programs follow the NSF gold
    standard, merit review process to review, identify, and fund new
    awards.

        Question. I am hearing from afterschool STEM education programs
    about the challenges they face in ensuring program providers have the
    technical skills and expertise needed to provide high-quality STEM
    education. How is NSF working to enhance professional development
    opportunities for STEM afterschool program providers, to ensure they
    have the necessary skills and resources to effectively engage and
    inspire students in STEM learning outside of traditional classroom
    settings?

        Answer. As a way of addressing the how challenge of out-of-school
    learning, the NSF has funded a number of research awards that actively
    investigate how to structure the professional development of STEM
    afterschool program providers. These projects have explored a wide
    array of topics, from models of how professional development can be
    conducted in a variety of settings like remote rural locations, to
    methods for increasing the relevance of out-of-school education by
    training practitioners to co-design educational experiences with
    learners, to developing professional networks for continuing
    professional development.
    ---------------------------------------------------------------------------
        \1\ National Academies of Sciences, Engineering, and Medicine.
    2015. Identifying and Supporting Productive STEM Programs in Out-of-
    School Settings. Washington, DC: The National Academies Press. https://
    doi.org/10.17226/21740. Funded via Award 1339083, Successful Out-of-
    School STEM Learning: A Consensus Study.
        \2\ Allen, PJ & Noam, GG (2024). A systematic review of STEM and
    social-emotional development in out of school time programs: Executive
    Summary. Institute for the Study of Resilience in Youth. Funded via
    Award 2115868.
        \3\ Zhao, Mengya et al. ``Promoting Diverse Youth's Career
    Development through Informal Science Learning: The Role of Inclusivity
    and Belonging'' Journal of Youth and Adolescence, v.52, 2023 https://
    doi.org/10.1007/s10964-022-01694-2. Funded via Award 1831593.

                                     ______

                Questions Submitted by Senator Chris Van Hollen
        Question. Preparing the next generation is key to maintaining the
    U.S.'s role as a leader in cutting-edge technology and innovations.
    That includes ensuring that HBCUs have equitable access to Federal R&D
    funding and opportunities to achieve the highest research institution
    status. I authored Sec. 10524(d) of the CHIPS & Science Act for NSF to
    support the R&D capacity at R2 HBCUs to help advance them to R1 status.
    There are currently no HBCUs that are R1. Could you provide an update
    on the status of this provision and these efforts?

        Answer. To grow the research capacity of HBCU's, NSF is using a
    cross-agency approach to expand the funding opportunities as well as
    the outreach and engagement activities to partner with HBCUs.
        The activities supported by NSF that may lead to an HBCU obtaining
    R1 status include:

      --The HBCU-Excellence in Research (HBCU-EiR) program focuses on
            improving the research capacity and competitiveness of HBCUs by
            supporting new research opportunities at these institutions. In
            FY 2024, the HBCU-EiR program released an innovative Ideas Lab
            competition through a new funding opportunity, Advancing
            Research Capacity at HBCUs through Exploration and Innovation,
            (ARC-HBCU).\1\ ARC-HBCU supports collaboration among HBCU
            faculty, research administrators, and academic leadership in
            exploring innovative approaches for addressing the HBCUs'
            research capacity needs. Project outcomes are intended to lead
            to new models and practices that will further support the R&D
            capacity at HBCUs, including advancing R2 HBCUs to R1 status.
      --The HBCU-Undergraduate Program (HBCU-UP) published the following
            DCL: Advancing STEM Education, Training and Workforce
            Development at HBCUs.\2\ Prairie View A & M University \3\ and
            Florida A & M University \4\ are two R2 HBCUs that received
            equipment awards.
      --NSF's Eddie Bernice Johnson INCLUDES: Projects focused on
            Microelectronics--At least two projects to R2 HBCUs were
            supported in partnership with HBCU-UP.\5,6\
      --Dear Colleague Letters (DCL) to inform HBCUs about funding
            opportunities were prepared with the Directorates of
            Engineering; Social, Behavioral and Economic Sciences;
            Mathematical and Physical Sciences; and Computer and
            Information Science and Engineering were published. Proposals
            were received in response to those funding opportunities. For
            example, CHIPS and Science Act funding was used to support the
            Morgan State University Center for Advanced Magnets and
            Semiconductors. Other R2 HBCUs have been invited to submit full
            proposals that are due in December 2024.

        Outreach activities to R2 HBCUs will continue in FY 2025.

        Question. To create good-paying jobs and strengthen our ability to
    compete in a rapidly changing global economy, the United States must
    stay at the forefront of innovation and technology. We must work
    urgently to not only identify and address areas where we're falling
    behind but also establish a blueprint for the future. That's why I
    authored the bipartisan Sec. 10387(h) of the CHIPS & Science Act, with
    Senator Blunt, directing NSF to enter into an agreement with the
    National Academies to assess critical and emerging areas of science and
    technology, Federal investments in these areas, and the relative
    balance in leadership globally in these areas. The FY 2024 Consolidated
    Appropriations Act (Public Law 118-42) included report language
    encouraging NSF to collaborate with NAS to initiate this report and to
    provide an estimate of the resources necessary to carry out and
    complete the report. Could you provide an update on the implementation
    of this report language and NSF's collaboration with NAS to proceed
    with Sec. 10387(h)?

        Answer. Thank you for your support of the U.S. National Science
    Foundation (NSF) and the newly established Directorate for Technology,
    Innovation and Partnerships (TIP).
        As you well know, for nearly 75 years, NSF has supported cutting-
    edge fundamental research across all scientific and engineering (S&E)
    disciplines. These discoveries and innovations have powered numerous
    technologies that have advanced our national and economic security and
    established the United States as the world leader in science and
    technology (S&T).
        Other countries have recognized the importance of investing in S&T
    and are now challenging U.S. preeminence in several critical
    technologies such as microelectronics and semiconductors, advanced
    communication, artificial intelligence, and high-performance computing.
    Ensuring our nation's prosperity now and in the future demands robust
    investment in S&E research, education, and infrastructure, with a
    renewed focus on translating scientific discoveries as well as
    innovations into new or improved products and processes in across
    America. Such investments will transform existing industries and
    establish entirely new ones, creating new jobs and opportunities in
    every city and town in the country.
        In recognition of both the challenge and opportunity facing the
    nation, Congress and the Administration worked together to pass the
    landmark CHIPS and Science Act of 2022. The Act formally established
    TIP with the express purpose of advancing innovation across the United
    States at speed and scale. Specifically, the Act charged TIP to:

      (1)  support use-inspired and translational research and accelerate
            the development and use of federally funded research;
      (2)  strengthen United States competitiveness by accelerating the
            development of key technologies; and
      (3)  grow the domestic workforce in key technology focus areas and
            expand the participation of United States students and
            researchers in areas of societal, national, and geostrategic
            importance, at all levels of education.

        Given the importance and urgency of securing U.S. S&E leadership
    for the decades ahead, the Act charges TIP with advancing 10 key
    technology focus areas as well as addressing an initial list of
    societal, national, and geostrategic challenges. Given the realities of
    appropriations as well as the continuing evolution of the S&E landscape
    globally, TIP must chart a forward-thinking, strategic, and nimble path
    for its activities. Furthermore, the success of TIP is predicated not
    only on its ability to support the critical technologies of today, but
    also in marshaling all of NSF, our Federal R&D partners, state and
    local governments, tribal nations, higher education, and the private
    sector to work collaboratively to make the investments that will
    catalyze the yet-to-be-named industries of the future.
        To this end, shortly after the CHIPS and Science Act was signed
    into law, TIP engaged in informal conversations with the National
    Academies of Science, Engineering, and Medicine (NASEM) on the review
    of the key technology focus areas and the societal, national, and
    geostrategic challenges called for in section 10387(h). TIP and NASEM
    agreed that the TIP Roadmap mandated by section 10399(b) of the Act
    would provide important background and context for NASEM's review.
        In August 2024, TIP published the ``TIP Roadmap: An Investment
    Strategy for the U.S. National Science Foundation's Directorate for
    Technology, Innovation and Partnerships''.\7\ The roadmap describes the
    directorate's strategic vision that will guide its initial investment
    decisions; how it will increase funding for research and education for
    populations and geographic areas underrepresented in STEM; and how the
    directorate will protect federally funded S&T.
        Currently, TIP and NASEM are in the process of scheduling a
    briefing to discuss the roadmap and begin more formal conversations
    around the scope of the review called for in section 10387(h). TIP
    anticipates this briefing will take place in fall 2024. The anticipated
    cost of the NASEM review is contingent on the project's scope, but
    historically NASEM studies undertaken on behalf of NSF have ranged from
    just under $1 million to roughly $2 million. NSF will have a clearer
    sense of resources required once TIP and NASEM begin formal development
    of a ``statement of task'' for the review. NSF is committed to entering
    into the formal agreement with NASEM to undertake this review no later
    than the deadline set forth in the Act (August 9, 2027).
    ---------------------------------------------------------------------------
        \1\ new.nsf.gov/funding/opportunities/advancing-research-capacity-
    hbcus-through/nsf23-626/solicitation.
        \2\ new.nsf.gov/funding/opportunities/advancing-stem-education-
    training-workforce.
        \3\ www.nsf.gov/awardsearch/showAward?AWD_ID=2428761.
        \4\ www.nsf.gov/awardsearch/showAward?AWD_ID=2429243.
        \5\ www.nsf.gov/awardsearch/showAward?AWD_ID=2435570.
        \6\ www.nsf.gov/awardsearch/showAward?AWD_ID=2436203.
        \7\ nsf-gov-resources.nsf.gov/files/TIPRoadmap_WEB.pdf.

                                     ______

                 Questions Submitted by Senator Martin Heinrich
        Question. The Very Large Array in New Mexico is the most prolific
    radio telescope in the world, and a big source of pride in my state. So
    far, Congress and NSF have committed nearly $100 million for the Next
    Generation Very Large Array. But we need $120 million more to complete
    the design and prototype. You've only asked for $7 million of that in
    fiscal year 2025. Will you ask for the remaining $113 million in fiscal
    year 2026?

        Answer. To date, the Next Generation Very Large Array (ngVLA) has
    been approved for admission into the first step in the complete NSF
    design process, the conceptual design phase, and funds have been
    awarded to enable activity in this step. Contingent on a positive
    review of the progress made during this phase, the team will be invited
    to submit a proposal for the second step, the preliminary design phase.
    Funding needs and timing of allocations for that phase will be decided
    through a review of the proposal, potentially over the course of
    multiple fiscal years. It is anticipated that the full design process
    will also require multiple years of funding. The final step in the
    process, the final design phase, must be completed prior to a
    determination as to whether or not to continue with construction.\1\
    ---------------------------------------------------------------------------
        \1\ public.nrao.edu/news/21-mil-nsf-ngvla-design-award/.

                                     ______

                  Questions Submitted by Senator John Kennedy
        Dr. Panch, I know that I do not need to lecture you on the
    importance of the NSF's EPSCoR program to underserved states like
    Louisiana. However, I can't help but be concerned over the way in which
    the program appears to be headed. Louisiana has worked hard to create
    an NSF EPSCoR program that works for our state, and my people have
    worked tirelessly to ensure that our research infrastructure remains
    competitive. While the NSF's current Track 1 program has greatly
    benefited my state over the past few years, it was recently brought to
    my attention that the NSF plans to replace it.

        Question. What is the NSF's intention with these new programs and
    why weren't they tested prior to discontinuing the successful Track 1
    program?

        Answer. While the Research Infrastructure Improvement (RII) Track-1
    funding opportunity has been in existence since NSF first established
    the program in 1978, the nation's research ecosystem has evolved
    drastically since 1978. NSF transitioned the EPSCoR RII Track-1 program
    to support new programs that would enhance NSF EPSCoR investments in
    creating a sustainable ecosystem for research, translation of research
    outcomes, economic development, and workforce creation. The new EPSCoR
    RII programs (i.e., EPSCoR Collaborations for Optimizing Research
    Ecosystems (E-CORE RII) and EPSCoR Research Incubators for STEM
    Excellence (E-RISE RII)) align with NSF's goal of growing new research
    networks and partnerships in EPSCoR jurisdictions while also leveraging
    existing ones to drive demonstrable and sustainable impact on the
    jurisdiction-wide research ecosystem.
        Given the traditional one-size-fits-all model for RII Track-1,
    there has been limited flexibility for jurisdictions to expand
    scientifical topical expertise or jurisdiction-wide research capacity
    building at a speed and scale that fits the needs of today's research
    ecosystem. The new E-CORE RII and E-RISE RII programs will allow for
    (i) scaling up the breadth of networks of research teams across
    jurisdictions in multiple research topical areas; (ii) maintaining
    research cores while developing a critical mass of researchers across
    institution types within the jurisdiction (e.g., research institutions,
    emerging research institutions, two-year college, minority-serving
    institutions, industry, non-profits) and?across STEM disciplinary
    areas; (iii) supporting the development, implementation, and evaluation
    of innovative systemic change strategies that promote greater research
    and academic competitiveness for the jurisdiction; and (iv) supporting
    sustainability of research infrastructure specific to the needs of the
    jurisdiction and that undergirds jurisdiction-wide research activities
    and workforce development.
        Both E-CORE RII and E-RISE RII are designed to prioritize scaling
    research capacity growth in EPSCoR jurisdictions by funding more
    connected research teams, strengthening existing academic resources and
    infrastructure, promoting more partnerships across various institution
    types, and expanding human capital (e.g., workforce development,
    economic development, faculty hires). With these increased investments,
    EPSCoR jurisdictions are positioned to significantly increase their
    research competitiveness and research outputs. Additionally, E-CORE and
    E-RISE RII programs will enable jurisdictions to build a broader
    framework for engaging partnerships across the entire research
    ecosystem in a jurisdiction, including with state offices, business
    chambers of commerce, and industry partners.
        This directly addresses the provisions in the CHIPS and Science Act
    for NSF to prioritize enabling sustainable growth in the
    competitiveness of jurisdictions.
        To further support EPSCoR jurisdictions' transition from RII Track-
    1 to E-CORE RII and E-RISE RII, NSF delayed archiving the RII Track-1
    program until 1 year after announcement of the E-CORE RII and E-RISE
    RII programs. The intentional overlap of funding opportunities helped
    to ease the transition from RII Track-1 to these new programs. The E-
    CORE RII and E-RISE RII programs were launched in May 2023 and RII
    Track-1 remained an active program through the FY 2024 cycle. However,
    in FY 2024, only 30 percent of eligible jurisdictions opted to submit
    to the RII Track-1 competition, with the remaining 70 percent having
    submitted proposals to E-CORE RII and/or E-RISE RII.
        Long-term, given the NSF EPSCoR program budget, the program is
    unable to award both new RII Track-1 awards along with new E-CORE RII
    and E-RISE RII awards. Doing so would limit NSF flexibility in funding
    the most worthwhile awards across all other EPSCoR RII programs, along
    with other program investment strategies (e.g., co-funding provided for
    awards through other NSF Directorates and Programs, which makes
    possible a broad portfolio of investment in S&E projects throughout
    EPSCoR jurisdictions). New awards across all three programs would also
    be a duplication of resources, potentially resulting in some
    jurisdictions receiving the lion's share of the limited funds available
    for new RII awards.

        Question. What kind of individual stakeholder outreach, besides
    internal studies or reports, did the NSF conduct prior to developing a
    replacement for EPSCoR's current Track 1 program? Was there an open
    comment period that allowed for all stakeholders to give feedback or
    did your agency only solicit input from specific jurisdictions and
    individuals?

        Answer. In transitioning the EPSCoR RII Track-1 program to E-CORE
    RII and E-RISE RII, NSF maintained the following critical guiding
    principles: (i) keep alignment with existing NSF EPSCoR goals and
    mission; (ii) position jurisdictions for success in EPSCoR funding
    opportunities and in broader NSF funding opportunities; (iii) connect
    all EPSCoR RII investments in a jurisdiction; (iv) expand support of
    all EPSCoR-eligible institutions and organizations, including new
    awardees and eligible institutions underrepresented in EPSCoR funding
    portfolio; and (v) remove a one-size-fits-all prescriptive model for
    building research capacity. E-CORE RII and E-RISE RII are intended to
    connect the multiple RII investments in a jurisdiction through
    expanding the role of jurisdictions' core coordination functioning
    units.
        In recent years, a number of external reports, assessments, and
    visioning activities have been conducted to evaluate EPSCoR's
    successes, highlight its significant challenges, and inform its future
    directions. From these inputs, while RII Track-1 outputs and impacts
    have shown some success, these successes have not been broadly scaled
    for jurisdiction-wide impact in all jurisdictions. The E-CORE RII and
    E-RISE RII programs were developed in response to common threads (e.g.,
    build capacity across institutions, enable flexible and sustainable
    program strategies, foster ecosystem approach to EPSCoR investment
    strategies) across these inputs, including the CHIPS and Science Act,
    Envisioning the Future of NSF EPSCoR report,\1\ GAO report on
    EPSCoR,\2\ and a 2M Study of the NSF EPSCoR program \3\. Moreover, the
    2M Study of NSF EPSCoR, which elucidated a conceptual framework to
    explore, define, and measure academic research excellence and
    competitiveness, illustrates the complexity and variability of the STEM
    research and education ecosystems within and across jurisdictions. The
    E-CORE RII and E-RISE RII programs allow jurisdictions to develop
    proposals that will more effectively address their variabilities,
    customizing solutions to address STEM needs in their respective
    ecosystems.
        The 2M Study of NSF EPSCoR was widely distributed across the
    stakeholder community, and EPSCoR held sessions at its annual PI
    meetings in 2020, 2021, 2022, and 2023 to address topics from the
    report and solicit feedback from the PI community. Additionally, at the
    2022 EPSCoR National Conference in Maine and 2022 EPSCoR Education,
    Outreach, and Diversity Conference, EPSCoR held a session on critical
    considerations and findings from 2M Report and the Envisioning the
    Future of NSF EPSCoR report.
        The Envisioning the Future of NSF EPSCoR report, specifically, was
    generated by a group of EPSCoR stakeholders through a subcommittee of
    the congressionally mandated Committee on Equal Opportunities in
    Science and Engineering (CEOSE) advisory committee. This subcommittee
    hosted six stakeholder listening sessions, which involved individuals
    from the EPSCoR Research Infrastructure Improvement (RII) program's
    Principal Investigator (PI) community, other NSF awardees including
    those from Primarily Undergraduate Institutions, Minority Serving
    Institutions, and Tribal Colleges and Universities, representatives
    from industry, state government, and community organizations, experts
    in research capacity and competitiveness, and university
    administrators. Feedback from these listening sessions was incorporated
    into the report's eight recommendations and nineteen suggestions. NSF's
    response to these recommendations and nearly 80 percent of the
    suggestions is directly reflected in the E-CORE RII and E-RISE RII
    programs.
        Before public release of the E-CORE RII and E-RISE RII programs,
    NSF EPSCoR extensively engaged with its stakeholder community on
    digesting recommendations from recent reports and legislation in
    preparation for these new activities. NSF is committed to evolving
    based on research, training, and education needs and priorities. Our
    innovation and propagation of change will always engage our stakeholder
    community. However, NSF does not advertise its new programs before
    publication of the program solicitation or other official
    announcements.
        For decades, the NSF has chartered two U.S. ice-capable research
    and supply vessels to support the U.S. Antarctic Program. The Office of
    Polar Programs, which I know that you are familiar with, recently
    announced its intention not to renew the contract for one of those
    vessels, the Laurence M. Gould. It is my understanding that the NSF is
    planning construction of a new Antarctic research vessel, but that
    vessel won't be delivered for several years, assuming that Congress
    provides the billion-plus dollars it will take to build the new ship.

        Question. Dr. Panch, why has the NSF chosen to terminate the
    Gould's charter well before a new vessel will be available to take its
    place? [The Gould was built in Louisiana, so I know it's a reliable
    vessel]. How can you continue to meet the needs of our Antarctic
    mission while choosing to cut a vessel that is critical to the program?
    Do you intend to charter foreign-built vessels to replace the Gould?
    What's the plan, Mr. Director?

        Answer. The Laurence M. Gould (LMG) was a vessel with limited ice
    capabilities that operated between Punta Arenas, Chile, and Palmer
    Station in the Antarctic Peninsula that provided logistics support and
    served a critical science role. While the LMG supported the United
    States Antarctic Program (USAP) for the past 27 years, with the
    construction of a new, deeper-water pier at Palmer Station, more
    efficient and economical options are now available in the region to
    better support the logistical needs of the USAP. The science support
    provided by the LMG will be supported by the remaining USAP flagship
    icebreaking research vessel Nathaniel B. Palmer, a substantially more
    capable science and icebreaking vessel than the LMG, as well as other
    vessels from the U.S. Academic Research Fleet on an as-needed basis.
    ---------------------------------------------------------------------------
        \1\ new.nsf.gov/funding/initiatives/epscor/future-nsf-epscor.
        \2\ www.gao.gov/assets/gao-22-105043.pdf.
        \3\ nsf-gov-resources.nsf.gov/2022-06/
    EPSCoR%20Base%20Period%20Final%20Report%20-
    %20%28508%20Compliant%29.pdf.
    ---------------------------------------------------------------------------

                              SUBCOMMITTEE RECESS

        Now, the subcommittee stands in recess until June 4, when
    we will hold a hearing on the budget request of the Federal
    Bureau of Investigation. Thank you all.
        [Whereupon, at 11:07 a.m., Thursday, May 23, the
    subcommittee was recessed, to reconvene subject to the call of
    the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2025

                                  ----------

                             TUESDAY, JUNE 4, 2024

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

        The subcommittee met at 2:39 p.m., in room SD-192, Dirksen
    Senate Office Building, Hon. Jeanne Shaheen (Chair), presiding.
        Present: Senators Shaheen, Reed, Coons, Manchin, Van
    Hollen, Merkley, Peters, Heinrich, Moran, Collins, Murkowski,
    Capito, Kennedy, Hagerty, and Fischer.

                        FEDERAL BUREAU OF INVESTIGATION

                  OPENING STATEMENT OF SENATOR JEANNE SHAHEEN

        Senator Shaheen. The Appropriations Subcommittee on
    Commerce, Justice, Science, and Related Agencies will come to
    order.
        Good afternoon, everyone, welcome to today's hearing to
    review the President's fiscal year 2025 funding request for the
    Federal Bureau of Investigation.
        Our witness today is FBI Director, Christopher Wray.
    Director Wray, welcome. It is nice to have you back before this
    Committee.
        Attorney General Garland was before this subcommittee in
    April and we discussed the fundamentally different position we
    are in now compared to what we were in last year. Our fiscal
    year 2023 bill made notable increases to the Justice
    Department's law enforcement components, but fiscal year 2024
    was a very different outcome for the Subcommittee and for the
    Department.
        The significant cuts in 2024 came as a result of the Fiscal
    Responsibility Act's discretionary spending limits. So our bill
    faced a 3 percent cut compared to fiscal year 2023. That is
    roughly 2.5 billion dollars less than we had in the prior year.
        In each of our hearings this year, I have tried to raise
    concerns about the ongoing constraints of the Fiscal
    Responsibility Act, and the continued cuts to discretionary
    spending. These cuts have real consequences. And I am hoping we
    will hear more from you this afternoon about what those
    consequences mean for the FBI, and how they impact the safety
    and security of the American people.
        The Bureau has already provided a good example of some of
    these impacts. Despite what appears to be a relatively modest
    cut of $32 million, or 0.3 percent, in fiscal year 2024 to the
    FBI salaries and expenses, the amount needed for the FBI to
    maintain just its current services is actually $484 million
    more than what we funded.
        The FBI's fiscal year 2025 budget request is $11.3 billion,
    $661 million above last year. It includes program enhancements
    for cyber investigative capabilities, mitigating threats from
    foreign intelligence services, and to address the increased
    volume of firearms background checks. The request would also
    allow the FBI to fund critical national security and law
    enforcement positions that were reduced as a result of the
    fiscal year 2024 appropriations.
        We also hope to hear from you about the FBI's ongoing work
    to address escalating threats that face our country, including
    how the FBI is working with its Federal, State, and local law
    enforcement partners to fight illicit drugs coming into the
    country, and how the FBI is working to protect children,
    particularly from online threats and exploitation.
        Now, before I close my opening remarks, I would like to
    thank the employees of the FBI for their dedication and service
    to our country, especially when we are asking them to do more
    with less to keep us safe.
        Director Wray, I look forward to your testimony and our
    discussion today.
        And now I will recognize the Subcommittee's Ranking Member,
    Senator Moran, for his opening remarks.

                    OPENING STATEMENT OF SENATOR JERRY MORAN

        Senator Moran. Senator Shaheen, thank you for convening our
    hearing.
        Director Wray, welcome back to this Commerce, Justice, and
    Science Subcommittee. I appreciated your time, as I indicated
    just a moment ago, in your remarks at the University of Kansas
    this past April at the Annual FBI and KU Cybersecurity
    Conference. The quality of the speakers and the panel suggests
    to me that this will become a premier annual cyber event, and I
    hope you will continue to join us; and we will try to do it
    during basketball season if you prefer.
        The ability of our Nation, in both government and private
    sector, to deter and neutralize cyber attacks from having their
    intended effect is essential to our national security and to
    our economy. These new challenges and dangers require a
    capable, qualified, and well-trained workforce to combat the
    threats. In addition to that, I want to discuss the national
    security crisis at the southern border. President Biden signed
    an executive order to limit claims of asylum for those entering
    our country.
        While action by the President is needed, I am doubtful that
    this executive order will make the necessary changes to ensure
    operational control of our border, and that we know who, why,
    and where people are crossing into our country. Last month, it
    was reported that a suspected member of ISIS had been freely
    living in the United States after illegally crossing the
    southern border. Nonetheless, it would take more than 2 years
    before that person was arrested on April the 17th.
        In another case, an individual on the terrorist watch list
    was similarly released by the Border Patrol after crossing the
    southern border. I recognize that these cases most directly
    implicate failures at DHS, but the FBI also plays a major role
    in national security screening, and facilitating the sharing of
    information across our government.
        Our world and our country have become more dangerous, our
    adversaries are coordinating with the intention of doing harm
    to the U.S., our allies, and our partners. The conflicts
    overseas present clear threats here at home. As Russia wages
    its illegal and unjust invasion of Ukraine, it is widely
    reported that Moscow is engaged in asymmetric activities such
    as sabotage in Western Europe.
        I would like you to address if we are seeing signs of that
    in our own country. The ongoing war in Gaza has the potential
    to inspire terrorists around the globe, we cannot be complacent
    in believing America will be immune, and Jewish Americans
    should not have to live in fear.
        And the Chinese regime continues its efforts to steal
    intellectual property from threaten critical infrastructure,
    and on this anniversary of Tiananmen Square, has established
    police stations in the U.S. to harass Chinese dissidents who
    find freedom in our country.
        You recently said, Director, the PRC has made it clear that
    it considers every sector that makes our society run, fair
    game. It is clear the conflicts abroad present real challenges
    at home. Compounding those challenges are distinct
    vulnerabilities on our borders, our means of communication, and
    our technology systems.
        Director, you have a wide array of challenges in front of
    you and the FBI. It seems almost insurmountable, the things
    that we face today. I look forward to hearing from you how our
    budget can help better support the work the FBI does to
    mitigate these growing threats, address the crisis at our
    southern border, and ultimately keep Americans safe.
        Thank you, and the people who work at the FBI, for your
    efforts in that regard. And I thank you also for being here
    today.
        Senator Shaheen. Thank you very much, Senator Moran.
        Vice Chair Collins, would you like to make an opening
    statement?

                 OPENING STATEMENT OF SENATOR SUSAN M. COLLINS

        Senator Collins. Thank you very much, Madam Chair.
        First, welcome Director Wray. Let me start by just saying
    that I appreciate very much your efforts to warn policymakers
    and the American public about the threat of a terrorist attack.
    We tend to be very focused on the great power competition with
    China, and Russia, and Iran, and North Korea, being major
    threats to us, but in fact, in my judgment, the most imminent
    threat that we face is that of a terrorist attack. And I share
    your assessment that everywhere we look, ``the lights are
    blinking red'', to quote you previously.
        The withdrawal of U.S. forces from Afghanistan, the rise of
    the Taliban once again, a reconstituted ISIS-K, Iran's
    deployment of proxy forces in the Middle East, the chaos at our
    southern borders, and indeed our northern border as well, has
    allowed terrorists into our country, and surging anti-
    Americanism have all combined to dramatically increase the
    threat of terrorist attacks in our country and aimed at our
    allies abroad. That is an issue that I will want to address
    with you today.
        The second issue, which we have talked about before, is the
    absolutely stunning increase, the shocking increase, in illegal
    marijuana-growing operations in rural homes in Maine that are
    often run by Chinese nationals. I brought this up to you at the
    Worldwide Threats Briefing a month ago, and I have raised the
    issue with the Attorney General just this past Thursday. The
    Somerset County Sheriff's Office shut down a growing operation
    in a house that contained 1,500 recently harvested marijuana
    plants, more than 30 pounds of processed marijuana, and the
    illicit drug-related materials, all of which were seized. This
    particular growing operation was located adjacent to a daycare
    center.
        The Attorney General has committed to having the Department
    of Justice more actively involved, along with other Federal
    agencies, in helping State, county, and local law enforcement
    in Maine. I would note Maine is not alone in experiencing this
    enormous increase. The estimates are that there are between 150
    and 200 of these sites yet to be dealt with in the State of
    Maine. But we are not alone. There are about 20 States.
        And I will be asking you this morning your assessment, what
    the FBI is doing, specifically, and whether you have
    information about the involvement of transnational Chinese
    criminal organizations. So those are two of my greatest
    concerns, and I look forward to our dialogue today.
        Thank you, and the members of the FBI for all you do.
        Senator Shaheen. Thank you, Senator Collins.
        Director Wray, the floor is yours.
    STATEMENT OF HON. CHRISTOPHER WRAY, DIRECTOR, FEDERAL
                BUREAU OF INVESTIGATION
        Director Wray. Good afternoon, Chair Shaheen, Ranking
    Member Moran, and Members of the Subcommittee. I am proud to be
    here today representing the 38,000 men and women who make up
    the FBI. Every day, our people are working relentlessly to
    outpace our adversaries and stay ahead of complex and evolving
    threats. So I would first like to thank you for your support
    over the years of our efforts to achieve our mission of
    protecting the American people and upholding the Constitution.
        At the same time, I also realize the reality of the
    environment we are in today, where so many agencies are dealing
    with tightening budgets. And this year, the FBI has been one of
    those agencies, with our fiscal year 2024 budget having now
    come in almost $500 million below what the FBI needs just to
    sustain our 2023 efforts. And while I very much appreciate this
    subcommittee's efforts to blunt any cuts, candidly, this could
    not come at a worse time.
        When I sat here last year, I walked through how we were
    already in a heightened threat environment, and since then, we
    have seen the threat from foreign terrorists rise to a whole
    other level after October 7.
        We continue to see the cartels push fentanyl and other
    dangerous drugs into every corner of the country, claiming
    countless American lives. We have seen a spate of ransomware
    attacks and other cyber attacks impacting parts of our critical
    infrastructure and businesses, both large and small.
        Violent crime, which reached alarming levels coming out of
    the pandemic, remains far too high and is impacting far too
    many communities.
        China continues its relentless efforts to steal our
    intellectual property and most valuable information. And that
    is just scratching the surface.
        When I look back over my career in law enforcement, I would
    be hard-pressed to think of a time when so many different
    threats to our public safety and national security were so
    elevated all at the same time. But that is the case as I sit
    here today. And while we have always found ways at the FBI to
    innovate and make the most with what we have, this is by no
    means a time to let up or dial back. This is a time when we
    need your support the most. And I look forward to working with
    this subcommittee to get things back on track, because right
    now we need investments in our people and the resources
    required to keep Americans safe.
        Now, I will stack the FBI's workforce up against anyone,
    anywhere, anytime. They are innovative, they are efficient,
    they are relentless, they are patriots. And we have been
    fortunate at the FBI in recent years that our recruiting has
    gone through the roof. Americans are applying in droves to
    devote their lives to a career with us, protecting others.
        But we need more positions to be able to bring all the good
    people we can to the fight, certainly not fewer. And as great
    as our people are, we also need to equip them with the
    necessary tools required to tackle today's threats. Now is not
    the time for less. To fulfill our mission, the men and women of
    the FBI need more.
        Terrorism.--Just in the time that I have been FBI Director,
    we have disrupted multiple terrorist attacks in cities and
    communities around the country. We need funding to continue
    protecting America from terrorism. I touched on this earlier,
    but there was already a heightened risk of violence in the
    United States before October 7, and since then we have seen a
    rogues' gallery of foreign terrorist organizations call for
    attacks against Americans and our allies.
        And given those calls for action, our most immediate
    concern has been that individuals or small groups will draw
    twisted inspiration from the events in the Middle East to carry
    out attacks here at home. But now, on top of that, increasingly
    concerning is the potential for a coordinated attack here in
    the homeland, not unlike the ISIS-K attack we saw at the Russia
    Concert Hall back in March.
        China.--We are up to something like 2,000 active cases
    across all 56 FBI field offices, focused on the PRC's efforts
    to try to steal our information and technology, and we need
    funding to continue countering the threat posed by the PRC, a
    Government sparing no expense in its quest to hack, lie, cheat,
    and steal its way to the top as a global superpower, and to
    undermine our democracy and our economic success.
        Cyber.--We are investigating more than a hundred different
    ransomware variants, each of them impacting scores of victims,
    and that is just ransomware. We need funding to continue
    disrupting all kinds of cyber threats, certainly those from
    China, but also from a crowded field of sophisticated criminals
    and hostile nation-states like Russia, Iran, and North Korea.
        The fentanyl epidemic.--We have got between 300 and 400
    investigations just into cartel leadership, and time and time
    again, our folks are seizing enough fentanyl to wipe out entire
    States. We need funding to continue thwarting the range of
    threats emanating from the border; fentanyl, gangs like MS-13,
    human trafficking.
        Violent crime.--Last year, our Safe Streets and Violent
    Crime Task Forces arrested something like 50 bad guys per day,
    every day, all year long. We need funding to continue fighting
    the violent crime that remains at levels in this country that
    are still too high.
        Child exploitation.--Our dedicated agents, analysts, and
    professional staff working, violent crimes against children are
    arresting hundreds of predators, and rescuing hundreds of
    victims each and every year. We need funding to continue
    protecting our most vulnerable victims from their tormentors.
        Now, in all those areas that I just mentioned, we are
    working closely with our partners at all levels of government
    to achieve our shared goals of keeping our communities safe,
    and protecting Americans from harm.
        Every day, every day, FBI agents, analysts, and
    professional staff are working shoulder-to-shoulder with
    thousands of task force officers from hundreds of different
    police departments and sheriff's offices all over the country
    on our FBI-led task forces. On top of that, we provide
    technology and expertise, valuable investigative leads, like
    DNA matches, and cutting-edge training to law enforcement
    nationwide to help them keep our communities safe.
        So as I know this subcommittee recognizes, cuts to us are
    cuts to our partners, State and local law enforcement agencies
    and officers who are on the ground putting themselves in the
    line of fire, often, quite literally. That is just one way that
    cuts to us are going to have real impacts on the American
    people.
        So yes, despite best efforts, we took a hit in the 2024
    budget, but 2025 is a chance to get back on track and provide
    the FBI's men and women the tools and resources the American
    people need us to have to keep them safe.
        So thank you again for having me here today, and I look
    forward to our discussion.

        [The statement follows:]
    Prepared Statement of Christopher A. Wray, Director, Federal Bureau of
                                 Investigation
        Good afternoon, Chair Shaheen, Ranking Member Moran, and Members of
    the Subcommittee. Thank you for inviting me to appear before you today.
    Each day, Federal Bureau of Investigation (``FBI'') personnel are
    making a real difference in communities across the nation, tackling
    some of the most complex national security and criminal threats with
    perseverance, professionalism, and integrity--sometimes at the greatest
    of costs. I am extremely proud of their service and commitment. On
    their behalf, I ask for your support and pledge to be the best possible
    stewards of the resources you provide. I would like to begin by
    providing a brief overview of the FBI's FY 2025 budget request, and
    then follow with a short discussion of key threats and challenges that
    we face, both as a nation and as an organization.
                            fy 2025 budget overview
        The FY 2025 budget request proposes a total of $11.3 billion in
    direct budget authority to carry out the FBI's national security,
    intelligence, criminal law enforcement, and criminal justice services
    missions. The gross request includes a total of $11.3 billion for
    Salaries and Expenses, which will support 37,083 positions (13,623
    Special Agents, 3,337 Intelligence Analysts, and 20,123 professional
    staff), and $61.9 million for Construction. The request includes
    program enhancements under Salaries and Expenses, including $7.0
    million to enhance cyber investigative capabilities, $17.8 million to
    mitigate threats from foreign intelligence services, and $8.4 million
    to address the increased volume of firearms background checks. The
    request also provides funding to allow the FBI to fund critical
    national security and law enforcement positions reduced as a result of
    reductions in the FY 2024 enacted appropriation. Congress has long
    supported these positions in years past, and the safety and security of
    the American people would be well served by allowing the FBI to
    continue filling these positions in FY 2025 through the requested
    budget.
        As described in this threat summary, our adversaries are not
    scaling back their efforts because of the constrained budget
    environment. In fact, threat actors may try to take advantage of
    Federal budget reductions to conduct nefarious activities. The FBI
    cannot afford to be playing catch-up to the People's Republic of China
    (``PRC''), Hamas, and transnational organized criminals coming across
    the border, and cyber actors. With the requested resources, the FBI
    will have the talent, tools, and authorities to do more to protect the
    American people and uphold the Constitution.
                           key threats and challenges
        Over the past year, the threats facing our nation have escalated.
    These threats emanate from myriad sources--nation-states, hostile
    foreign intelligence services, and criminals. They range from homegrown
    violent extremists (HVEs) to sophisticated cyber-attacks, from Internet
    facilitated sexual exploitation of children to human trafficking, from
    violent gangs and criminal organizations to public corruption and
    corporate fraud. Keeping pace with these threats is a significant
    challenge for the FBI, especially as technology evolves and allows
    adversaries to use 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
    United States. Cyber actors also exploit technology to infiltrate U.S.
    networks, steal our intellectual property and secrets, spread malware,
    hold our critical infrastructure at risk, and create chaos. The breadth
    of these threats and challenges are as complex as at 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 funding the FBI to do its part in
    thwarting these threats and facing these challenges is greatly
    appreciated. That support will allow us to establish strong
    capabilities and capacities to assess threats, share intelligence,
    leverage key technologies, and--in some respects, most importantly--
    hire the best personnel 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 will face
    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
        Protecting the American people from terrorism--both international
    and domestic--remains the FBI's number one priority. The threat from
    terrorism is as persistent and complex as ever. As we saw in October
    with the devastating attack in Israel, terrorist actors are still very
    intent on using violence and brutality to spread their ideologies. We
    are in an environment where the threats from international terrorism
    (IT), domestic terrorism (DT), and state-sponsored terrorism are all
    simultaneously elevated.
        Over the past few years, the greatest terrorism threat to our
    homeland has been posed by lone actors or small cells of individuals
    who typically radicalize to violence online and who primarily use
    easily accessible weapons to attack soft targets. In addition to this
    threat, which has not diminished, we are also increasingly concerned
    that foreign terrorist organizations will enable or direct attacks on
    U.S, soil. We see the lone offender threat with both domestic violent
    extremists (``DVEs'') and HVEs, two distinct threats, both primarily
    located in the United States that typically radicalize and mobilize to
    violence on their own. DVEs are individuals based and operating
    primarily within the United States or its territories without direction
    or inspiration from a foreign terrorist group or other foreign power
    who seek to further political or social goals through unlawful acts of
    force or violence. In comparison, HVEs are individuals of any
    citizenship who have lived and/or operated primarily in the United
    States or its territories, who advocate, are engaged in, or are
    preparing to engage in ideologically motivated terrorist activities in
    furtherance of political or social objectives promoted by a foreign
    terrorist organization but are acting independently of direction by a
    foreign terrorist organization (``FTO'').
        Domestic and homegrown violent extremists are often motivated and
    inspired by a mix of social or 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 public mass gatherings. Lone actors present a
    particular challenge to law enforcement and intelligence agencies.
    These actors are difficult to identify, investigate, and disrupt before
    they take violent action, especially because of the insular nature of
    their radicalization and mobilization to violence and limited
    discussions with others regarding their plans.
        The top domestic terrorism threat we face continues to be from DVEs
    we categorize as racially or ethnically motivated violent extremists
    (``RMVEs'') and anti-government or anti-authority violent extremists
    (``AGAAVEs''). The number of FBI domestic terrorism investigations has
    more than doubled since the spring of 2020. At the end of FY 2023, the
    FBI was conducting approximately 2,700 investigations within the
    domestic terrorism program and was also conducting approximately 4,000
    investigations within its international terrorism program.
        The FBI assesses HVEs as the greatest, most immediate international
    terrorism threat to the homeland. HVEs are people located and
    radicalized to violence primarily in the United States, who are not
    receiving individualized direction from FTOs but are inspired to commit
    violence by FTOs, including the self-proclaimed Islamic State of Iraq
    and ash-Sham (``ISIS'') and al-Qaida and their affiliates. The 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 potential
    violent attacks by HVEs.
        While we assist our Israeli colleagues and we understand the global
    implications of the ongoing conflict in Israel, we are paying
    heightened attention to how the events abroad could directly affect and
    inspire people to commit violence here in the Homeland. Terrorist
    organizations worldwide, as well as individuals attracted to violence,
    have praised Hamas' horrific attack on Israeli civilians. We have seen
    violent extremists across ideologies seeking to target Jewish and
    Muslim people and institutions through physical assaults, bomb threats,
    and online calls for mass casualty attacks. Our top concern stems from
    lone offenders inspired by--or reacting to--the ongoing Israel-Hamas
    conflict, as they pose the most likely threat to Americans, especially
    Jewish, Muslim, and Arab-American communities in the United States. We
    have seen an increase in reported threats to Jewish and Muslim people,
    institutions, and houses of worship here in the United States, and we
    are moving quickly to mitigate them.
        Presently, we have no information to indicate that Hamas has the
    intent or capability to conduct operations inside the United States,
    though we cannot, and do not, discount that possibility, but we are
    especially concerned about the possibility of Hamas supporters engaging
    in violence on the group's behalf. As always, we are concerned with any
    FTO that may exploit the attacks in Israel as a tool to mobilize their
    followers around the world. In recent years, there have been several
    events and incidents in the United States that were purportedly
    motivated, at least in part, by the conflict between Israel and Hamas.
    These have included the targeting of individuals, houses of worship,
    and institutions associated with the Jewish and Muslim faiths with acts
    of physical assault, vandalism, or harassment. Anti-Semitism and anti-
    Islamic sentiment permeate many violent extremist ideologies and serve
    as a primary driver for attacks by a diverse set of violent extremists
    who pose a persistent threat to Jewish and Muslim communities and
    institutions in the United States and abroad. FTOs have exploited
    previous conflicts between Israel and Hamas via media outlets and
    online communications to call on their supporters located in the United
    States to conduct attacks. Some violent extremists have used times of
    heightened tensions to incite violence against religious minorities,
    targeting both Jewish and Muslim Americans.
        The FBI remains concerned about the intent of FTOs, such as ISIS
    and al-Qaida and their affiliates, 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 its partners--here at home and overseas. ISIS and its
    supporters continue 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 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 specifically advocated for attacks
    against civilians, the military, law enforcement, and intelligence
    community personnel.
        Al-Qaida also maintains its desire to conduct and to inspire large-
    scale attacks. Because continued pressure has degraded some of the
    group's senior leadership, we assess that, in the near term, al-Qaida
    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. Nevertheless, propaganda from al-
    Qaida leaders continues to seek individuals inspired 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, attack and plot against the United States and our
    allies throughout the Middle East. Iran's Islamic Revolutionary Guard
    Corps-Qods Force (``IRGC-QF'') has also provided support to militant
    resistance groups and terrorist organizations. And Iran has supported
    Lebanese Hizballah and other terrorist groups. Hizballah has sent
    operatives to build terrorist infrastructure worldwide. The arrests of
    individuals in the United States allegedly linked to Hizballah's main
    overseas terrorist arm, and their intelligence-collection and -
    procurement efforts, demonstrate Hizballah's interest in long-term
    contingency planning activities here in the Homeland. Hizballah
    Secretary-General Hassan Nasrallah has also threatened retaliation for
    the death of IRGC-QF Commander Qassem Soleimani.
        While the terrorism threat continues to evolve, the FBI's resolve
    to counter that threat remains constant. 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 its 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 threats posed by violent extremists 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.
        In addition to fighting terrorism, countering the proliferation of
    weapons-of-mass- destruction materials (``WMD''), technologies, and
    expertise, preventing their use by any actor, and securing nuclear and
    radioactive materials of concern are also top national security
    priorities for the FBI. The FBI considers preventing, mitigating,
    investigating, and responding to WMD terrorism a ``no-fail'' mission
    because a WMD attack could result in substantial injuries, illness, or
    loss of lives, and yield significant social, economic, political, and
    other national security consequences.
        The FY 2025 budget request will allow the FBI to invest resources
    in counterterrorism programs previously funded prior to the FY 2024
    appropriation. In a rapidly evolving threat environment, now is not the
    time to reduce resources against international terrorism threats.
    Cyber
        The FBI has seen a wider-than-ever range of cyber actors threaten
    Americans' safety, security, and confidence in our digitally connected
    world. Cybercriminal syndicates and nation-states continue to innovate,
    using unique techniques to compromise our networks and maximize the
    reach and impact of their operations. Those techniques include selling
    malware as a service or targeting vendors 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, extort us, and hold our critical
    infrastructure at risk without incurring any risk themselves. In the
    last few years, we have seen the People's Republic of China (``PRC''),
    the Democratic People's Republic of Korea (``DPRK''), and Russia use
    cyber operations to target U.S. research. We have seen the PRC working
    to obtain controlled dual-use technology, while developing an arsenal
    of advanced cyber capabilities that could be used against other
    countries in the event of a real-world conflict. And we have seen the
    disruptive impact a serious supply- chain compromise can have through
    the SolarWinds-related intrusions, conducted by the Russian Foreign
    Intelligence Service. As these adversaries become more sophisticated,
    we are increasingly concerned about our ability to detect 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.
        Making things even more difficult, there is often no bright line
    that separates 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, such as ransomware, typically used by criminal actors.
        So, as dangerous as nation-states are, we do not have the luxury of
    focusing only on them. In the past year, we also have seen
    cybercriminals target hospitals, medical centers, educational
    institutions, and other critical infrastructure for theft or
    ransomware, causing massive disruption to our daily lives. Incidents
    affecting medical centers have led to the interruption of computer
    networks and systems that put patients' lives at increased risk.
        We have also seen the rise of an ecosystem of services dedicated to
    supporting cybercrime in exchange for cryptocurrency. Criminals now
    have new tools to engage in destructive behavior--for example,
    deploying ransomware to paralyze entire hospitals, police departments,
    and businesses--as well as new means to better conceal their tracks. It
    is not that individual malicious cyber actors have necessarily become
    much more sophisticated, but that they can now more easily rent
    sophisticated capabilities.
        We must make it harder and more painful for malicious cyber actors
    and criminals to carry on their malicious activities. As the lead
    Federal agency for threat response, the FBI 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 departments and agencies to ensure that our foreign partners
    are able and willing to cooperate in our efforts to disrupt
    perpetrators of cybercrime.
        An example of this approach is the coordinated international
    operation announced in April 2023 against Genesis Market, a criminal
    online marketplace offering access to data stolen from over 1.5 million
    compromised computers around the world containing over 80 million
    account access credentials. Genesis Market was also a prolific initial
    access broker (IAB) in the cyber-crime world, providing criminals a
    user-friendly database to search for stolen credentials so they could
    easily infiltrate a victim's computer. As part of this operation, law
    enforcement seized 11 domain names used to support Genesis Market's
    infrastructure pursuant to a warrant authorized by the US District
    Court for the Eastern District of Wisconsin. A total of 22
    international agencies and 44 FBI field offices assisted the FBI
    Milwaukee Field Office investigating the case. And on April 5, 2023,
    the U.S. Department of Treasury announced sanctions against Genesis
    Market.
        In January 2024, the FBI announced an operation where the FBI and
    its partners identified a network of hundreds of compromised routers
    used by the PRC sponsored hacking group known as Volt Typhoon. The
    botnet enabled China to hide, among other things, pre-operational
    reconnaissance and network exploitation against critical infrastructure
    like our communications, energy, transportation, and water sectors. The
    PRC took these steps to find and prepare to destroy or degrade the
    civilian critical infrastructure that keeps us safe and prosperous. To
    be extremely clear, cyber threats to our critical infrastructure
    represent real-world threats to our physical safety. Working with our
    partners, the FBI ran a court-authorized, on-network operation that
    significantly disrupted this Volt Typhoon botnet and the access it
    enabled.
        This operation was an important step. But there's a lot more to do.
    To quantify what we are up against: the PRC has a bigger hacking
    program than every other major nation combined. In fact, if each one of
    the FBI's cyber agents and intelligence analysts focused exclusively on
    the PRC threat, the PRC's hackers would still outnumber FBI cyber
    personnel at least 50 to 1. The appropriations this Committee decides
    on this year will dictate what resources can apply to counter the
    growing PRC cyber threat, especially as 2027, the year that the Chinese
    Communist Party (CCP) has targeted for a potential invasion of Taiwan,
    approaches.
        The FBI is doing everything in its power to combat these threats.
    In total, we took over 1,000 actions against cyber adversaries in 2023,
    to include arrests, criminal charges, convictions, dismantlements, and
    disruptions, and enabled many more actions through our dedicated
    partnerships with the private sector, foreign partners, and with
    Federal, state, and local entities. We also provided thousands of
    individualized threat warnings and disseminated 78 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.
        Along with our partners in the interagency, the FBI has devoted
    significant energy and resources to partnerships 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 an incident, as well as how we
    protect identities and other information that the private sector shares
    with us. We are still 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 our
    partners 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. Our collective response to significant cyber threats--the
    SolarWinds campaign, Russia's Cyclops Blink botnet,, and the Colonial
    Pipeline incident-- only emphasize what we have been saying for a long
    time: the government cannot protect against cyber threats on its own.
    We need a fully resourced whole-of-society approach that matches the
    scope of the danger. There is 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 myriad 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 FY 2025 Request includes an
    additional 12 positions (including 4 Special Agents and 8 Professional
    Staff) and $7.0 million to enhance cyber response capabilities.
    Foreign Intelligence Threats
        Nations such as the PRC, Russia, and Iran are becoming more
    aggressive and more capable than ever before. These nations seek to
    undermine our core democratic, economic, and scientific institutions,
    and they employ a growing range of tactics. Defending American
    institutions and values against these threats is a national security
    imperative and a priority for the FBI.
        With that, the greatest long-term threat to our Nation's ideas,
    innovation, and economic security is from PRC foreign intelligence and
    economic espionage. By extension, it is also a threat to our national
    security. The PRC aspires to reshape the international rules-based
    system to its benefit, often with little regard for international norms
    and laws.
        When it comes to economic espionage, the PRC uses every means at
    its disposal, blending cyber, human intelligence, diplomacy, corporate
    transactions, and other pressure on U.S. companies operating in the
    PRC, to steal our companies' innovations. These efforts are consistent
    with the PRC's expressed goals of becoming the preeminent power on the
    world stage through technology-enabled economic and military
    development.
        To pursue this goal, the PRC uses human intelligence officers, co-
    optees, and corrupt corporate insiders, as well as sophisticated cyber
    intrusions, pressure on U.S. companies in China, shell-game corporate
    transactions, and joint-venture ``partnerships'' that are anything but
    a true partnership. There is nothing traditional about the scale of
    their theft. It is unprecedented. American workers and companies are
    facing a greater, more complex danger than they have dealt with before.
    Stolen innovation means stolen jobs, stolen opportunities for American
    workers, and stolen national power.
        As the lead U.S. counterintelligence agency, the FBI is responsible
    for detecting and lawfully countering the actions of foreign
    intelligence services and organizations as they seek to adversely
    affect U.S. national interests. The FBI recognized the need to
    coordinate similar efforts across all agencies, and therefore
    established the National Counterintelligence Task Force (``NCITF'') in
    2019 to create a whole-of-government approach to counterintelligence.
    The FBI established the national-level NCITF, in the National Capital
    Region to coordinate, facilitate, and focus multi-agency
    counterintelligence operations, and to programmatically support local
    Counterintelligence Task Force (``CITF'') operations in each FBI field
    office. Combining the authorities and operational capabilities of the
    U.S. Intelligence Community, Federal, state, and local law enforcement,
    and local CITFs, the NCITF coordinates and leads whole-of-government
    efforts to defeat hostile intelligence activities targeting the United
    States.
        The Department of Defense (``DoD'') has been a key partner in the
    NCITF since its founding. While the FBI has had long-term collaborative
    relationships with DoD entities such as the Air Force Office of Special
    Investigations, Naval Criminal Investigative Service, and Army
    Counterintelligence, the NCITF has allowed us to enhance our
    collaboration with each other for greater impact. We plan to emphasize
    this whole-of-government approach moving forward as a powerful formula
    to mitigate the modern counterintelligence threats.
        In recent years, we have seen a rise in efforts by authoritarian
    regimes to interfere with freedom of expression and punish dissidents,
    political opponents, and others abroad. These acts of repression cross
    national borders, often reaching into the United States. The
    governments of China, Russia, and Iran, and their proxies stalk,
    intimidate, and harass expatriates or dissidents who speak against the
    regime from within the United States and elsewhere, as well as other
    individuals these governments view as threats to their regime.
        Transnational repression can occur in different forms, including
    assault, kidnapping, and murder. Governments use transnational
    repression tactics to silence the voices of their own or former
    citizens, U.S. residents, and family members living abroad who are
    critical of their regimes. This sort of repressive behavior is
    antithetical to our values. People from all over the world are drawn to
    the United States by the promise of living in a free and open society
    that adheres to the rule of law. To ensure that this promise remains a
    reality, we must continue to use all of our tools to block
    authoritarian regimes that seek to extend their tactics of repression
    beyond their own shores.
        In addition, our Nation is confronting multifaceted foreign threats
    seeking both to influence our national policies and public opinion and
    to harm our national dialogue and debate. The FBI and our interagency
    partners remain focused on foreign malign influence operations,
    including subversive, undeclared, coercive, and criminal actions used
    by foreign governments in their attempts to sway U.S. citizens'
    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. 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 our Counterintelligence Division, and comprises 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 inside the
    United States.
        The domestic counterintelligence environment is more complex than
    ever. We face a persistent and pervasive national security threat from
    foreign adversaries, particularly the governments of China, Russia, and
    Iran, who conduct sophisticated intelligence operations using coercion,
    subversion, malign influence, cyber and economic espionage, traditional
    spying, and non-traditional human intelligence collection. Together,
    they pose a continuous threat to U.S. national security and our economy
    by targeting strategic technologies, industries, sectors, and critical
    infrastructure. Historically, these asymmetric national security
    threats involved foreign intelligence service officers seeking U.S.
    government and U.S. Intelligence Community information. Now, however,
    the FBI has observed foreign adversaries employing a wider 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 counterintelligence priorities
    to address this evolution.
        The FY 2025 Request includes an additional 44 positions (12 Special
    Agents, 18 Intelligence Analysts, and 14 Professional Staff) and $17.8
    million to help combat the threats posed by foreign, and potentially
    hostile, intelligence services and other foreign government actors.
                                criminal threats
        The United States. faces many criminal threats, including financial
    and healthcare fraud, transnational and regional organized criminal
    enterprises, crimes against children, human trafficking, and public
    corruption. Criminal organizations--domestic and international--and
    individual criminal activity represent a significant threat to security
    and safety in communities across the Nation.
        A critical tool in protecting the Nation from those who wish to do
    harm is the National Instant Criminal Background Check System, or NICS.
    The goal of NICS is to ensure that guns do not fall into the wrong
    hands and ensure the timely transfer of firearms to eligible gun
    buyers. Mandated by the Brady Handgun Violence Prevention Act of 1993
    and launched by the FBI on November 30, 1998, NICS is used by Federal
    Firearms Licensees (``FFLs'') to determine whether a prospective buyer
    is eligible to buy firearms. NICS receives information from tens of
    thousands of FFLs and checks to ensure that applicants do not have a
    criminal record and are not otherwise prohibited and therefore
    ineligible to purchase a firearm. In the first complete month of
    operation in 1998, a total of 892,840 firearm background checks were
    processed. By contrast, in 2023, approximately 2.4 million checks were
    processed per month, for a total of 29.9 million processed last year.
        The Bipartisan Safer Communities Act (BSCA), signed into law in
    June 2022, requires enhanced NICS background checks for any person
    under the age of 21. These enhanced background checks are more labor-
    intensive but have prevented ineligible persons from acquiring
    firearms. As provisions from the BSCA continue to be implemented, the
    FBI expects the volume of NICS transactions to continue to grow.
    Ensuring the timely processing of these inquiries is important to
    ensure law abiding citizens can exercise their right to purchase a
    firearm and to protect communities from prohibited, and therefore
    ineligible, individuals attempting to acquire a firearm. To ensure the
    FBI maintains this capability, the FY 2025 Request includes an
    additional 27 positions (including 1 Special Agent and 26 Professional
    Staff) and $8.4 million.
    Violent Crime
        Violent crimes and gang activities exact a high toll on individuals
    and communities. Many of today's gangs are sophisticated and are well
    organized. They 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.
        FBI joint task forces--Violent Crime Safe Streets, Violent Gang
    Safe Streets, and Safe Trails-- identify and target major groups
    operating as criminal enterprises. Much of the FBI criminal
    intelligence is derived from our state, local, territorial, and Tribal
    law enforcement partners, who know their communities inside and out.
    Joint task forces benefit from FBI surveillance assets, and our sources
    track these gangs to identify emerging trends. Through these multi-
    subject and multi-jurisdictional investigations, the FBI concentrates
    its efforts on high-level groups engaged in patterns of racketeering.
    This investigative model enables us to target senior gang leadership
    and to develop enterprise-based prosecutions.
        By way of example, the FBI has dedicated tremendous resources to
    combat the threat of violence posed by MS-13. The atypical nature of
    this gang has required a multi-pronged approach--we work through our
    task forces here in the United States. while simultaneously gathering
    intelligence from and aiding our international law enforcement
    partners. We do this through the FBI's Transnational Anti-Gang Task
    Forces (``TAGs''). Established in El Salvador in 2007 through the FBI's
    National Gang Task Force, Legal Attache? San Salvador, and the
    Department of State, each TAG is a fully operational unit responsible
    for the investigation of MS-13 operating in the northern triangle of
    Central America and threatening the United States. This program
    combines the expertise, resources, and jurisdiction of participating
    agencies involved in investigating and countering transnational
    criminal gang activity in the United States and Central America. There
    are now TAGs in El Salvador, Guatemala, and Honduras. Through these
    collaborating efforts, the FBI has achieved substantial success in
    countering the MS-13 threat.
        We are committed to working with our Federal, state, local, and
    Tribal partners in a coordinated effort to reduce violent crime in the
    United States.
    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 such as loan-sharking, extortion, and
    murder, modern criminal enterprises are now also involved in
    trafficking counterfeit prescription drugs containing deadly fentanyl,
    conducting stock market fraud and manipulation, committing cyber-
    facilitated bank fraud and embezzlement, illicit drug trafficking,
    identity theft, human trafficking, money laundering, alien smuggling,
    engaging in public corruption, weapons trafficking, 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, territorial, Tribal, and international partners.
        As part of our efforts to combat the TOC threat, the FBI is focused
    on the cartels trafficking dangerous narcotics, like fentanyl, across
    our borders. The FBI has over 350 cases linked to cartel leadership,
    and 91 of those are along the southern border. Additionally, the FBI
    actively participates in 18 Organized Crime Drug Enforcement Task
    Forces (``OCDETF'') Strike Forces across the United States,
    investigating major drug trafficking, money laundering, and other high-
    priority TOC networks. On top of that, through our prescription drug
    initiative we are pursuing healthcare fraud investigations against
    medical professionals and pill mills, through our Safe Streets Task
    Forces, investigating the gangs and criminal groups responsible for
    distributing dangerous substances like fentanyl, and through our Joint
    Criminal Opioid Darknet Enforcement team disrupting and dismantling
    DarkNet marketplaces for prescription opioids and drugs like fentanyl.
        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 the Darknet to engage in illegal activity while exploiting emerging
    technology to traffic illicit drugs and contraband across international
    borders and into the United States.
    Crimes Against Children and Human Trafficking
        Every year, thousands of children become victims of crimes, whether
    it results from kidnappings, violent attacks, sexual abuse, human
    trafficking, or online predators. The FBI is uniquely positioned to
    provide a rapid, proactive, and comprehensive response. We help
    identify, locate, and recover child victims. Our strong relationships
    with Federal, state, local, territorial, Tribal, and international law
    enforcement partners also help 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 proliferation of sites on the
    Darknet and end-to-end encryption. For example, currently, there are at
    least 30 Child Sexual Abuse Material (CSAM) sites operating openly and
    notoriously on the Darknet. Some of these exploitative sites are
    exclusively dedicated to the sexual abuse of infants and toddlers. The
    sites often expand rapidly, with one site obtaining as many as 200,000
    new members within its first few weeks of operation. End-to-end
    encrypted apps allow offenders to form groups of like-minded
    individuals to trade files of CSAM and trade tips for how to exploit
    children--all with no fear of detection.
        Another growing area of concern involving the sexual exploitation
    of children and adults alike is the explosion in incidents of children,
    teens, and adults being coerced into sending explicit images online and
    being extorted for money. Known as financially motivated
    ``sextortion,'' between October 2021 and March 2023, law enforcement
    received over 13,000 reports of this type of crime, resulting in at
    least 12,600 victims here and abroad, and more than 20 suicides. A
    large percentage of these sextortion schemes originate outside the
    United States, primarily in West African countries such as Nigeria and
    Ivory Coast. The continued development of Artificial Intelligence (AI)
    has made this crime even easier to commit. Perhaps the most difficult
    part of a successful sextortion is convincing the child to initially
    share a sexually explicit depiction. Now, with AI, offenders can create
    the sexually explicit depiction from innocent images available on
    social media--and then use that created image to extort the child into
    creating actual depictions or making a financial payment. The FBI
    continues to collaborate with other law enforcement partners and the
    National Center for Missing and Exploited Children to mitigate this
    criminal activity and provide the public with informational alerts and
    victim resources regarding these crimes.
        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 and constructs, including the
    Innocence Lost National Initiative, the Innocent Images National
    Initiative, Operation Cross Country, Child Abduction Rapid Deployment
    Team, Victim Services, over 80 Child Exploitation and Human Trafficking
    Task Forces, over 74 International Violent Crimes Against Children Task
    Force officers, and numerous community outreach programs to educate
    parents and children about safety measures they can follow. Through
    improved communications, the FBI collaborates with partners throughout
    the world quickly, playing an integral role in preventing crimes
    against children.
        The Child Abduction Rapid Deployment Team is a rapid-response team
    with experienced investigators strategically located across the country
    to quickly respond to child abductions. Investigators provide a full
    array of investigative and technical resources during the most critical
    time following the abduction of a child, such as the collection and
    analysis of DNA, impression, and trace evidence, the processing of
    digital forensic evidence, and interviewing expertise.
        The FBI also focuses efforts to stop human trafficking of both
    children and adults, including both sex trafficking and forced labor.
    The FBI works collaboratively with law enforcement partners to disrupt
    all forms of human trafficking through Human Trafficking Task Forces
    nationwide. Over a two-week period in 2023, the FBI and its Federal,
    state, local, and Tribal partners, executed approximately 350
    operations to recover potential survivors of human trafficking and
    other forms of exploitation, and to disrupt potential trafficking and
    exploitation crimes. These operations identified and located 59 minors
    who were potential victims of child sex trafficking, child sexual
    exploitation, or related state or Federal offenses and located 59
    actively missing children. Furthermore, the FBI and its partners
    located 141 adults who were identified as potential victims of sexual
    exploitation, human trafficking, or related state or Federal offenses.
    In addition to identifying and recovering missing children and
    potential victims, these law enforcement actions led to the
    identification or arrest of 126 suspects implicated in potential child
    sexual exploitation, human trafficking, or related state or Federal
    offenses.
        While many potential victims of human trafficking encountered or
    recovered by the FBI are adult U.S. citizens, foreign nationals,
    children, and other vulnerable populations are disproportionately
    harmed by both sex and labor trafficking. In 2023, the FBI initiated
    efforts to develop specialized strategies for identifying and
    investigating crimes involving forced labor and transnational
    trafficking of foreign-national victims into the United States. The FBI
    and its partners 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 Federal, state, local, territorial, and Tribal 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 and
    survivors in moving beyond their exploitation.
                 key cross-cutting capabilities and capacities
    Operational Technologies
        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 FBI Laboratory is one of the largest and most comprehensive
    forensic laboratories in the world. Operating out of a state-of-the-art
    facility in Quantico, Virginia, laboratory personnel travel the world
    on assignment, using science and technology to protect a Nation and
    support law enforcement, intelligence, military, and forensic science
    partners. The Lab's many services include providing expert testimony,
    mapping crime scenes, and conducting forensic exams of physical and
    hazardous evidence. Lab personnel possess expertise in many areas of
    forensics supporting law enforcement and intelligence purposes,
    including explosives, trace evidence, documents, chemistry,
    cryptography, DNA, facial reconstruction, fingerprints, firearms,
    digital forensics and WMDs.
        One example of the Lab's key services and programs is the Combined
    DNA Index System (CODIS), which allows 200 law enforcement laboratories
    throughout the United States to compare over 20 million DNA profiles.
    In the last 20 years, CODIS has aided over 675,000 investigations,
    while maintaining its sterling reputation and the confidence of the
    American public.
        Statutory requirements and recent regulatory changes have
    significantly expanded the DNA processing requirements of the FBI. For
    instance, enacted in 2005, the DNA Fingerprint Act (in 34 U.S.C.
    Sec. 40702(a)(1)(A) and (B)) authorized the Attorney General to collect
    DNA samples from individuals who are arrested, facing charges, or
    convicted, and from non-U.S. persons detained under U.S. authority. The
    law mandates Federal DNA collection agencies submit their arrestee
    collections to the FBI Laboratory for analysis and entry into CODIS. In
    April 2020, the Department of Justice amended the DNA Fingerprint Act's
    implementing rule that now precludes the Department of Homeland
    Security (DHS) from waiving DNA collections. As a result, during the
    past twelve months, the FBI received an average of 146,000 DNA samples
    per month, which is more than quadruple the average monthly submission
    rate for FY 2021 of 36,300 samples. This substantial increase has
    created massive budget and personnel shortfalls for the FBI. While the
    FBI has worked with DHS components to automate and streamline
    workflows, a backlog of over 1.6 million samples (as of April 2024) has
    developed, increasing the likelihood of arrestees and non-U.S.
    detainees being released before identification through investigative
    leads. The Administration requested $204 million in its national
    security supplemental to address this backlog.
        Investment in additional DNA expansion capabilities and technology
    is critical to maintaining and enhancing the FBI's ability to address
    emerging threats and help mission critical information reach partners
    and investigators in an expeditious manner.
                                   conclusion
        In conclusion, 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. I also want to pledge to
    this Committee to be good stewards of the resources provided.
        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 Wray.
        Senator Manchin, I understand you have to leave to chair
    another hearing, so would you like to begin the questioning?
        Senator Manchin. First of all, thank you, Madam Chair. I
    appreciate that very much.
        And to Director Wray, to you, and to all of the 35,000-plus
    members who protect us every day, and put their lives in harm's
    way for us, I want to thank each and every one of them too.
        Sir, real quickly, I want to thank you for coming in 2022
    to our Clarksburg, West Virginia FBI Center, which is your
    largest, I believe, installation that does all the background
    checks. And my concern there is the Bipartisan Safer
    Communities Act, making sure you have the necessary funds and
    budget to enact that properly, that we can continue to grow and
    protect the people of America from those who want weapons for
    the wrong reason, and shouldn't have them, that we can do the
    background checks properly.
        So if you feel that this has been done adequately there and
    if there is any help that you are needing; please let me know.
        Director Wray. So I certainly appreciate your strong
    support for the men and women of CGIS. As we have discussed, I
    think before, in my view, the folks at CGIS are the folks that,
    in some ways, have the greatest impact on the American people
    but that the American people know the least about. And one of
    those services, of course, is NICS, and the Bipartisan Safer
    Communities Act, provided an important boost to our authorities
    in that space, and additional funding.
        Now, on the funding part, though, here is the key.
        Senator Manchin. I understand, and I heard----
        Director Wray. Here is the key, we are very grateful to
    this subcommittee and to Congress for the 170 positions that
    were provided to NICS to implement BSCA, the problem, the
    problem is that was a one-time funding.
        Senator Manchin. Yes.
        Director Wray. And so if this Congress doesn't
    reauthorize--doesn't re-appropriate, I should say, that funding
    we lose those 170 positions. So we need to get those positions
    funded, you know, in sort of going forward, and not just one-
    time funding, and in addition to that, in the 2025 budget, we
    have asked for an enhancement, it is not a huge enhancement,
    but it is an enhancement with more positions because right now
    what is happening is the sheer volume of the new checks that we
    have to do is going to draw people away from the traditional
    background checks.
        Senator Manchin. If you notice we are running out of time.
    If I can get a couple more in, sir, I would appreciate it very
    much.
        Director Wray. Yes.
        Senator Manchin. But if you want go ahead and brag on the
    people in Clarksburg, West Virginia, all the good work they do.
    I appreciate that very much, and I am very proud of them too.
        The border, the southern border, I think you have touched
    on that, how absolutely horrendous that is, and what we have
    got to do and all the threats that we are facing there. And we
    are hoping today's announcement by the President will give us
    some light of hope, no matter how much, but any improvement at
    all is going to be much appreciated. So I know you are watching
    that very closely.
        What I want to talk to that is bothering me more than
    anything else, is basically the attack on the judicial system,
    we have in this great country. The rule of law, and I am
    speaking as a layman. I am not speaking as an attorney. I am
    not an attorney.
        But I keep trying to explain to people, my State is an R-40
    State, if that gives you an idea how strongly the President--
    former President Trump, has been supported. And I want to make
    sure I am accurate when I tell them. They come to me and they
    say: Well, it was a kangaroo court, this and that happened, and
    it wasn't fair and everything.
        And I said, Well, I understand the process was, that there
    was a jury of peers, 12, that went through the process, but by
    no means does it mean it is over. The rule of law, the way I
    understand it in America, no matter what State you are in, I
    have a right to cure. If I think I have had a misjudgment or
    basically someone who ruled and maybe took liberties they
    shouldn't have taken, that judge can be reprimanded, can go
    through another Appeal process, an Appellate Court, or can even
    go up to the State Supreme Court, and then the United States
    Supreme Court.
        I think people have to understand the checks and balances
    we have in the rule of law. There is no other country like us.
    A lot of countries: One and done. They say you are guilty, you
    are gone. Not in America.
        So for people--so the President--former President is going
    to be on the ballot, in any way, shape, or form, as I see. I
    don't think anything could happen that is going to prevent him
    from being on the ballot. And if you think that whether the Ds
    or the Rs or who is playing favors. I have got to put that to
    rest, because I am concerned, if we lose the rule of law, and
    the faith and confidence in the judicial system that we have,
    then we have lost America as we have known it.
        And your fears on that, or concerns, am I correct in saying
    that everyone has ability to cure, if they think they have been
    misjudged?
        Director Wray. So of course I am not going to discuss
    anything about the case.
        Senator Manchin. Yes. I know that. I am sorry, I just--you
    are the most----
        Director Wray. But I most certainly believe deeply in the
    rule of law.
        Senator Manchin. Yes.
        Director Wray. And I do think that is one of the things
    that distinguishes the United States and our allies from
    counties, authoritarian countries like China, you know, whether
    it is redress, whether it is appeals.
        Senator Manchin. Sure.
        Director Wray. You know, the way I have sometimes put it
    is, when have charged--take China, for example, when we have
    charged folks acting on behalf of the Chinese Government, that
    is us saying, we are so confident in the facts that we are
    willing to prove them beyond a reasonable doubt, in front of an
    independent court, with all the redress, and everything else
    you have talked about, and we lose cases.
        Senator Manchin. Sure.
        Director Wray. The prosecutors don't like me to remind
    people of that, but we lose cases in this country. The Chinese
    don't lose many cases, and it is not because they are better. I
    can assure you.
        Senator Manchin. I have got you. I got you.
        Director Wray. So respect for our--just in general, I am
    not speaking about any specific case, or any specific
    criticism, but respect for our institutions, respect for our
    processes is something that I think we need to try to hold
    dear. Just, again, I am speaking in general terms, not about
    any specific case.
        Senator Manchin. And that is the greatest threat, I think,
    you know, at the border, and then basically, losing the respect
    that we have and the faith that we in the judicial system. That
    is my concern. And the more you can do to educate the process,
    and all the curing elements I have, if I think I have been
    treated wrong, I have got other ways to handle it in America,
    nowhere else does that happen. Thank you, sir.
        Senator Shaheen. Thank you, Senator Manchin. Senator Moran.
        Senator Moran. Chair, thank you very much. I will leave my
    time in this round to the Senator from Maine.
        Senator Collins. Thank you very much. It is very kind of
    you.
        Director Wray, I want to follow up on my opening statement,
    about proliferation of the illegal marijuana operations in the
    State of Maine, in rural houses, all over the State. This is a
    serious problem, and our counties, State, and local law
    enforcement have been work with Federal officials, but they are
    overwhelmed by the magnitude of the task. Barely a day goes by
    that our sheriffs another operation to close down one of these
    growing operations.
        And by the way, the houses are full of black mold, and will
    never be habitable again. So that is also of great concern.
        What is the FBI's theory about why Chinese nationals--or
    Chinese transnational criminal organizations are setting up
    these illegal marijuana growing operations in States like
    Maine?
        Director Wray. So it is something we have a number of
    investigations into, as you might imagine. I guess speaking in
    my sort of Intelligence Agency leadership role, we don't yet
    see--but we are obviously investigating--any direct ties
    between these growers and, say, the Chinese Government itself.
        But we are starting to see, as we unpack this more, more
    ties between a lot of these growing operations and Chinese
    organized crime. And as to why they might be viewing the United
    States rural communities, etc., as an attractive market for
    this kind of activity, at the moment, our assessment is that it
    is a combination of the fact that it is activity that can be
    done relatively cheaply, and with, by comparison to, say, other
    drugs in the United States, the consequences that they face,
    from a legal perspective, are not as severe, or that they might
    be in other countries where they might also want to operate.
        So it makes for an attractive business proposition, if I
    can speak that blandly about it. So we think that is what is
    going on. We are continuing to investigate this. I am very
    sympathetic to our State and local partners. You are right that
    we are seeing it in rural communities. We are even starting to
    see some of this creeping into, say, Tribal lands, for example,
    around the country. So it is an emerging concern for sure, but
    that is what I can say on it right now, I guess.
        Senator Collins. Thank you. Just one theory that I have
    heard is that these Chinese transnational criminal
    organizations are using it as a money laundering operation to
    bring more fentanyl into the country, which is, of course, the
    last thing that we need. So I hope the FBI will continue its
    cooperation in the State of Maine, with State, local, and
    county officials, as well as with your other Federal partners
    like DEA, DHS, IRS, et cetera.
        I mentioned my concern about a terrorist attack because I
    think the lights are blinking red. There is a related issue
    that I want to bring up in the time that I have left, and that
    is, just this past Friday, the FBI issued a joint intelligence
    bulletin that noted that anti-Semitism will likely continue to
    drive calls for violence against Jewish individuals and
    institutions in the United States. Could you comment on the
    threat to the Jewish community, which may originate,
    organically, here in the United States, or may be driven by
    Hamas and other anti-Semitic groups?
        Director Wray. So we see, and we have seen for quite some
    time, an elevated threat to the Jewish community in the United
    States. That was true even before October 7. So you know, we
    saw last year a significant increase in hate crimes, overall,
    and then within that, a significant increase of hate crimes
    against--threats and other types of violent activity directed
    at the Jewish community.
        And then since October 7, you know, the increase just went
    up dramatically. I think in the first 4 months after October 7,
    we saw about a 60 percent increase in the number of hate crimes
    investigations we were opening. And while not all of those were
    targeting the Jewish community, some were targeting Muslim-
    Americans, Arab-Americans, and others, but the vast majority
    were targeting the Jewish community.
        To put that in a little more context, the Jewish community
    represents about 2.5 percent of the American population, and
    yet within religiously motivated hate crimes, about 60 percent
    of them, close to 60 percent of them, are directed at the
    Jewish community. So you can see the reason why we think it is
    such a significant concern.
        They are targeted by foreign Jihadist-inspired terrorists,
    whether it is ISIS, al-Qaeda, or others. They are targeted by
    Shia terrorists, Iran and its proxies. They are targeted by
    domestic violent extremists, you know, White Supremacists, and
    others, as well as anarchists, and some of the folks who are,
    you know, pro-Palestinian and so forth.
        So they have the tragic distinction of really being
    targeted by almost every type of terrorist organization there
    is out there, foreign and domestic, across the spectrum. And so
    they desperately need our help. And we are going to give it to
    them.
        Senator Collins. Thank you so much.
        Senator Moran. [Presiding] Senator Reed.
        Senator Reed. Well, thank you very much, Senator Moran.
        Director, thank you for your service. And please convey my
    deepest thanks to the men and women who serve with you.
        You indicated in your opening remarks that last year you
    took a hit in your budget. This year, if you don't get what the
    President asked for, how many personnel do you estimate you
    will have to lay off?
        Director Wray. Well, we don't know yet how many because, of
    course, we don't know what will happen. I think at the moment
    the effect of the 2024 budget is that that is about 1,000
    positions that we can't fill, and we are kind of muddling our
    way through the impact of the 2024 budget. But if Congress were
    to, in my view, make the mistake of doubling down on that, then
    the consequences would be very significant.
        I mentioned the work we are doing to protect people from
    terrorism, that is fewer tips and leads followed, fewer
    terrorist attacks detected, that is a significant concern in a
    heightened terrorist threat environment.
        I mentioned violent crime; arresting 50 bad guys per day
    every day, the kind of cuts that you are alluding to means more
    violent gangs terrorizing neighborhoods, more bad guys on the
    street to hurt people. I talked about the threat from China:
    the scale of the China threat is massive. Cyber alone, they
    outnumber the FBI 50 to 1. So scaling backwards means that many
    more cyber attacks at a time when they are trying to target our
    critical infrastructure, among other things, so it makes the
    environment safer for hackers.
        I talked about the border. We have got between 300 and 400
    investigations into the cartels. We are seizing enough fentanyl
    in FBI field offices and our task forces, single seizures,
    enough fentanyl to wipe out an entire State. So cuts to our
    budget in 2025, there is going to mean more fentanyl on the
    street, more overdoses, more deaths, more violence.
        So when people ask me what is the effect of these cuts, the
    people it hurts are State and local law enforcement, and the
    people working together, working with them trying to protect.
    The people it helps are the terrorists, the cartels, the
    violent gangs, the Chinese government, the hackers, the child
    predators, and I can go on and on.
        So I would implore Congress. And again this subcommittee, I
    think has always been very responsive, but I would implore
    Congress: please don't make the mistake of thinking that you
    can make cuts like this and not have real consequences to
    public safety and to our State and local partners.
        I think that is the part that keeps getting lost. Our State
    and local partners, and I can say this with the perspective of
    having been in law enforcement since the mid-90s, State and
    local law enforcement these days depends on the FBI more than
    ever. Not just for all the things I just listed off, but for
    training, technical assistance, fingerprints, DNA. I mean, you
    could just go right on down the list.
        NCIC, and Senator Manchin, if he were here, I am sure would
    be glad that I was bringing up NCIC. When an officer does a
    traffic stop, they are running the person's identifiers through
    the FBI databases back in West Virginia. That information tells
    them whether the person they pulled over is dangerous. So it
    just goes straight to officer safety. That is just another
    example. All this stuff is put at risk when we start talking
    about cuts of the sort that we had in 2024, and we just cannot
    have happen in 2025.
        Senator Reed. One of the ways we think around here, and I
    might be exaggerating the ``think'' part, is domestic defense,
    domestic side, defense side, you are actually a National
    Security Agency, but you are lumped in with the domestic side.
    And we can't, I think, continue to think that way.
        Your operation is just as valuable to our National Defense
    as the Department of Defense. And I happen to chair the
    Services Committee, so I think that point should be made.
        I don't have much time left. But you could quickly
    characterize the domestic terrorist threat, particularly in the
    context of the election.
        Director Wray. The domestic terrorist threat?
        Senator Reed. Yes.
        Director Wray. So we have certainly--we view the domestic
    terrorist threat as being pervasive--persistent, I should say,
    and significant, and the biggest concern is lone actors, or
    maybe small groups, acting against soft targets with easily
    accessible weapons, often with very little notice. And it
    covers the waterfront. We have seen a lot of racially motivated
    violent extremism. We have seen anti-government, anti-authority
    violent extremism that covers a variety of perspectives. And it
    is a threat that year after year continues to be a real
    concern.
        Senator Reed. Thank you very much. Thank you, Mr. Chairman.
        Senator Moran. Senator Reed. I think our number in this CJS
    Appropriation is $890 billion that is defense spending. So you
    can't make a clear distinction, as sometimes people try to do.
        Senator Reed. Well, I am all for that. Thanks.
        Senator Moran. I am just trying to point out that you are
    right.
        Senator Reed. Thanks.
        Senator Moran. I may not have made that clear because you
    seem to want to argue with me.
        Director, you are talking about salaries and reduced
    financial support for the FBI, and fiscal year 2024 budget. It
    was really effectively held flat, which is a challenge in
    inflationary times. You request $85.4 million for the
    restoration of 270 positions related to National Security and
    law enforcement. Is this your highest priority?
        Director Wray. The restoration of positions is our highest
    priority, yes.
        Senator Moran. And if that was accomplished, if we were
    capable of doing that, that would, the benefit of that is just
    what you described to Senator Reed, correct?
        Director Wray. Right. That the goal would be to allow us to
    sustain the pace that was set with the 2023 budget, because
    what is happened is the net effect of the 2024 budget is it set
    us back $500 million, because of the factors that you listed.
    So the key is to restore our operations so that we can continue
    to hum against all the things that I was listing off to Senator
    Reed, and not set us backwards. And if that doesn't happen,
    then we start falling even further behind is the problem.
        Senator Moran. Do you have a significant number of vacant
    positions already?
        Director Wray. We have some positions that are vacant. Our
    fill rate is actually higher than historically it has been at
    the FBI, which is a good thing. It is good news for America.
    But between--so we are trying to kind of manage our way through
    the 2024 cuts through a combination of attrition and how fast
    we are filling the vacant positions we do have. But again if it
    lasts, if what happened with '24 is replicated, then we are
    going to be in a real world of hurt.
        Senator Moran. Is the FBI workforce, what is the age
    category? Is it aging? Or is it young, are the people nearing
    retirement that work at the FBI, or?
        Director Wray. Well, we had--we are coming off of the heels
    of, you might call it a bit of a retirement bulge when you just
    look actuarially. So in other words, if you went back 20-plus
    years, there was a big hiring spree, if you will, post 9/11,
    and 1811s, armed law enforcement agents in particular, in other
    words, the way the system works if they have 20 years in
    service and they are 50 years or older, they are eligible to
    retire. So whenever you are looking at retirement age of the
    workforce, you have got to go back 20 plus years and see what
    was happening then.
        And so there was--we are coming off of a bit of a bookend
    of that group, so it is starting to level off, as the last time
    I looked at it. So we are not in a big retirement bulge right
    now anymore, so that is part of why it is an issue.
        Senator Moran. Director, I mentioned in my opening
    statement the southern border and the challenges that we have
    had at the border. I mentioned a member of ISIS, I mentioned an
    NBC news report about an individual who was on the terrorist
    watch list that was released. I recognize that the primary
    responsibility implicates the failures of the Department of
    Homeland Security, but the FBI Terrorist Screening Center is
    the primary Federal entity responsible for national security
    screening and for facilitating the sharing of information
    across government.
        Do these cases reflect a breakdown in our efforts to ensure
    that all government partners have full actionable information
    they need to protect our citizens from terrorism?
        Director Wray. So I am not sure I can discuss specific
    examples, but let me try to get at your question this way. So
    certainly, we have seen over the last five to 6 years, an
    increase in the number of known suspected terrorists, in other
    words watch-listed subjects attempting to cross the border. And
    that is of concern, and that is where there is a lash-up
    between the TSC and CBP at the border that I think, in general,
    works pretty well.
        The bigger problem, the big problem in my view is twofold.
    One, individuals who when they come in are either armed with
    fake documents or snuck in, in some way or; or, and this is
    very important, individuals for whom there is not enough
    derogatory information in the intelligence community to watch-
    list them yet.
        So let me just unpack that a little bit, because this is an
    important point, because it kind of goes to what Senator
    Collins was asking me about, and it may relate a little bit to
    your other hat on the Senate Intelligence Committee.
        So as we collect collectively across the intelligence
    community and with our partners, less information about foreign
    terrorists overseas, there is less information to be had about
    who the people coming into this country are, which that means--
    --
        Senator Moran. Would you say that sentence again? I missed
    the first part of the sentence.
        Director Wray. So the way I look at it is as we have less
    collection overseas against foreign terrorism, there is less
    sources of information to inform people about people coming in.
    So in other words, somebody could be coming in who should be
    watch-listed, but isn't. And it is not because of a breakdown
    between CBP and the TSC, it is because the information that
    should have told everybody that this person is a threat has not
    yet been unearthed by whatever intelligence agency it is out
    there.
        Because it is not just the FBI that puts people on the
    watch-list we are getting information from lots of other
    agencies. So as we pulled out of Afghanistan, for example, you
    get less and less information about whether somebody from
    Afghanistan is actually a threat. And so some of the cases that
    I have seen that concern me, are situations where somebody
    comes into the United States, it is not because there was a
    breakdown between CBP and the TSC, it is because they weren't
    watch-listed at the time, but in hindsight they should have
    been watch-listed because information was later developed that
    says, oh-oh, this person is a problem.
        Do you see what I am saying there, right? That is that is a
    much bigger concern, in my view. And so we really need to be
    focusing on how we can try to address that with the rest of the
    intelligence community, with our partners, and so forth.
        When that happens, when we find somebody who is here in the
    United States who we now then know this person needs to be put
    on the watch-list, then we use our Joint Terrorism Task Forces
    to go out and try to find the person, work with our State local
    partners, we have the backstop of 800,000 sworn law
    enforcement, et cetera. But that, to me, is a bigger concern
    than the number of KSTs we----
        Senator Moran. Director, just a brief, brief follow-up. Is
    there a delay in timing once someone is known, is it is known
    that they should be on the watch list, is there a delay before
    it is known across government agencies?
        Director Wray. I don't know about delay. I mean, there is
    an interagency process----
        Senator Moran. How long does it take?
        Director Wray. I think it varies, is a short answer. I
    mean, it is not just, the FBI can snap its fingers and put
    somebody on the list, there is an interagency, very rigorous
    process to protect civil liberties, and other things, to put
    somebody on the watch list, but once they are on the watch
    list, there is pretty much instantaneous notification to the
    relevant parties.
        Senator Moran. Thank you.
        Senator Shaheen. Thank you, Senator Moran. I would just
    point out to the Members of the Committee that the second vote
    has started. So anybody who hasn't voted, you have your
    opportunity now.
        And I know there are a number of other hearings going on,
    so I understand, Senator Van Hollen, you are hoping to get back
    to another hearing, so Senator Heinrich said it is fine with
    him as long as he is next. So we made a deal, he is going to be
    next.
        Senator Van Hollen. Okay. Thank you both. Yes, sorry, I
    have Secretary Yellen in front of my subcommittee.
        So Director Wray, it is great to see you, and I do want to
    start by----
        Senator Shaheen. You are not suggesting that she has
    precedent over Director Wray?
        Senator Van Hollen. No, no. Of course not, but I am sharing
    that one.
        So I want to thank you for your efforts on combating
    domestic terrorism and commend the Bureau for its work on that
    front in Maryland, this time last year, as a result of an
    investigation led by the FBI's joint terrorism task force, two
    individuals affiliated with Neo-Nazi groups were charged with
    conspiring to attack Baltimore's Power Grid facilities. Their
    motivations stem from violent extremists, White Supremacist
    beliefs, and in recent developments, just last month, the FBI
    Field Office and the U.S. Attorney's Office announced that one
    of the individuals pled guilty to conspiring to damage or
    destroy electrical facilities, and will be sentenced in the
    fall, facing up to 20 years for that crime. So again, thank you
    for your team in action.
        Also, I am sure you are aware of the fact that the Attorney
    General was testifying in the House today in front of the House
    Judiciary Committee. As you know these crazy conspiracy
    theories continue to fly, so I wanted to ask you just to take
    this opportunity to once again put a nail in the coffin of this
    idea that somehow the FBI was complicit in, you know,
    organizing, instigating the January 6 attacks, you said in July
    of last year, so a little under a year ago.
        Quote, ``This notion that somehow the violence at the
    Capitol on January 6th was part of some operation orchestrated
    by FBI sources and agents is ludicrous, and is a disservice to
    our brave, hardworking, dedicated men and women.'' unquote.
    Director Wray, can you confirm just how outrageous, and
    frankly, dangerous these kinds of assertions are?
        Director Wray. Well, first off, I stand by my prior
    testimony. I think the men and women of the FBI work their
    tails off every day to protect the American people from a whole
    range of threats, and I think irresponsible, inaccurate
    allegations like that are a disservice to these people who are
    putting themselves on the line every day to protect others. And
    I think it is ``unfortunate'' would be the kindest word I can
    use.
        Senator Van Hollen. That is kind, and diplomatic. But thank
    you for reaffirming your testimony from last year.
        Speaking of the men and women of the FBI, we agree that
    they deserve our thanks, and they also deserve a new
    headquarters worthy of their work, and as you know last year,
    the GSA selected Green Belt, Maryland for a new suburban
    consolidated FBI Headquarters.
        Two months ago, the GSA submitted a report to Congress
    requesting approval for use of previously appropriated funds
    for site acquisition and design of this new facility. The GSA
    report notes that, quote, ``Final facility size will be driven
    by updated FBI requirements,'' unquote.
        Director Wray, is the FBI developing the necessary updated
    requirements for the new facility?
        Director Wray. So we are working closely with GSA. I think
    the short version of the process is that the report that was
    submitted in March, I believe it was, was intended to get
    Congressional feedback on that, because I understand it GSA
    needs that needs that feedback in order to then do the much
    more detailed, more labor-intensive, and even expensive work
    that is required to build out the rest of it.
        So we are continuing to work with GSA, but I think we are
    waiting to hear back from Congress, or at least I know GSA
    feels like they need to hear back from Congress about the
    reactions to that, the higher level plan that you--I think it
    is the same one that you referred to in March.
        Senator Van Hollen. Well, let me just ask you this. Are
    you, the FBI, fully cooperating with all the GSA requests in
    order to prepare for the building of the New FBI Headquarters?
    Are you fully cooperating with all of GSA's requests?
        Director Wray. I believe we are working closely with GSA in
    cooperation with them in full compliance with the law.
        Senator Van Hollen. Okay.
        Director Wray. The specifics of exactly what conversations,
    what meetings, that part I couldn't tell you right here right
    now, but my understanding is that we continue to work closely
    with GSA on the project as contemplated.
        Senator Van Hollen. I only ask, Mr. Director, because we
    have not heard from GSA about need for feedback from Congress
    before they move forward in cooperation with the FBI. So that
    would be news to me, but I will follow up with GSA about.
        Director Wray. Again I think the way it was described to me
    was that the report that we worked on with GSA that was
    submitted, again, I think it was in March was intended to tell
    Congress the direction we, or GSA, are headed to get feedback,
    was the word that was given to me, from Congress, and I think
    in effect, to make sure the word in the right direction because
    the next steps are significantly more labor-intensive, and even
    expensive. And so before we start doing too much of that GSA,
    it felt like they needed, in effect, a steer, I suppose it is,
    from Congress on that.
        Senator Van Hollen. Okay. Thank you, Madam Chair. Thank
    you, Senator Heinrich.
        Senator Shaheen. Well, thank you Senators Van Hollen and
    Heinrich. Now, Senator Heinrich when I said you would be next,
    I did not anticipate that we would have Senator Kennedy coming
    in, and he was here first.
        Okay. So in fairness; Senator Kennedy.
        Senator Kennedy. Sorry, Martin.
        Mr. Director, welcome. I bet you just love talking about
    where to put the FBI building, don't you; probably one of your
    favorite topics. I have got two questions. Number one, if you
    took the major Mexican drug cartels, which also traffic people
    into the United States, and turn them upside down and shook
    them, President Lopez Obrador would fall out of their pockets,
    wouldn't he?
        Director Wray. Well, I don't know that I can comment on a
    specific individual's corruption, other than through cases that
    we bring, but I understand the point that you are making for
    sure.
        Senator Kennedy. We are not getting much cooperation out of
    Mexico, are we?
        Director Wray. Let me put it this way, while we have had
    some successes here and there, in terms of extraditions, and so
    forth, and I appreciate those, and I am grateful to our Mexican
    partners for those, especially at the working level, we need a
    whole lot more from Mexico than we have gotten, in terms of
    shutting down the cartels and stopping the flow of the
    precursors. I mean, I could go on and on.
        So I am grateful for the success as we have had, but we
    need a heck of a lot more, is the way I would answer that.
        Senator Kennedy. Why don't we use leverage, of what I call
    NAFTA-2 to try to encourage the President of Mexico to
    cooperate more?
        Director Wray. You know, NAFTA, of course, is a trade
    agreement, and I am not really an expert on trade relations,
    certainly, from an FBI perspective, we welcome every tool in
    the toolbox to try to improve the relationship and the
    cooperation. And I am hopeful that the Mexican Government will
    see the value of building on the successes we have had and take
    it to the level that it needs to be, because it is not where it
    needs to be.
        Senator Kennedy. Here is my second question. We know that
    Jeffrey Epstein, who is now deceased, and Ms. Maxwell, his
    associate, who is in prison, were engaged in a conspiracy of
    sex trafficking with minors, so were others, it has been widely
    reported. What is the FBI doing to investigate the other people
    that were involved in these sex trafficking rings?
        Director Wray. Well, I am not sure that I can confirm any
    specific individuals----
        Senator Kennedy. Let me put it this way. Let me give you
    some facts, widely reported. Jeffrey Epstein had video
    surveillance in all of his homes, and on his private island,
    and there have been articles after articles from witnesses who
    have said he videotaped sex acts with prominent people because
    he was trying to--with young girls that he had procured to try
    to incur favor with those prominent people, and potentially, to
    be able to blackmail them.
        Now, that is a fact. And the FBI and other Federal agencies
    have raided his houses. Do you have those tapes?
        Director Wray. Again, I can't discuss the specifics of our
    law enforcement operations related to Mr. Epstein or Ms.
    Maxwell, but obviously, we had a very active investigation
    related to both of them. But whether it extends to other
    people, I am not sure that is something I can comment on.
        Senator Kennedy. But here--a suit was filed yesterday
    against one of those prominent people by one of the young women
    sex trafficked, allegedly, said he was part of the ring. So on
    the front page, I don't know--was The New York Times, The Wall
    Street Journal, and we keep seeing article, after article,
    after article, and we keep hearing about prominent person,
    after prominent person, after prominent person.
        I just want to know if these prominent people are above the
    law, and are going to be--and aren't being investigated? Or is
    the FBI investigating?
        Director Wray. Well, no one is above the law, number one.
    As to whether specific people are being investigated, that is
    not something that I, as I am sure you can appreciate, can
    engage on here. We have devoted significant resources to the
    investigation----
        Senator Kennedy. Is it ongoing?
        Director Wray. I am not sure there is anything I can share
    with you on that, but let me see if we can get back to you and
    provide a little more information----
        Senator Kennedy. Well, for example, these allegations in
    this lawsuit, the civil action, is it----
        Director Wray. I haven't seen the article.
        Senator Kennedy. You ought to read it, it will trigger your
    gag reflex. Is the FBI going to investigate that?
        Director Wray. Well, again, I haven't seen the article, but
    I would be happy to take a look at it, and take it back and see
    if it is part of something that we are already working on.
        Senator Kennedy. I would just like to know----
        Senator Kennedy. I share your----
        Senator Kennedy [continuing]. Yes, is the FBI still
    investigating this? Or are these prominent people going to go
    scot-free?
        Director Wray. I am not sure that I can tell you whether or
    not there is ongoing work being devoted to this, I would be
    happy to take a look at the specific article. I share your
    disgust, at Mr. Epstein's conduct, and Ms. Maxwell's conduct.
        Senator Kennedy. And others.
        Director Wray. The whole operation.
        Senator Kennedy. Okay, thanks Madam Chair.
        Sorry, Martin. You are a fine American anyway.
        Senator Shaheen. Thank you, Senator Kennedy.
        Senator Peters, Senator Heinrich has kindly consented to
    give you time to prepare for your round of questioning, and he
    is going next, because I made a deal with him.
        Senator Heinrich. We have done some musical chairs here. I
    apologize.
        Director, I wanted to ask you a little bit about the
    Bipartisan Safer Communities Act, and specifically how that
    engaged in the business language may have broadened your
    ability to perform background checks, and what impact that then
    has on other agencies' ability to successfully prosecute things
    like the straw purchasing and gun trafficking provisions in
    that law?
        Director Wray. So certainly, BSCA was an important piece of
    legislation that has added to our authorities at NICS, in
    particular, in a number of ways, in terms of additional
    background checks for the so-called U-21 Group in particular.
    And I think that is important, because as I go around talking
    to State and local law enforcement, and I have been, and talked
    to law enforcement in all 50 States, I believe, easily, in this
    job, one of the two recurring themes you will hear on violent
    crime, is the role of juveniles and the role of mental health.
        Senator Heinrich. Um-hum.
        Director Wray. Almost every group, no matter what State I
    am talking to. And so the Bipartisan Safer Communities Act
    does, I think, take an important step in the right direction in
    terms of addressing that specific part of the threat.
        The part that you are asking about is more in ATF's lane,
    but we work very closely with ATF on our Safe Streets and
    Violent Crimes Task Forces, and we are always looking for the
    strongest violation to disrupt the threat. And so whether it is
    straw purchaser cases, or things like that, I know when I was a
    line prosecutor, I prosecuted, tried a number of straw
    purchaser cases, those are important tools, and so often, that
    is one of the best violations to dismantle a violent crime
    threat.
        Senator Heinrich. One of the other things that we have, and
    I don't think adequately addressed in the law yet, but which is
    skyrocketing, is these ghost guns or privately made firearms.
    Law enforcement has seen 1000 percent increase in recoveries
    between 2016 and 2021.
        In 2022, we had a ghost gun was used to shoot and kill a
    16-year-old, at West Mesa High School in Albuquerque. And I
    wish that were a completely isolated case. What is the FBI
    doing to recover and prevent assembly of ghost guns, and what
    tools, and maybe even more importantly, do you need from the
    Congress to be able to get your hands around this challenge?
        Director Wray. So I would say ghost guns, as you say,
    represent a real challenge for law enforcement because the kits
    are cheap, and widely available, and undercut the ability to
    trace the firearm and, in effect, end up undermining the
    background investigation process. And unfortunately, we are
    seeing ghost guns more and more in violent crime and gang
    investigations.
        Now, as to authorities, you are really talking more ATF in
    terms of regulation or even legislation, but we do coordinate
    closely. Whenever we seize ghost guns as part of a takedown, we
    are obviously working closely with ATF on that. As to other
    things that Congress can do to help, at the risk of answering
    every question with the same answer, we need Congress to
    restore the progress that was made in 2023, so that we can
    sustain our efforts against violent crime, and sustain our work
    in terms of denials of firearms to the people who are legally
    prohibited from having them.
        Senator Heinrich. Yes, absolutely. On that note, and I
    suspect it will be a similar answer, you know, we made some
    progress recently with the FEND Off Fentanyl Act that was
    really designed to prevent fentanyl from getting inside the
    United States in the first place. But you have to deal with it
    once it is already here.
        You mentioned funding and the potential impact that the
    budget could have on your ability to disrupt that flow. Feel
    free to reiterate the importance of that and then also touch on
    other tools that you may need that--to address the sort of
    crisis that we are seeing in communities all across this
    country.
        Director Wray. So we are finding most of the fentanyl that
    we seize at the FBI is fentanyl that is already here in the
    United States. And what we are finding is that something like
    70 percent of it is coming up in violent gang takedowns. So
    that shows you kind of firsthand the nexus between the fentanyl
    problem, and the violent crime problem, and some of the most
    dangerous offenders.
        And it is not unusual, not unusual for the FBI, for any
    given field office, to seize enough fentanyl in one takedown to
    have wiped out an entire State, and so if you start thinking
    about the impact of the cuts that we have been talking about in
    this hearing; that is fewer seizures, that is more pills on the
    market that is more people dying. I mean, just put it as
    bluntly as that.
        And that is just looking at it that way. And of course, we
    also have all these investigations into cartel leadership, and
    again, the cuts impact that, if we are going to be serious
    about going after the cartels. Among the other things that we
    are doing to try to tackle the fentanyl problem, we have an
    initiative called JCODE that aggressively targets darknet
    trafficking of fentanyl.
        We just last year had an operation called SpecTor that was
    the largest ever, I think, takedown of darknet trafficking
    marketplace of fentanyl and other dangerous synthetic opioids.
    So that is an important part of our work. I know in your home
    state of Albuquerque, I just remembered off the top of my head,
    there was a great takedown that they did where they were
    seizing enough fentanyl to wipe out, like an entire State,
    along with, again, back to the nexus with violence, along with
    hand grenades, ballistic vests, you know, the whole nine yards.
        So the fentanyl problem, and the violent crime problem are
    inextricably linked, and of course, the fentanyl problem is
    directly tied to the problems from the other side of the
    border.
        Senator Heinrich. So not a great time to cut his budget.
        Senator Shaheen. Certainly, it is not. It is unfortunate we
    have another year of the Fiscal Responsibility Act.
        Senator Peters, thank you for your patience.
        Senator Peters. Well, thank you, Madam Chair.
        Director Wray, good to see you again, and as always, thank
    you for your service to our country. Director Wray, last year
    as chairman of the Homeland Security and Government Affairs
    Committee, I released a report on the watch-listing and
    screening processes at airports, and the report raised concerns
    about the watch list, including who it is shared with, its
    implementation, its oversight, as well as the redress process.
        In particular, the report found insufficient transparency,
    lack of a holistic approach to screening, and no meaningful
    options to resolve concerns for Americans who believe that they
    were misidentified, or the subject to discrimination.
        Certain communities, such as Muslim, Arab, and South Asian
    Americans, report disparate screening during their travel and
    the breakdown in trust over the inability to redress the
    process. Certainly, I think you agree the administration,
    including the FBI, must effectively target our resources to
    protect our country from terrorism first and foremost, but we
    also need to respect the rights of innocent Americans as well.
        So my question for you, sir, is I believe you are familiar
    with this report, and what steps have you taken to ensure that
    there is more transparency, especially to Congress, about the
    watch list and other datasets maintained by the Terrorist
    Screening Center, as recommended in the report that my
    Committee published?
        Director Wray. So certainly, I agree, as you stated, that
    it is important that the database be used to protect our
    national security and at the same time, respect civil
    liberties. And no one is placed on the watch list solely
    because of race, ethnicity, national origin, religious
    affiliation, or any First Amendment-protected activities.
        And there is a rigorous interagency process. There are
    continuous review and quality control measures. We are
    constantly taking advantage of new methods and technologies to
    strengthen those processes. And while the FBI and the TSC, as I
    know you know because of your other role, are not responsible
    for the actual travel screening, we do work diligently with the
    interagency to try to make sure we are maintaining a current
    and accurate watch list.
        Recently, the TSC published a comprehensive document about
    the watch list process, which includes everything from the
    process for nominations, the use of the list, quality assurance
    measures, and to the heart of your question, the redress
    procedures. And so, our hope is that that document strikes the
    balance of the two issues that you mentioned in terms of
    providing more transparency about all those processes so that
    people know how it works, know how they can challenge, if they
    have something they want to challenge, while at the same time
    not compromising our national security.
        Ironically, some of the transparency around this process
    could itself infringe on people's privacy and civil liberty
    because of, you know, who it identifies in a way that maybe
    they wouldn't want being identified.
        Senator Peters. Right. It is always a careful balance. So
    we have to continue to work with, we have been working with
    your team. We hope we can continue to do that. And it is been a
    particular issue in Detroit Airport, for example, for reasons
    you and I have discussed many times.
        Director Wray. Right.
        Senator Peters. Director Wray, we have seen historic spikes
    in anti-Semitic, anti-Muslim, and anti-Arab-American hate
    incidents, certainly driven by the war between Israel and
    Hamas. We are also seeing rising anti-immigrant rhetoric, which
    in the past has inspired domestic terror attacks in Pittsburgh
    and El Paso, for example. DOJ has also announced it is
    investigating dozens of violent threats against election
    workers, and has already convicted 13 individuals. And as you
    said earlier, you are increasingly concerned about the
    potential for a coordinated foreign terrorist attack here in
    the homeland.
        So the threat of a terrorist attack is high, and we don't
    know what will inspire the next attack, or where it will
    happen. But my question for you is, given all of these threats,
    how is the FBI now prioritizing resources to protect these
    communities from these varying threats?
        Director Wray. Well, you covered a waterfront because there
    is a waterfront to threats. So to start with, on the terrorism
    side, terrorism, which includes both foreign terrorism and
    domestic terrorism, remains our number one priority. That has
    not changed, and that drives prioritization within all the
    field offices for one thing.
        Second, we, a couple years ago, we elevated civil rights
    specifically, including hate crimes, to what we call a national
    threat priority. And the effect of that is to drive
    prioritization in all the field offices.
        In addition, I created a few years ago, something that we
    call the Domestic Terrorism-Hate Crimes Fusion Cell, because
    what I found was that sometimes the same act of violence could
    be considered either a hate crime or an act of domestic
    terrorism. In many ways, it is the same type of attack; it is
    just two different legal structures.
        And in the FBI, the Criminal Investigative Division, you
    know, we have people who focus on hate crimes, and then we, of
    course, we have people who focus on the national security side,
    on terrorism. And so, this Fusion Cell that I created brought
    the two groups together to ensure both that nothing slips
    through the cracks, but also maybe more importantly, to try to
    see if we can better anticipate, and to be more proactive to
    prevent these attacks in the first place, as opposed to solely
    responding after they tragically occur.
        And I am proud of some of the work that was done,
    including, I think, for the, first time ever, a couple years
    ago now, a proactive hate crimes charge that disrupted an
    attack against a synagogue. I believe it was in Nevada, but it
    could have been in Colorado because there is one of each.
        Senator Peters. Great. Thank you. Appreciate that. And I
    look forward to continuing to work with you.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Peters. Senator
    Fischer.
        Senator Fischer. Thank you, Madam Chair, and thank you for
    being here today, Director Wray. I continue to be concerned
    about the threat that the Chinese Communist government poses to
    critical infrastructure in the United States, especially when
    it comes to cybersecurity. In Nebraska, this presents distinct
    vulnerabilities for our agriculture industry and the Nation's
    food supply. For instance, malicious code contained in planting
    data can harm crop yields.
        It also can be used by foreign actors to steal our AG
    innovation. What internal mechanisms is the FBI relying on to
    counter cyber threats to the agriculture industry, from China
    specifically?
        Director Wray. So we are specifically concerned not just--
    as you are about the China threat more broadly, but about the
    China threat as it relates to agriculture, in particular. I
    have visited our Omaha Office a couple of times, met with our
    partners there, and I know from first-hand experience and
    contact with them that they are acutely focused on specifically
    the threats to agriculture. And in fact, they are holding, I
    think, a big summit soon that I was hearing about, that is
    bringing people from all over the State in the region, again,
    very much focused on this issue.
        We have seen in the past the Chinese Government, or people
    from China, acting on behalf of China attempting to steal
    cutting-edge agricultural research, even to the point of--I
    know in Senator Moran's home State of Kansas, we have stopped a
    guy trying to fly out of the country with cutting-edge
    agricultural research. In Iowa, I can remember we had guys out
    in the fields digging up genetically modified corn seed, and we
    prosecuted--worked with the DOJ to prosecute them.
        So there is the theft, the IP theft part, and we know that
    China has specifically identified agriculture as one of its
    areas that it wants to target. It is quite explicit about that.
    So that is a concern.
        You also brought up, I think, the critical infrastructure
    dimensions of this, and we have seen the Chinese Government
    attempting to target multiple sectors, civilian sectors, to
    preposition, to potentially cause havoc at a time and place of
    their choosing. And so that is something that we are really
    trying to focus on.
        Senator Fischer. Can you tell us that in this setting
    specifically what sectors and where that is happened? Or should
    it be in a closed session?
        Director Wray. There are some sectors I could share
    publicly, whether there is anything I could share about
    agriculture specifically on that, I am not sure. I know that
    what I can say publicly, but it gives you a flavor of what we
    are dealing with. We conducted, with our partners, a court-
    authorized operation that took down and exposed a Chinese
    Government effort to preposition on civilian critical
    infrastructure that included water, telecommunications, and a
    variety of others.
        And again, there was no legitimate purpose to be on the
    parts of the networks they were on, other than to be in a
    position to wreak havoc at a time and place of their choosing.
        Senator Fischer. Right. You know we are, in addition to
    cybersecurity, we are also worried about communications
    network, that infrastructure there that the Chinese are looking
    at, and it has been a challenge to be able to fund FCC, the Rip
    and Replace Program, that is out there. So we know that the
    Chinese have that telecom equipment there. We know the security
    risks that are involved.
        Are you able to share any updates today from the FBI's work
    to evaluate the Chinese network gear that is located especially
    next to U.S. Military installations? Again, if you could do it
    here, if it would need to be in a closed setting, Western
    Nebraska's assets, in other words----
        Director Wray. Yes, on the communication side, and the
    whole Rip and Replace issue, that is probably something better
    reserved for another setting. What I can tell you is that we
    have a number of investigations underway that relate to
    allegations concerning buying up of land near installations
    that would be of concern. And it is not that there is anything
    inherently unlawful about foreign purchase of land, but we get
    concerned when the purchaser may have ties back to a government
    that doesn't share our values, and it is positioned near some
    critical plant.
        Senator Fischer. And that is what we follow as well. Do you
    have enough availability; is there enough transparency in these
    transactions to easily discover if there is a connection to the
    Chinese there? As I said earlier, we have concerns in Western
    Nebraska about some of these.
        Director Wray. So it is a challenge. We are, on Farmland in
    particular; we are working with USDA to try to look to some
    kind of mandatory reporting regime that might be helpful there.
    And so we are--that is a relationship that continues to grow
    between the agencies.
        I would say that the Chinese Government, now that more and
    more businesses, states, countries are, are wise to what they
    are up to, are making it harder to trace transactions and they
    are, you know, they are not just sort of looking at the
    combined efforts of us, and our partners, and just saying never
    mind. They are doubling down and trying to figure out how to be
    more creative to try to hide the hand of the Chinese Government
    in some transaction. So we are having to work that much harder
    with partners to try to be--to sleuth out the involvement of
    some state nexus.
        Senator Fischer. Thank you. Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Fischer.
        Senator Merkley.
        Senator Merkley. Thank you very much, Madam Chair.
        And good to see you, Director; Director, I wanted to
    explore a little bit the challenge of the plot to murder a Sikh
    activist here in the United States. The Department of Justice
    unsealed an indictment and the individual, I gather, is in the
    Czech Republic, and that we have established there are
    extradition possibilities. Is that progressing?
        Director Wray. I can say that I am very aware of the case
    you are talking about, and I do feel the case is progressing.
    There is probably not a whole lot I can say about it for that
    reason, but yes, the case is progressing.
        Senator Merkley. But we are actively pursuing extradition?
        Director Wray. We are, I believe, I can confirm that much,
    yes.
        Senator Merkley. Thank you. The Washington Post reported
    that U.S. officials have identified the individual in the
    Indian Intelligence Agency who was the crafter of the plot, and
    that the plot was approved by the Chief of Research and
    Analysis Wing, which is the Indian Spy Agency. I have not seen
    that we are pursuing indictments. But are we pursuing
    indictments against individuals who, not just the hired
    assassin, if you will, but those who planned and plotted the
    assassination?
        So that is a question that I can't answer here. What I
    can't tell you, just because it is an ongoing, a very ongoing
    investigation. And what I will tell you is that we feel quite
    strongly, as I think you do, that individuals cannot attempt to
    conduct lethal plotting in the United States even if they feel
    strongly that somebody is somebody they view as a bad actor.
    That is not a recourse that they have available to them to
    engage in lethal plotting.
        Senator Merkley. I raised this particular case because I
    have previously raised, and really tried to put a spotlight on
    the growing problem of transnational repression. And as the
    chair, the Senate side chair of the Congressional Executive
    Commission on China, we hold a lot of hearings in which people
    are testifying. Many of those folks have been subject to
    transnational repression by the Chinese Government.
        This morning we had the anniversary, the hearing on the
    anniversary of Tiananmen Square, and the individuals again
    spoke about the challenges they have faced. In fact, one
    individual testified with an assumed name and a mask in order
    to protect herself from repression.
        Previously I have raised the issue of having a better
    gateway for people to talk to the FBI about transnational
    repression, because in the past the FBI had said, well, just
    tell people to call the general tip line. That is not something
    hardly anyone does, of those that I am aware of who have been
    subject to this. They are not sure it is a crime. They are not
    sure it will be confidential. They are not sure there will be a
    Chinese speaker.
        So in our fiscal year 2024 bill, we had report language
    that directed the FBI to ensure that its tip line is staffed by
    people with cultural and linguistic ability to communicate with
    the Diaspora, and knowledge of the tactics of transnational
    repression. Has the FBI accomplished that assignment?
        Senator Merkley. What I can tell you is that we have a
    transnational repression cell that is focused specifically, not
    just on how we analyze the intelligence related to
    transnational repression, but how we feed that into outreach
    and engagement with the targeted communities. And that includes
    everything from translations into the relevant languages, to
    supplying it to field offices for Community engagements with
    dissident and Diaspora communities sprinkled around the
    country, with the whole goal of being trying to address the
    very concern that you are alluding to, which is to recognize
    that these are folks who, in many case, the transnational
    repression is at the hands of law enforcement from these other
    countries, so they are understandably a little bit reluctant,
    to turn to law enforcement here. So it is an effort to educate
    them on what transnational repression is, how they can reach
    out to us to show them that we are there to help.
        Senator Merkley. And that is valuable. And thank you for
    having your outreach teams engaged in that manner. I am still
    not hearing that they are presenting an opportunity to those
    communities in which those communities feel comfortable sharing
    their experiences. So I want to continue to raise this.
        I think from your response the specific assignment of
    having the tip line staffed with people with the linguistic
    ability specific to the population most affected may not have
    happened yet, but I will follow up with you in that regard.
        We have seen the--and I am--how quickly 5 minutes pass. So
    I am out of time, but I will just close with noting that this
    challenge is growing, some of folks that we work closely with,
    India included, and Turkey are now engaging in transnational
    repression. It is particularly important that nobody gets a
    pass on this. Here in the United States, people it should not
    should not be possible for foreign governments to threaten them
    or threaten their families back home, it is such a direct
    attack on freedom of speech and freedom of association. Thank
    you.
        Senator Shaheen. Thank you Senator Merkley. Senator
    Hagerty.
        Senator Hagerty. Thank you, Madam Chair.
        Welcome, Director Wray. Director Wray, we are in the midst
    of a critical election year, and the American people need to be
    able to count on a fair process. Are you concerned about
    election interference this year? A yes or no answer will
    suffice.
        Director Wray. Am I concerned about election interference?
    Yes.
        Senator Hagerty. I would like to talk about one specific
    threat, one specific concern that I have. Several Federal laws
    prohibit using governmental authority to interfere in Federal
    elections, and the FBI would be in charge of investigating such
    a violation of Federal law, were it to occur; is that correct?
        Director Wray. I would have to think about the specific
    examples, but certainly, there is a range of types of
    interference in elections that we have authorities to pursue.
    So I guess it depends on the facts, the specific factual
    scenario.
        Senator Hagerty. Certainly happened. I know the FBI has
    investigated extensively in the past in this arena. Here we
    have a situation that is unprecedented, no former President, no
    major candidate for President, has ever been prosecuted
    criminally in American history. Yet now we have a situation
    where the incumbent president, is major candidate--a major
    opponent is being prosecuted in five separate jurisdictions
    by--all by Democrat partisan prosecutors, and all of this
    culminating right in the middle of an election season. Does
    that sound to you like coordinated election interference, or is
    that just a coincidence?
        Director Wray. Well, I am not going to discuss State,
    pending State criminal prosecutions. That is not something I
    would ever do, the----
        Senator Hagerty. I am talking about utilizing governmental
    authority to interfere in an election. Let me get more
    specific. What we saw happen last week was Alvin Bragg, who ran
    on a platform of getting Trump, do just that with a flimsy
    made-up theory, and a criminal conviction. Just this weekend,
    the leader of the Soros Organization came out and advised
    Democrats to repeat the slogan, ``convicted felon'' so it could
    be imprinted on voters' minds. Alvin Bragg facilitated that
    imprint, and did just that. Is that coordinated election
    interference, or is that just a coincidence that that would
    happen?
        Director Wray. Again, with all due respect I am not going
    to talk about--you are talking about a State--a criminal case
    that----
        Senator Hagerty. Well, let me get--I will go to a--I will
    go to a Federal level then. If you look back to April 2022, The
    New York Times reported that President Biden had told his
    advisers that he wanted Donald Trump prosecuted that was
    printed in The New York Times, just days after President Trump
    announces that he was going to enter the election process,
    Merrick Garland appoints Jack Smith to prosecute Trump,
    President Biden's opponent. Is this coordinated election
    interference to go after your opponent in a Federal election
    using the Justice Department to do it?
        Director Wray. You are asking about a special account,
    special counsel appointment by the Attorney General, in a
    pending Federal case that is in front of a Federal judge, and
    it is not something that I can appropriately discuss here.
        Senator Hagerty. Well, here is another situation, when
    Letitia James was running for New York Attorney General she
    campaigned to get Trump. In fact, Representative Dan Goldman,
    called it an individualized political vendetta. Does it seem
    that using the criminal justice system for a political vendetta
    is election interference, or is that just a coincidence too?
        Director Wray. Again, I am just not going to weigh in on
    pending State criminal cases. It is not an appropriate role for
    the FBI to address----
        Senator Hagerty. If the FBI has the duty to investigate
    violations of Federal law, and Federal law prohibits the use of
    governmental authority to interfere in elections, particularly
    a presidential election of this consequence the FBI is not
    investigating it, I presume, who is going to investigate it?
    Who is going to look into this?
        Director Wray. Well, again, I am not going to talk about
    who we are or are not investigating, because that is not
    something that is appropriate for me under DOJ rules. I can
    tell you that we are going to do our part, and we have up one
    part in protecting our elections from the threats that we have
    jurisdiction to investigate.
        Senator Hagerty. Well, the way the legal stars have aligned
    in this circumstance is deeply concerning, not only to me, but
    to the American people. And I just stepped through a number of
    situations where it certainly appears that there is a
    coordinated effort to go after the President's main political
    rival. And it is happening, all of these are convening right at
    the same time, right in the middle of an election year, they
    are using facts or theories from years past, but all of it is
    coming together right at this point in time. It certainly looks
    like a coordinated effort to me, and it certainly looks like
    the type of thing that the FBI should be investigating.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you Senator Hagerty. I would just
    point out that I think there are a number of people who do not
    support that conspiracy theory. So I appreciate that you have
    that view, and the----
        Senator Hagerty. If it is a conspiracy the way this
    aligns----
        Senator Shaheen. And others don't have that view.
        Senator Hagerty [continuing]. Is the most incredible thing
    I have ever seen, Madam Chair.
        Senator Shaheen. And I share the Director's view that that
    is not appropriate for the Director of the FBI to comment on.
        Senator Coons.
        Senator Coons. Thank you, Madam Chair, and thank you,
    Director Wray.
        Director, I have had the chance to work with you in an
    oversight role both during the Trump administration and the
    Biden administration and I admire the ways in which you have
    worked. Do you think it is important that the FBI maintain its
    independence from any efforts to politicize the Federal law
    enforcement system?
        Director Wray. Very much so. I think the FBI has a unique
    role to play in American society and in our legal system, and
    we need to be able to call balls and strikes no matter who
    likes it. And unfortunately in today's world it is a reality
    that with everything we do there is going to be somebody who
    doesn't like it. But we can't get hung up on that. To me, that
    is what independence means. We are going to call it without
    fear about who is going to be angry, or upset, or alternatively
    joyous or happy about something we do. We just can't go down
    that road.
        So my commitment to my focus, as was stated I think very
    clearly to you and the rest of the Judiciary Committee when
    President Trump nominated me, was that we are going to focus on
    doing the work in the right way. We may not get the results
    that people want in this case or that case, but I will do my
    best, and I have continued to do my very best, to make sure we
    do our work in the right way.
        Senator Coons. I appreciate that. We have known each other
    a long time, and I respect the way you conduct yourself, as
    Director.
        We have recently gone through an important process around
    FISA Reauthorization, in your both written and spoken
    testimony, you said that the FBI is principally focused on the
    protection of the American people from terrorism, both domestic
    and international, this is a top priority, and there are
    significant threats. And I think that there were some
    significant reforms codified in the reauthorization of section
    702, and the surveillance authorities. I would be interested in
    hearing what you are doing to implement them to ensure that the
    civil liberties of the American people are protected, under
    your directorship and any potential successor? And how you
    strike that balance appropriately given the urgency of also
    protecting the American people from terrorism?
        Director Wray. So as you know the law that was passed
    recently, as the most significant rewrite of FISA since--I
    think since its passage, and there were not--there was no kind
    of on-ramp period, so we implemented it, you know, sort of day
    one even though there weren't resources that were provided to
    do it, and even though it came in an environment as I have
    already testified where we are dealing with effectively a $500
    million cut.
        But we are going to comply with all the requirements. They
    are resource intensive in their own way, because you are
    talking about pre-approval requirements for one thing,
    prohibition on certain queries, again that have to be detected
    and audited, like one of the things that I did even before the
    law passed, is I created an Office of Internal Audit at the
    FBI, which did not previously exist, whose sole focus was on
    FISA compliance.
        And we achieved great strides in FISA compliance, as is
    confirmed by the--independently by the court. But it is a
    significant change in how we operate, and my message to the
    troops is twofold: one, you have got to make sure you are doing
    it in the right way, and number two, given how critical this
    tool is to protecting the American people from foreign threats,
    terrorists, China, Russia, Iran, North Korea, cyber, especially
    foreign cyber, we need to make sure that we are using it in the
    way that Congress and I think the American people expect us to
    do to protect them because it is an indispensable tool. I don't
    use words like ``indispensable'' often; it is indispensable.
        Senator Coons. Well, thank you, and it is a 2-year
    reauthorization, and I intend to follow it closely as we
    reconsider it 2 years from now. As you know, I have long been
    concerned about intellectual property theft. Senator Hatch and
    I passed the Defend Trade Secrets Act, I think back in 2016,
    and one of the areas that I think is an important priority for
    us nationally, is to protect American invention and innovation,
    particularly from the CCP, because they intend to be a peer
    competitor or to exceed our capabilities, largely by stealing
    our innovations in areas like artificial intelligence, and
    precision biology, and other areas.
        What are you doing to address threats to American
    innovation, and how would the additional resources you are
    seeking for fiscal year 2025 bolster those efforts?
        Director Wray. So first off, we are laser-focused on our
    adversaries' efforts to steal American intellectual property,
    and there is no country, I have been consistent on this for, I
    think since early in my tenure, and maybe even in 2017 itself,
    there is no country that presents a broader, more severe, more
    comprehensive threat to our economic security, our ideas, our
    innovation, ultimately our freedom, than the Chinese
    Government.
        I want to be clear, I am talking about the Chinese
    Government, not the Chinese people and certainly not Chinese-
    Americans, and what makes the threat from the PRC so pernicious
    is that they combined multiple tools. So everything from: human
    efforts, whether it is traditional intelligence officers, co-
    optees, corrupted insiders, et cetera, with a cyber program
    that dwarfs, that dwarfs anybody else's, combined with what
    would otherwise be legitimate business activity, joint
    ventures, different kinds of mergers and acquisitions,
    partnerships that are in effect just a vehicle to enable the
    other stuff. So you put all those avenues together, it becomes
    particularly challenging.
        We have north of or around 2,000 active investigations that
    are just into the PRC's efforts to steal our information at
    technology. It is up like 1300 percent from where it was not
    that long ago, all 56 field offices. So from an investigation
    perspective, we are incredibly active, and the resources are
    indispensable to do that.
        But investigations alone aren't enough. We are much more
    engaged over the last several years with the business
    community, trying to work with them so that they can figure out
    how better to harden their--because they are the attack
    surface. So there is a lot of outreach.
        Cyber.--The Chinese cyber effort is gigantic. If you took
    all of the FBI's cyber resources and said, forget Russia,
    forget Iran, forget ransomware, just do nothing but China, the
    Chinese Government's hacking program would dwarf ours 50 to 1.
        So the idea that Congress would set us back instead of
    launching forward on that boggles my mind. And so I would
    implore--and I know this subcommittee has been a great ally on
    this stuff, but I would implore Congress, more broadly, to make
    sure that we don't do that, because I can guarantee you the
    Chinese government ain't cutting its budget.
        Senator Coons. Well, thank you, Director Wray. I am the
    chair of the Intellectual Property Subcommittee, Senator Tillis
    and I, have a number of pieces of legislation we are trying to
    advance to strengthen the tools to protect our IP, but you also
    need the resources.
        Thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Coons. Senator
    Murkowski.
        Senator Murkowski. Thank you, Madam Chair.
        Director, welcome to the Committee. Thank you for your
    leadership. Talking about fentanyl just for a moment; Alaska
    continues to outpace the other States, unfortunately, this is a
    position and place that we would never ever want to be. Between
    2022 and 2023, we saw the largest percent increase in drug
    overdose of any State, by far. We are referred to, and I quote,
    ``One of fentanyl's deadliest frontiers''.
        Just from last year, the drug overdoses increased by 40
    percent from 2022 to 2023, fiscal year 2022 to 2023, and of
    these overdoses, three-quarters were from fentanyl. And so we
    are seeing our cities under attack. But even more troubling is
    the very, very remote small, oftentimes Alaskan Native
    villages, villages of 800 people, where the cartels, those who
    are moving these drugs, know that they can get ten times more
    for this poison than anywhere else. And so they are targeting
    our smallest of small communities.
        So we are seeing this, this awful increase. And yet, if we
    look at what is happening in other areas, many States have seen
    reductions in overdose death rates during this same period.
    What are they--what are you doing there that is allowing for
    greater levels of success? What are the obstacles to doing the
    same in places like Alaska? It was somewhat gratifying to see a
    recent announcement that the U.S. Attorney's Office there in
    Alaska had announced new charges against this ring where there
    had been 53 defendants named.
        Now, there are additional charges. This is good. This is
    positive, but we are looking at what we are up against. And we
    are a State where the stuff is coming in by air, it is coming
    in a little bit by vessel, that and the mails. So we know where
    the points of entry are. And we are still not able to do the
    interdiction that is making a difference to turn this around.
        Have you got any words that you can share with people who
    are really very, very anxious about what we are seeing with
    fentanyl?
        Director Wray. Well, certainly I am acutely aware of what a
    big problem it is up there, and some of the challenges that law
    enforcement in your home State have to contend with. I have
    been up to visit, as you know, a couple of times.
        Senator Murkowski. And we appreciate you visiting.
        Director Wray. And on one of them in particular, the Alaska
    State Troopers, with whom we have a great relationship, took me
    up in a helicopter to be able to kind of get a better sense of
    just the sheer sprawl and remoteness of some of the communities
    that you are talking about. We are working through the Alaska
    High-Intensity Drug Trafficking Area Initiative, and that is a
    big part of it, not just on the investigations, enhancing
    those, but promoting interagency partnerships, increasing
    awareness.
        Part of that effort, in addition to big cases, like the 53-
    person one you mentioned, and the seizures that came with that,
    is to try to make sure that people, including in some of these
    more remote communities, kind of know what behaviors to be on
    the lookout for, how to report, who to report it to, that kind
    of thing.
        You mentioned some of the reduction in overdose deaths and
    that you are seeing in some other States. The one thing I would
    say about that is that overdose deaths, as a metric for
    progress I think is in some ways frustratingly misleading,
    because first response is getting so much better in some
    States. So that what you are having is, the same--you might
    have the same or maybe even more overdoses. But because there
    is wider availability, faster availability of Narcan, the
    people who were overdosing who before would have died, aren't
    dying.
        And so it has the pernicious effect of making people feel
    like they are making more of a dent in the problem than they
    are. Don't get me wrong, it is great that the people aren't
    dying, and it is great that there is emergency care to keep
    them alive. But overdose deaths in some other State may not be
    as successful as it might appear to you by comparison.
        Senator Murkowski. And I absolutely get your point, and
    what we need to be doing is basically choking the poison off in
    the first place so it doesn't get to my State, or any others. I
    am out of time here, but I want to ask one final question here.
    And this relates to the Not Invisible Act Commission, this is
    related to Missing and Murdered Indigenous Peoples. They got
    their report to Congress and the Federal agencies back in
    November of last year.
        It recommends that law enforcement, including FBI, are
    trained in MMIP, violence, crime, and human trafficking,
    coordinate with BIA, and all of that. And I am hoping that we
    have got some good progress that is being made by the FBI in
    implementing the provisions of this report.
        The concern that I have here is, I just mentioned the
    fentanyl crisis in the State, we have got a stepped-up
    initiative that we must do when it comes to those vulnerable
    people, missing, murdered, and particularly our indigenous
    women, but we have got one field office in Alaska for the FBI.
    We have two satellite offices, one in Fairbanks and one in
    Juneau.
        Do you think that that is sufficient resourcing to cover a
    State, that you have acknowledged is huge, it is one-fifth the
    size of the rest of the country. But to be dealing with these
    issues that are impacting us in disproportionate ways, do we
    need more resources up north?
        Director Wray. We clearly need more resources, although I
    will tell you we need more resources just across the board. And
    that the--I say sometimes, but it applies very much to this
    context. Everywhere I go somebody has a really good, and I
    don't mean that sarcastically, a really good idea of someplace
    the FBI needs to be devoting more resources. And I have----
        Senator Murkowski. And I must confess----
        Director Wray [continuing]. Not yet found anybody who can
    tell me in any responsible way where the FBI can be devoting
    fewer resources.
        And so, this is a time for Congress to lean forward in this
    next appropriation. I am very aware of both how small our field
    office at the Anchorage Division, which as you say, includes
    not just the Headquarters, say, in Anchorage, but the other two
    RAs as well, by comparison to just the sheer immense area that
    they have to cover.
        And it always strikes me every time I am talking with them
    about the challenges that that presents. It is not just the
    sprawl, but how few roads there are, and how that people have
    to get around, and all the things that does to complicate law
    enforcement work in that area. So Anchorage needs more
    resources, but the FBI needs more resources.
        Senator Murkowski. The FBI needs more resources. The
    question that I didn't ask you was about the northern border
    and what we are seeing with those on the terrorist watch list
    coming through, because we are anxious about that. So we have
    got all kinds of issues and again, how we are resourcing,
    regardless of where it is, is a challenge.
        So thank you, Madam Chair.
        Senator Shaheen. Thank you, Senator Murkowski. Senator
    Capito.
        Senator Capito. Thank you, Madam Chair, and Ranking Member.
    And thank you, Director Wray, for being here with us. It looks
    like I might be your cleanup batter here, so that might be
    good.
        I want to go to something that Senator Murkowski was
    talking about, she talked about her State. You are well aware
    of West Virginia, unfortunately, leading the way, and our
    numbers went up a little bit over the last year, which was very
    discouraging because we have a lot of communities, and
    community involvement. And the FBI has been involved with this
    on the law enforcement side but all kinds of issues to try to
    lower those numbers. So it was a bit disappointing to us.
        But I want to ask what the FBI--the drug cartels, the
    transnational criminal organizations that see along our
    southern borders, mostly, I would imagine, what kind of
    additional resources, or different strategies can the FBI
    employ, because obviously fentanyl is still coming streaming
    across the southern border. They are obviously pressing a lot
    of the pills as they--before they come over, that the whole
    thing with the chemicals coming from China. What are you seeing
    in this in terms of targeting the transcontinental criminal
    organizations?
        Director Wray. So certainly, the vast majority of the
    fentanyl in this country comes from the cartels in Mexico,
    sourced from precursor chemicals from China.
        Senator Capito. Right.
        Director Wray. And then is trafficked here, or distributed
    here primarily by violent gangs. And so I think to be effective
    against the threat, which is really an epidemic, we need to be
    trying to hit all of those different choke points. The FBI
    plays a role, some role in almost all of them, but not
    uniquely. This is way bigger than any one government agency.
    Frankly, it is bigger than Government itself.
        So we are, through our Safe Streets Task Forces, going out
    after the gangs that are distributing this stuff on the
    streets. We are through our Transnational Organized Crime Task
    Forces and working on OCDETF, Strike Forces going after the
    cartels, and the cartel leadership, which are the source of
    supply.
        We are trying to push, in our own way, the Mexicans, and we
    do have good relationships with our Mexican law enforcement
    counterparts. But, this sort of onsie-twosie effect of a great
    extradition here, a takedown there, those are things to be
    celebrated, but they really aren't enough to affect the problem
    at scale.
        Senator Capito. Um-hum. To make it----
        Director Wray. And then the China piece, the precursor
    chemicals, is a huge part as well. One of the things we are
    trying to do now, and I am very pleased about this, the
    Director of National Intelligence, Avril Haines, has convened
    and we have been doing an Intelligence Community Sprint on the
    fentanyl problem, to try to figure out how we can better ensure
    sharing of information between the different intelligence
    agencies who are not law enforcement, and law enforcement to
    have the information flowing.
        We clearly have to go after the money. After all, this
    whole thing is profit-based, right?
        Senator Capito. Right.
        Director Wray. So we need to figure out better ways to go
    after the money. So some of those are some of the things that
    need to be done, but it is incredibly frustrating. I know that
    our offices in West Virginia who are dealing with, as you say,
    on the receiving end of so much of this problem, and I continue
    to be blown away, frankly, by how high-performing those
    offices, some of the takedowns they have had----
        Senator Capito. Yes, they have.
        Director Wray [continuing]. In West Virginia, for you know,
    comparatively small footprint, is really something that is
    inspiring.
        Senator Capito. I guess that is a plus and a minus. The
    minus being they are there, the plus being they are being
    disrupted and caught. So that is congratulations to them. I
    know there is been some big busts.
        I want to ask you about the NICS system, because the
    question I have is, and thank you for the visit, and I thought
    it was a really good visit, I am trying to understand your
    budget where you have a technical adjustment of $43 million
    proposed in your budget regarding implementation of the
    Bipartisan Safer Communities Act. We are being told that this
    could impact the 170 people that are at the NICS facility that
    are working in that. How is that going? And can you explain a
    little bit the anomaly that you have here, as one of the
    program changes for 2025?
        So there, I can see why it is confusing a little bit. There
    is two things going on. One is the 170 positions that Congress
    gave us with BSCA----
        Senator Capito. Right.
        Director Wray [continuing]. Was one-time funding. And so,
    one of our requests, which I think is $43 million tied to the
    170 positions, is designed to make sure that one-time funding,
    because we have largely filled almost all of those 170
    positions, if we don't get that reappropriated, that is gone.
    So that is incredibly important that we get those 170 positions
    and that $43 million reauthorized. So that is part of it.
        Then on top of that, though, because of the pace and the
    volume, we have asked for a smaller but nonetheless an
    enhancement. So the bottom line is, restore the--well, not
    ``restore'', but maintain----
        Senator Capito. Maintain the 170?
        Director Wray [continuing]. The 170, which was one-time
    only.
        Senator Capito. And then add?
        Director Wray. And then add a little bit with the
    enhancement that we have asked for.
        Senator Capito. Some of this--and I will stop here--but the
    statistics that we--this was early on when the bipartisan bill
    was being discussed at NICS, there had been some disruptions
    where the information showed that if you knew what had happened
    pre-18-years-old, you would have fallen into that category, and
    there were disruptions where people were unable to secure a
    weapon, and because of mental health, or whatever. Is that
    continuing? I mean, is that trend continuing, if it is
    disrupting, or?
        Director Wray. We are definitely seeing that. I am struck
    by the number of times when we have that, you know, because
    there is the mental health piece, there is the juvenile piece,
    then there is the contact with law enforcement about the
    individual piece, and the number of times when the
    conversation, the exchange with law enforcement and whatever
    State it is, is saying: Whoa.
        Senator Capito. Yes.
        Director Wray. We know who that is. And that would not be a
    good thing. We have significantly improved the timeliness of
    those, you know, you and I were there.
        Senator Capito. Yes, that was supposed--yes.
        Director Wray. It is still kind of a work in progress, but
    it is--I think it is up like tenfold how much faster it is
    happening, which is great. But part of the reason we asked for
    the enhancement on top of the original part is that, because of
    course we are going to conduct the congressionally mandated
    checks, but the----
        Senator Capito. We need more resources, yes.
        Director Wray [continuing]. We are very proud, as you know,
    and as I know you are, of how quickly NICS can turn things
    around, so that the giant majority of people who are law-
    abiding citizens----
        Senator Capito. And who can prove quickly----
        Director Wray [continuing]. Who have a Second Amendment
    right to buy their weapon can get it timely and not have it be
    held up. But the problem, if we don't get the funds
    appropriated is it is going to have an impact on how much we
    can cover and how fast we can cover it.
        Senator Capito. Yes, I mean just for context I saw that the
    statistics that came that I have, just last data point is in
    2023 there were 29 million NICS firearm background checks in
    the country, that go through the office in West Virginia. So
    thank you very much.
        Senator Shaheen. Thank you, Senator Capito.
        I have not yet asked questions, so I will do that. And then
    I know Senator Moran has one more question.
        But I wanted to go back to the issue of disinformation and
    election security. You talked about China having a 50 to 1
    cyber advantage in terms of their cyber operations. We saw
    before the New Hampshire Primary earlier this year a domestic
    actor who used artificial intelligence to voice clone President
    Biden and target voters in New Hampshire, as part of a robocall
    scam.
        How are we responding? I mean, this was a domestic issue,
    but it points to the potential challenges from AI, and the
    threat that that can present to our elections. So how are we
    responding to what we are already seeing from Russia and China
    in terms of the disinformation? And how are we sharing--how is
    the FBI sharing what you know with local law enforcement and
    election officials so that everybody is aware of what the
    threat is?
        Director Wray. So we are, of course, seeing, and I have
    been warning about this for some time, the role of AI to
    enhance efforts that our foreign adversaries have already been
    engaged in. And one way to think of that is just like social
    media when it first really came of age was this gigantic
    bullhorn that took something that has been happening for
    decades, namely Foreign Disinformation Warfare and just scaled
    it in a way that was particularly challenging.
        I think that is the right way to think about AI, it is not
    that it changes fundamentally what it is our adversaries want
    to do, or why we need to be worried about or what authorities
    the FBI has, and our role in combating it, is it allows them to
    amplify to do it, to make it more sophisticated, more
    deceptive, cheaper, faster, all the reasons people love AI for
    good things they can use for bad things.
        And so our approach is in many ways much the same, which is
    to make sure that we are engaging with our partners, sharing
    what we are seeing, and hearing, where we have authorities that
    apply to us, taking action. But information sharing is the key.
    I will say that when it comes to AI, specifically, there is an
    increasingly important role for the private sector, because if
    you are going to detect AI at scale, certainly it is going to
    be the American private sector that is going to be the key to
    doing that.
        So we are trying to partner up with the business community
    to make sure that they are doing their part on that, because AI
    is actually pretty good at detecting AI. And there is a role
    America leads the world in AI innovation, which is why the
    Chinese are trying to steal it by the way. And that is why we
    need to make sure that American companies are using their
    innovation to help protect our democracy.
        Senator Shaheen. So is there more that we should be doing
    in Congress to make it in the interest of some of those
    companies that they do a better job of policing what is on
    their sites?
        Director Wray. Well, that is probably a longer discussion
    for another day. I will just say for right now, because this is
    important, and I know it is something you both care about, when
    it comes to these companies there is this broader phenomenon of
    how important it is for them to take some kind of ownership for
    the way in which their products and services are used.
        And that applies not just in this context but in sub in a
    subject that you will hear about from law enforcement not just
    all over this country, but all over the world, is the way in
    which these companies are implementing warrant-proof
    encryption, which basically means that child predators,
    terrorists, fentanyl traffickers, et cetera, can find a space
    where they can go and communicate and act, and law enforcement,
    no matter how Rock Solid your legal process is, and how
    independent the judicial approval is, won't be able to have
    access to this information.
        The threats won't be gone, the kids will still be
    victimized, the predators will still be out there, but now the
    companies knowing that this is happening are moving in this
    direction, so it is a business decision that these companies
    are making.
        And so I don't think it is unreasonable for us to expect
    these companies to take some ownership of this process and if
    we don't do something, collectively, as a country we are going
    to wake up and find that we are blind in a way that is really
    going to put people's lives at risk.
        Senator Shaheen. Well, that is an excellent segue into my
    next question, which is we are hearing about a new and growing
    threat where individuals have been using content manipulation,
    so AI, to create sexually explicit photos and videos that
    appear to be real, it complicates investigations because it is
    difficult to tell what is real and what is not.
        So I know that the FBI has released a public service
    announcement earlier this year warning about this. But can you
    talk about how we are also asking private companies to look at
    that issue, and do a better job of policing what is on their
    sites?
        Director Wray. Certainly, we share your concern about
    online targeting of kids, it has not just magnified the
    problem, but it has created a whole new set of actors and
    globalized the problem, so you have financially motivated
    extortion for example which has started to get more notoriety.
    And AI is just one more tool, a weapon in that context to
    enhance those efforts. But while the technology may change
    whether it is AI-generated or not, child sexual abuse material
    is illegal, and we are going to aggressively go after it.
        I would like to continue to work more and more closely with
    companies to try to see how they can be part of the solution.
    And I think there is a lot of opportunity for that.
        Our folks in that program, the Violent Crimes against
    Children Program, are some of the hardest working people in the
    entire FBI, dealing with some of the worst that humanity has to
    offer. And I think we, last year, had something like 3,000
    arrests, and rescued, for all intents and purposes, something
    like 700 kids.
        So again I come back to the budget discussion, what is
    going to happen to those kids if Congress makes the mistake of
    going backwards like they did in 2024 with the budget?
        Senator Shaheen. I think you won't get any argument from
    Senator Moran or me about that. I just want to close with one
    question, a final question, and that has to do with anomalous
    health incidents, also known as Havana Syndrome, because the
    FBI has been one of those agencies that has been working to
    establish policies and procedures to provide help for people
    who are affected.
        Can you give us any kind of an update on where you are in
    that process, and whether people are beginning to see support
    that they had hoped for, for treatment?
        Director Wray. So as you know there is nothing more
    important to me than the health and safety of my workforce and
    their families, and the benefits provided for, required DOJ to
    issue regulations to allow us to start to make the payments. I
    am pleased that those regulations finally went into effect last
    month, May 20, we didn't sit around just waiting for that
    though, we put in place all kinds of procedures and mechanisms
    so that the minute the regulations went into effect, we could
    kick into high gear and start the payment process.
        And so I know we have--I can't give you the exact number--
    but I know we have people already, because we have been trying
    to improve our communication with the workforce too about this.
    So I know that we already have some people whose payment,
    applications, and so forth, are now already under the rules now
    in process. And so I am hopeful that it will now flow quickly
    because we didn't have to then build on additional delay after
    the time the rules went into effect.
        Senator Shaheen. Great, thank you. I am pleased to hear
    that.
        Senator Moran.
        Senator Moran. Chair Shaheen, thank you.
        Director, just almost every day, certainly every week, I
    have a conversation with someone in Kansas, or I read something
    in the newspaper, or hear on television or radio news about a
    ransomware, a cyber attack. I mean, it is just its prevalence,
    it is more than prevalent, it is dominant. And it is, you know,
    a small business, it can be the courthouse, our State's court
    system, the County Treasurer's Office; what is it that we could
    be doing, perhaps just as public servants, to try to minimize
    the chances that somebody is attacked, or that they take the
    necessary steps to prevent it?
        And you talked about the private sector in the conversation
    with Senator Shaheen, is there a chamber of commerce, a
    business organization, are there steps that a business can
    take, a county commission, a city office that can take to
    prevent this from happening? And are there tools that need to
    be provided to local law enforcement to assist in this?
        I think this is so common, but I don't know how the
    solution can rest with law enforcement, or the FBI in
    particular, and my guess is that any kind of effort to
    prosecute, or to shut down those who are committing the cyber
    attacks, ends in not a significant amount of results?
        Director Wray. So for all the reasons you said, ransomware
    is one of our top, certainly one of our top cyber priorities. I
    think there are a few things I would say, with a glimmer of
    some good news buried in there. So the first is that we are
    very heavily engaged in private sector outreach, specifically
    to try to build resilience and harden the private sector's
    infrastructure from ransomware attacks.
        There are basic things that can be done, you know, for
    example, in terms of having appropriate backups and things like
    that. I think you would be surprised to learn how often
    ransomware attacks are enabled, not by some really
    sophisticated, you know, black-belt-level intrusion but by
    somebody somewhere at a business who didn't engage in proper
    cyber hygiene, you know, they clicked on the link that they
    shouldn't have clicked on. It happens way more often than you
    would expect, including in very sophisticated places.
        Or the company or the business didn't upload the
    appropriate, you know, those patches and updates that we all
    get. And those things matter. So things like that, if every
    victim or victim-to-be took some of these basic cyber hygiene
    steps, we wouldn't stop ransomware, I want to be clear, but we
    would significantly make it harder for ransomware actors to be
    successful. So that is one. And so the more everybody can help
    us spread that message, we will build some greater level of
    resilience that way.
        The second thing that is just incredibly important is we
    need the victims to reach out to us as quickly as possible when
    they are hit. I think sometimes people are worried because we
    discourage paying the ransom that if they tell--our position is
    we don't think you should pay the ransom and we are happy to
    explain why, but whatever you decide to do make sure you
    contact us, because there have been times when businesses have
    contacted us quickly where we are able to help them figure out
    we have--they have had cases where we have been able to obtain
    decryption keys so they can get their systems unlocked, protect
    their information, and not pay the ransom. But that can't
    happen if they don't contact us.
        There are times when we can chase the money with working
    with the victim, and basically claw back the ransom before it
    gets to the bad guys, so things like that that we can do, but
    none of it we can do if the company doesn't contact us right
    away, that is what is so important. There is lots of things
    that can happen.
        The last part that I would say, is we are starting to
    figure out, not just the FBI, but collectively with our
    partners what success against ransomware could look like, and
    that is joint sequenced operations, campaigns, sustained
    campaigns against particular ransomware actors, where we go
    after not just the administrators of the ransomware group and
    their affiliates, but their whole ecosystems, their money
    launderers, their service providers, you know, their
    bulletproof hosters, all that stuff.
        So we are going after all the people that are related to
    the ransomware group, we are going after their infrastructure.
    So we are seizing their servers, shutting down their domains
    things like that, so we are going after the people, we are
    going after the infrastructure, and then of course ransomware
    is a--you know, is a for-profit crime, we are going after their
    money, we are chasing their cryptocurrency, which is invariably
    the way the ransoms are paid. And we are getting better at
    disrupting the flow of the ransom back to the ransomware
    actors.
        We are not where we need to be, but we are starting to see
    signs. We have had situations where we will knock down a
    particular ransomware group, and they are flailing around, and
    out of business for, you know, months and months at a time. So
    we started to get a taste of what success could look like. And
    it is again, it is a joint--it is a team effort, FBI, some of
    the other intelligence agencies, foreign law enforcement, the
    private sector itself, all kind of working together.
        And so we have had some successes. I think about the Hive
    Ransomware group where we had basically hacked the hackers, and
    gotten into that, and they didn't know we were in, and so they
    kept trying to conduct ransomware attacks, we kept getting the
    decryption keys, and providing them to the victims, and then it
    wasn't working. Eventually we dismantled the whole thing, but
    we are getting more innovative creative in using court
    authorized operations, not just to try to arrest people,
    although we definitely want to do that, but to essentially shut
    down the operation itself.
        Senator Moran. That is more encouraging than I expected. If
    someone is subject to ransomware and cyber attack they would
    call their local police department, their county sheriff, and
    those local law enforcement officials would know what to do; is
    that a true statement?
        Director Wray. Would not know?
        Senator Moran. Would know what to do? The local law
    enforcement knows what the next step is?
        Director Wray. Well, I think we try to engage with local
    law enforcement as you know, because you have seen it firsthand
    in Kansas every day. My hope would be that the local law
    enforcement would tell them contact the local FBI Field Office,
    but really they should be contacting us, because there are
    things that we can do that probably the local police chief or
    sheriff, you know, can't.
        But of course, again, I am going to sound repetitive here,
    all these things take resources, and in particular in the cyber
    arena, we need to be able to make sure we can pay and train the
    most sophisticated cyber talent. And that is an issue within
    the Federal Government to make sure that pay authorities, and
    of course the funds that are appropriated behind it, are even
    across the Federal Government, so we don't have a situation,
    which I am concerned about, where other Federal agencies start
    cannibalizing each other for the cyber talent that we all need.
        So we do need to make sure that there is pay authorities
    and pay funding to ensure that real black-belt talent who makes
    all the difference in some of these cases, is kept.
        Senator Moran. The FBI will have those pay authorities? Do
    you have those pay authorities?
        Director Wray. Our authorities are not where they need to
    be, so it is a combination of both the funding and the
    authorities. It is a mix.
        Senator Moran. And I wonder if insurance, private insurance
    is a component of addressing this problem, more businesses or
    entities that get insured against a ransomware attack, I assume
    the insurance companies then are going to insist on different
    behavior by their insured.
        Director Wray. I do think insurance, you know, cyber
    insurance is an important part of all this. Now, I will say we
    see ransomware actors researching victims and researching
    insurance to try to figure out, you know, it is kind of like:
    Well I want to figure out how much they have in their wallet
    before I rob them, you know, kind of thing. So there is a
    little bit of that going on. But I would not discourage people
    from getting the insurance.
        And we do have our own engagements with the cyber insurers
    as well to try to make sure we are working with them so that is
    another important piece to all this.
        Senator Moran. I would compliment you on your capability of
    being repetitive today. Thank you.
        Senator Shaheen. Thank you. We got the message. Thank you,
    Director Wray.

                         ADDITIONAL COMMITTEE QUESTIONS

        If there are no further questions, Senators may submit any
    additional questions for the subcommittee's official hearing
    record until June the 11th. We would ask that the FBI respond
    within 30 days to any of those future questions.
        [The following questions were not asked at the hearing, but
    were submitted to the Department for response subsequent to the
    hearing:]
        No questions were submitted for the record.

                             CONCLUSION OF HEARINGS

        Senator Shaheen. And now, the subcommittee stands in recess
    subject to the call of the chair. Thank you.
        [Whereupon, at 4:49 p.m., Tuesday, June 4, the hearings
    were concluded, and the subcommittee was recessed, to reconvene
    subject to the call of the Chair.]

      COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR
                                FISCAL YEAR 2025

                                  ----------

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

                           NONDEPARTMENTAL WITNESSES

        [Clerk's note.--The subcommittee was unable to hold
    hearings on nondepartmental witnesses. The statements and
    letters of those submitting written testimony are as follows:]
                         Prepared Statement of All Rise
        Chair Shaheen, Ranking Member Moran, and distinguished members of
    the subcommittee, I am honored to have the opportunity to submit my
    testimony on behalf of All Rise, the training, membership, and advocacy
    organization for justice system innovation addressing substance use and
    mental health at every intercept point. Given our country's ongoing
    substance use disorder crisis and fentanyl overdose deaths, I request
    that Congress provide funding of $95 million for the Drug Court
    Discretionary Grant Program and $35 million for the Veterans Treatment
    Court Grant Program at the Department of Justice for fiscal year 2025.
        My name is Trevor Jacobs, and I am a proud husband, stepfather,
    small business owner, counselor, and government employee. I am also a
    grateful drug court graduate who will celebrate 16 years in recovery
    this summer.
        My life looked very different back in 2007. I was in active
    addiction, with little hope of change. In high school, I had no desire
    to use drugs, even when I was offered the opportunity. But in my
    thirties, a few doses of Oxycontin that I thought would be harmless
    turned into a $100-a-day habit that I supported by stealing and forging
    checks. My life spiraled out of control, and soon, I was facing felony
    charges.
        The trajectory of my life balanced on one question my attorney
    asked me: ``Do you want to beat the charges, or do you want to get
    better?'' I wanted to get better. But all my past efforts to do so had
    failed. I had tried treatment multiple times, but recovery never stuck
    because I had no accountability. Luckily, my family never lost hope in
    me, and neither did the drug court team. That program is what finally
    made the difference in my life.
        Drug court was initially intimidating. It was much harder than I
    expected it would be. The court held me accountable in a way I'd never
    been before, balancing toughness with support and encouragement. Judge
    Childers had high standards for her court's participants--but she was
    also fair. And I had a whole team behind me; not just the judge, but
    the attorneys, probation, law enforcement, treatment providers--
    everyone was on my side.
        Participation in drug court also includes giving back to the
    community. Distributing food boxes, raising money for Relay for Life,
    and picking up trash in public spaces were just a few ways I gave back
    to my community through the program. Service like this helps those in
    recovery take pride in themselves and it is something I continue to do
    to support my own recovery.
        Drug court helped me find sustained, long-term recovery--I've been
    sober since August 2008 and graduated from the program in 2009. Thanks
    to the drug court team, I was able to mend my relationships and focus
    on my family again. I became a SAMHSA-certified peer recovery support
    specialist, and for a number of years, I worked in the very same drug
    court that saved my life. In 2016, I married my wife Tonya and gained
    not only a life partner, but a whole family through the blessing of
    her--now our--three kids. I currently work for the county housing
    authority, managing 81 households, and have a small food truck business
    on the side with my wife. My life in recovery has allowed me to
    reconnect with my passion for woodworking and put me in a position to
    help others who are struggling. After 16 years, it feels good to say
    that now I have been a strong asset to my community for longer than I
    was in active addiction.
        I am just one example of how funding treatment courts, like drug
    courts and veterans treatment courts, not only helps one person, but
    uplifts a whole community. Drug courts offer a ripple effect of hope.
    Support from the Department of Justice has helped start thousands of
    courts over the years, while ensuring they follow evidence-based
    standards that maintain fidelity to the proper model. The largest and
    most comprehensive, independent, multi-site study to date found that
    drug courts reduce crime by up to 58% and save, on average, up to
    $6,000 per participant. Additional benefits were found to include
    increases in employment, education, family functioning, and financial
    stability.
        Drug courts and veterans treatment courts are vitally important as
    our Nation continues to battle the addiction crisis and its impact on
    communities like mine around the country. Investment in these programs
    helps State and local leaders increase their capacity to address the
    crisis from a public safety and public health standpoint. This funding
    will help thousands of individuals break the cycle of crime and
    addiction, begin a life in recovery, and become productive members of
    their communities.
        I strongly urge this committee to recommend $95 million for the
    Drug Court Discretionary Grant Program and $35 million for the Veterans
    Treatment Court Grant Program at the Department of Justice for fiscal
    year 2025, so these programs can continue help people break cycles,
    find long- term recovery, and become healthy members of their
    communities.
                                     ______

                 Prepared Statement of American Bar Association
    Chair Shaheen & Ranking Member Moran:

        My name is Mary Smith, and I am the President of the American Bar
    Association (ABA), the world's largest voluntary association of
    attorneys and legal professionals. Thank you for the opportunity to
    submit this statement to the Senate Appropriations subcommittee on
    Commerce, Justice, Science & Related Agencies (CJS), in support of
    increased funding for the Legal Services Corporation (LSC) in the
    Fiscal Year 2025 (``FY2025'') budget.
        I would like to begin by thanking you, Chair Shaheen and Ranking
    Member Moran and the other subcommittee members, for your continuing
    support of civil legal aid programs around the Nation and for giving us
    an opportunity to discuss the legal services that LSC-funded programs
    provide to low-income Americans. A part of my testimony will summarize
    the Corporation's report that contains information on the ``justice
    gap,'' an urgent and complex challenge to our Nation and its promise of
    ensuring equal access to justice for all.
        For fifty years, LSC has funded legal aid attorneys to deliver
    critically important civil legal aid, which today benefits more than
    1.8 million low-income Americans in every State and territory
    throughout the country. The demand for these services, however,
    continues to exceed the resources appropriated to LSC by a wide margin.
    To protect the promise of ``Equal Justice Under Law"-the foundational
    principle that underpins the U.S. legal system-the ABA urges Congress
    to significantly increase Federal funding to LSC to close the justice
    gap in our Nation.
         the aba has a long history of support for nationwide legal aid
        The ABA has been an outspoken advocate for the Nationwide
    availability of civil legal aid for over 100 years. In 1920, under the
    leadership of future United States Supreme Court Chief Justice Charles
    Evans Hughes, the ABA created what is now known as the ABA Standing
    Committee on Legal Aid and Indigent Defense (SCLAID), which, since its
    inception, has advocated for the establishment of civil legal aid
    services to the poor throughout the country.\1\ In 1965, this advocacy
    took a significant step forward when another future United States
    Supreme Court Justice, Lewis F. Powell, in his role as ABA President,
    led the ABA to formally support the creation of the first federally-
    funded Legal Services Program (LSP). The ABA and SCLAID were steadfast
    supporters of LSP but recognized the need for the creation of a new
    independent entity to administer Federal funding for legal aid services
    nationwide. To that end, the ABA advocated for the enactment of the
    Legal Services Corporation Act of 1974,\2\ that created the Legal
    Services Corporation.
         current funding for lsc falls far short of demand for services
        The ABA has supported robust funding for LSC throughout its fifty-
    year history because of its critically important mission to provide
    high quality legal assistance to those who would be otherwise unable to
    afford adequate legal counsel.\3\ This funding, however, has not kept
    up with the high demand for civil legal aid services. Accordingly, LSC
    has requested $1.797 billion for FY2025; by comparison, the FY2024 LSC
    appropriation was $560 million. While the current request represents a
    significant increase, this increase is necessary for LSC to fulfill its
    mission and is in line with historical funding for LSC. For instance,
    LSC's FY 1980 appropriation was $1.13 billion in 2024 dollars, at a
    time when the United States population was 110 million fewer than
    today.
        As thoroughly documented in LSC's 2022 study, The Justice Gap: The
    Unmet Civil Legal Needs of Low-Income Americans (The Justice Gap), the
    Nationwide need for civil legal aid continues to grow, accelerated in
    recent years by the COVID-19 pandemic and its lingering long-term
    effects on society. Nearly 50 million Americans-16.3% of the
    population-currently qualify for legal assistance from LSC-funded
    programs. This includes more than 15 million children and nearly 8
    million seniors. This year, nearly three-quarters of low-income
    households will experience at least one civil legal problem that will
    substantially affect their lives, and yet 92% of low-income Americans
    will be unable to obtain adequate legal assistance or, in fact, not
    have access to a lawyer at all. At the current funding level, LSC
    grantees can serve only about 1.8 million low-income clients per year;
    the same number will be turned away due to lack of resources. This
    includes one million children in poverty, 1.1 million individuals and
    families facing eviction, 140,000 veterans, and 550,000 victims of
    domestic violence, all of whom, when seeking desperately needed legal
    aid, will not be able to receive it from an LSC grantee solely due to
    inadequate funding. Another nearly 18 million other low-income people
    will not even seek legal help and simply forego the legal assistance
    they need because they know they cannot afford a lawyer. The result is
    that only 28% of low-income Americans believe that our Nation's legal
    system is fair, which deeply undermines the fundamental principle of
    ``Equal Justice Under Law.''
     robust lsc funding is necessary to provide representational equity in
                               the justice system
        Our system of justice promises every citizen that the rule of law
    will be applied impartially and equally regardless of circumstance,
    national origin, gender, skin color, creed, wealth, or other factors.
    But our civil justice system is simply not designed for those without
    legal help. The law is a complex web of technical terms and procedures
    that can be exceedingly difficult for the average person to understand.
    Assistance from a legal professional is a necessity for even seemingly
    routine matters, but millions of Americans lack the resources to afford
    counsel even as they seek to protect their most basic and fundamental
    rights. Legal aid attorneys funded by LSC ensure that low-income
    litigants enter court on a level playing field with the opposing party
    and have the best possible opportunity to receive due process and a
    fair outcome.
        lsc funding must be increased to address growing legal problems
                   affecting the disadvantaged and vulnerable
        Case closing data from LSC grantees in the past few years
    illustrate the dramatic impact of the COVID-19 pandemic on the demand
    for legal aid. While the aftereffects of the pandemic have been felt in
    every community throughout America, the brunt of this disaster has been
    absorbed by low-income Americans.

      --Housing and Eviction.--Case closing data from LSC documents a 55%
            increase in housing and eviction cases between 2020 and 2022.
            These issues are driven by a lack of affordable housing and
            exacerbated by rising rental costs nationwide. Despite the work
            done by legal aid programs across the country to address the
            housing and rental crisis, 97% of tenants facing eviction still
            lack legal representation at eviction hearings. Increased LSC
            funding to address this crisis will not only ensure that more
            families have a fair opportunity to retain housing and avoid
            homelessness, but it will also prevent landlord-tenant issues
            from snowballing into other legal problems for these
            households. The Justice Gap found that low-income households
            who have the burden of high-cost housing or the threat of
            eviction tend to also have higher incidences of other types of
            civil legal problems than those who do not.
      --Domestic Violence.--Low-income women experience higher rates of
            domestic violence than those in higher-income quartiles, and
            reported cases of domestic violence have been consistently on
            the increase over the past decade, rising even more
            dramatically since the onset of the pandemic. LSC grantees
            report serving these types of cases at a rate 54% higher today
            than 10 years ago: one out of every five cases closed by an LSC
            grantee now involves domestic violence. Increasing LSC funding
            to provide more representation to domestic violence victims
            will have a real and quantifiable effect. When domestic
            violence victims have legal representation, their success rate
            in obtaining legal orders of protection is 83%. Without an
            attorney, that rate plummets to 32%. More funding for legal aid
            representation is critically important for protection and harm
            prevention to domestic violence victims, which often includes
            children affected by that violence.
      --Addiction.--The nation has experienced an explosion in opioid abuse
            rates and resulting deaths, again growing substantially since
            the pandemic. Over three million Americans have, or have
            experienced, opioid use disorder, and more than 112,000 have
            died from drug overdoses in the 12 months ending in May 2023.
            It should be no surprise that opioid addiction leads directly
            to a number of other civil legal problems, such as housing
            insecurity, debt issues, and domestic violence. Limited LSC
            funding has been available for grantees to stand up projects to
            address this epidemic in the hardest-hit jurisdictions, but
            much more funding is necessary to replicate the successes of
            these projects across the country to help families recover from
            the devastating effects of this ongoing crisis.
      --Disabilities.--Low-income Americans tend to be disproportionately
            impacted by disabilities: More than 10.7 million disabled
            persons live in poverty, 33% of people aged 65 and older have
            at least one disability, and 25% of children in poverty have a
            disability. Of those disabled persons living in poverty, over
            500,000 of those are veterans, and in 2022, 28% of disabled
            veterans experienced homelessness. The Justice Gap finds that
            91% of all disabled persons having civil legal issues do not
            get the necessary legal help they require.
    lsc funding is critical to filling nationwide gaps in the availability
                               of civil legal aid
        Federal funding for legal aid through LSC has had a significant
    impact in addressing the lack of available legal aid lawyers in many
    parts of the country where other forms of funding to provide these
    lawyers are not otherwise available. Nonetheless, significantly
    increased LSC funding is still necessary to close this justice gap
    affecting millions of low-income Americans.
        The ABA conducted its first nationwide survey of civil legal aid
    attorneys in 2023 as a part of its annual Profile of the Legal
    Profession report. The unambiguous findings of this exhaustive survey
    demonstrate that during a time when the demand for legal aid services
    is rising, there are nowhere near enough legal aid lawyers to provide
    necessary services. Even though there are 1.3 million lawyers in the
    U.S., only about 10,000 of these are paid civil legal aid lawyers, or,
    in other words, there are only about three legal aid lawyers for every
    10,000 people in poverty. Even more significantly, the survey found
    vast disparities among the States in the number of legal aid attorneys
    within those States. Regardless of the average number of legal aid
    attorneys per State, their distribution within any given state is often
    uneven, with higher numbers found in urban areas and few, if any, in
    rural communities.
        This situation is a direct consequence of the wide variation in
    funding provided for legal aid at the state level. The ABArray Legal
    Aid Funding Report, issued annually by SCLAID, has nearly 20 years of
    legal aid funding data collected nationwide that clearly demonstrates
    that, while some States prioritize funding of legal aid services
    through a variety of sources, other States fail to provide much-if
    anything-in the way of State-based legal aid funding.
        Federal funding through LSC is the only way to directly address
    this imbalance in available legal aid among the States. There are LSC
    grantee attorneys in every congressional district in the Nation,
    sometimes resulting in a situation where there may be only one legal
    aid attorney working within a vast, rural service area. While Federal
    funding may ensure at least some kind of legal aid presence across
    every district, there are simply not enough legal aid attorneys
    available as one attorney cannot possibly meet the needs of a potential
    client population of 10,000.
                                   conclusion
        In order to effectuate equal justice under law, every low-income
    American facing a civil legal problem who is unable to afford a private
    attorney would have access to adequate and appropriate legal aid
    assistance. The ABA acknowledges that fiscal constraints and other
    legislative considerations make the level of funding necessary to
    achieve that goal a challenging prospect. Despite the difficulty, this
    remains a worthy goal that Congress should aspire to achieve, as the
    foregoing demonstrates.
        We thank this subcommittee for its commitment and historical
    support for increased funding for LSC to help protect the rights of
    low-income Americans, and we urge Congress to support a significant
    increase in LSC's FY2025 funding to help uphold America's pledge to
    every citizen that they can access equal justice under the law.
    ---------------------------------------------------------------------------
        \1\ https://www.americanbar.org/groups/legal_aid_indigent_defense/.
        \2\ https://www.congress.gov/bill/93rd-congress/house-bill/7824/
    text/pl?overview=closed.
        \3\ https://www.lsc.gov/about-lsc/what-we-do.

        [This statement was submitted by Mary Smith, President.]
                                     ______

     Prepared Statement of The American Foreign Service Association (AFSA)
        Congress's continued efforts to support the role of commercial
    diplomacy are of great importance to AFSA's nearly 17,000 members, who
    are dedicated diplomats on the front lines of our Nation's security and
    prosperity. As you begin your work on the Fiscal Year (FY) 2025
    Commerce, Justice, Science, and Related Agencies appropriations bill,
    AFSA respectfully requests that Congress provide robust funding for the
    International Trade Administration's (ITA) Foreign Commercial Service
    (FCS)--a part of Global Markets within the U.S. Department of Commerce.
    Specifically, AFSA requests funding of at least $775 million to make
    the mission-critical investments in Global Markets, which will pay
    dividends for the U.S. economy and America's foreign policy priorities.
        Located in 80 strategically selected countries, 240 FCS Foreign
    Service officers engage in commercial diplomacy to reduce barriers to
    foreign markets, win foreign government procurements for U.S.
    companies, and attract investment into the United States. Commercial
    diplomats and their dedicated teams have brought more than $200 billion
    in investment, bolstering domestic industries of strategic importance,
    such as critical technologies and clean energy, thereby creating over
    200,000 American jobs, and increasing national supply chain resiliency.
    Additionally, the Foreign Commercial Service helps U.S. companies
    compete against foreign firms to win foreign government contracts,
    helping American businesses grow globally. Commercial diplomats have
    also successfully advocated for over $787 billion in U.S. exports which
    has supported approximately 4 million U.S. jobs. These are Federal
    programs that work directly to grow the economy, support U.S.
    businesses, and create American jobs. However, this can only happen
    with sufficient funding.
        With this testimony, AFSA wanted to bring to your attention
    budgetary concerns that are negatively affecting our members and their
    safety and security. While the budget for Global Markets has remained
    relatively flatlined in recent years, expenses beyond the Agency's
    control have vastly increased. AFSA recently conducted a survey to see
    how budget challenges are impacting FCS officers serving overseas. The
    results were shocking as members cited 30%+ reductions in staffing,
    100%+ increase in demand for services, and a lack of strategic
    organizational direction. This has led to a decline in the physical and
    mental of health of our members, and an inability to effectively
    compete against the People's Republic of China (PRC), which has 10
    times the number of officers in some markets than the United States.
    Select survey results are below:

      --96% of officers indicated that budget constraints have impacted
            their ability to perform their primary duties.
      --96% of officers indicated that budget constraints have negatively
            impacted team morale at their post.
      --93% believe that the budget cuts have led to a decline in the
            quality of the organization's impact.
      --56% of America's commercial diplomats are considering leaving the
            service due to budgetary constraints.
      --Basic training, including tradecraft and security, is no longer
            offered for officers, locally employed staff, or spouses.

        Economic security is a national security priority, and the Foreign
    Commercial Service is critical to advancing U.S. economic and
    commercial engagement abroad and in the United States. The FCS has a
    tangible effect on the U.S. economy, leveraging global opportunities
    for American workers and businesses. Not only does FCS work grow the
    U.S. economy, but it is pivotal to confronting the PRC, which
    increasingly targets economies in Latin America, Africa, Europe, and
    the Indo-Pacific. Given the ever-rising demand for services and a
    significant reduction in staffing overseas, FCS requires adequate
    resources to effectively carry out its mission. Doubling the funding of
    FCS will ensure that this proud and dedicated service is adequately
    resourced to help American businesses grow their presence overseas, to
    advance American strategic interests abroad, and to compete against
    China.
        We urge Congress to prioritize this request, so FCS can continue to
    help America compete effectively in FY25 and beyond. Thank you very
    much for your leadership on this important issue.

    Sincerely,
    Tom Yazdgerdi, AFSA President
                                     ______

                Prepared Statement of 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 (FY) 2025 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 global community of half a
    million in the Earth and space sciences, respectfully requests that the
    118th Congress appropriate the following:

      --$9 billion for NASA's Science Mission Directorate (SMD),
      --$157.8 million for NASA's Office of STEM Engagement,
      --At least $7.2 billion for NOAA, and
      --$11.9 billion for NSF.
                 national aeronautics and space administration
        AGU requests that Congress appropriate $9 billion in FY25 for
    NASA's Science Mission Directorate. This ambitious request will support
    world-class Earth and space science research and ensure U.S. science
    leadership despite the emergence of many new international space
    agencies. This request will allow NASA to continue to steadily advance
    existing and new decadal missions across all divisions and provide
    unique opportunities for the next generation of STEM professionals.
                             earth science division
        Strong investment in Earth Sciences will support the development of
    the next generation of missions and satellites that will transform our
    understanding of the Earth's systems. This includes continued
    development of Earth system observatory missions and Landsat Next, a
    reimagination of the Landsat mission that will create new user
    applications, such as water quality assessments, mineral mapping, and
    soil conservation. Increased funding will also enable NASA to continue
    developing the tools and resources users need in their planning and
    decision-making, from helping farmers predict precipitation changes
    resulting from our changing climate, to enabling cities to develop
    hazard resilience and adaptation plans, to aiding our allies across the
    world when large scale natural disasters occur.
                           planetary science division
        Strong investment in Planetary Sciences will allow NASA to pursue
    several high-profile decadal missions and priorities, including Europa
    Clipper, Mars Sample Return, and planetary defense, without inhibiting
    the budgets of other science mission areas. The pursuit of a robust
    fleet of missions in this division will help to ensure a thriving
    planetary science workforce and prevent additional layoffs at NASA
    space flight centers, which would represent a loss of key U.S. human
    capacity that we may not be able to re-attract. Furthermore, increased
    funding will allow NASA to robustly fund research and analysis, key to
    developing the next generation of space science leaders.
                             heliophysics division
        Increased investment in Heliophysics will enable deeper
    understanding of the space environment, which is needed to protect
    existing terrestrial and space assets and is key to achieving our
    future space exploration ambitions. Specifically, increased investment
    in Heliophysics will allow NASA to continue developing the flagship
    decadal Geospace Dynamics Constellation (GDC) mission. GDC will fill
    critical observational gaps in our understanding of space weather and
    aid space weather forecasting capabilities performed by NOAA.
    Additionally, increased funding will encourage an ambitious 2024
    decadal survey, ensure a robust research and analysis program to
    maximize the return of large missions, and foster a thriving
    heliophysics community through the support of early career scientists.
                           office of stem engagement
        AGU requests that Congress appropriate $157.8 million for NASA's
    Office of STEM Engagement. Increased funding for the office will allow
    NASA to increase engagement of K-12 students and increase strategic
    partnerships to broaden NASA's STEM impact across the United States.
    Specifically, additional funding will support more unique, evidence-
    based K-12 learning experiences through the Next Gen STEM program,
    expand the number of internships offered through Space Grant, and
    increase MUREP programming at community colleges and for those not
    pursuing 4-year degrees.
                national oceanic and atmospheric administration
        AGU requests that Congress appropriate at least $7.2 billion for
    NOAA in FY25. From weather forecasts to fisheries data and
    groundbreaking research about the world around us, NOAA's products and
    services are critical to the Nation. Robust funding is imperative for
    ensuring NOAA's continued ability to protect American lives and
    strengthen the U.S. economy.
        Last year, the U.S. experienced 28 billion-dollar weather and
    climate disaster events-the highest number ever recorded for the U.S.-
    costing a total of $94.2 billion and more than 492 lives.\1\ These
    disasters continue to increase in frequency, severity, and cost to the
    Nation, especially in rural, agricultural, and disadvantaged
    communities. NOAA's scientists and funding programs have enabled us to
    understand the causes and impacts of these extreme events and increase
    the lead time for predictions needed to save lives and property. NOAA
    needs strong financial support to be able to bolster climate research,
    mitigate and prepare for worsening weather conditions, and build
    national and economic resilience.
        NOAA's work to understand, protect and manage oceans and coasts is
    also essential to our economy, ecology, community resilience, public
    health, and safety. NOAA-sustained ocean research and observations,
    such as the Integrated Ocean Observing System (IOOS), are integral to
    understanding coastal climate impacts, including sea level rise and
    related hazards, blue carbon ecosystems, harmful algal blooms, ocean
    acidification and much more. However, a budget that deprioritizes
    extramural partnerships during times of fiscal austerity ignores
    constituent priorities, which are best addressed by strong regional
    programs that regularly engage with communities to understand and
    deliver information that meets their needs. For example, the impact of
    the proposed FY25 funding reduction to the IOOS Regional Associations
    will be the loss of the long-term data and real-time services that
    local decision makers need, and which also improve Federal models and
    forecasts.
        Additionally, investments in NOAA's research and management
    programs must be matched by investments that address the workforce
    needs of the agency, including its numerous long-standing vacancies.
    Fellowships, internships, and extramural programs, like Sea Grant and
    the Cooperative Institutes, engage the next generation of scientists
    from around the Nation, helping to expand the agency's capacity and
    prepare for the future. Smart and robust investments in NOAA's current
    and future scientific community are critical to building a workforce
    capable of sustaining the agency's ability to fulfill its vital mission
    effectively.
                          national science foundation
        AGU requests that Congress appropriate $11.9 billion for NSF in
    FY25. This ambitious funding request will enable NSF to continue to
    drive American innovation and competitiveness despite the almost $500
    million cut in funding the agency received in the final FY24
    appropriations bill. Ambitious 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.
        Increased funding will allow NSF to meet the ambitions set by
    Congress, including further developing the Technology, Innovation, and
    Partnerships Directorate, expanding access to STEM education for rural
    and underserved communities, and funding the Regional Innovation
    Engines--without sacrificing core NSF research and STEM education
    programs. NSF currently supports almost a quarter of all basic research
    and funds more than fifty percent of basic environmental research done
    at U.S. colleges and universities. Increased funding will allow NSF to
    expand support for STEM programs for K-12 students and teachers, as
    well as undergraduate and graduate students, which are essential for
    our future STEM workforce.
        Increased funding will also allow the Office of Polar Programs, the
    manager of all U.S. activities in the polar regions, to continue
    maintenance and improvements for Antarctic facilities and ensure these
    facilities are made available for scientific use as soon as possible.
    The diminished opportunities to conduct science in Antarctica has
    impacted a wide swath of the scientific community from space to climate
    sciences and has been especially detrimental for graduate students who
    are having to reimagine their career plans. Additionally, robust
    funding for NSF in FY25 will enable NSF to properly plan for the next
    phase of the U.S. scientific ocean drilling program following the
    retirement of JOIDES Resolution this year.
                                   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, and 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, and
    Michael Villafranca, Senior Specialist, Science Policy & Government
    Relations.]
                                     ______

              Prepared Statement of American Governance Institute
    Dear Chairman Shaheen, Ranking Member Moran, and members of the
    committee:

        Thank you for the opportunity to testify concerning improving
    Executive branch accountability by directing the Justice Department to
    make final opinions of the Office of Legal Counsel available to
    Congress and the public. Thank you also for including strong language
    concerning OLC opinions in the Joint Explanatory Statement accompanying
    the FY 2024 Appropriations bill, and in legislation from FY 2020
    forward.\1\ My name is Daniel Schuman and I am Executive Director at
    the American Governance Institute.
        We urge you to include stronger language in the report accompanying
    the FY 2025 appropriations bill concerning OLC opinion transparency
    because the Justice Department still has not complied with your
    directions on this matter.
                                   background
        The Office of Legal Counsel's core function is to provide
    ``controlling advice to Executive Branch officials on questions of law
    that are centrally important to the functioning of the Federal
    Government.'' \2\ Its opinions ``may effectively be the final word on
    the controlling law.'' \3\ The OLC treats its opinions as a body of law
    with precedential value, citing prior opinions as authority for new
    opinions. Executive branch officials also treat OLC opinions as binding
    and precedential.
        OLC opinions are intended to reflect the best possible reading of
    the law.\4\ Nonetheless, the non-publication of OLC opinions creates
    space for OLC attorneys 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 occurring.\5\ This
    includes instances where OLC ultimately withdrew its own legal opinions
    when they came to light and at least one instance where OLC secretly
    concluded explicit statutory language was unconstitutional and,
    therefore, inapplicable to the Executive branch.\6\
        OLC opinions are used to make decisions of great consequence,
    including to interpret the meaning of laws enacted by Congress, to
    resolve interagency disputes, and to forebear from prosecution when an
    individual was acting pursuant to guidance from OLC. Even opinions on
    prosaic issues can significantly impact people's lives. Yet, there is
    no comprehensive list of all final OLC opinions and OLC practices do
    not embrace the presumption of disclosure for its opinions.
        A number of legal experts, including attorneys who served at the
    Office of Legal Counsel, have made public statements that the
    preference for secrecy must be transmuted into a policy of
    transparency. In 2020, for example, an array of legal experts and
    former OLC attorneys 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.\7\ ``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.''
        A similar statement was released in December 2004 by 19 former
    senior DOJ officials in a document entitled Principles to Guide the
    Office of Legal Counsel.\8\ One principle was that ``OLC should
    publicly disclose its written legal opinions in a timely manner, absent
    strong reasons for delay or nondisclosure.'' \9\ They explain that
    ``disclosure helps to ensure executive branch adherence to the rule of
    law and guard against excessive claims of executive authority.'' Public
    scrutiny would create an invisible but persistent pressure for the
    promulgation of responsible, high quality, objective legal opinions.
        The OLC's disclosure policy falls far short of this goal. That
    policy is articulated in a 2010 memorandum that creates a presumption
    that ``formal'' OLC opinions will be withheld unless an arduous process
    is followed, with multiple consultations and veto points, and no end
    date.\10\ It requires that the official publication committee
    affirmatively decide to publish an opinion. Under pressure, OLC has
    published on a website a number of opinions ``that have not been
    selected for official publication'' but are released pursuant to
    repeated public requests under the Freedom of Information Act.\11\ OLC
    has also begun publishing formal legal opinions from the period of
    1933-1977.\12\
        It is important to note that OLC legal opinions are rendered both
    as ``formal opinions'' and ``informal advice.'' Both are binding legal
    advice within the Executive branch, follow a formal approval process,
    have precedential value within OLC, and are tracked in an OLC database.
    The distinction is only the format in which the advice is rendered: a
    ``formal opinion'' is turned into a carefully formatted, written
    document, of which some are published online. ``Informal advice'' may
    be rendered as an email or verbally, then reduced to a memo for the
    record.
        Civil society organizations are using the Freedom of Information
    Act to force the OLC to change its publication practices. For example,
    taking advantage of a change in the FOIA that established a 25-year
    limit for the executive branch to withhold information it classified as
    deliberative, a lawsuit brought by the Knight First Amendment Institute
    at Columbia University, Francis v. DOJ, resulted in a 2021 settlement
    requiring the DOJ to disclose an index of unclassified OLC opinions
    written between 1945 and February 15, 1994; to disclose 230 opinions
    selected from those indexes; and to disclose an index of all classified
    OLC opinions issued between 1974 and 2021 except those classified above
    Top Secret.\13\ Parallel litigation, Campaign for Accountability v.
    DOJ, sought the affirmative disclosure of all final OLC opinions under
    FOIA's reading-room provision; thus far, the District Court for the
    District of Columbia has concluded that OLC opinions resolving
    interagency disputes are final opinions that fall within FOIA's
    proactive disclosure provision, and ordered the DOJ to ``disclose all
    formal legal opinions that resolve disputes between executive
    agencies.'' \14\ The Project on Government Oversight is in litigation
    concerning a request for OLC to publish an index of more recent
    opinions.\15\
        This litigation illustrates that the Justice Department can
    implement proactive disclosure directives that require disclosure of a
    large tranche of opinions and an index of all existing opinions.
    Unfortunately, litigation is time-consuming, slow, and expensive for
    taxpayers and civil society. There is a significant lag between the
    legal remedy and when it can be invoked. Moreover, available legal
    remedies may not reach all OLC opinions. We believe disclosure of final
    OLC opinions should occur on a regular basis, as a matter of policy,
    and on government websites.
        Appropriators have been patient with the Justice Department,
    stating repeatedly that ``the Attorney General is again strongly urged
    to direct OLC to publish all legal opinions and other materials that
    are appropriate for publication--in particular those materials that are
    the subject of repeated requests or that may be of public or historical
    interest.'' As the litigation has shown, the DOJ has not met that
    directive.
                                recommendations
        We respectfully request that you direct the Office of Legal Counsel
    to make its opinions publicly available upon issuance, except in narrow
    circumstances, and to fill in the gaps in availability. In addition, we
    request direct the Office of Legal Counsel to release an index of all
    current OLC opinions and to update that index on a regular basis. To
    accomplish this, we recommend adoption of language similar to that
    included in House Report 116-455 \16\:

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

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

        Thank you again for your half-decade long effort to increase
    transparency for OLC opinions and accountability for the Department of
    Justice.
    ---------------------------------------------------------------------------
        \1\ Joint Explanatory Statement Accompanying the Consolidated
    Appropriations Act, 2024 (Public Law 118-24). See Congressional Record,
    March 5, 2024, S1403, https://www.congress.gov/118/crec/2024/03/05/170/
    39/CREC-2024-03-05.pdf.
        \2\ Department of Justice, Memorandum for Attorneys of the Office
    re: Best Practices for OLC Advice and Written Opinions, July 16, 2010,
    https://www.justice.gov/sites/default/files/olc/legacy/2010/08/26/olc-
    legal-advice-opinions.pdf.
        \3\ Id.
        \4\ See supra, Justice Department Best Practice Memorandum, p.1.
        \5\ 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. ``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), 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
    . . . .''
        \6\ ``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, https://oig.justice.gov/reports/
    2015/PSP-09-18-15-full.pdf.
        \7\ ``The Office of Legal Counsel and the Rule of Law,'' American
    Constitution Society (October 2020), https://www.acslaw.org/wp-content/
    uploads/2020/10/OLC-ROL-Doc-103020.pdf.
        \8\ ``Principles to Guide the Office of Legal Counsel'' (Dec. 21,
    2004), https://scholar
    ship.law.duke.edu/cgi/
    viewcontent.cgi?article=2927&context=faculty_scholarship.
        \9\ Id.
        \10\ See ``Best Practices for OLC Legal Advice and Written
    Opinions,'' Office of Legal Counsel (July 2010), https://
    www.justice.gov/sites/default/files/olc/legacy/2010/08/26/olc-legal-
    advice-
    opinions.pdf.
        \11\ See OLC FOIA Electronic Reading Room, https://www.justice.gov/
    olc/olc-foia-electronic-
    reading-room.
        \12\ See Secrecy News (July 2013), https://sgp.fas.org/news/
    secrecy/2013/07/073013.html.
        \13\ ``The Office of Legal Counsel Discloses List of Classified
    Opinions in Important Step for Transparency,'' Justice Security
    December 21, 2023, https://www.justsecurity.org/90808/the-office-of-
    legal-counsel-discloses-classified-list-of-opinions-in-important-step-
    for-transparency/.
        \14\ ``Office of Legal Counsel Ordered to Release Many of Its Legal
    Opinions,'' Knight First Amendment Center, https://knightcolumbia.org/
    content/office-of-legal-counsel-ordered-to-release-many-of-its-legal-
    opinions.
        \15\ See Project on Government Oversight v. Justice Department, No.
    1:20-cv-01415 (D.D.C. filed May 28, 2020), https://
    www.courtlistener.com/docket/17201259/project-on-government-oversight-
    v-us-department-of-justice/.
        \16\ The report language included by the CJS Appropriations
    subcommittee in the House of Representatives addressed these issues
    with a high level of detail, however, the superseding Joint Explanatory
    Statement language on OLC opinions provided a level of discussion to
    the DOJ beyond that which is appropriate. See Joint Explanatory Report,
    FY2023, Congressional Record S7918 (December 20, 2022), https://
    www.congress.gov/117/crec/2022/12/20/168/198/CREC-2022-12-20.pdf; 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.

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

     Prepared Statement of the American Indian Higher Education Consortium
        On behalf of the Nation's 35 accredited Tribal Colleges and
    Universities (TCUs), which collectively are the American Indian Higher
    Education Consortium (AIHEC), we thank you for the opportunity to share
    our Fiscal Year (FY) 2025 funding requests. The following is a list of
    recommendations including the Department, programs, and funding
    requests.

    National Science Foundation (NSF)

    Education and Human Resources Directorate (EHR)

      --Tribal Colleges and Universities Program (TCUP): $26,000,000

        Tribal Colleges & Universities: Raising and Training the Nation's
    Native STEM Workforce.--Currently, 35 accredited TCUs operate more than
    90 campuses and sites in 16 States. Three emerging institutions,
    located in California (two) and Arizona (one), are on their way to
    seeking accreditation. These institutions serve students from over 250
    Federally Recognized Indian Tribes and embody a vital component of
    Tribal higher education.
        Over 80 percent of Indian Country is served by TCUs. Tribal
    colleges not only serve students, but they also serve over 160,000
    American Indians, Alaska Natives, and other rural residents each year
    through a wide variety of academic and community-based programs.
    Despite funding challenges, TCUs are responding to the STEM workforce
    needs across the country. In fall 2022, 2,244 TCU students were
    enrolled in one of 240 STEM programs at TCUs. TCUs have established
    programs in high-demand fields: 14 TCUs offer pre-engineering or
    engineering programs, five TCUs offer STEM teacher education programs,
    and 14 TCUs offer nursing programs. These efforts are preparing
    American Indian and Alaska Native 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.
        Funding cuts of any amount to even one TCU program would force TCUs
    to scale back vital programs and services that students rely on to
    complete degree and certificate programs needed to succeed in their
    chosen career paths. Any reduction in funding will threaten TCU
    accreditation status and further stretch overtaxed faculty and staff or
    result in cuts to faculty and staff. The following are justifications
    for TCU FY 2025 funding requests.
                       national science foundation (nsf)
        Education and Human Resources Directorate (EHR).--Tribal Colleges
    and Universities Program (TCUP): AIHEC requests the subcommittee to
    provide $26,000,000 for the NSF-TCUP grants. 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 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
    the 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, American Indian and Alaska
    Native students are disadvantaged from pursuing STEM-centered careers
    from an early age. American Indian and Alaska Native 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 the academic year 2022-2023 showed that 22 percent required
    remedial math. Our data indicates that while 34 percent will
    successfully complete the course, many will take more than 1 year to do
    so.
        Through NSF-TCUP grants, TCUs and Alaska Native Serving/Native
    Hawaiian Serving Institutions 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. This program was
    intended, and named, to be TCU-specific, but NSF allows Alaska Native
    Serving/Native Hawaiian Serving Institutions to compete for funding
    under NSF-TCU. This allows funds intended to address disparities in TCU
    STEM programming to be used by larger state-supported institutions that
    are not resource-challenged. AIHEC requests that Alaska Native Serving/
    Native Hawaiian Serving Institutions be removed from the NSF-TCU
    program and instead, that a separate program be established for these
    institutions.
        We urge the subcommittee to expand the competitively awarded NSF-
    TCUP grants to a minimum of $26,000,000.
                                   conclusion
        TCUs provide thousands of American Indian and Alaska Native
    students with access to high-quality, culturally appropriate,
    postsecondary education opportunities, including STEM-focused programs.
    The modest Federal investment in TCUs has paid significant dividends in
    employment, education, and economic development. We ask you to renew
    your commitment to help move our students and communities toward self-
    sufficiency and request your full consideration of our FY 2025
    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 (FY)
    2025 appropriations for the National Science Foundation (NSF). We
    encourage Congress to provide NSF with at least $11.9 billion in FY
    2025.
        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 biological sciences. Notably, biological research
    helps to sustain biodiversity and healthy ecosystems that underpin the
    livelihoods of communities. The knowledge gained from NSF-funded
    biological 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. Over the past
    decade, the U.S. science, technology, engineering, and mathematics
    (STEM) workforce grew both in number and in the percentage of the total
    U.S. workforce--from 22% to 24% between 2011 and 2021. In fact, in
    2021, the U.S. STEM workforce comprised 36.8 million people in diverse
    occupations that require STEM knowledge and expertise, making up 24% of
    the total U.S. workforce.
                  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 played a 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 nearly 140 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.
        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.
                strengthening biological research infrastructure
        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 (NASEM), ``Biological Collections: Ensuring Critical Research
    and Education for the 21st Century,'' argued that collections are a
    critical part of our Nation's science and innovation infrastructure and
    a fundamental resource for understanding the natural world. The NASEM
    report's recommendations for establishing an action center for
    biological collections and requiring specimen management plans for
    research proposals generating new specimens, underscore the importance
    of biodiversity collections and have been supported by the CHIPS and
    Science Act.
        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
    establishment of an action center for biological collections and 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
        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 2023. 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 70,000. In FY 2023, nearly 353,000 people, including
    researchers, postdoctoral fellows, trainees, teachers and students,
    were supported directly by NSF.
       investing in nsf is critical for u.s. global leadership in science
        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 rate of increase of
    China's R&D, is almost double that of the U.S.
        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, creates uncertainty in the research
    community, and stalls 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 Biology Integration Institutes program, which supports
    collaborative research on frontier questions about life that span
    multiple disciplines within and beyond biology.
                                   conclusion
        Providing NSF with at least $11.9 billion in FY 2025 is necessary
    to undo the harmful effects of the slow growth in research funding in
    recent years that has hurt America's research productivity. 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,
    artificial intelligence, 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.
        We are disappointed that NSF received only $9.1 billion in FY 2024,
    an 8% cut compared to its FY 2023 budget. This is the first time that
    funding for NSF has decreased in a decade. The reduced allocation in FY
    2024 hurts research and undermines the Nation's ability to address
    societal challenges. Further, this cut ignores the CHIPS and Science
    Act, which demonstrated bipartisan commitment to our Nation's
    scientific and technological enterprise and provided an exciting
    framework for growing Federal investments in research. We urge Congress
    to follow through on its promise by funding NSF as close as possible to
    the levels authorized by the law.
        Please continue supporting increased investments in our Nation's
    scientific capacity by providing NSF with at least $11.9 billion in FY
    2024. This request aligns with the FY 2023 authorization for NSF in the
    CHIPs and Science Act. Thank you for your thoughtful consideration of
    this request and for your prior efforts on behalf of science and the
    National Science Foundation.

        [This statement was submitted by Jyotsna Pandey, Ph.D., Community
    Programs Director.]
                                     ______

         Prepared Statement of The American Physiological Society (APS)
        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 2025 funding levels for these two
    agencies.

      --The APS urges you to fund the FY 2025 NSF budget at a level of at
            least $16.7 billion to prevent further erosion of program
            capacity and meet the goals of the bipartisan CHIPS and Science
            Act.
      --The APS urges you to increase 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 2024
    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 that scientists need for their work. Time and time again
    we have seen that knowledge gained through basic biological research
    provides the 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. While there are now
    many promising applications of CRISPR technology, such as rapid
    diagnosis of diseases like COVID-19 and the correction of genetic
    defects that cause disease, its discovery resulted from curiosity-
    driven basic science.
        In addition to funding innovative research in labs around the
    country, the 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
    continue to provide Federal funds for science education through the
    NSF.
        Additional funding is necessary to meet the goals of the CHIPS and
    Science Act and strengthen U.S. competitiveness in science and
    innovation. Provisions of the CHIPS and Science Act allow NSF to
    support the scientific workforce through scholarships, fellowships, and
    traineeships, as well as through improving research infrastructure and
    combating sexual harassment. The act also supports economic and
    technology development initiatives through the NSF's new Technology,
    Innovation, and Partnerships Directorate. As of FY24, Congressional
    funding for research agencies is $7.5 billion below the levels
    authorized by CHIPS and Science.\3\ Recent budget cuts to NSF hinder
    the agency's ability to support scientists and threatens the success of
    its mission. Therefore, 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 $16.7 billion in FY 2025.
         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 see what changes
    occurred following Scott Kelly's 1 year mission aboard the
    International Space Station.\4\ 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 in not only supporting the success of
    future long-range manned space exploration but also leading to
    innovative discoveries that can be applied to Earth-based medicine. As
    highlighted above, investment in the basic sciences is critical 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 2025.
            The APS is a nonprofit devoted to fostering education,
            scientific research and dissemination of information in the
            physiological sciences. The Society was founded in 1887 with 28
            members and now has over 8,500 members, most of whom hold
            doctoral degrees in physiology, medicine and/or other health
            professions.
    ---------------------------------------------------------------------------
        \1\ https://ncses.nsf.gov/pubs/nsb20243/key-takeaways.
        \2\ https://www.nsf.gov/news/factsheets/
    Factsheet_By%20the%20Numbers_05_21_V02.pdf.
        \3\ https://fas.org/publication/fy24-chips-short-7-billion/.
        \4\ https://www.nasa.gov/humans-in-space/nasa-twins-study-confirms-
    preliminary-findings/.
    ---------------------------------------------------------------------------

                                     ______

    Prepared Statement of American Psychological Association Services, Inc.
        The American Psychological Association Services, Inc. (APA
    Services) is the companion organization of the American Psychological
    Association (APA), which is the Nation's largest scientific and
    professional nonprofit organization representing the discipline and
    profession of psychology, as well as over 157,000 members and
    affiliates who are clinicians, researchers, educators, consultants, and
    students in psychological science. APA Services urges Congress to
    provide the following funding levels for programs within the National
    Science Foundation (NSF), the Department of Justice (DOJ), the Census
    Bureau, and the National Institute of Standards and Technology (NIST)
    in FY2025.
                       national science foundation (nsf)
        APA Services joins the scientific community urging Congress to
    provide at least an $11.9 billion appropriation for the National
    Science Foundation (NSF) in FY2025. As other nations continue to make
    dramatic increases in their investments in science, robust funding for
    NSF in FY2025 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 $2 billion in high-
    quality proposals submitted to NSF each year that cannot be funded.
        APA Services urges continued investments in core psychological
    science research supported by the Social, Behavioral, and Economic
    Sciences (SBE) Directorate at NSF. NSF is the only Federal agency whose
    primary mission is to support basic non biomedical 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 historically received 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 Services 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 fair,
    trustworthy, and explainable AI, and necessary for research on the
    future of work.
        APA Services 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.
    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 Services 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 several
    years that must continue. An increased focus must also be placed on the
    role of behavioral and mental health research in efforts to mitigate
    and adapt to climate change. NSF's broad portfolio of research related
    to climate science and clean energy includes research into 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. Psychology, and
    the mental health workforce, will play an essential role in adaptation
    efforts in the face of increasingly prevalent impacts of climate
    change. NSF's efforts to understand the role of mental health in
    adaptation efforts is another essential part of efforts the Federal
    Government is taking to avert the most disastrous outcomes.
                          department of justice (doj)
        APA Services 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.
        Within OJP, APA urges the Committee to provide at least $42.5
    million for the Bureau of Justice Statistics; at least $35.4 million
    for the National Institute of Justice (including at least $1 million in
    dedicated funding for gun violence research); $125 million for the
    Second Chance Act including $5 million to support Children of
    Incarcerated Parents demonstration grants; $35 million for Justice
    Reinvestment; $12.5 million for Delinquency Prevention Program. APA
    Services recommends: $443 million for the Comprehensive Addiction and
    Recovery Act related activities including $95 million for Drug Courts;
    $35 million for Veterans Treatment Courts; $45 million for Residential
    Substance Abuse Treatment; and $190 million for the Comprehensive
    Opioid Abuse Program. APA Services supports $10 million for Crisis
    Stabilization and Community Re-entry Grant Program; $82 million for
    STOP School Violence Act; $45 million for Mentally Ill Offender
    Treatment and Crime Reduction Act; and $45 million for the Justice
    Mental Health Collaboration Program. Within BOP, APA Services
    recommends $409.4 million for the First Step Act. APA Services supports
    $10 million for grants to support Training to Improve Police-Based
    Responses to the People with Mental Illness.
        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. When Congress thinks about VAWA,
    transgender and gender non-conforming people need to be considered.
    According to the Human Rights Campaign, at least 38 transgender and
    gender non-conforming people were killed in 2022, the overwhelming
    majority of whom were Black and Latinx transgender women. These figures
    are suspected to be incomplete because too often these cases go
    unreported--or misreported. The National Center for Transgender
    Equality reports that the toxic anti-trans rhetoric and efforts to
    weaponize disinformation about trans people have contributed to a
    deeply unsafe environment for trans people and their families.
        According to the Substance Abuse and Mental Health Services
    Administration, research has shown that traumatic experiences are
    associated with both behavioral health and chronic physical health
    conditions, especially those traumatic events that occur during
    childhood. Substance use, mental health conditions, and other risky
    behaviors have been linked with traumatic experiences. Crime victims
    may experience trauma, and APA Services strongly recommends fully
    funding the Victims of Crime Act Fund to ensure adequate resources for
    direct victim services.
        APA Services urges the Committee to increase FY2025 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 FY2025 funds
    made available to the OVW, APA Services specifically requests: $255
    million for Services, Training, Officers Prosecutors (STOP) Grants; $12
    million for Education and Training to End Violence Against Women with
    Disabilities; $9 million for the Enhanced Training and Services to End
    Violence Against and Abuse of Women in Later Life Program (Abuse in
    Later Life Program); $25 million for grants to assist Tribal
    governments in exercising special domestic violence criminal
    jurisdiction; $52.5 million for Rural Domestic Violence and Child Abuse
    Enforcement; $16 million for the Consolidated Youth Oriented Program;
    and $25 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.
        APA Services urges the Committee to support FY2025 funding for the
    Office of Community Oriented Policing Services (COPS) to support
    federal, State, and local activities as well as fully funding the
    programs and initiatives included in the recently enacted Law
    Enforcement De-Escalation Training Act of 2022. This includes $20
    million for Training on Racial Profiling and De-escalation, and Duty to
    Intervene Program. APA Services requests at least $45 million for
    Community Policing Development/Training and Technical Assistance and at
    least $15 million for the Training to Improve Police-based Responses to
    the People with Mental Illness program. To address the current crisis
    in law enforcement suicide and PTSD, APA Services strongly urges the
    committee to increase funding for the Law Enforcement Mental Health and
    Wellness Program to at least $15 million.
                                 census bureau
        APA Services urges the Committee to provide $2 billion in funding
    for the Census Bureau in FY2025, which represents a $430 million
    increase above the President's request, and a $620 million increase
    from the agency's FY2024 enacted level. The Administration's request
    supports important initiatives, but it does not include sufficient
    additional funding to fully support priorities identified by
    stakeholders. Funding above the Administration's request is necessary
    not only to implement initiatives outlined in the Census Bureau's
    proposed FY2025 budget request, but also to support other priorities
    identified by stakeholders-especially 2030 Census preparations and the
    ACS.
                 national institute of standards and technology
        APA Services strongly supports the $10 million allocated to the
    National Institute of Standards and Technology (NIST) to establish a
    U.S. Artificial Intelligence Safety Institute. Helping ensure that
    technology shapes the future for the better requires understanding the
    psychology of human-technology interaction. An important area of
    psychological science involves the development, use, and impact of
    artificial intelligence. We encourage Congress and NIST to continue to
    invest in this area of research and to ensure that psychological
    scientists continue to be consulted, referenced, and included in task
    forces seeking to understand more about this new set of technologies.

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

                     Prepared Statement of American Rivers
        My name is Tom Kiernan, I am the President and CEO of American
    Rivers. Since 1973, American Rivers has protected wild rivers, restored
    damaged rivers, and conserved clean water for people and nature. With
    headquarters in Washington, D.C. and 355,000 supporters, members, and
    volunteers across the country, we are the most trusted and influential
    river conservation organization in the United States, delivering
    solutions for a better future. On behalf of American Rivers, I would
    like to thank Chair Jeanne Shaheen, Ranking Member Jerry Moran, and
    Members of the subcommittee on Commerce, Justice, Science, and Related
    Agencies for your leadership to support healthy rivers and fisheries,
    advancing research and development, improving coastal resilience
    infrastructure, and protecting communities from climate change.
        American Rivers is pleased to submit our full requests (see the
    full River Budget here and at https://www.americanrivers.org/wp-
    content/uploads/2024/02/FY25-River-Budget-Combined-with-Letter-and-
    Programs-Sheet-01.30.2024.pdf) as part of the written testimony for the
    record. We address the funding and programmatic needs for Federal
    agencies' programs to make sure they are effective and efficient.
    Today, rivers across the country face daunting challenges on the road
    to recovery. From algal blooms in the Great Lakes to water scarcity in
    the Southwest, we must use every tool at our disposal to ensure heathy
    rivers have a fighting chance to bounce back. Our critical water
    supplies are at risk if we fail to fund these key programs that enhance
    our ability to improve river health and grow our economy. These topline
    figures are backed by our River Budget Partners, a partner network of
    156 partner organizations including utility and state agency
    associations, fishing groups, small businesses, rural communities,
    public health organizations, environmental justice leaders, and more.
        We respectfully request the following:

    ------------------------------------------------------------------------
                Agency                  Program        FY25 Recommendation
    ------------------------------------------------------------------------
    NOAA.........................  Community Based              $100,000,000
                                    Restoration
                                    Program.
    NOAA.........................  National Oceans                40,000,000
                                    and Coastal
                                    Security Fund.
    NOAA.........................  Pacific Salmon                 80,000,000
                                    Recovery Fund.
    ------------------------------------------------------------------------
    *For more detail, see https://americanrivers.app.box.com/s/
      bckpye51yq8zfbf8law2sa6zd6euc9bg.

       support more on-the-ground projects to aid pacific salmon recovery
        The iconic coasts and rivers of the Pacific Northwest are the
    backbone of the region's economy and cultural heritage. Investments
    from NOAA are critical to upholding Tribal treaty rights, pulling
    federally listed species like pacific salmon and steelhead back from
    the brink of extinction, and safeguarding human wellbeing in our
    communities in the face of climate change. The returns on these
    investments are significant--every $1 million spent on watershed
    restoration results in about 17 new or sustained jobs, and as much as
    $2.5 million in total economic activity across a wide variety of
    sectors, including food, hospitality, sustainable forestry, shellfish
    aquaculture, the maritime industry, international trade, tourism, and
    oil transportation safety and spill prevention. We urge the committee
    to fund the Pacific Salmon Recovery Fund at $80M because current
    funding is still woefully insufficient to recover salmon. The total
    need across the Pacific Northwest is $4.7 billion.
        In addition, we would like to further support for NOAA programs
    including:

      --$43.5 million for the Department of Commerce (through NOAA-Salmon
            Management Activities) to fully implement the terms of the
            Pacific Salmon Treaty. This modest increase in funding (the
            same amount we requested last year) is critical to meeting the
            provisions of the Federal Endangered Species Act (ESA),
            upholding Tribal fishing rights, and maintaining sustainable
            commercial and recreational fisheries.
      --$91 million for the Pacific Salmon line item within NOAA's
            Protected Resources Science and Management program. We
            specifically recommend that $7 million of that amount be
            directed to implementing federally approved Hatchery and
            Genetic Management Plans (HGMP) and improve the timeliness and
            overall efficiency of the approval process. Separately, we also
            recommend that $7 million of the overall amount be directed
            towards accelerating habitat consultations in NOAA's West Coast
            Region, including backfilling open positions to conduct that
            work.

        Progress in recovering salmon is being made in some parts of the
    Pacific Northwest region, but far too many fish species are dangerously
    close to extinction. Seven species of Pacific salmon, steelhead, and
    bull trout live in Washington State. This funding has not met the need
    of what communities need on the ground to implement habitat-related
    projects and programs to aid salmon recovery. Since 2005 in Washington
    State, more than 4,000 barriers have been repaired, retrofitted, and/or
    removed to open nearly 5,000 miles of habitat for fish. This
    improvement allows wider river openings and stream flows which salmon
    and steelhead need. Yet, there are at least 18,000 barriers still
    partially or fully blocking fish passage in the state. More support is
    needed to overcome the salmon struggles and recent declines due to
    climate change, habitat degradation, poor water quality, fish passage
    barriers, impacts of hydropower and dams, and scarcity of food.
                 enhance coastal resilience and infrastructure
        In Georgia and Virginia and many parts of our Nation's coast, we
    are already experiencing sea-level rise which means States and local
    governments have to make resiliency part of their planning process to
    mitigate the impacts of flooding and climate change. Since the
    establishment of NOAA's National Coastal Resilience Fund and the
    National Ocean and Coastal Security Fund, more than 300 projects
    focused on restoring, increasing, and strengthening natural
    infrastructure have been funded to help coastal communities manage
    storm and flooding impacts as well as enhance their ability to protect
    fish and wildlife habitat.
        We urge the committee to provide the National Ocean and Coastal
    Security Fund with the opportunity to scale coastal and community
    resiliency projects by specifying percentages for how National Oceans
    and Coastal Security Fund should be used for a block grant program and
    a national competitive grant program, and detail specific eligible uses
    for the Fund's grant programs. At a minimum, the committee must fund
    this program at $40M in FY25 for communities to be ``storm ready'' and
    allowing them to efficiently adapt to changing economic, social, and
    environmental conditions and effectively respond to existing and
    emerging threats to infrastructure, fisheries, and national security.
       direct cost recovery funds back to noaa to support its hydropower
                programs and improve fish migration initiatives
        Improving fish passage at hydropower sites can prevent further
    declines in migratory fish populations and support sustainable
    commercial, Tribal, and recreational fisheries. Fish such as the
    Pacific and Atlantic salmon and other migratory species, such as shad,
    river herring, American eel, lamprey, and sturgeon need access to both
    the ocean and freshwater habitat to complete their life cycles. But
    barriers like hydropower dams block migration patterns and access which
    lead to steep population declines and potential loss of species. NOAA
    Fisheries Hydropower Program is a vital program that partners rely on
    to identify and implement solutions to reopen rivers for migratory fish
    while preserving hydropower generation in smart and sustainable way.
    With more than 1,600 hydropower projects regulated by the Federal
    Energy Regulatory Commission, NOAA needs more funding for staffing and
    science to upgrade and retrofit our Nation's hydropower infrastructure.
        Over the next 10 years, we will see a rise in hydropower
    relicensing with over 440 scheduled to start the licensing process by
    2035. We request the committee support reporting language that makes
    cost recovery for agencies at NOAA Fisheries Hydropower Program more
    explicit and efficient so they can continue providing technical
    assistance, staffing, and capacity for the relicensing process that are
    in the pipeline. Specifically, we ask the committee to support language
    on the disposition of charges arising from licenses. Currently, during
    the relicensing process charges are returned to the U.S. Treasury
    instead of to NOAA Fisheries Hydropower Program which could then use
    the funds dedicated for hydropower to support workloads for upcoming
    relicenses. We must do more to empower NOAA Fisheries Hydropower
    Program to keep their funding for future projects, so they can better
    prepare and provide the much-needed expertise for the wave of
    relicenses that are incoming. Direct cost recovery would be a major
    benefit to the hydropower programs, however additional funding is
    likely necessary for the programs to work with the full suite of
    hydropower projects to conserve and restore the migratory fish affected
    by them.
                                   conclusion
        Thank you for your consideration of these funding requests, and for
    your leadership on appropriations. We look forward to working with you
    to support these opportunities to restore and protect rivers across
    America. Please contact Jaime D. Sigaran, Associate Director, Policy
    and Government Relations (jsigaran@americanrivers.org) with any
    questions.
                                     ______

          Prepared Statement of the American Society for Microbiology
        The American Society for Microbiology (ASM) urges Congress to
    increase funding for the National Science Foundation (NSF) to $11.9
    billion in fiscal year (FY) 2025. This is consistent with the Coalition
    for National Science Funding, of which ASM is a member. The Biden
    Administration's FY25 Budget Request proposed $8.045 billion for
    Research and Related Activities within NSF. ASM requests that Congress
    allocates at least $8.045 billion for Research and Related Activities
    at NSF for FY25. We also request Congress support funding of at least
    $863 million for the Directorate for Biological Sciences, in line with
    the FY25 PBR. We also request full funding for the White House Office
    of Science and Technology Policy (OSTP).
        ASM appreciates the opportunity to submit outside witness testimony
    for the Fiscal Year 2025 Commerce, Justice, Science and Related
    Agencies appropriations bill. Established in 1899, ASM is the home for
    microbial scientists from around the globe to connect, learn, discover,
    and prepare for the future. ASM is one of the oldest and largest single
    life science societies with 36,000 members in the U.S. and around the
    world, whose mission is to promote and advance the microbial sciences.
    We connect with millions of experts and harness their science to serve
    humanity to solve the world's most pressing problems. This includes
    utilizing microbes to create goods and services that contribute to
    agriculture, health, security, manufacturing, and resilience to climate
    change, including natural and anthropogenic disaster prevention and
    mitigation.
                    supporting the microbial sciences at nsf
        The National Science Foundation 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 and the environment, and biothreats. 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. Basic research funded by NSF advances our understanding of
    70% 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 FY2025 appropriations
    bill funds NSF at $11.9 billion.
        The Directorate for Biological Sciences at NSF supports fundamental
    research and infrastructure that promotes a unified understanding of
    all forms of life and at all scales. It is crucial for Congress to
    support all divisions within the Directorate for Biological Sciences,
    including the Division of Integrative Organismal Systems (IOS) and the
    Division of Molecular and Cellular Biosciences (MCB). The IOS supports
    fundamental research and training on phenotypic characteristics of
    diverse organisms, prioritizing an understanding of the processes that
    build and maintain diverse organisms. The Developmental Systems program
    within IOS supports research on the interactions of organisms including
    plant, fungal, and microbial development. An increased understanding of
    the developmental processes of microbes in plants is vital to building
    resilience to a changing climate.
        The MCB supports research to uncover the basic principles of
    cellular function at the molecular level, including how information
    content in cells is maintained and transmitted to the next generation
    and guides expression of cellular characteristics. As well as how
    energy is absorbed, transformed, and flows through biological systems.
    The Cellular Dynamics and Function program within MCB supports research
    aimed at mechanistic understanding of the structure, function, and
    evolution of cellular and subcellular systems. This includes research
    into the fundamental biology of microbes. Microorganisms, including
    bacteria, archaea, viruses, fungi, prions, protozoa and algae play
    important roles in everything from human growth and development to food
    production and climate change. An increased understanding of the
    characteristics of organisms through the IOS and MCB has a profound
    positive impact on the key emerging industry of biotechnology. This
    includes harnessing the microbiome to foster human, animal, and
    planetary health.
        NSF funding is also critical to ensure our scientific workforce is
    prepared to lead the world in the emerging technologies that are key to
    our health, safety, and security. ASM was pleased to see the bi-
    partisan CHIPS and Science Act authorized $15.7 billion for the NSF in
    FY2024 and helps to address various STEM initiatives including
    Combating Sexual Harassment in Science Act, the Bioeconomy Research and
    Development Act, the Department of Energy Science for the Future Act,
    and the NSF for the Future Act. The legislation also directs Federal
    agencies to support research in core areas of interest identified in
    ASM's policy principles, including:

      --Bioenergy, bioproducts and new energy technologies.
      --Research to combat the climate crisis.
      --Foundational functional systems biology research.
      --Microbiome and microbial communities.
      --The development of a national genomic sequencing strategy.

        The CHIPS and Science Act also addresses growing workforce gaps in
    emerging technology areas by expanding its efforts in STEM education
    and broadening participation programs and advancing many priorities in
    foundational research and infrastructure programs. Prior to the
    enactment of the CHIPS and Science Act, NSF was unable to fund more
    than $2 billion worth of research proposals rated ``very good or
    higher'' each fiscal year. It is imperative that the rest of NSF see
    sustainable growth. New efforts can only be successful when built on a
    strong foundational research enterprise that supports research,
    education, and infrastructure to sustain our science and technology
    ecosystem.
        Federal research agencies like NSF must focus on supporting
    programs to better recruit, develop, and sustain the microbial sciences
    research workforce. Congress has a role to play by providing the
    funding necessary to support training and early-career opportunities at
    NSF. To alleviate shocks in the microbiology workforce that is so
    critically needed, as the next public health scare could be right
    around the corner, we must support all individuals who wish to enter
    the microbial sciences workforce.
            support ostp's role in advancing the microbial sciences
        ASM supports full funding for the White House Office of Science and
    Technology Policy to strengthen and advance the American science and
    technology enterprise. This includes working with Federal departments
    and agencies and with Congress to create unified strategies and
    effective programs to advance science and technology. Formerly, the
    Microbiome Interagency Working Group (MIWG) within OSTP provided
    overall guidance and direction for microbiome research across the
    Federal Government agencies. The Interagency Strategic Plan for
    Microbiome Research FY2018-2022, developed by the Microbiome
    Interagency Working Group, provided 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 coordinated microbiome research
    activities across 21 government agencies, describing the interagency
    objectives, structure and operating principles, and research focus
    areas.
        ASM is grateful for the inclusion of language in the final FY24
    Commerce Justice, Science, and Related Agencies report regarding the
    continuation of the MIWG and an updated strategic plan. With the
    requisite Federal support, we can further scientific understanding of
    the microbiome and its functions and lead to the diverse application of
    discovery in biomedical, agricultural, built environment, atmospheric
    sciences, and national defense. Microbiome research aims to advance
    understanding of microbial communities and how they interact with the
    world around us. Today it is understood that microbial communities
    exist on, in, and around people, plants, animals, and the environment
    and have symbiotic relationships that support immunity and protect
    against disease.
        Initiatives of the OSTP impact microbiology overall, including
    implementation of oversight of Dual Use Research of Concern and
    Pathogens with Enhanced Pandemic Potential. ASM recognizes the
    importance of cutting-edge research on human, animal, and plant
    microbes. As well as our responsibility as scientists to minimize the
    risks associated with our experiments, ensure the safety of the
    facilities in which they take place and the confidence of the public in
    the scientific community. The guidance expands the scope of research
    subject to enhanced oversight and outlines a risk-based approach to
    DURC/PEPP policy; without adequate funding for OSTP, implementation of
    the guidance is at risk.
        OSTP is also tasked with reports and implementation of the
    bioeconomy Executive Order to advance biotechnology and
    biomanufacturing towards innovative solutions in health, climate
    change, energy, food security, agriculture, supply chain resilience,
    and national and economic security. In late March, the OSTP announced
    the creation of the National Bioeconomy Board to work with partners
    across the public and private sectors to advance societal well-being,
    national security, sustainability, economic productivity, and
    competitiveness through biotechnology and biomanufacturing. Microbes
    serve as the ultimate organisms for research that generate breakthrough
    technologies from recombinant DNA technology, CRISPR gene editing, and
    more. ASM asks Congress to fully fund OSTP to support their ongoing
    work in advancing the bioeconomy and harnessing the role of microbes in
    growing American biotechnology and biomanufacturing.
                                   conclusion
        Fully funding research within the Commerce, Justice, Science and
    Related Agencies appropriations bill drives discovery, spurs
    innovation, and improves the health of animals, humans, the
    environment, and the economy. This includes supporting research at the
    National Science Foundation to advance the understanding of microbes.
    ASM asks Congress to fund the National Science Foundation at $11.9
    billion for FY25. ASM also requests full funding for the White House
    Office of Science and Technology Policy to advance the microbial
    sciences to strengthen the United States science and technology
    enterprise.

        [This statement was submitted by Amalia Corby, Director of Federal
    Affairs.]
                                     ______

               Prepared Statement of American Society of Agronomy
    Dear Chairman 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 fiscal year (FY) 2023.
    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. In
    order to leverage NSF's core programs, cross-directorate initiatives,
    and support for the future STEM workforce, increased investments are
    required.
        We support $11.9 billion for the National Science Foundation for
    the fiscal year 2025. Recognizing the need for a renewed focus on
    competitiveness and national security, Congress passed the historic
    CHIPS and Science Act with bipartisan support. The legislation
    authorizes major growth for NSF's new Technology, Innovation, and
    Partnerships (TIP) Directorate, expanded workforce programs, and
    emerging priorities across the foundation. Congress must now deliver
    funding for NSF to meet the ambitious goals that the law envisions.
        Proposed as a new mechanism for advancing use-inspired and
    translational research, the TIP Directorate was created to address our
    most pressing national challenges from climate change to national
    security to STEM workforce development. However, NSF requires
    substantial new resources to meet the growing demand for technology
    development and expanding the geography of innovation. TIP has the
    potential to transform regional economies around critical technology
    areas, but it needs major growth to meet demonstrated demand.
        Within the TIP Directorate, the Convergence Accelerator program
    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.
        NSF's core programs, especially the Biology and Geoscience
    Directorates, provide the critical research foundation upon which
    innovations of the future are built. Robust support for scientific
    disciplines, such as biology, plant science, chemistry, and soil
    science will empower our Nation's farmers, ranchers, and landowners to
    make informed decisions grounded in science-based knowledge and support
    technologies and innovations of the future to meet productivity and
    sustainability goals.
        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 Luther Smith,
    lsmith@sciencesocieties.org.

    Sincerely,

    Jim Cudahy, 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 $11.9 billion
    for the National Science Foundation (NSF) for fiscal year (FY) 2025.
    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
    the 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.
        food, fuel, environment, and health: plant biology research and
                                america's future
        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 $1.530 trillion and 19.6
    million jobs the economy.\1\ In fact, despite persistent U.S. trade
    deficits, there has been a surplus in agricultural trade since 1960.
    Steady and dramatic increases in yield have made these surpluses
    possible, even in the face of sustained global population growth. These
    increases were not due to increasing areas of farmland. On the
    contrary, they are directly tied to improvements in crop seeds and
    agricultural innovations that rely on sustained research in crop
    science and plant biology. For these yields to continue, critical
    investments are needed in basic biological sciences, as well as the
    translational science that brings the fruits of basic science to real-
    world applications.
        Plant biology is at the nexus of numerous scientific breakthroughs.
    The 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 and synthetic biology
    approaches toward better and more 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
    mitigating the climate crisis and maintaining food and energy security,
    Federal investments in fundamental plant biology research are modest.
    Nevertheless, scientists have maximized and leveraged this funding to
    discover many of the basic functions and mechanisms of plants,
    providing a foundation for vital advances in practical applications in
    agriculture, health, energy, and the environment.
               robust funding for the national science foundation
        ASPB encourages strong support for the Directorate of Biological
    Sciences (BIO) and proportional funding increases across all 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 fundamental and translational 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 most 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.
        Without significant increases in 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 our Nation's 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. on the global stage. Considering
    the increased investiture in agricultural research in China, Brazil,
    India, the EU, and other major trade partners, the U.S. cannot afford
    to cede its premier position in the basic research that underpins
    advances in our agricultural sector.
        ASPB supports the new Directorate for Technology, Innovation, and
    Partnerships (TIP) and its goal to advance science and engineering
    research and innovation. This Directorate is accelerating basic and
    translational research to solve national and societal problems. TIP is
    supporting use-inspired research in biotechnology, among other areas,
    and is propelling NSF's discoveries to new levels of innovation. TIP is
    also funding 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 in STEM would
    also see major growth, and ASPB strongly supports NSF programs that
    build research capacity at emerging research institutions.
     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. For
    example, a significant increase in crop productivity will be needed to
    match the demand for food expected from global population growth.
    Climate change will present new challenges for crops and other plant
    ecosystems. Fuels and biomedical chemicals will need to be obtained
    from renewable sources. Addressing these challenges requires that we
    deploy all available tools and information and must involve a strong
    and diverse community of plant scientists, with increased involvement
    from underrepresented scientists, including women and those from
    historically excluded groups, who often bring innovative perspectives.
        However, current training pathways do not appear prepared to ensure
    the availability of this workforce. The number of Ph.D. degrees awarded
    in the U.S. in the biomedical sciences in the last two decades has
    increased substantially,\2\ but the number of plant science doctoral
    degrees, both basic and agronomy-related, has remained stagnant during
    this period.\3\ Students gravitate towards fields with reliable and
    robust career and earning opportunities. The academic plant sciences
    are bleeding talent because grants are small and unreliable and
    salaries uncompetitive. Increased funding for the NSF will allow for
    increased salaries that will retain talent.
        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 on plant science training pathways.
    Developing the workforce that will solve future challenges is urgent.
        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 better reflects the demographics of the
    U.S. population.
        ASPB 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 EHR portfolio with a focus
    on understanding how previous investments in educational strategies can
    be made most effective.
        Additionally, ASPB supports the Space Biology Program in the
    Biological and Physical Sciences program at NASA. NASA supports
    fundamental plant research that improves crops on Earth even as it
    pushes the frontiers of space. For example, NASA funding to support the
    smaller stature of plants suitable to grow in the confined spaces of a
    spaceship are also useful in Controlled Environment Agriculture and
    vertical farming. Separately, NASA's Thrive In DEep Space (TIDES)
    initiative will fund nine plant biology experiments to determine how to
    efficiently grow crops in lunar dust, which is crucial as humans move
    toward moon habitation but also applies to crops grown in marginal
    lands on Earth. ASPB requests the subcommittee's support for continued
    investment in NASA for plant biology research that will grow our
    Nation's agricultural sector and extend our reach in space.
        Grand research challenges will not be solved in a year, an
    administration, or a generation. Addressing them require sustained
    attention and investment at Federal research agencies, such as the NSF,
    over decades.
        Thank you for your consideration of ASPB's testimony. For more
    information about ASPB, please visit www.aspb.org.
    ---------------------------------------------------------------------------
        \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 Animal Welfare Institute
        Thank you for the opportunity to submit testimony on Fiscal Year
    2025 funding priorities for the U.S. Department of Commerce (DOC) and
    the U.S. Department of Justice (DOJ).
                          u.s. department of commerce
    North Atlantic Right Whales    $65 million
        In 2020, North Atlantic right whales were designated 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.
        With only about 360 North Atlantic right whales left as of 2023,
    and of those fewer than 70 reproductive females, this species could be
    effectively extinct within our lifetime. 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. On March
    30, 2024, a dead North Atlantic right whale, identified as 35-year-old
    female #1950, was discovered 50 miles off the coast of Virginia. Her
    death marks the 40th mortality in the ongoing UME. Her dependent three-
    month old calf was the sixth calf she had produced during her life and
    is unfortunately also presumed dead, unable to survive without its
    mother. This mother and her calf mark the sixth and seventh presumed
    North Atlantic right whale deaths over the first 3 months of 2024, a
    total that includes other calves who haven't been spotted with their
    mothers. The best available science also shows that two-thirds of right
    whale deaths go undetected, meaning that these observed deaths and
    injuries are a dramatic undercount of what the population suffers.
        Studies have shown that mortalities from known entanglements have
    continued to increase from 21 percent (1970-2002) to 51 percent (2003-
    2018).\1\ 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.\2\ 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 FY24 appropriations minibus included $4 million above the FY23
    enacted level for North Atlantic right whales within the Marine
    Mammals, Sea Turtles, and Other Species line item. Within this funding,
    the Committee supports the use of supplementary funds previously
    provided to NOAA for purposes including innovative gear research,
    acoustic monitoring, and satellite tracking. NOAA was further directed
    to continue to support disentanglement, stranding response, and
    necropsy activities. Another $30 million was provided to States through
    the Atlantic States Marine Fisheries Commission (ASMFC) to cover costs
    associated with testing or voluntary implementation of innovative gear
    to inform future 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 $65 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 an investment in reducing vessel-strike risk in high-traffic areas
    and transitioning to whale-safe fishing gear. We believe the pilot
    program to refine and field tests innovative fishing gear technologies,
    such as ropeless gear, should be expanded, including developing
    geolocation technologies. We recommend $9 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.\3\
        If we are to save this species, it will require 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  $6.5 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 four active UMEs--Atlantic Florida
    Manatee, Atlantic Minke Whale, North Atlantic Right Whale, and Atlantic
    Humpback Whale. In the 2021 declared UME, the Atlantic Florida manatee,
    over 2,455 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, 72 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 has only appropriated funds in
    2005; all other contributions to the Fund have been through voluntary
    contributions. In the FY23 House Appropriations CJS Bill and Report,
    $2M was allocated to this Fund, while the Senate CJS subcommittee, via
    report language, encouraged NMFS to request funding. In the FY24
    appropriations minibus, the joint explanatory statement included
    language that encouraged NMFS to request the funding. Considering the
    significant number of active UMEs, $6.5 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    $10
            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 23 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 120 member organizations
    in 26 States, the District of Columbia, two territories, and three
    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)    $13 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 warm water shrimp, yellowfin tuna,
    and squid. The report noted that IUU-sourced seafood is a threat to the
    livelihood of U.S. fishermen. These practices also pose risks to marine
    ecosystems, public health, and human rights.
        In January 2020, the U.S. government allocated $8 million to fight
    IUU fishing and bolster SIMP as part of the U.S.-Mexico-Canada trade
    agreement (USMCA) 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. In FY22, SIMP
    received a $5.2M appropriation, and in FY23 and FY24, funding increased
    to $6.2M. As NOAA works to expand the Seafood Import Monitoring Program
    to additional at-risk species, additional funding of $13 million is
    necessary to ensure full implementation in FY25.
    Marine Mammal Commission (MMC)    $9 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 annually contributes just over 1 center to fund
    the MMC and its work. Between FY15 and FY21, the MMC was flat-funded at
    $3.43 million. In FY 2022, funding for the MMC was slightly increased
    by $300,000, and in FY23 and FY24, the MMC funded at $4.5 million.
    Unfortunately, however, due to rising fixed costs, the MMC has absorbed
    significant essential costs (salaries, rent, etc.), thereby reducing
    its discretionary funding. In order for the MMC to fully fulfill its
    obligations and mission work, we ask that $9 million be appropriated
    for FY25.
                           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.
        In the last decade, Congress has taken significant steps 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 have 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
    for its work on animal cruelty crimes is warranted.
    ---------------------------------------------------------------------------
        \1\ 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)
        \2\ Pace, R. et al. (2021). Cryptic mortality of North Atlantic
    right whales. Conservation Science and Practice. 3. 10.1111/csp2.346.
        \3\ Knowlton et al. (2016).

        [This statement was submitted by Ericca Gandolfo, Policy Advisor,
    Government Affairs.]
                                     ______

            Prepared Statement of Artie Ann Bates, MD, Psychiatrist
        I am requesting that you rescind the $506 million in funding
    reserved for the Bureau of Prison's (BOP) planned Letcher County, KY
    facility in the Department of Justice-Buildings and Facilities, Federal
    Prison System, Justice account because this prison will be placed in a
    mental health manpower shortage area. It will overload local mental
    healthcare services and place incarcerated people and prison staff at
    higher risk of depression, substance use and suicide.
        The BOP does not appear to plan for this. They released their Draft
    Environmental Impact Statement (DEIS) for FCI/FPC Letcher 2024 on March
    1, 2024, but, other than a brief reference to the First Step Act, BOP
    does not mention the mental health needs of incarcerated people, prison
    staff, or the Letcher community. This massive Federal project wherein
    the ground clearing alone will cost $466,203,000 of the appropriated
    $506 million, offers no discussion of how BOP will approach the vast
    and severe mental health needs within its walls or in the Letcher
    community.
        With a price tag more expensive than any other United States
    Federal prison, it would be placed in a geographic area where,
    according to a 2018 report by the American Psychiatric Association
    (APA) ``Appalachians have disproportionately higher rates of mental
    health problems, compared to the U.S. population.'' Yet, ``the number
    of mental healthcare professionals per 100,000 residents was 35% lower
    than the National average. In the southern and north central sub-
    regions of Appalachia, it further decreases to 50% fewer mental
    healthcare professionals than the National average.''
        But within Federal prisons, there already exists a mental health
    manpower shortage. Director Collette Peters' testified in a recent
    hearing that, ``Systemwide, clinical healthcare professionals are
    staffed at approximately 80%. At individual institutions, healthcare
    staffing rates range from fully staffed to less than 50%,'' thus, the
    BOP has difficulty maintaining a healthcare manpower team for medical
    and mental illness treatment. Why then place a Federal prison somewhere
    the mental health manpower shortage exacerbates the rates of mental
    illnesses?
        In areas like Letcher County in rural Central Appalachia there is a
    ``lower supply of mental health providers than the National average,''
    per the Appalachian Regional Commission (ARC). As the ARC report
    States, ``most mental health professionals practice in metropolitan
    counties,'' yet, BOP has placed Federal prisons in three of the 5th
    District's distressed southeastern Kentucky counties. FCI Letcher would
    be yet another prison in a ``distressed'' county, and the ARC reports
    that the ``supply of mental health providers in the Appalachian
    Region's distressed counties is six percent lower than the supply in
    non-distressed counties.'' In fact, ARC States, ``There are 130 mental
    health providers per 100,000 population in the Appalachian Region,
    which is 35 percent lower than the National average of 201 per 100,000
    population.'' And ``All five Appalachian subregions have a lower supply
    of mental health providers than the National average.''
        Director Peters has no magic wand, therefore seeking services from
    outside providers will likely be necessary, yet these at-risk
    individuals will be placed where, per the APA, ``The region's suicide
    rate is 17% higher than the National rate, and residents in
    Appalachia's rural counties are 21% more likely to commit suicide than
    those living in the region's large metro counties.'' In fact, a recent
    General Accounting Office report, submitted to the Senate Homeland
    Security Committee, listed the eight Federal prisons with the highest
    rates of staff suicides for 1997-2019, and Manchester FCI, in nearby
    Clay County, Kentucky, is on that list. It, like Letcher County, is in
    Kentucky's 5th Congressional district.
        And within Federal prisons, BOP Director Collette Peters' testified
    in September 2023 in an address to the Senate Judiciary Committee, that
    ``As corrections professionals, we have known for decades that we are a
    health care organization.'' She says, ``For instance, of those under
    our care 27.6% experience mental health conditions compared to 22.8% of
    the U.S. general population . . .  individuals in our care meeting the
    clinical criteria for one or more substance use disorders is
    significantly higher in the FBOP population, at 31.8%, when compared to
    16.5% in the general U.S. population.'' With those statistics, the BOP
    must seriously address, up front, how they will provide treatment for
    mental illness and substance misuse, including for its staff, while in
    a mental healthcare shortage area, as these conditions lead to higher
    rates of suicide.
        A DOJ OIG report in February 2024 States that from FY 2014-2021,
    ``inmate suicides . . .  accounted for just over half of the 344 inmate
    deaths we reviewed.'' That's over 172 suicides in Federal prisons in a
    seven-year period. The OIG found ``potentially inappropriate Mental
    Health Care Level assignments for some inmates who later died by
    suicide.'' Further, this OIG report States that ``one or more other
    longstanding operational challenges-staffing shortages; an outdated
    security camera system; staff failure to follow BOP policies and
    procedures; and an ineffective, untimely staff disciplinary process-
    were contributing factors in many of the inmate deaths . . .  These
    challenges continue to present a significant and critical threat to the
    BOP's safe and humane management of the inmates in its care and
    custody.''
        The APA attests that ``According to the Prison Policy Initiative,
    over 40% of people in jails and prisons have been diagnosed with a
    mental health disorder . . .  (and) incarceration is associated with
    subsequent depression and bipolar disorder. Additionally, placing
    individuals in solitary confinement, particularly if they have severe
    mental illness, can be very detrimental psychologically.'' And
    racially, ``Black people make up only 13% of the U.S. population but
    38% of people in prisons and . . .  are more likely to be arrested than
    white Americans with mental health disorders.''
        In fact, the American Psychological Association quotes a US
    Department of Justice (DOJ) 2017 report that also exceeds Director
    Peters' quote, saying that approximately ``37 percent of people in
    prison have a history of mental health problems . . .  More than 24
    percent have been previously diagnosed with major depressive order, 17
    percent with bipolar disorder, 13 percent with a personality disorder
    and 12 percent with post-traumatic stress disorder.'' And that the
    ``percentage of (incarcerated people) with mental illness  . . .
    increased, with rates more than quadrupling from 1998 to 2006.'' The
    increase is due, in part, to the ``Deinstitutionalization of mentally
    ill individuals, which began in the 1960s  . . .  as mental hospitals
    across the country closed their doors.''
        Chair of the Department of Psychiatry at George Washington
    University, James Griffith, M.D. says of Central Appalachia that it is
    `` . . .  a region that was literally raped by coal and lumber
    companies while the rest of the country stood by and did nothing.''
    This history of exploitation was not limited to coal and timber.
    Central Appalachia was targeted by opioid manufacturers such as Purdue
    Pharma. The APA's Health Disparities report references that there was
    ``deliberate targeting of Appalachia by the pharmaceutical
    manufacturers of opioids with increased advertising and provision of
    samples,'' particularly oxycontin. This opioid was eventually limited,
    after many deaths by overdose, or as the ARC calls it, ``Poisoning
    Mortality,'' but then fentanyl emerged, as described by the KY Office
    of Drug Control Policy (ODCP).
        Published in its 2021 Overdose Fatality Report, the ODCP reports
    that of the 2,250 drug overdose deaths in Kentucky, that an ``opioid
    was involved in 90%'' of the cases, fentanyl was ``identified'' in
    ``72.8%'' and methamphetamine was ``identified'' in ``47.8% of the
    total drug overdose deaths.'' By county, while Letcher was not one of
    the five ``with the Highest Rates of Drug Overdose Deaths in 2021,''
    two of the five are adjoining counties: Knott and Perry. In fact, four
    of the five counties with the highest rates of death by drug overdose
    are in KY's 5th congressional district, the location of FCI/FPC
    Letcher.
        Addressing how community addiction disorders affect prisons,
    Director Peters States in her Senate Judiciary testimony in September
    2023 that ``Opioid Use Disorder (OUD), in particular, affects
    approximately 2.7 million Americans and thus presents a significant
    challenge within our facilities. From a security perspective, dangerous
    substances like illicitly made fentanyl can pose a health risk to FBOP
    employees and those in our custody . . .  (thus)we have incorporated
    evidence-based treatments like Medications for Opioid Use Disorder
    (MOUD) and substance use disorder treatment programming.'' But the OIG
    report States ``Our site visits to three different institutions also
    yielded evidence of understaffing, particularly in the critical areas
    of Health Services and Psychology Services . . .  Separately, another
    Staff Psychologist who administered the Medication Assisted Treatment
    (MAT) Program there told us that he could not administer MAT to every
    inmate who qualified for the program because there were not enough
    clinicians or medical staff to prescribe and administer the
    medication.''
        A Marchall Project report in December, 2022 found that ``Forty-
    seven (47) incarcerated people died of overdoses in Federal prison from
    2019 through 2021 . . . The data does not specify how many of these
    overdose deaths were caused by opioids and could have been prevented by
    medications like Suboxone. However,  . . . During the same period,
    correctional staff administered Narcan--a drug that reverses opioid
    overdoses--almost 600 times in Federal prisons.'' This same report
    says, regarding First Step Act implementation, that the BOP is
    ``treating only a fraction-less than 10%-of the roughly 15,000
    prisoners who need it.''
        If the BOP examined the data in Kentucky and Letcher County, they
    don't say so in their DEIS. The ARC in their Creating a Culture of
    Health in Appalachia studies, with data from the National Center for
    Health Statistics, reports that ``The poisoning mortality rate in the
    Appalachian Region is 37 percent higher than the National rate. All
    five Appalachian subregions have higher poisoning mortality rates than
    the National rate. The poisoning mortality rate in Central Appalachia
    is 146 percent higher than the Nation as a whole.'' ARC affirms the
    ``struggle of many Appalachian communities in addressing drug
    dependence and other related issues-especially in southern West
    Virginia and eastern Kentucky-has been well-documented by the National
    media.'' While Kentucky's 2021 Overdose Fatality Report reported that
    Letcher County had ``16'' overdose deaths for that entire year, our
    local weekly newspaper, The Mountain Eagle, (ME) documents that in the
    first 7 months of 2023 we had ``19'' deaths which the county coroner
    attributed to drugs.
        In conclusion, as a physician in Letcher County, my concerns
    include those incarcerated, prison staff, and our local population. Has
    BOP considered that locating a prison in Letcher County will likely
    worsen the county's drug traffic as contraband and illicit drugs are
    traded both inside and outside its walls? If so, this increased drug
    traffic will increase the overdose deaths both inside the prison and
    outside. Further, if the BOP cannot provide adequate mental healthcare
    staffing, and must further burden local community mental health
    services, the transport itself can allow contact with local dealers.
        Would it not make more sense, if such a prison facility is
    necessary, to locate it in areas with adequate mental health services
    and substance misuse treatments? Would it not make sense to keep these
    vulnerable individuals close to family and community?
        Why bring a prison with distressed individuals to an area with such
    mental health service shortages? Is this a wise use of taxpayers'
    dollars?
        For these reasons, I am respectfully requesting that you rescind
    funding allocated for the Letcher County prison project from the
    Buildings and Facilities account, as this project would add strain to
    an already strained mental health care system.
                                     ______

              Prepared Statement of the Association of Science and
                              Technology Centers,
                       the American Alliance of Museums,
                   the Association of Children's Museums, and
                  the 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 2025 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-and a recent
    national public opinion poll showed that museums are among the most
    trusted sources of information across the political spectrum, second
    only to friends and family-above nonprofit organizations, local and
    national news organizations, government, business, and social media
    (Museums and Trust, AAM and Wilkening Consulting, 2021).
        As trusted place-based institutions, our members serve essential
    roles in convening their communities, advancing action on issues of
    local and national concern, and engaging individuals of all ages in
    science and technology.
                  requests for fiscal year 2025 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, 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 STEM Education (EDU), which
    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 $75 million for the Advancing Informal STEM Learning (AISL)
    program.
        NSF also supports STEAM education, informal learning, and the
    public's engagement with science through its research directorates, and
    we urge the subcommittee to provide increased funding for the NSF
    Directorates for Biological Sciences; Geosciences; Mathematical and
    Physical Sciences; Social, Behavioral and Economic Sciences; and STEM
    Education 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-including
    several opportunities to promote public engagement with science.
        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 and engagement 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 $150 million for NASA's Office of STEM
    Engagement, including at least $20 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. This program has engaged tens of millions of
    learner interactions in all 50 States. To continue the program's
    evolution and strong reach nationwide, we request at least $48 million
    for the SciAct Program.
        Finally, we applaud the ways that the agency continues to make its
    data available to the public, allowing museums to engage their
    audiences with current observations and information.
    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,
            such as wildfires, droughts, hurricanes, tornadoes, and
            earthquakes. 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
    $38 million for NOAA's Office of Education.
        We also underscore the important ways that NOAA promotes public
    engagement with science through other offices and programs, such as its
    support for citizen science.
        In closing, we continue to thank the subcommittee for all its
    support for 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 thousands of
    community-based institutions, these examples can be in or near each
    Congressional district.

        [This statement was submitted by Christofer Nelson, President and
    CEO, Association of Science and Technology Centers (ASTC); Marilyn
    Jackson, President and CEO, American Alliance of Museums (AAM); Arthur
    G. Affleck, III, Executive Director, Association of Children's Museums
    (ACM); and Bonnie Styles, Executive Director, Association of Science
    Museum Directors (ASMD).]
                                     ______

         Prepared Statement of Association of State Floodplain Managers
        The Association of State Floodplain Managers (ASFPM) appreciates
    the opportunity to provide testimony on the Fiscal Year 2025
    appropriations for the National Oceanic Atmospheric Administration.
    While ASFPM supports the overall Administration's discretionary budget
    request, we encourage Congress to consider additional appropriations to
    address concerns with Coastal Zone Management Program with an
    appropriations of $64.7 million, fund the Coastal Services Centers with
    an appropriation of $51.2 million, support the Digital Coast with an
    appropriation of $4 million as per PL 116-223, and provide at least
    $3.5 million for the Atlas 15 Precipitation Frequency Atlas.
        For over half a century, the Coastal Zone Management Act (CZMA) has
    been the cornerstone of our coastal stewardship strategy, fostering a
    powerful alliance between Federal and State entities via the National
    Estuarine Research Reserve System (NERRS) and Coastal Zone Management
    (CZM) Programs. These initiatives are pivotal in deciphering and
    confronting the escalating challenges besieging our coastal regions,
    from surging water levels and inundation to pollution, habitat
    degradation, and the wrath of extreme weather events.
        The 34 federally sanctioned CZM Programs across States and
    territories are at the forefront, tackling the Nation's most urgent
    coastal dilemmas head-on. From grappling with the escalating hazards
    like sea level surge, intensified storms, and erosive tides to coping
    with ecological upheavals such as coral bleaching, toxic algal blooms,
    and dwindling fisheries, CZM stands as the bulwark safeguarding our
    coastal equilibrium.
        In recent years alone, CZM Programs have spearheaded over 2,500
    projects, bolstering the resilience of coastal communities against
    looming threats. They've collaborated with more than 2,500 localities,
    fostering balanced development while safeguarding the intrinsic essence
    and resources of our coastlines. Moreover, they've facilitated the
    establishment or enhancement of over 2,700 public access points along
    our shores. CZM efforts have further shielded or revived nearly 150,000
    acres of coastal habitats, while equipping over 200,000 coastal
    decision-makers with vital education and training on management
    strategies, public access initiatives, hazard mitigation, and community
    development.
        The allocation of requested funding is imperative to empower CZM
    Programs, whose matched investments nearly mirror Federal funding, to
    substantially amplify their impact. Their mission, as mandated by
    Congress, encompasses the holistic management, judicious utilization,
    safeguarding, and sustainable advancement of our coastal domain.
        With the substantial investments in coastal infrastructure through
    the Infrastructure Investment and Jobs Act, it is crucial that
    investments are made in the CZM Programs, which play a critical role in
    the planning and approval processes and long-term sustainability of
    many of these projects.
        The Digital Coast was developed to meet the needs of coastal
    communities. This NOAA-sponsored website helps communities address
    coastal issues from development and planning to emergency management.
    The website includes 37 terabytes of imagery, 5.5 trillion points of
    LiDAR, 800,000 miles of land cover, over 70 tools with over 140 use
    examples and more than 100 training opportunities. Sustained funding
    for Digital Coast will ensure access to the data portal for communities
    to influence decisions.
        The passage of the FLOODS Act in 2022 authorized NOAA to establish
    the NOAA Precipitation Frequency Atlas, being referred to as Atlas 15,
    currently and into the future. This program will compile, estimate,
    analyze and communicate the anticipated frequencies of precipitation
    all across the United States. This data is fundamental to providing
    accurate and reliable flood risk information and flood maps for all
    U.S. communities, vital for planning and guiding community development,
    and used in the design of the majority of the Nation's local, State,
    Tribal and national infrastructure, to avoid crippling and costly
    damages from the adverse impacts of floods, and to save lives. Timely
    completion and maintenance of the Precipitation Frequency Atlas should
    be viewed among the highest priorities as a foundational tool for water
    resources engineers, planners, and designers for assembling virtually
    all the Nation's underlying infrastructure. These water investments
    have an extremely high ROI, and can make the difference between viable
    infrastructure and plans that will stalwartly serve our society for
    decades or centuries, or not.
        The Association of State Floodplain Managers is a national
    association of over 22,000 members who are State and local officials
    and private sector planners, engineers, mappers and academics who
    support the work of State and local floodplain managers. All of our
    members are committed to reducing loss of life and property due to
    floods.
        We appreciate the opportunity to share our recommendations with you
    and thank you for considering our suggestions.

    Sincerely,

    Chad Berginnis, Executive Director
                                     ______

              Prepared Statement of Boys and Girls Club of America
        Boys and Girls Club of America (BGCA) would like to thank the
    subcommittee on Commerce, Justice, Science, and Related Agencies for
    soliciting the views and recommendations of public witnesses on Fiscal
    Year (FY) 2025 funding. The following testimony expresses our strong
    support for the Youth Mentoring Grant program managed by the Office of
    Juvenile Justice and Delinquency Prevention (OJJDP).
        For over 160 years, Boys & Girls Clubs have provided safe places
    where young people can learn and grow. We believe every young person
    deserves a great future, meaning every youth that enters our doors
    graduates on time and is college or career ready while living a healthy
    lifestyle and demonstrating good character and citizenship. Clubs offer
    young people an environment to build resiliency by developing the
    social and emotional skills that make them ready for work and life.
    This out-of-school time programming is carried out at more than 5,400
    Boys & Girls Clubs including over 2,400 school-based Clubs, over 1,150
    Clubs in rural areas, 256 Clubs in public housing facilities, 470
    affiliated youth centers on military installations worldwide, and over
    250 Clubs on Native lands.
        As you develop the Fiscal Year 2025 Commerce, Justice, Science and
    Related Agencies Appropriations bill, we respectfully request at least
    $130 million in funding for the Youth Mentoring Grant, which is the
    only mentoring-specific line item in the Federal budget. This important
    program supports the implementation, delivery, and enhancement of
    evidence-based mentoring services to improve outcomes and ensure that
    underserved youth have the supports they need to thrive academically,
    personally, and professionally.
        Youth mentoring is an evidence-based prevention and intervention
    strategy that enhances life outcomes for young people and mentors. It
    is a powerful way to reduce the number of youths disconnected from
    school and work, increase social and economic mobility, and create a
    more productive and prosperous nation. A recent meta-analysis found
    that mentoring, across all studies included, had a positive effect on
    all youth outcomes included in the research, including mental and
    physical health, academics, and career planning and preparation.
        Unfortunately, even with these benefits, one in three young people
    in the United States will grow up without ever having a mentor during
    their childhood, constituting a ``mentoring gap'' that demonstrates the
    need for collaborative investment in mentoring services. In fact,
    recent research suggests that this gap is growing, with 40% of today's
    young people saying they have never had a mentor and almost 70% saying
    there were times growing up where they wanted a mentor but could not
    find an adult to support them in this way. Disadvantaged youth are more
    likely to turn to formal programs to access highly impactful mentors.
    In the United States, of the young people served by mentoring programs,
    51 percent are low-income, 36 percent are academically at-risk, 14
    percent are first generation to go to college, and 8 percent have
    incarcerated parents or family members.
        Quality early interventions like mentoring prevent youth from
    entering the juvenile justice system and often divert youth from
    recidivism. Recent research funded by OJJDP even found that mentoring
    programs could potentially provide a benefit of three times the public
    expenditure, for every day in jail that program participants avoid.
    Notably, however, programs that serve more children with adverse child
    experiences require additional funding to recruit and train high-
    quality mentors. A recent study showed that in programs where 90% of
    mentees were pregnant or parenting, the average cost-per-youth
    increased by nearly $2,500. As programs continue to support as many
    young people with the highest need as possible, funding for the Youth
    Mentoring Grant program must increase.
        Mentorship promotes positive social development and behaviors in
    young people. With youth in America continuing to face serious
    challenges related to substance abuse, mental health, and the effects
    of trauma, a trusting relationship with an adult can help them manage a
    myriad of complex and difficult issues. Mentoring programs save Federal
    dollars over the long-term by reducing rates of incarceration,
    bolstering student academic achievement, and enabling positive health
    and psychosocial outcomes for young people. The positive impact
    mentoring programs have on a number of issues makes it uniquely
    valuable for increased public investment:

      --Mentoring and Mental Health.--Youth mentoring programs of all types
            can prevent and help youth cope with depressive symptoms. It
            can also reduce mental health stigma and increase treatment
            entry and adherence. A recent study by MENTOR found that for
            youth who said they wanted a mentor while growing up but never
            had one, 25% of them specifically wanted a mentor to help them
            with a mental health need. That study also found that mentored
            youth reported stronger mental health when they were growing up
            and stronger mental health today as adults.
      --Mentoring and Education.--Young people, who were at risk of not
            completing high school but had a mentor, are more likely to
            enroll in college, participate in extracurricular activities,
            hold a leadership position, and volunteer. School-based
            programs can have a positive impact on a variety of outcomes,
            including reducing truancy and absenteeism rates and school-
            related misconduct and increasing scholastic achievement and
            peer support.
      --Mentoring and Youth Violence Prevention and Intervention.--
            Mentoring can be integrated into multi-component violence
            prevention efforts and offer comprehensive support to youth at
            risk for committing violence or victimization. It serves as one
            of the few prevention and intervention strategies that can
            effectively address multiple risk and protective factors
            simultaneously and has also been found to reduce aggressive
            behaviors such as fighting, bullying, and delinquency.
      --Mentoring and Career Exploration/Workforce Development.--Mentors
            support youth in career exploration and early employment
            experiences by providing social-emotional support and hands-on
            skill development. Building intentional mentoring relationships
            with young employees has led to higher retention rates,
            direction in building a career or educational journey, wage
            increases, and employee satisfaction. It can also help offset
            feelings of exclusion that prevent marginalized youth from
            considering certain career paths.
      --Mentoring to Address Loneliness and Isolation.--There may be no
            more direct way to help reduce isolation and loneliness for a
            young person than providing them with a relationship that is
            tailored to their needs and circumstances. Mentoring programs,
            by definition, are focused on connecting youth to not only
            individual relationships, but deep engagement with program
            staff and other participants. Relationships with supportive
            adults are considered a key developmental asset; trusting
            relationships create a nourishing environment for adolescents
            to explore the world around them and engage in healthy risk-
            taking.
      --Mentoring for Military-Connected Youth.--Mentoring offers a
            practical approach to supporting military youth and their
            families and has been shown to improve academic performance and
            decrease symptoms of depression, while improving social support
            and parental ratings of stress in the home.
      --Mentoring for Youth in Rural Communities.--Low-income rural youth
            report some of the lowest rates of mentoring of any demographic
            group in the country. This presents an important directive for
            expansion, as studies show many acute benefits to young people
            in rural communities, such as health improvements, mental
            health gains, academic achievement, and externalizing negative
            behaviors.
      --Mentoring and Identity Development.--Research has found that
            fostering a sense of belonging and forging a sense of personal
            identity were among the most meaningful forms of support
            offered by mentors. Too many American youth are growing up
            without these core aspects of human development and can drift
            into antisocial or even violent behaviors in their isolation.
            Mentoring relationships are a cornerstone of a healthy society
            that allows all parties to contribute and find their positive
            path.
      --Mentoring and Substance Misuse.--Access to caring adult mentors is
            a protective factor for young people, lowering the likely
            incidents of drug use and other harmful behaviors. This is
            especially true in youth who have a parent, caregiver, or other
            loved one struggling with or dying because of drug misuse.
            Further, because mentoring programs can offer support at all
            three prevention levels (primary, secondary, and tertiary),
            practitioners are important resources in combating the opioid
            crisis. While the primary prevention work is the most critical
            from a public health perspective, research demonstrates that
            caring relationships can bolster treatment and recovery.

        The impact of the Youth Mentoring Grant for our Clubs is best
    exemplified by the Boys & Girls clubs of Washington County (MD).
    Utilizing its FY2023 funding, the Club will provide critical education,
    career, and healthy lifestyle skills to ensure the 36-youth identified
    to benefit from the youth mentoring grant program funding will receive
    the necessary support to become responsible, caring citizens.
        Similarly, the Boys & Girls Club of Appalachia, Harlan Teen Club
    (KY) continues to demonstrate the vial role the Youth Mentoring Grant
    plays in achieving great futures for youth. As mentioned previously,
    the negative impacts of opioid addiction on children are tremendous.
    Children living with an addicted parent experience family dysfunction,
    neglect, abuse, and emotional pain. In the small town of Harlan,
    Kentucky, 13 children lost a parent to an opioid overdose over a six-
    week span, and eight of those children witnessed their parent's death.
    The Boys & Girls Club of Appalachia provided those youth with support
    as they grieved and struggled to rebuild their lives. The MBGC-Opioid
    Prevention program seeks to bring much needed resources to communities
    like Harlan, through a multi-component mentoring program featuring
    innovative practices and substance use prevention strategies that
    engage youth, families, and communities in healing and building hope
    for the future.
        The Boys & Girls Clubs of Appalachia (KY) and Boys & Girls of
    Washington County (MD) are just two examples of the clear benefits
    provided by an out-of-school time youth mentoring program.
    Unfortunately, today the average mentoring program has 63 young people
    on their waitlist and recent reports and studies have found that
    inflationary costs, workforce shortages, and reduced charitable giving
    have continued to plague the nonprofit sector. This increase in funding
    for the Youth Mentoring Grant Program will help close the mentoring gap
    and create meaningful relationships that will put them on track to
    academic, personal, and professional success.
        As a youth-serving organization committed to ensuring young people
    are loved, supported, and set up for success in life, we recognize the
    unique capabilities of the Youth Mentoring Program grant to improve
    outcomes for young people facing risk, and its capacity to scale
    effective evidence-based practices and support. To that end, we
    respectfully request at least $130 million in funding for the Youth
    Mentoring Grant program.
        Thank you for your consideration of this critical request to
    support our at-risk youth. Please contact Pam Yuen, Boy & Girls Clubs
    of America's Director of Government Relations with additional
    questions.

        [This statement was submitted by Missy Dugan, Senior Vice President
    of Government Relations.]
                                     ______

                           Prepared Statement of CAST
    Dear Chairman Rogers, Chair Shaheen, Ranking Member Cartwright and
    Ranking Member Moran,

        CAST is submitting recommendations to support Fiscal Year (FY) 2025
    investments in the National Science Foundation (NSF). Our
    recommendations are in direct alignment with the stated goals of the
    NSF including the August 2021 goal ``to increase the engagement of
    persons with disabilities in Science, Technology, Engineering, and
    Mathematics (STEM) fields and STEM education.'' \1\
        Since 1984, CAST has worked relentlessly to ensure that our Nation
    is one where learning has no limits for all individuals. We pioneered
    Universal Design for Learning (UDL), a framework for the intentional
    and inclusive design of learning and training environments that harness
    technology, the learning sciences, and instructional practices to
    remove barriers to learning in all settings: physical, digital, or
    blended. UDL is now incorporated into key Federal education, career
    training, and workforce laws.\2\ It encourages the design of flexible
    learning environments that anticipate learner variability and provide
    alternative routes to success; UDL acknowledges that variability across
    all learners is the norm rather than the exception. UDL also
    incorporates a responsive framework to support educators in their
    professional learning and application of new skills in any teaching
    environment.
        With grants provided by the NSF, the U.S. Departments of Education
    (ED) and Labor (DOL) as well as the private sector, CAST works to
    ensure the full power of UDL is utilized to create a level playing
    field where all learners have equitable opportunities to succeed. To
    that end, we make the following recommendation to the subcommittee:

      --STEM Edu Directorate.--$1.95 billion. Within this amount, $20
            million should be provided to support the Centers for
            Transformative Education Research and Translation as authorized
            in the CHIPS and Science Act. This funding will help NSF to
            address vital challenges facing the U.S. talent pipeline,
            strengthening our National competitiveness in STEM education
            and beyond.

        Currently, through public-private partnerships, including funding
    provided by NSF, CAST is working to increase equity, diversity,
    inclusion, and access to all school-age youth, young adults and adults
    in STEM including English Learners, individuals with disabilities, and
    those who may struggle due to low literacy. We do this by developing
    accessible STEM educational resources and making them more widely
    available to teachers and learners; increasing engagement in STEM
    education/STEM careers; and ensuring STEM teachers have opportunities
    to be trained and receive a credential in the use of UDL. Increased
    investments in STEM Education as led by NSF is essential to expanding
    and developing a diverse and well-educated science and engineering
    workforce that can assure national competitiveness in a global world
    and economy.
        Examples of UDL funded in the NSF portfolio:

        Take Flight: Using Drones to Get Rural Middle School Girls
    Interested in STEM Careers.--NSF has funded Take Flight, a multi-year
    project to explore and study the use of drones to teach rural middle
    school girls about STEM and the potential of STEM careers for women.
    Designed to confront society's messaging and girls' own perceptions
    about what STEM skills are, Take Flight is being conducted in rural New
    Hampshire, Maine and Montana, where access to female role models in
    STEM careers is limited.
        STEM Pathways for Rural Youth: Developing STEM Identity Through the
    Outdoors.--NSF has funded OR Youth, an exploratory project designed to
    identify the ways outdoor recreation activities and the outdoor economy
    can be used to develop STEM identities and STEM career thinking for
    rural youth. This project focuses particularly on STEM as a career
    pathway in ``amenity decline regions'' where traditional jobs such as
    mining and timber collection are disappearing. This project builds off
    of work CAST did to support the adoption of Outdoor Recreation
    Competencies and the development of an Outdoor Recreation pathway in
    CTE, now used in New Hampshire.
        BioFab Explorer: Designing a Dual Enrollment Pathway to Careers in
    Biofabrication.--NSF has funded BioFab Explorer to help broaden the
    participation of underrepresented populations in biofabrication and
    biomanufacturing by embedding career guidance into Career and Technical
    Education (CTE) classrooms that provide options for dual enrollment
    (i.e., taking college-level courses for credit while enrolled in high
    school). The project leverages the e-folio technology developed with
    NSF funding (see below, STEMfolio), customizing it for use by students
    and teachers in this emerging field as a way to document and share
    competencies with educators and potential employers.
        STEMfolio.--With funding from NSF and DOL, the Career Exploration
    and Readiness Environment for Science, Technology, Engineering and
    Mathematics (CEE-STEM) project developed an e-portfolio called
    STEMfolio, which supports non-traditional high school students to
    collect, reflect and record information regarding STEM careers of
    interest; chronicle their STEM learning in both classroom and job
    sites; and take actions to connect with STEM postsecondary and
    employment opportunities. By partnering with YouthBuild USA in the
    design and piloting of this tool, CAST ensured that STEMfolio can
    effectively support STEM learning and career pathways for young adults
    who are members of ethnic minority groups and who are economically
    disadvantaged-many of whom have dropped out of traditional high school
    and may also be justice-involved or be young parents-helping these
    young adults see the relevance and achievability of STEM careers. The
    e-folio software is customizable and is being used by education and
    workforce leaders in a Manufacturing Innovation Institute funded by the
    Department of Defense as well as in two NSF projects.
        Stepping Up with OASIS: Opening Access to Science Instruction and
    Support (OASIS).--With NSF and ED funding, this initiative empowers
    science teachers with research-based instructional tools and skills.
    OASIS grew out of an NSF-funded project (now complete) which created a
    digital UDL science notebook teachers of students with learning
    disabilities can use to support students in active science learning: a
    project that achieved statistically significant effects on students'
    science performance and motivation for science learning. The focus now
    expands access to tools and resources for teachers so that more
    students will successfully engage in science learning and the science
    inquiry process.
        Multi-Gen STEM Makerspace Project is a Makerspace initiative that
    is increasing access to STEM engagement, multi-disciplinary learning,
    and opportunity by residents of low-income communities. Makerspaces
    have cropped up in schools, libraries, museums, and other settings, but
    low-income communities have not had the same access to these resources
    and their learning opportunities as have more affluent ones. CAST is
    changing that by partnering with a national affordable housing
    provider, the NHP Foundation, at an affordable housing complex in
    Stamford, CT. With NSF funding, CAST has co-designed a makerspace in
    affordable housing, created makerspace guidelines, workshops and a
    Multi-Gen Makers Playbook to support affordable housing complexes
    across the country in hosting their own self-sustaining makerspaces to
    provide an engaging, accessible route to embed STEM learning in
    families' lives. The resources support caregivers, children, young
    adults, and neighbors to gather and share their knowledge and skills,
    and to collaborate authentically to build on those skills, using STEM
    to meet personal goals, or to pursue a STEM career pathway.
        Advanced Technological Education: Making Community College
    Technician Education More Accessible for Everyone (AccessATE).--Through
    support from NSF, this project supports the ATE community and provides
    ATE grantees with the tools and knowledge to increase the accessibility
    and usability of their resources and activities. CAST provides
    technical assistance on accessibility and UDL to ATE Centers and
    recipients of ATE research grants. Partners include Internet Scout, the
    Accessible Education Materials Center, DeafTEC, Human Engineering
    Research Laboratories and the National Center for Accessible Media. The
    AccessATE work specifically supports STEM technician education programs
    at community colleges which provide workforce development and
    technician training in response to growing industry needs.
        REsource Collaborative for Immersive TEchnologies (RECITE) is a
    partnership between St. Cloud State University (KY) and CAST to support
    ATE National Centers' and Projects' utilization of immersive
    technologies in technician education across the Nation. A recent search
    of the ATE Central database revealed 28 funded ATE projects relating to
    immersive technologies, 17 of which are active today. Most of these
    projects revolve around the development of immersive curricula for
    specific fields. Only a few organizations have had a focus on
    dissemination of content beyond their institution. RECITE seeks to
    capture and disseminate the efficacy, best practices, successes, and
    failures of using various types of immersive technologies in technician
    education. This research will contribute to the broader body of
    knowledge for the tools, resources, and training required to
    effectively use immersive technology to advance technician education.
    Immersive technologies or extended reality (XR) include augmented
    reality (AR), virtual reality (VR), mixed reality (MR), and 360
    photography and videography (360).
        CAST urges further investments in STEM Education via NSF to ensure
    expansion and development of a diverse and well-educated science and
    engineering workforce that can assure national competitiveness in a
    global world and economy.
        We appreciate the opportunity to provide recommendations to the FY
    2025 Labor-HHS appropriations bill. Please contact Tara Courchaine at
    tcourchaine@cast.org if we can provide additional information or answer
    any questions.
    ---------------------------------------------------------------------------
        \1\ Dear Colleague Letter: Persons with Disabilities, National
    Science Foundation (August 5, 2021), at: https://www.nsf.gov/pubs/2021/
    nsf21110/nsf21110.jsp?org=EHR.
        \2\ See: Public Law 110-315, Public Law 113-128, Public Law 114-95,
    Public Law 115-224, National Education Technology Plan 2024, U.S.
    Department of Education.

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

    Lindsay E. Jones, Esq., Chief Executive Officer
                                     ______

          Prepared Statement of Chugach Regional Resources Commission
        regarding accounts within the national oceanic and atmospheric
                                 administration
        This testimony is about accounts within the Department of
    Commerce--National Oceanic and Atmospheric Administration (NOAA),
    including the National Marine Fisheries Service (NMFS)--Protected
    Resources Science and Management--Marine Mammals, Sea Turtles, and
    Other Species on behalf of Chugach Regional Resources Commission
    (CRRC), an inter-Tribal organization in southcentral Alaska that
    provides crucial natural resource management and subsistence support to
    seven Tribes and nearly 3,000 Alaska Natives in a region whose lands
    and waters encompass more than 48,000 square miles.
        We request that this subcommittee: (1) exercise fiscal oversight to
    ensure that NOAA's spending of its allocated funds aligns with
    Congress's intentions; and (2) fully fund the line item for Marine
    Mammal Co-Management, with a requirement that NOAA/NMFS set aside a
    portion of that line item for agreements to cover species/regions that
    have no existing agreements.
        CRRC is an inter-Tribal fish and wildlife commission authorized as
    a Tribal consortium under the Indian Self Determination and Education
    Assistance Act (ISDEAA). For forty years, CRRC has provided essential
    natural resource management and subsistence support for Alaska Native
    villages in the Chugach region: the Native Village of Eyak, Qutekcak
    Native Tribe, Valdez Native Tribe, Native Village of Port Graham,
    Native Village of Chenega, Native Village of Nanwalek, and Native
    Village of Tatitlek. To support our mission, we operate the Alutiiq
    Pride Marine Institute (APMI) to conduct research, produce high-quality
    hatchery technology, and repopulate our subsistence plants and animals
    in the wake of the Exxon-Valdez oil spill. APMI is home to several dry
    and wet labs which examine climate conditions, ocean chemistry, harmful
    algae, and shellfish biotoxin levels to provide comprehensive data on
    ocean conditions in southcentral Alaska. APMI also houses a pilot kelp
    farm program and a newly-completed molecular laboratory to store
    sampled tissues and conduct genomic evaluations for research on marine
    mammals and other species.
                                fiscal oversight
        Federal agencies must be required to have systems that implement
    Congress's budget appropriations in the ways they are intended. Our
    experience shows that these systems are not properly functioning. We
    ask this subcommittee to include report language directing NOAA to
    assess its application requirements for grants to non-federal entities,
    reduce unnecessary requirements, and report back to you on its efforts
    to provide low-burden applications and implement Tribal and minority
    population set-asides.
        First, we note that any Tribal set-aside should require that awards
    be made to a Tribe or Tribal organization (defined in 25 U.S.C. Section
    5304 (e)). Non-Tribal organizations should not be permitted to compete
    for funds designated for Tribes and minority populations by simply
    claiming ties to a Tribe or making a token subaward. Unfortunately,
    NOAA has allowed this as a general practice. For a concrete example, in
    the FY24 Coastal Habitat Restoration and Resilience Grants for Tribes
    and Underserved Communities program \1\ NOAA permitted applicants who
    could ``demonstrate'' a ``connection'' to a Tribe or Tribal entity. The
    ``demonstration'' took the form of a Statement by the applicant--not
    the Tribal entity itself. Our organization has been approached more
    than once by a non-Native entity who offered token involvement in a
    project in order to claim that they served a Tribal community. NOAA
    should be required to honor the Federal trust responsibility to Tribes
    by awarding Tribal funding to those Tribes instead of non-Tribal
    entities.
        Second, although Tribes across the country have considerable
    scientific and practical expertise, Tribal involvement in NOAA research
    is woefully inadequate. This is the case even when a specific tranche
    of funding has been designated for Tribal communities at the
    Congressional level. NOAA's practices in this area result in inequity
    and undermine Congress's policies of encouraging public-private
    partnerships. Research proposals submitted by non-federal applicants,
    for a fund designated for non-federal entities, are evaluated by NOAA
    staff--against the research proposals of other NOAA staff.\2\ This
    creates the appearance of a funding system that allows internal
    nepotism.
        The disparity between NOAA's rate of awards to Tribal organizations
    as compared to other agencies demonstrates that there is a problem with
    how NOAA designs grant programs and assesses applications. To
    illustrate: over the past 4 years, CRRC has a success rate ranging from
    74% to 94% for competitive applications to Federal agencies aside from
    NOAA.\3\ But our success rate for NOAA in the same period is just over
    one half of one percent. When coupled with the fact that NOAA allows
    non-Tribal entities to receive Tribal set-aside funds, a disturbing
    picture emerges. Allocated funds are not being implemented in the way
    that Congress intends when it sets the budget and funding guidelines.
        Third, we ask that you encourage NOAA to reduce the barriers and
    bureaucracy in its grant application process. This squanders the
    resources so carefully planned as needed in the Federal budget, because
    it wastes the time and energy of agency staff in formulating and
    policing those requirements. It also discourages qualified applicants
    from applying. For example, in a recent opportunity, the notice of
    funding was 48 pages long, but applicants were only permitted 20 pages
    to respond to those requirements.\4\ Applicants had to comb through the
    application and figure out what the requirements were within the short
    time allotted for the application response. NOAA applies a strict 60
    day deadline for every funding opportunity from the day it is announced
    publicly (another situation ripe for conflict of interest where NOAA
    staff who are part of a competitive application may get a head start
    through advance access to grant information). This is a very short time
    to gather information and apply, especially if the project contemplates
    stakeholder involvement. This especially hampers Tribal consortia,
    because each Tribal government in the consortium must be contacted and
    consulted before an application can be submitted. Grant application
    deadlines for related funds are often released at the same time,
    meaning that organizations that do not pay professional grant writers
    must choose between opportunities. This plethora of bureaucracy creates
    circumstances that are particularly stacked against Tribal
    organizations. This means that NOAA grants are conducted, and data
    produced, in an echo chamber that misses out on the meaningful
    involvement of Tribal organizations who possess invaluable Traditional
    Ecological Knowledge and local expertise.
                        co-management of marine mammals
        We support the current requests for marine mammal co-management
    funding in NMFS's Protected Resources Science and Management--Marine
    Mammals, Sea Turtles, and Other Species line item. We request, however,
    that the subcommittee make right a historic oversight by specifically
    allocating funding for regions or species for which there are no
    current arrangements. There are vast areas of Alaska that are not
    covered by existing co-management agreements, including our own Chugach
    region. Yet no funding has been allocated for those gaps, and funding
    has stayed relatively flat for existing agreements.
        Section 119 of the Marine Mammal Protection Act (MMPA) \5\ allows
    NOAA/NMFS to establish agreements with Alaska Native organizations for
    co-management of marine mammal populations to conserve marine mammals
    and provide for subsistence uses. Yet, contrary to the MMPA, this
    subcommittee's 2023 guidance \6\, and the Secretary of Commerce's 2022
    Order \7\, NOAA has not agreed to any new co-management or co-
    stewardship agreements for the species they manage. NOAA/NMFS has not
    entered any agreements with new Native organizations since the early
    2000s. Meanwhile, two commissions that existed and were funded pursuant
    to MMPA at that time have since become inactive or disbanded. This has
    left a gap in species and regions covered. We have had difficulty with
    NMFS staff when requesting new agreements because they state that they
    have no budget to support those agreements.
        These agreements facilitate the exchange of information regarding
    the conservation, management, and utilization of marine mammals in U.S.
    waters in and around Alaska. This information is necessary for informed
    management decisions--both by NOAA/NMFS and by Alaska Native
    organizations. Since--because of budget reasons--some regions or groups
    in Alaska have access to co-management while others do not, the current
    situation is simply inequitable.
        This means that Alaska Natives in Alaska's southcentral region have
    no ability to co-manage species that are critical to our people's
    cultural, spiritual, economic, and nutritional sustenance. Without such
    agreements, there is no direct channel for compiling and sharing
    information that we have with NOAA about species and the changing
    climate and effects on the ecosystem. Failing to maintain co-management
    agreements that cover every species and region doesn't just result in
    unequal treatment of different populations of Alaska Natives, it also
    squanders Federal dollars. Federal efforts to gather data, produce
    reports, and manage species are less effective, more expensive and more
    duplicative than they can and should be.
        Co-management arrangements are sound fiscal management, because
    every dollar provided to a Tribal organization for natural resource
    management at the local level results in far more savings to the
    Federal Government in terms of staffing, project costs, travel,
    research, data collection, and duplication of efforts. It also results
    in better data by incorporating local knowledge and leveraging other
    funds and resources. We have been able to conduct surveys and stock
    assessments that Federal and State agencies have neglected in our
    region for many years. Yet there are no existing communication channels
    to exchange this type of information between Tribes and Federal
    partners. This is a prime opportunity for co-management agreements to
    bolster collaboration and create a better result through cooperation
    between Federal agencies and Tribal organizations who possess the local
    knowledge and expertise.
        Marine mammal species--most of which are federally managed by
    NOAA--are vital to our cultural practices and subsistence way of life.
    As the original managers of the lands and waters in our region, our
    people have an unparalleled knowledge base and strong cultural ties
    that have been developed through systematic observation over thousands
    of years. These observations have been honed and refined as our Native
    people developed and adapted their subsistence practices. Our Federal
    partners should be able to share the knowledge from our efforts, rather
    than duplicating or overlooking them.
        Thank you for the opportunity to inform you about issues related to
    the fiscal oversight of NOAA. We hope you keep the unique complexities
    of the Alaska Native context in mind as you form the budget for FY2025.
    ---------------------------------------------------------------------------
        \1\ NOAA-NMFS-HCPO-2023-2008173 at page 13 (funded by the
    Bipartisan Infrastructure Law and Inflation Reduction Act).
        \2\ See, e.g., Notices of Funding Opportunity for NOAA-NMFS-HCPO-
    2023-2008173 at page 13 (``federal agencies or employees may serve as
    unfunded collaborative project partners''); NOAA-NOS-NCCOS-2024-2008101
    at page 16 (``An eligible U.S. entity may propose Federal agency
    researchers as funded or unfunded collaborators.'').
        \3\ Success rate is measured by the dollar amount of funds awarded
    compared to the total applied for at the following agencies: National
    Institutes of Health, U.S. Fish and Wildlife Service, Bureau of Indian
    Affairs, and National Science Foundation.
        \4\ NOAA-NOS-NCCOS-2024-2008101.
        \5\ Public Law 103-238, codified at 16 U.S.C. 1388.
        \6\ Senate Committee Report 118-62 at 36-37.
        \7\ Joint Secretarial Order 3403: Fulfilling the Trust
    Responsibility to Indian Tribes in the Stewardship of Federal Lands and
    Waters (JSO 3403).

        [This statement was submitted by Willow Hetrick-Price, Executive
    Director.]
                                     ______

        Prepared Statement of Citizens for Responsibility and Ethics in
                                   Washington
        Chair Shaheen, Ranking Member Moran, and members of the
    subcommittee, thank you for the opportunity to submit testimony
    regarding the Department of Justice's Office of Legal Counsel (OLC) and
    Congressional oversight of the Executive Branch.
        Citizens for Responsibility and Ethics in Washington (CREW) is a
    non-profit, non-partisan organization committed to promoting ethical
    governance, ensuring the integrity of our government institutions, and
    protecting our democracy. We firmly believe that an open and
    transparent government is necessary to address the threats our
    democracy faces today. To advance this mission, CREW has taken legal
    action to shed light on OLC's secret interpretations of the law and has
    supported efforts to compel OLC to proactively disclose records
    memorializing those opinions.\1\
        Since 2016, CREW has filed 9 FOIA requests to obtain OLC documents,
    but to date has only received a third of these records. CREW has yet to
    receive any OLC memoranda we requested years ago on presidential
    pardons,\2\ executive orders,\3\ and other consequential matters. These
    examples are only a fraction of the many unanswered FOIA requests for
    OLC documents filed by individuals and organizations around the
    country.\4\ Furthermore, because OLC rarely discloses memoranda as a
    result of a FOIA request, when organizations like ours are successful
    in getting OLC materials it is only after extensive FOIA litigation, a
    process that can often take years and requires significant
    organizational and government resources.
        It is in the long-term interest of all citizens to have access to
    the legal advice given to the executive branch, irrespective of which
    political party is currently in power. It is also essential that
    Congress have access to OLC opinions in order to provide effective
    oversight and serve as a check on potential overreach by the executive
    branch. When Congress makes laws, the courts issue decisions or the
    president takes executive action, each almost always does so on the
    record. So too, binding legal guidance issued by OLC should be made
    public in a timely manner.
        We are pleased that in recent years both House and Senate
    Appropriators have included strong language regarding the disclosure of
    OLC opinions, including most recently in the Joint Explanatory
    Statement of the FY 2024 Appropriations bill.\5\ However, given that
    OLC has not responded by beginning the process of proactive disclosure
    it is clear that stronger language is needed to ensure that OLC is
    compliant with these reporting requirements.
        Accordingly, we urge the subcommittee to adopt language similar to
    the provisions on OLC opinions in House Report 117-97.\6\
    Recommended Report Language:

        Office of Legal Counsel (OLC) opinions.-The Committee is aware that
    in 2004, 19 former senior OLC officials authored a document entitled
    ''Principles to Guide the Office of Legal Counsel,'' which included a
    principle that ''OLC should publicly disclose its written legal
    opinions in a timely manner, absent strong reasons for delay or
    nondisclosure.'' The signers noted that such disclosure '' . . .  helps
    to ensure executive branch adherence to the rule of law [and] . . .
    .promotes confidence in the lawfulness of governmental action. [It]
    also adds an important voice to the development of constitutional
    meaning  . . .  and a particularly valuable perspective on legal issues
    regarding which the executive branch possesses relevant expertise . . .
    .'' The Committee agrees with this argument for transparency, and its
    alignment with the precedent for the public reporting of judicial
    decisions. While the Committee understands that some OLC advice should
    properly remain confidential, it also agrees with the views of the OLC
    signers noted above that OLC should ''consider the circumstances in
    which advice should be kept confidential, with a presumption in favor
    of publication.''
        The Committee therefore directs the Attorney General to direct OLC
    to publish on a publicly accessible website all legal opinions and
    written OLC communication of non-legal guidance, except in those
    instances where the Attorney General determines that release would
    cause a specific identifiable harm to the National defense or foreign
    policy interests; information contained in the opinion relates to the
    appointment of a specific individual not confirmed to Federal office;
    or information contained in the opinion is specifically exempted from
    disclosure by Section 552 of Title 5 United States Code. For final OLC
    opinions for which the text is withheld in full or in substantial part,
    the Attorney General should provide Congress a written explanation
    detailing why the text was withheld and, to the extent possible,
    release that explanation to the public.
        In addition, not later than 180 days after the issuance of this
    report, the Attorney General should submit to the Committee and publish
    online a report that lists each OLC opinion currently in effect that
    has been: designated by the Attorney General or his/her designee as
    final; followed by government officials or contractors; relied on to
    formulate current legal guidance; or cited in another OLC opinion. For
    each such opinion, with information withheld only as provided by
    Section 552 of Title 5 of the United States Code and with due
    consideration to the presumption in favor of disclosure, the report
    should indicate the title and date of issuance, the signer, and the
    recipient identified in the opinion. An update of this list should be
    submitted to the Committee with its future annual budget requests.
        Thank you for your ongoing efforts to increase transparency of the
    DOJ's Office of Legal Counsel. If CREW can provide any additional
    insight into questions regarding OLC reform and transparency, we are
    always happy to assist.
    ---------------------------------------------------------------------------
        \1\ CREW gets secret Barr memo on Trump obstruction, CREW (August
    24, 2022), https://www.citizensforethics.org/news/press-releases/crew-
    gets-secret-barr-memo-on-trump-obstruction/.
        \2\ FOIA Request by CREW, to the Office Legal Counsel (July 1,
    2020), https://www.citizensforethics.org/wp-content/uploads/2022/10/
    2020-7-1-Presidential-Self-Pardons-1.pdf.
        \3\ FOIA Request by CREW, to the Office Legal Counsel (January 31,
    2017), https://www.citizensforethics.org/wp-content/uploads/2022/10/
    2017-1-31-OLC-FOIA.pdf.
        \4\ See, e.g., FOIA To OLC For Communications And Directives About
    Events At Capitol During Congressional Certification Of 2020 Election
    Results, American Oversight (January 11, 2021), https://
    www.americanoversight.org/document/foia-to-olc-for-communications-and-
    directives-about-events-at-capitol-during-congressional-certification-
    of-2020-election-results and Exhibit A, Knight First Amendment
    Institute (March 15, 2019), https://knightcolumbia.org/documents/
    1552c902e4.
        \5\ Joint Explanatory Statement Accompanying the Consolidated
    Appropriations Act, 2024 (Public Law 118-24), https://www.congress.gov/
    118/crec/2024/03/05/170/39/CREC-2024-03-05.pdf.
        \6\ H.R. Rep. No. 97, 117th Cong. (1st Sess, 2021), https://
    www.congress.gov/117/crpt/hrpt97/CRPT-117hrpt97.pdf.

        [This statement was submitted by Debra Perlin, Policy Director,
    Gabriella Cantor, Senior Policy Associate.]
                                     ______

               Prepared Statement of Coastal States Organization,
                 Integrated Ocean Observing System Association,
                National Estuarine Research Reserve Association,
         National Marine Sanctuary Foundation, & Sea Grant Association
        Chair and Members of the subcommittee, this joint statement is
    submitted on behalf of the nonprofit organizations listed above who
    share a deep concern for the resilience of the Nation's oceans, coasts,
    and Great Lakes. The members of our organizations work as partners to
    assist our coastal communities and enhance their resilience by
    leveraging each other's contributions and strengths to ensure we
    maximize the use of our resources towards synergistic outcomes i.e., a
    whole that is greater than the sum of the parts.
        America's coasts are highly desirable places to live, with growing
    populations. Over 126 million residents--40% of the population of the
    United States--live in coastal counties. These counties employ 56
    million people, resulting in $3.4 trillion in wages annually, and
    produce more than $8.3 trillion in goods and services. The ocean,
    coasts, and Great Lakes are experiencing a unique set of challenges
    from dramatic changes as a result of sea level rise, increasing coastal
    storm frequency, coastal flooding, erosion, hypoxia, harmful algal
    blooms, ocean acidification, biodiversity loss, and more.
        Weather and climate related hazards, and the resulting loss of life
    and negative impacts to our coastal environments and economies have
    increased at an alarming rate. Since 1980, the Nation experienced 378
    weather and climate disasters where overall damages reached or exceeded
    $1 billion for a total exceeding $2.695 trillion. Over the last 5 years
    (2019-2023), there were 102 events that resulted in nearly 1,996 deaths
    and damages over $600 billion. These weather and climate coastal
    hazards threaten critical coastal infrastructure, water and food
    supplies, and lives and livelihoods. NOAA has recorded record high
    global sea levels and some regions across the country are seeing up to
    1,100% increases in high tide flooding. Additionally, warming waters
    are changing ocean circulation and chemistry, sea levels are rising and
    increasing storm intensity are changing the diversity and impacting the
    abundance of marine species, including corals. These impacts weaken the
    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.
        This interface of coastal change and increasing coastal populations
    is driving the need to enhance coastal community adaptation,
    mitigation, and resilience capacity. The members of our organizations,
    in partnership with NOAA, play leading roles in addressing these
    continually evolving ocean, coastal, and Great Lakes challenges.
        Coastal resilience is a complex and continuously evolving challenge
    that requires a collaborative framework of federal, State, and local
    partners. NOAA's partner programs, which are embedded in States and
    communities--Coastal Zone Management Programs, Sea Grant Programs,
    National Estuarine Research Reserves, National Marine Sanctuaries, and
    the Integrated Ocean Observing System--work together to provide
    tailored information, planning resources, protected land and water
    areas, science, and science translation that provide comprehensive and
    integrated services to address national priorities effectively at the
    local, State, and regional level. Each of these partners provides a
    critical tool in the toolbox needed to support communities in
    addressing coastal resilience. If any of these tools are missing, or
    Federal investments do not adequately support each of these tools,
    efforts to address coastal resilience and adaptation will be hampered
    and less effective. The immense challenges facing our coastal
    communities and ecosystems are much too large for any one organization
    to be able to solve alone. To ensure coastal communities are prepared
    to address increasing coastal hazards, a robust investment in a
    networked resilience initiative is necessary.
        Coastal communities are looking at multi-billion dollar price tags
    to bolster themselves from rising seas and associated coastal hazards.
    The investments made under the Bipartisan Infrastructure Law (BIL) and
    the Inflation Reduction Act (IRA), have made impressive strides to
    advance ocean and coastal resiliency. However, these investments are
    not a replacement for sustained annual funding which supports many NOAA
    programs' and partners' core activities, which are not covered by the
    BIL/IRA. For example, the immediate and long-term success of these
    investments depend on sustained resources to increase capacity for
    community engagement, long-term observation, planning, analysis of
    options, implementation, stewardship and management of restored areas.
    Furthermore, many of these programs have significant educational,
    outreach and training mandates that complement the development of
    coastal infrastructure and improve community resilience through
    planning and preparedness, but which were not funded under the BIL or
    IRA.
        Our organizations strongly support the following investments in FY
    2025 appropriations to ensure robust investments in advancing coastal
    resilience, complementing, building upon, and supporting the
    implementation of the BIL and IRA:

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

    ------------------------------------------------------------------------
    $145.7 million for the National Sea  $108.5 million for Coastal
     Grant College Program and $18        Management Grants and $64.782
     million for Sea Grant Aquaculture    million for Coastal Zone Mgmt. and
     Research.                            Services
    $87 million for National Marine      $47 million for National Estuarine
     Sanctuaries operations, research,    Research Reserve System operations
     & facilities and $8.5 million for    and $10 million for procurement,
     procurement, acquisition &           acquisition & construction
     construction
    $56 million for the Regional         $34 million for National Ocean and
     Integrated Ocean Observing Program   Coastal Security Fund
    $11.2 million for Regional Ocean     $45 million for the Coral Reef
     Partnerships                         Conservation Program
    ------------------------------------------------------------------------

        National Sea Grant College Program.--A joint federal, State, and
    local investment, Sea Grant works in the Great Lakes; Gulf of Mexico;
    and on the Atlantic, Caribbean, and Pacific coasts and islands--
    yielding quantifiable economic, social, and environmental benefits.
    With a mission to enhance the practical use and conservation of
    coastal, marine, and Great Lakes resources to create a sustainable
    economy, a healthy environment, and resilient communities, Sea Grant
    has benefitted from bipartisan congressional support since its creation
    in 1966. Sea Grant funds peer-reviewed research and provides science-
    based expertise and education that responds to local needs. Sea Grant
    fosters cost-effective partnerships, leveraging nearly $3 for every $1
    appropriated. In 2022, Sea Grant created or sustained 9,569 jobs and
    1,601 small businesses, helped restore or protect over 2.1 million
    acres of habitat, engaged 970,976 people in education, and helped
    24,288 seafood industry personnel adopt responsible fishery practices.
        The Integrated Ocean Observing System (IOOS).--The IOOS Regional
    Associations (RAs) work with Tribal, State, local, and Federal agencies
    to design and operate regional observing systems that provide
    actionable information to a variety of stakeholders. IOOS links
    observation to modeling and tools via data management in order to
    improve weather forecasts, increase maritime safety and efficiency,
    protect and restore healthy coastal ecosystems, reduce public health
    risks, and mitigate the effects of coastal hazards including flooding
    and harmful algal blooms. 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 2025
    request supports the core operation of these regional systems allowing
    them to continue critical real-time observations and data services.
    Funds from BIL and IRA to the IOOS Regional Associations will help to
    modernize the systems and build coastal resilience by increasing the
    reach and utility of IOOS data for more user groups, particularly those
    who are underserved in relation to their vulnerability to changes in
    the coastal environment and marine resources. The benefits these
    investments will bring are only possible because of the existing core
    infrastructure.
        Coastal Zone Management (CZM) Programs.--The 34 State and Territory
    CZM Programs, in partnership with the National CZM Program, advance the
    effective management, beneficial use, protection, and development of
    the coastal zone. The demands on CZM Programs have steadily increased,
    requiring greater balancing of coastal zone uses and needs for
    conservation, while increasing weather and climate related hazards
    threaten the lives and livelihoods of coastal communities. While BIL
    and IRA funds provide support for habitat restoration projects and
    other efforts, these funds address only a limited scope of coastal
    resilience. This leaves critical gaps--such as vulnerability
    assessments, long-term resilience planning, community engagement and
    risk communication--that rely on annual appropriations for Coastal
    Management Grants. The requested investment in Coastal Management
    Grants will ensure comprehensive management of the coasts to address
    all facets of coastal resilience and will enhance the implementation of
    BIL and IRA funds managed by State and Territory CZM Programs.
        National Estuarine Research Reserve System (NERRS).--The NERRS is a
    time-tested network of 30 coastal sites with a proven track record of
    delivering the essential information and solutions communities need to
    address climate change and other 21st century challenges. Over 50
    years, and through many crises, Reserves have become trusted members of
    their communities. They serve as living laboratories, support jobs,
    contribute to the economy, help sustain fisheries, protect natural
    infrastructure, and create access to nearly 1.4 million acres of land
    and waters that provide outdoor experiences that enhance public health.
    An increase in NERRS funding will send more dollars to States, add two
    new Reserves in FY 2025 (in Louisiana and Wisconsin) and advance the
    designation of a USVI site. It will strengthen the ability of Reserves
    to put BIL funding to work where it's most needed and provide
    stewardship to protect these investments for the future. It also will
    broaden the impact of NERRS national programs that deliver in-demand
    education, technical assistance and training, and community-informed
    science and data, including the System-Wide Management Program, Coastal
    Training Program, Science Collaborative Funding Program, and the
    Davidson Graduate Research Fellowship.
        National Marine Sanctuary System.--The National Marine Sanctuary
    System encompasses over 620,000 square miles of marine and Great Lakes
    waters protecting ecologically and culturally significant habitats.
    National marine sanctuaries are sources for solutions. They protect
    biodiversity, provide habitat for countless species of fish and
    wildlife, and safeguard coastal communities from flooding and storms by
    increasing resilience to the impacts of climate change. They are living
    laboratories, outdoor classrooms, and tourism and recreation
    destinations. There are six new national marine sanctuaries in our
    Atlantic, Pacific, and Great Lakes waters undergoing the public
    sanctuary designation process. Providing robust funding to the Office
    of National Marine Sanctuaries is an investment in the growing
    sanctuary communities to ensure public engagement and public-private
    partnerships that are the hallmark of sanctuaries. Funding also
    supports replacing and repairing vessels that are mission-critical to
    operations and enforcement as well as improvements to visitors centers
    and signage, which anchor tourism, and engagement in communities,
    strengthening the impact of investments for sanctuary facilities. This
    FY 25 request is an opportunity to invest in America's waters and the
    communities and businesses that depend upon them.
        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 by tackling complex issues at a regional
    scale. BIL provided annual funding for the ROPs consistent with the ROP
    Act. However, it is important to recognize the need for this funding to
    be supported through annual appropriations not just supplemental
    funding.
        National Ocean and Coastal Security (NOCSA) Fund.--The NOCSA Fund
    provides grants to nonprofit 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 BIL 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.
        Coral Reef Conservation Program (CRCP).--Coral reefs are critical
    ecosystems, which provide numerous environmental, economic and
    resilience. The CRCP supports coral reef conservation in the 7 U.S.
    jurisdictions that are home to the United States coral reefs: Florida,
    Hawaii, American Samoa, Guam, Northern Mariana Islands, Puerto Rico and
    the U.S. Virgin Islands, as well as reefs internationally. This funding
    supports priority areas, including coral reef restoration activities
    and infrastructure, local capacity building, and site-based efforts to
    enhance reef resilience to climate change through the reduction of
    local-level stressors including land-based sources of pollution and
    sustainable fisheries.
                                 in conclusion
        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 improved quality of life, as
    well as beneficial environmental and economic outcomes many times over
    the Federal investment.
        Thank you for the opportunity to provide this joint statement.
                                     ______

             Prepared Statement of Concerned Letcher Countians, LLC
          addressing: federal bureau of prisons, department of justice
        As the Senate Committee on Appropriations, subcommittee on
    Commerce, Justice, Science and Related Agencies begins the process of
    crafting Fiscal Year 2025 (FY25) appropriations bills, we strongly urge
    you to rescind the $506 million in Federal funding for FCI/FPC Letcher
    to prevent its incalculable environmental, cultural, and demographic
    damage. Instead, the money can be reappropriated for positive projects
    in Letcher County.
        If funded, FCI/FPC Letcher would be the 5th Federal prison in
    eastern Kentucky and the 6th Federal prison in Kentucky overall.
    Eastern Kentucky' 5th District alone houses more federally incarcerated
    individuals than the entire state of New York yet remains economically
    distressed. Further raising the risks, FCI/FPC Letcher would sit on an
    abandoned surface coal mine.
        Our group, Concerned Letcher Countians, LLC (CLC) is a non-profit
    group of citizens centered in Letcher County and working to protect the
    future of the county, particularly for our youth. We want them to have
    a place to live, thrive, work, enjoy and be safe. We seek a sustainable
    community that provides education, healthcare, senior care, and
    environmental growth and protection. None of these goals includes a
    Federal prison. In fact, a prison will adversely affect the future of
    the county, particularly its youth, thus it is of grave concern for
    Letcher County that we request rescission and transfer of this funding.
        While the Bureau of Prisons (BOP) has professed in their Draft
    Environmental Impact Statement (DEIS) that there has been ``consistent,
    continuous, and unwavering support expressed by Letcher County's
    elected representatives, community leaders, members of local
    institutions and businesses, and the general public,'' their claim is
    unfounded. A growing number of concerned residents of Letcher County
    and Kentucky's 5th District are expressing opposition to this proposed
    Federal project.
        Here are several reasons CLC opposes Federal funding for FCI/FPC
    Letcher prison:

      1.  The chosen site is an abandoned strip mine, of which the BOP
            says: ``Outside the mining industry, there are few projects
            involving the nature and scale to the site preparation required
            to develop the proposed FCI/FPC.'' In fact, site preparation
            alone will cost 92% of the total budget, or ``$466,203,000'' of
            the $506 million, and that's not including the cost for the
            building itself. BOP is overbudget in the site preparation
            alone; they will be asking Congress for more money.
          BOP predicts soil and rock excavation of over 10 million cubic
            yards, and ``structural fill'' of over 9 million cubic yards
            which includes valley fill into streams, hollows, wetlands,
            which increases the risk of future flooding. In short, this
            will be a federally funded strip mine.
          BOP has not adequately addressed the risk of hazardous materials
            unearthed by the previous surface mining (arsenic, lead,
            selenium, chromium, mercury, manganese, among other heavy
            metals) nor does it adequately describe the pollutants left
            there including petroleum, diesel fuel, electrical transformer
            fluids, gasoline, antifreeze, among others. These are toxic to
            humans and wildlife as they contaminate surface and drinking
            water and will be dug up again in the extensive excavation of
            this site.
      2.  Letcher County suffered a devastating flood on July 28, 2022,
            from which we have not fully recovered. Local services and
            funds would be used for the prison construction but are needed
            for houses, road and bridge repairs, water, sewer, garbage
            pick-up, and for flood reconstruction.
      3.  Housing is sorely needed in Letcher County, both in flood relief
            and even before the flood. Though the BOP says that the influx
            of workers in construction, operation, and permanent operation
            will live elsewhere and not worsen the housing crisis, local
            housing leaders say it will.
      4.  Warehousing incarcerated people to count them in the local
            decennial census to gain funding for local communities should
            never be the work of the Federal Government or Congress. The
            BOP States that this is advantageous because funding can be
            obtained without the need to house them. This is egregious and
            strongly alludes to chattel slavery. It is cruel and inhumane
            to use people and tax dollars this way.
      5.  Letcher County and Central Appalachia are in a health manpower
            shortage for mental health and substance misuse services, and
            so are BOP's facilities. The federally incarcerated population,
            by some accounts, has up to 40% with mental illness and
            substance use disorder. It is unacceptable to place them in a
            county which is lacking those services for its own population.
      6.  Coal production was the mono-economy of Letcher County and
            southeastern Kentucky for the last 150 years, but as it wanes,
            and many jobs lost, the citizenry is vulnerable to a
            devastating proposition like another prison. This is a false
            promise that has not shown growth in any of the 3 other
            southeastern KY counties with Federal prisons. Conversely,
            Ashland, KY in Boyd County has had a Federal prison since the
            mid-1970's but also has a more vibrant economy from oil,
            railroad, and proximity to the Ohio River. Letcher County and
            the southeastern Kentucky counties do not have that. Nor will
            another Federal prison ever replace the jobs lost to coal.
            Other ideas with lasting valence are offered later in this
            testimony.
      7.  Economic promises of hotels, jobs, restaurants have not occurred
            because of the 3 other nearby Federal prisons. Appalachian
            Regional Commission (ARC) says those counties, Clay, Martin,
            and McCreary remain ``distressed.'' Communities in those
            counties have continued to see depressed economies,
            outmigration, and decreases in school populations since those
            prisons were built in 1997, 2003 and 2004, respectively. ARC
            says Letcher County already is ``distressed.''
      8.  Jobs are being touted by the proponents despite the BOP's total
            contradiction in the DEIS. These false promises only serve to
            mislead residents as we try to process the consequences of a
            prison to our home community. Case in point, one local leader/
            proponent said at the recent BOP Public Comment meeting (March
            28, 2024) that this prison will provide ``a few hundred jobs
            for Letcher County'' yet the DEIS says the hires from Letcher
            County in construction, operation, and permanent workforce will
            be ``small.'' Can Congress, in good faith, fund such
            contradictory public statements?
      9.  Traffic will be unmanageable on those small roads leading to and
            from the prison, Hwy 588 and 160. Kentucky's Annual Average
            Daily Volume for 2020, as quoted in BOP's DEIS says that those
            roads will go from less than ``50 vehicles'' per hour to ``276
            total vehicles'' from 3:30 pm to 4:30 pm, when kids are on
            school buses going home. Those roads are one or two lanes,
            curvy, and already dangerous before increasing their volume by
            more than 5-fold during school let-out. How does Congress
            justify this risk to local school children?
      10.  Letcher County people are voting with their feet on the proposed
            FCI Letcher because the DEIS States that of the 3 other Federal
            prisons in southeastern Kentucky, there are ``90'' vacancies
            and only ``one'' Letcher County resident works there. BOP says
            this indicates that Letcher County residents lack ``interest''
            or have an inability to meet ``hiring requirements.'' This
            finding alone shows that Letcher County residents do not want
            another prison.
      11.  Understaffing is a major problem across Federal prisons in the
            United States, and especially in southeastern Kentucky, as the
            BOP States in their DEIS. Understaffing makes the inherent
            dangers of prisons even more dangerous for those incarcerated
            and for the staff. USP McCreary has 36 vacancies; FCI
            Manchester has 27 and USP Big Sandy has 27 unfilled positions.
            At the time of the public comment meeting on March 28, 2024,
            both USP Big Sandy and FCI Manchester were on lockdown, as
            stated on their websites. A recent General Accounting Office
            report says that of the 8 Federal prisons with the highest
            rates of staff suicides, FCI Manchester is one of them. Since
            those three prisons in southeastern KY cannot remain fully
            staffed, why misuse tax dollars by building another
            understaffed dangerous prison in Letcher County?
      12.  There is no documented need. The Federal prison population has
            declined since its peak in 2013, and the aging current prisons
            already have infrastructure, water, and sewage that supports
            them and could be upgraded. There is no need, thus Congress
            should not fund it.
      13.  The BOP fails to provide adequate studies of the effects of this
            prison on the local population. Case in point, their DEIS says,
            ``Given their small population size, detailed demographic
            statistics for Whitesburg and other communities in Letcher
            County are unavailable.'' If BOP doesn't have these studies,
            then how can predictions of consequences be accurate? Until
            such information is available, this prison should not be
            funded.
      14.  ``Outsiders'' is a word applied to anyone opposing this prison,
            but a conscientiously minded person will recognize that all who
            pay Federal taxes deserve a say in how the money is spent.
            Further, since only a ``small'' number of Letcher Countians,
            according to the BOP, will be hired at this proposed prison,
            then most of the employees will be ``outsiders'' from other
            counties and regions. Those incarcerated will be ``outsiders''
            from a 500 miles radius, or anywhere in the Mid-Atlantic Region
            which spans from Delaware to North Carolina and includes
            Washington, D.C. They will be far from family and home
            communities, a factor that worsens recidivism outcomes and
            diminishes reentry programming.
      15.  The prison's sewage treatment plant will endanger the health of
            the nearby river, the North Fork of the Kentucky, as well as
            the Kings Creek tributary. Prison wastewater systems have about
            a 10-year shelf-life, and that depends on the staff running
            them. This is too great a risk to the residents downstream as
            well as wildlife habitat which depend on the North Fork of the
            KY River.

        Concerned Letcher Countians requests, instead of a Federal prison,
    that Congress rescind the $506 million appropriated for FCI/FPC Letcher
    and any future requested funds for it. We recommend Congress
    reappropriate all or part of the funds to Federal accounts across
    relevant agencies that our community would be eligible for, and that
    could address the economic distress and the variety of issues Letcher
    County faces.
        Concerning these appropriated Federal tax dollars, we believe
    better uses would be to prevent incarceration by reappropriating the
    money, or at least some of it, toward Federal programs that support
    education and employment training for adolescents and youth, and early
    childhood and family education, both of which have overwhelmingly shown
    a reduction in later corrections system involvement.
        In conclusion, we recommend Congress reappropriate all or part of
    the $506,000,000 funds to Federal programs that represent progress for
    eastern Kentucky and a future for Letcher County youth, and that do not
    depend on incarceration.

        [This statement was submitted by Artie Ann Bates, Secretary.]
                                     ______

        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) 2025, COSSA urges the Committee to
    appropriate:

      --At least$11.9 billion for the National Science Foundation
      --$2 billion for the Census Bureau
      --$60 million for the National Institute of Justice
      --$75 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.
        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
    affecting all Americans.
                          national science foundation
        COSSA joins the broader scientific community in support of at least
    $11.9 billion for the National Science Foundation (NSF) in FY 2025. 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.
        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. 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 increases.
        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 several 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 shedding light on this uniquely human
    challenge and informing policy solutions at all levels.
                   census bureau, u.s. department of commerce
        COSSA requests that the Committee appropriate $2 billion for the
    Census Bureau in FY 2025. 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.
        With sufficient investment, the Census Bureau can transform its
    data collection and processing systems, expand its data storage and
    analysis capabilities, continue its work to improve linking of data
    from administrative records and big data sources, and ensure that the
    Bureau continues to set the standard in data security and privacy
    protection.
        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.
           national institute of justice, u.s. department of justice
        COSSA requests that the Committee appropriate at least $60 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, addressing the drug epidemic,
    reducing violent crime, improving school safety, and fostering positive
    relationships between law enforcement and the communities they serve.
        Despite the Nation's growing need for objective, science backed
    solutions, NIJ's budget has been on a gradual decline for more than a
    decade. Funding shortfalls limit NIJ's ability to disseminate critical
    findings to law enforcement agencies and other stakeholders who need
    the most up-to-date information to improve policies and practices that
    promote public safety and equitable access to justice. The justice
    system of the future requires sustained investment in cutting-edge
    research.
            bureau of justice statistics, u.s. department of justice
        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 $75
    million for the Bureau of Justice Statistics (BJS).
        Despite growing demand from policymakers, researchers, and other
    stakeholders for high-quality criminal justice data across an expanding
    array of variables, BJS has also faced significant budgetary challenges
    over the past decade. Since FY 2010, the BJS budget has decreased by
    42%, not accounting for inflation. Steady declines in funding have
    resulted in antiquated systems and, especially, staffing shortfalls,
    which can only be resolved through sustained investment. Increased
    funding would allow BJS to modernize data collection and dissemination
    systems, hire the necessary experts, and begin to develop the next
    generation of statistical products to keep pace with the ever-changing
    criminal justice landscape and fill critical knowledge gaps.
        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 Court Appointed Special Advocates Program/
                   Guardian ad Litem Association for Children
        Chairman Murray, Chair Shaheen, Vice Chairman Collins, 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 2025 budget including
    funding for 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 same as the President's FY 2025 budget
    request, the CASA/GAL network in 49 States and the District of Columbia
    will enhance and advance specialized training, tools, and resources to
    continue delivering vital one-on-one best-interest advocacy that
    addresses the complex and ever-evolving needs of traumatized children
    who have been victimized by their caregivers.
        Emerging issues such as the commercial sexual exploitation of
    children and our Nation's ongoing 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 remains all too prevalent in
    our country and the negative impact 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 939 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 child victims of
    abuse and neglect.
        As the needs of children who have experienced 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
    children who have experienced abuse and neglect, such as mental health/
    post-traumatic stress disorder (PTSD), commercial sex trafficking,
    overmedication, and the growing effects of substance use disorder 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 advocacy 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.
        FY 2025 funding of $15 million will be targeted to providing
    subawards, on a competitive basis, to local and State CASA/GAL
    organizations, and fortifying resources and training for CASA/GAL
    programs and their staff and volunteers 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 and local programs that will enhance support of
    quality service delivery in local communities. Additional projects may
    include sustaining development of training on best practices in
    addressing the needs of children impacted by the opioid epidemic and
    other forms of substance use disorder, child sex trafficking, children
    of incarcerated parents, young people aging out of the foster care
    system and addressing racial disproportionality in child welfare and
    increasing diversity, equity and inclusion in our member staff,
    volunteers and governing bodies.
        According to the most recent government data available, the number
    of substantiated child abuse and neglect cases was 588,000 in 2021.
    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 needs of children, those children face a complex court
    process and child welfare system that is often overwhelmed, under
    resourced and challenging to navigate. Our ability as a national
    network to serve every child who has experienced abuse or 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
    significant 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 use disorder, 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, the President's
    FY 2025 budget request, for the Court Appointed Special Advocates
    Program in FY 2025 to address the overwhelming need for dedicated
    advocacy on behalf of children who have experienced abuse or neglect.
    Thank you for your consideration.

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

                  Prepared Statement of Daughters of Penelope
             fy25 funding: vawa, voca programs & crime victims fund
        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 survivors and their families 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 sincerely thank Congress for taking important measures recently
    to strengthen Federal programs that address domestic violence and that
    provide the lifesaving services needed for survivors and their
    families. These measures included the passage of the VOCA Fix to
    Sustain the Crime Victims Fund Act of 2021, which is beginning to help
    stabilize the Crime Victims Fund, and the passage of a strong
    bipartisan-backed VAWA reauthorization through 2027. Now, these
    programs must be properly funded.
        To continue funding the essential and lifesaving services to crime
    victims, Congress must provide a Crime Victims Fund cap for FY 2025
    that is set at $1.9 billion; and as the President's FY 2025 budget
    rightfully proposes, work toward a long-term solution to steady restore
    VOCA funding and stabilize the CVF. We also support $1.15 billion for
    VAWA programs but to truly meet survivors' needs.
                       voca programs & crime victims fund
        The Victims of Crime Act (VOCA) created the Crime Victims Fund,
    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.
    The Fund provides formula grants to over 11,000 local victim assistance
    programs.\1\ These agencies provided services to more than six million
    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 that
    in the past Congress carved 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. Therefore, we recommend to the
    subcommittee that the Fund be used only for programs authorized under
    the VOCA statute.
        Finally, we recommend setting the Crime Victims' Fund cap to at
    least $1.9 billion, which is $400 million more than the President's
    recommendation, to address the urgent needs of victims of crime. From
    FY2023 to FY2024, VOCA funds suffered a 30% cut--an approximate $600
    million reduction. State programs are drastically impacted, and the
    local services providers--such as the ones we support (see further
    below)--are suffering from the cuts. According to one executive
    director, Alabama ``was hit hard.'' At the recommended 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.
    Moreover, we support the President's two part FY2025 budget proposal
    that provides a roadmap to stability for the Fund and VOCA, starting in
    FY2026, by allocating $7.3 billion to the Fund and by requiring an
    annual distribution of $2 billion in VOCA.
                                 vawa programs
        Domestic violence is a pervasive, life-threatening crime affecting
    millions of individuals across our Nation regardless of age, gender,
    socio-economic status, race or religion. The statistics are alarming.
    According to the National Network to End Domestic Violence (NNEDV) \2\:

      --More than 1 in 4 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 38 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.\3\
      --Almost 1 in 2 women and more than 2 in 5 men reported experiencing
            contact sexual violence, physical violence, and/or stalking
            victimization by an intimate partner at some point in their
            lifetime.\4\

        Also, of concern, are the following stats:

      --On average, nearly 20 people per minute are physically abused by an
            intimate partner in the U.S. During 1 year, this equates to
            more than 10 million women and men.\5\
      --Approximately 26% of children under the age of 18 are exposed to
            domestic violence in their lifetime.\6\

        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, however, there are many victims who still suffer in silence.
    A 2023 24-hour survey of 1,626 domestic violence programs across the
    U.S. found that a staggering 76,975 victims were served in one day.
    However, 13,335 requests for services (such as emergency shelter,
    transportation, or legal representation) went unmet because programs
    lacked the resources to provide them, an increase from the previous
    year.\7\ An estimated 54% of the unmet services were for Housing and
    Emergency Shelter. The extreme gap between need and resources is clear.
       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.
        Penelope House was the first shelter established in Alabama when it
    opened 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 life-
    saving support to domestic violence victims and their children.
       statistics | effectiveness and importance of vawa and voca grant
                                    funding
      --Historically, VOCA/VAWA grants have funded more than 35% of
            Penelope House's budget.

        Penelope House's Court Advocacy Program is funded by VOCA and VAWA.
    Its 2023 stats for clients served were:

      --Adult Clients: 6,916
      --Children: 5,812
      --Court Appointments with Clients: 6,263
      --Clients Assisted to obtain protection from abuse or no contact
            orders: 1,439

        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 has become increasingly
    important to Penelope House because its services were expanded to
    include more counties.)
        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 compiles
    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 survivor 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--
    although the shelter is not fully staffed due to funding reductions and
    therefore not able to fully meet the community's needs. It's 2023
    service stats:

      --Adults sheltered: 239
      --Children sheltered: 252
      --Total Client Service Hours: 7,441.5
      --Total Nights of shelter provided: 4,611
      --Crisis calls: 1,558
      --Meals Served: 13,909

        Penelope's Place, a five-bedroom shelter, is the only emergency
    domestic violence shelter in Brockton and one of only 26 in
    Massachusetts. It is often the first stop for the region's most
    vulnerable families and the last chance for trauma survivors who have
    nowhere else to turn.

      --In Fiscal Year 2023 (July 1, 2022 to June 30, 2023), it housed 58
            survivors of domestic violence, including children, who were
            fleeing imminent danger. 100% of the residents were low-income
            as determined by the U.S. Department of Health and Human
            Services.
      --Since FY 18, the shelter has seen a 31% increase in the number of
            survivors served.
      --In FY 23, half of the survivors were adults while the other half of
            the survivors served were children of whom 34% were infants
            (under 1 year of age) and 55% were children under the age of
            10--both increases from FY 22.

        VOCA and VAWA funding is equally vital to Penelope's Place. VOCA
    funding supports a rape crisis center and domestic violence support
    programs including ``SAFEPLAN'' court advocacy that aids residents with
    restraining and harassment orders. According to Penelope Place's
    president and CEO, ``In fact, 75% of people who call a Statewide
    shelter for DV shelter are turned away every day. That's why VAWA and
    VOCA funding is so important-the more supports/resources we can provide
    survivors, the safer they are, and the more people we can serve as we
    are able to help them move into affordable housing more quickly.''
                                 recommendation
        The Daughters of Penelope 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 FY 2025 set to at least $1.9
    billion and without any transfers to programs not authorized under the
    VOCA statute. The CVF is not funded by taxpayer dollars. Therefore, the
    cap can be sustained or raised without adding to the National debt or
    deficit and a roadmap for stability must be in place. We also support
    $1.15 billion for VAWA to meet survivors' needs. As the missions of
    domestic violence centers nationwide, such as Penelope House and
    Penelope's Place, expand into jurisdictions due to the unfortunate
    increased need to provide services, the viability of VOCA and VAWA
    grants have become ever more important to meet the survivors' needs.
        Thank you for the opportunity to submit our written testimony to
    the subcommittee.
    ---------------------------------------------------------------------------
        \1\ https://www.justice.gov/jmd/page/file/1489521/download, Page
    144.
        \2\ NNEDV Domestic Violence Fact Sheet, accessed https://nnedv.org/
    wp-content/uploads/2022/07/DVSA-Fact-Sheet-Updated-71222.pdf.
        \3\ https://www.cdc.gov/violenceprevention/pdf/2015data-
    brief508.pdf.
        \4\ The National Intimate Partner and Sexual Violence Survey |
    2016/2017 Report on Intimate Partner Violence, P.5, accessed https://
    www.cdc.gov/violenceprevention/pdf/nisvs/NISVSReportonIPV_2022.pdf.
        \5\ https://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-
    a.pdf.
        \6\ NNEDV Domestic Violence Fact Sheet, accessed https://nnedv.org/
    wp-content/uploads/2022/07/DVSA-Fact-Sheet-Updated-71222.pdf.
        \7\ 18th Annual Domestic Violence Counts Report, accessed https://
    nnedv.org/wp-content/uploads/2024/03/18th-Annual-DV-Counts-Report-
    National-Summary-FINAL-EN.pdf (nnedv.org).

        [This statement was submitted by Marianthi Treppiedi, National
    President.]
                                     ______

             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) 2025 appropriation of $11.9
    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. NSF BIO
    is the Nation's primary funder of fundamental research on biodiversity,
    ecology, and environmental biology. In addition, the Directorate
    contributes to the support of essential research infrastructure,
    including biological collections and field stations.
        For nearly 75 years, the 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 over 350,000 researchers, scientific trainees, teachers, and
    students, primarily through competitive grants to nearly 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
    maintain its global leadership in science and engineering research.
        NSF-sponsored research in entomology and other basic biological
    sciences, primarily supported through 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, food and livestock
    production, pest management, and policy.
        NSF BIO has supported crucial work to understand vector-borne
    diseases, directly relevant to the nearly 500,000 Americans infected
    with a tick-borne disease annually \1\. In a recent needs assessment
    survey of vector control specialists from the Southeastern United
    States, respondents highlighted an underinvestment in vector control
    activities focused on ticks, with the majority of professionals focused
    on mosquitos.\2\ This is one reason why vector control agencies are
    largely unaware of where tick populations are highest, preventing
    formal tick control and yielding continued disease transmission. In
    2020, NSF awarded a $5.8 million grant to the University of Idaho to
    leverage big data to improve the prediction of tick-borne disease
    patterns and dynamics \3\. With this support, the research team
    conducted investigations on the integration of tick environment,
    ecology, human behavior, and socioeconomics using advanced mathematics
    to identify hotspot areas for targeted tick control activities. Their
    work has the potential to create a paradigm shift in how limited
    datasets can be utilized to better inform vector control response.
        Research supported through NSF's Center for Environmental
    Sustainability through Insect Farming (CEIF) will be critical to
    developing new methods to enhance and accelerate the feasibility of
    using insects as feed for livestock, poultry, and aquaculture.\4\ CEIF
    brings together leading industry and academic experts from across the
    United States to address research gaps that are necessary to explore in
    for insect-based products to become a sustainable alternative for feed
    and food production. This work, which is being conducted through a
    partnership between Purdue University, Indiana University, Texas A&M,
    and Mississippi State University along with private sector partners,
    not only plays a critical role in workforce training but also has the
    potential to transform the global food system.
        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 amounted to nearly $7
    million in the State of Maine alone.\5\ 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.\6\ This practice also has the potential
    to reduce the need for pesticides and could prevent unintentional
    spread of the pest through shipment and trade.
        NSF has also supported work directly relevant to biodiversity
    conservation. Monarch butterflies, renowned for their stunning
    migrations, are in urgent need of protection and conservation efforts
    due to increasing parasite infections threatening their populations.
    Monarch caterpillars feed on milkweed, which contain toxic cardenolides
    that not only protect monarchs from vertebrate predators,\7\ but which
    have also been found to provide protection from the virulent protozoan
    parasites.\8\ However, the concentration and composition of
    cardenolides needed to effectively reduce protozoan parasite infections
    is unknown. A new study, funded in part by support through the National
    Science Foundation GRFP, found that diverse mixtures of cardenolide
    compounds even at low concentrations performed better than individual
    cardenolides at high concentrations to reduce parasite infections in
    monarch butterflies.\9\ This breakthrough suggests that selecting and
    planting milkweed species that produce diverse cardenolides can better
    protect monarch butterflies from protozoan parasite infections.
        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
    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 2025 NSF budget of $11.9 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\ Trends in Reported Vectorborne Disease Cases--United States and
    Territories, 2004-2016, available at: https://www.cdc.gov/mmwr/volumes/
    67/wr/mm6717e1.htm?s_cid=mm6717e1_w.
        \2\ Dye-Braumuller, K.C. et. al. Needs Assessment of Southeastern
    United States Vector Control Agencies. Trop. Med. Infect. Dis. 2022,
    7(5), 73; https://doi.org/10.3390/tropicalmed7050073.
        \3\ https://www.nsf.gov/awardsearch/showAward?AWD_ID=2019609.
        \4\ Center for Environmental Sustainability Through Insect Farming,
    available at: https://iucrc.nsf.gov/centers/center-for-environmental-
    sustainability-through-insect-farming/.
        \5\ Yeh, D. A. et al. 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/.
        \6\ 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.
        \7\ Brower, L., and C. Moffitt. 1974. Palatability dynamics of
    cardenolides in the monarch butterfly. Nature 249: 280-283.
        \8\ Lefevre, T., L. Oliver, M. D. Hunter, and J. C. de Roode. 2010.
    Evidence for trans-generational medication in nature. Ecology Letters
    13: 1485-1493.
        \9\ Hoogshagen, M., A. P. Hastings, J. Chavez, M. Duckett, R.
    Pettit, A. P. Pahnke, A. A. Agrawal, and J. C. de Roode. 2023. Mixtures
    of milkweed cardenolides protect monarch butterflies against parasites.
    Journal of Chemical Ecology: 1-11.

        [This statement was submitted by Jennifer A. Henke, BCE,
    President.]
                                     ______

          Prepared Statement of Environmental Solutions International
        Chair and Members of the subcommittee, in this testimony we address
    appropriations and directions for the agencies listed above for the
    recovery of great whales and the climate while enhancing fisheries, and
    for the protection of our elections, as they will determine the rest.
        We have spent much of our careers in wildlife conservation and
    science, election protection and responsive government. Some of us
    worked with Senate champion Joe Biden and House sponsor Barbara Boxer,
    to enact the Dolphin Protection Consumer Information Act (the dolphin-
    safe labeling act of 1990) (Public Law 101-627). We also helped improve
    the Endangered Species Act in 1988 and recently suggested recovery
    steps for the North Atlantic Right Whale (NARW).
        A Win-Win Solution for Whales, Lobstermen and the Climate: Speed
    limits, technology, and whale-safe marketing and Greenhouse Gas Removal
    (GGR). There are several ways that nature removes methane (one of the
    most powerful climate pollutants) and CO2. One is through natural ocean
    iron fertilization, a process that we can enhance, with co-benefits in
    increased populations of phytoplankton, lobster larvae and great
    whales. A related method uses similar iron aerosols added just over the
    ocean to oxidize methane out of existence. These are covered below.
        The Committee should ask the relevant agencies for capability
    statements estimating the cost of the recommended programs and several
    options for offsetting reductions in the budget in time to include
    appropriations and authorizing language, while accounting for the
    increases in productivity and thus, tax income, likely to flow from
    these enhancements. We ask that you:

      (1)  Direct NOAA, in consultation with the EPA and Justice, to
            conduct further research on GGR including but not limited to
            that recommended by the National Academy of Sciences to assess
            and deploy ocean-based methods of removing CO2, methane, and
            other greenhouse gasses (GHG), and by directly restoring great
            whales and other ocean life to perform what even the
            International Monetary Fund reported would provide billions of
            dollars in climate services. (https://www.imf.org/en/
            Publications/fandd/issues/2019/12/natures-
            solution-to-climate-change-
            chami#::text=We%20estimate%20that%2C%20if%
            20whales,whales'%20CO2%20sequestration%20efforts.) A previous
            study by Schmitz found rewilding nine species groups--marine
            fish, whales, sharks, gray wolves, wildebeest, sea otters, musk
            oxen, African forest elephants, and American bison-could
            sequester 6.4 billion more tons of carbon, nearly the annual
            carbon footprint of the U.S.
      (2)  Direct NOAA to collaborate with the DOJ, the EPA, The
            International Maritime Organization and others to propose
            regulations to ensure the full and proper deployment of Ocean-
            based GGR and sea life restoration. The methods recommended by
            the NAS for further testing include methods that could increase
            and enhance the food supply of baleen whales, like the NARW, as
            well as lobster larvae, creating a win-win for the fishing,
            conservation, and scientific communities. (https://
            nap.nationalacademies.org/read/26278/chapter/5#99; https://
            nap.nationalacademies.org/read/26278/chapter/8 and https://
            www.nationalacademies.org/event/40025_10-2023_atmospheric-
            methane-
            removal-needs-challenges-and-opportunities https://
            www.nationalacademies.
            org/event/40025_10-2023_atmospheric-methane-removal-needs-
            challenges-and-opportunities) The NAS sets out budgets for this
            research, for example Table 3.4 at page 100 in the Ocean CO2
            Report--https://nap.
            nationalacademies.org/read/26278/chapter/5#99.
      (3)  Direct the U.S. Trade Representative and the International Trade
            Commission and Administration to assess and propose options for
            improving the standards and incentives adopted by all parties
            under the Global Methane Pledge and the Montreal Protocol
            (which may have jurisdiction over some climate interventions)
            and for using trade (tariffs, embargoes, etc.) and aid to
            expedite and scale up GGR. And direct OSTP and all of Commerce
            to cooperate in this work.
      (4)  Direct the Administrator of NOAA to report to the Committees of
            jurisdiction on options for governing GGR domestically and
            internationally to ensure that such methods are neither
            underdone, overdone nor improperly done. These should include
            and assess the governance recommendations received by the OSTP
            regarding its 5-year plan and a draft Executive Order to
            assess, test, expedite and govern climate interventions here
            and abroad.

        The death of any whale by preventable human causes must be avoided,
    but the deaths of 3 female NARWs in the first 3 months of 2024, means
    that we have also lost all the calves they could have borne had they
    not been killed by ship strikes or fishing gear entanglement. Mothers
    with calves are especially vulnerable as they spend more time at the
    surface. Near the Statue of Liberty, a cruise ship carried a dead sei
    whale on its bow as if to say ``This is the welcome we give to
    whales.'' (https://www.bbc.com/news/av/world-us-canada-68980345). In
    2019 over 100 shipping companies and conservation groups wrote the IMO
    urging them to adopt speed limits for ships to reduce pollution and
    increase efficiency. https://www.transportenvironment.org/wp-content/
    uploads/2021/07/Joint%20industry_NGO
    %20speed%20letter%20to%20the%20IMO.pdf.
        We ask that you direct NOAA to:

      (a)  implement mandatory ship speed limits for vessels 35 feet and
            larger, and
      (b)  aggressively pursue development, refinement, and implementation
            of ropeless fishing gear for fixed trap fisheries; and
      (c)  propose a whale-safe marketing program for lobster caught with
            ropeless gear and for ships equipped with effective, automatic
            speed controls that can be overridden but take effect when
            whale warnings are in effect.

        Suggested Bill Language--Under National Oceanic and Atmospheric
    Administration Operations, Research, and Facilities (Division B--
    Commerce)

        add: Provided further, That of the amount appropriated for the
    Department, an increase above the amount requested by the
    Administration for FY2025 of no less than $10,000,000, of the funds
    made available each year, through the Inflation Reduction Act or
    otherwise, be used, via reprogramming or otherwise, to establish and
    enforce mandatory boat and ship speed limits to protect great whales,
    including but not limited to NARW, from ship strikes, provided further
    that mandatory enforcement may include fines that may be retained and
    used for the salaries and expenses associated with such enforcement;
    Provided further, That any proceeds from seizure and sale of ships
    violating such mandatory speed limits, and the cargos thereof, may be
    retained and used by the NOAA for enforcement of speed limits, such
    proceeds to remain available until expended. An increase above the
    amount requested by the Administration of no less than $20,000,000 is
    hereby appropriated to be used by the Administrator to establish a
    program for the development, assessment and field testing of methods of
    GGR through the use of ocean fertilization and enhanced atmospheric
    methane oxidation using iron and, as the Administrator may determine,
    other micronutrients in areas found to be lacking. This complements $36
    million awarded by ARPA-E for marine CO2 removal in 2023. The
    Administrator shall report quarterly on the progress and results of
    such program and recommend changes to enhance the program.
        Under Coast Guard (Division F--Homeland Security) in the full
    Committee or as a pass-through in the CJS bill add: Provided, That of
    the amount appropriated for the Department, for FY2025 or from the IRA,
    no less than $10,000,000 above the amount requested shall be available,
    in consultation with the Secretary of Homeland Security, to enforce
    mandatory boat speed limits and other regulations to protect great
    whales from ship strikes, provided further that such enforcement may
    include fines that may be retained and used for expenses associated
    with such enforcement; Provided further, That proceeds from seizure and
    sale of ships violating such mandatory boat speed limits or other
    regulations for NARW conservation, and the cargos thereof, may be
    retained and used by the Coast Guard in cooperation with NOAA for
    expenses associated with enforcing such boat and ship speed limits,
    proceeds to remain available until expended.
        Division B--Commerce, Justice, Science, and Related Agencies--Title
    I--Department of Commerce--Under Scientific and Technical Research and
    Services, within the support for Climate and Energy Measurement, Tools,
    and Testbeds: The National Institute of Standards and Technology (NIST)
    shall direct such funds from the amounts appropriated as necessary to
    expand its research on ocean-based destruction and removal of the
    greenhouse gasses including but not limited to methane and CO2. NIST
    shall report to the Committees on its progress within 6 months and
    annually thereafter.
        Under Division JJ--North Atlantic Right Whales: Given the recently
    documented deaths and injuries of NARWs due to lobster rope
    entanglement, we recommend that Congress direct the Administrator to
    provide a buy-out option for each of the years up to 2029. We suggest
    bill language here in a new Subsection (c):
        To the previously enacted provision beginning with ``SEC. 101.
    NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.'' add a new subsection ( c
    ) below:

        (a) IN GENERAL.-Notwithstanding any other provision of law except
    as provided in subsection (b), for the period  . . .  the Final Rule
    amending the regulations implementing the Atlantic Large Whale Take
    Reduction Plan (86 Fed. Reg. 51970) shall be deemed sufficient to
    ensure  . . .
        (b) EXCEPTION.- . . .
        (c) Compensation for Voluntarily Ending or Suspending Rope Use: The
    Administrator is hereby directed to provide a buy-out option for each
    of the years up to 2029 to pay lobstermen and Jonah Crab fishermen
    their average net annual profit from their fishing operations as
    reported to the Maine and Federal revenue services, made using roped
    gear for the previous 3 years if they remove their gear from the water
    for that full season, or to pay in proportion to the part of the season
    not so fished when great whales are likely to be present, if the
    Administrator confirms throughout that period in consultation with
    state authorities that they have complied and that there is a parallel
    reduction in the fleet using ropes and that the number of ropes in the
    water of or off each State used by NARWs has been reduced accordingly.
    The Administrator shall assess fines for violating the agreements at
    treble damages. The Administrator is hereby authorized to provide, in
    consultation with the Secretary of the Treasury, a refundable tax
    credit in lieu of direct payment, for documented compliance with such
    buy-out terms as the Administrator may prescribe. In exchange for such
    payment, the Administrator shall require fishermen accepting the buy-
    out to participate in a program of testing ropeless fishing gear which
    allows them to keep and sell such lobster or crab as they may catch
    with only a 50% reduction in the payments they have received for each
    dollar of net profit from the sale of that catch and prepare to market
    such seafood as ``Whale Safe'' under a program the Administrator shall
    prepare. Administrator of NOAA shall within 30 days of the date of
    enactment implement its proposed mandatory speed limit, making it
    applicable to all boats 35 feet and longer in any areas and times where
    great whales are likely to be present. The Administrator and the
    Commandant of the Coast Guard shall enforce the speed limits through
    means such as fines, confiscation of vessels and cargo, and suspension
    or, upon a second violation, permanent loss of captains' and pilots'
    licenses. NOAA Fisheries shall use such FY2025 or IRA funds as
    necessary but no less than $5,000,000 more than requested to expand its
    Gear Lending Library and training program for fixed trap fisheries, and
    award grants to address any existing technological deficiencies of
    ropeless technology that discourages adoption.
        Protecting Elections--Direct the Census Bureau, the Election
    Assistance Commission and the Attorney General to report jointly to the
    Committees on Appropriations, Oversight, and Administration and the
    public within thirty days, to the extent possible, every month
    thereafter in 2024 on the extent to which the right to vote has ``in
    any way'' been abridged by any state or jurisdiction by changes in the
    law, the administration thereof, and court decisions since 2012. The
    report should apply the stipulations of Section 2 of the 14th Amendment
    to the delegations to the House of any state that has adopted de jure
    or de facto measures that are likely to abridge, limit or impede ``in
    any way'' voting age residents, including but not limited to racial and
    ethnic minorities, the elderly, handicapped, those without drivers'
    licenses, those stationed or enrolled for a limited time in state, and
    others, from exercising their right to vote. The report should provide
    for each State the number of Members of Congress, and thus electors,
    who would no longer be eligible to serve after the 2024 election if
    Section 2 were to be fully implemented and a list of States that would
    receive those redirected House seats and electors.
        Direct the DOJ and Election Assistance Commission, in consultation
    with the Cyber Security and Infrastructure Security Agency's Project
    2024 (https://www.cisa.gov/topics/election-security/protect2024) to
    report within 30 days of your request, on:

      (a)  the extent to which each State and jurisdiction managing its own
            elections has installed or instituted state of the art physical
            and technical security and transparent auditing procedures,
            such as preserving ballot images to help avoid the need for
            expensive recounts;
      (b)  recommendations for legislation and other steps to incorporate
            by statute (amending 52 U.S.C. Sec. 10701), the specific
            requirement that electronic election records, including
            original digital ballot images, be preserved for 22 months
            (like all other election records) and that they be posted
            online (as is already done in some jurisdictions) as issued in
            the July 19, 2021, DOJ directive that all electronic voting and
            election records must be preserved just as paper records must,
            and
      (c)  recommendations for legislation and other steps to provide a
            private right of action to enforce the election laws with
            awards of reasonable attorneys and expert witness' fees to
            substantially successful plaintiffs so that voters need not
            rely on any Department of Justice that may not have the
            resources or the inclination to enforce the law.

        [This statement was submitted by Sandra Scholar, Esq., John
    Fitzgerald, Esq., Albert Manville, Ph.D., Christine Real de Azua,
    Carmella Mazzotta & Christopher Croft.]
                                     ______

    Prepared Statement of Federation of American Societies for Experimental
                                    Biology
        Chair Jeanne Shaheen, Ranking Member Jerry Moran and Members of the
    Committee, FASEB FY 2025 Recommendation: at least $16.7 billion for
    NSF. 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 the recently created
    Directorate for Technology, Innovation and Partnerships (TIP), 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. However, NSF must
    have enough funds to enable steady, sustained increases across the
    entire agency.
        In FY 2024 the enacted level was $9.06 billion for NSF. The Fiscal
    Responsibility Act, (Public Law 118-5), reduces FY 2024 nondefense
    discretionary (NDD) spending to $704 billion which is below the FY 2023
    level. The bipartisan top line agreement between the House and Senate
    raises NDD to $773 billion for FY 2024. However, there is no guarantee
    that with this increase, NSF will receive enough to reach the CHIPS and
    Science Act (Public Law 117-167) authorized level for FY 2024 of $15.65
    billion.\1\
        In FY 2023, NSF benefited from over $1 billion in emergency
    supplemental funding and was appropriated a total of $9.9 billion. With
    $335 million of that directed towards implementation of the CHIPS and
    Science Act, $9.5 billion was left for more traditional use which still
    required the agency to make cuts to priority areas when they developed
    their FY 2023 spend plan. NSF faces additional challenges should
    Congress fail to provide the agency with its authorized level in the
    final FY 2024 appropriations bill, including being unable to meet the
    urgent needs in emerging industries, building a resilient planet, and
    supporting workforce efforts to scale our science and innovation
    ecosystem to meet our competitive needs. These include scaling the
    Regional Innovation Engines program supporting innovation in
    geographies that have not received the full benefits of technology
    advancements in decades; increasing work in artificial intelligence;
    and expanding programs in other emerging areas such as biotechnology
    and scaling the science ecosystem.\2\
        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.\3\
        Organize and lead research partnerships at speed and scale.--The
    NSF coordinates and leads interagency research endeavors, including
    partnerships with NIH and DOE SC. These collaborations advance public
    health and clean energy, the development of artificial intelligence,
    and other national priorities.\4\
        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, advancing AI,
    and promoting national security. These scientists--some of whom will
    become entrepreneurs--will work across different scientific disciplines
    and broaden participation in science and engineering among
    underrepresented and diverse groups.\5\

        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 29 percent of the
    high-quality research proposals that were submitted, rather than the
    National Science Board recommendation of 30 percent.\6\ While the trend
    in NSF awards is improving, there are still deserving proposals that do
    not receive funding, leaving a rich portfolio of research opportunities
    to explore.\7\
        Meanwhile, according to the National Science Board's Science &
    Engineering (S&E) Indicators 2022 report, the U.S. is falling behind at
    10 percent compared to China's 49 percent of international patents
    received from 2010 to 2020.\8\ The publication of research in peer-
    reviewed literature--the primary mechanism for disseminating new S&E
    knowledge--grew at an annual average rate of 3 percent for high-income
    countries such as the US compared to 11 percent for upper middle-income
    countries such as China, Russia, and Brazil over a 10 year period.\9\
        Our recommendation of at least $16.7 billion for NSF is $6.8
    billion (68% increase) above the FY 2023 enacted level of $9.9 billion,
    which includes one-time emergency supplemental funding.\10\ This will
    allow NSF to further attract highly qualified early-career researchers,
    fund more high-quality research proposals, and increase NSF's average
    award size.\11\ In addition to supporting the Biological Sciences, this
    funding level will support NSF's new TIP Directorate, 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 to address the country's societal, national, and
    geostrategic challenges. TIP will also grow the domestic workforce in
    key technology focus areas which includes biotech, data storage and
    management, high performance computing, and expanding participation of
    researchers at all levels of education to build infrastructure for use-
    inspired and translational research, support mentoring, identify the
    drivers of innovation to enable advances, and develop beneficial
    partnerships with Black and Tribal colleges, minority serving
    institutions, and nonprofits, among other groups.\12\
    ---------------------------------------------------------------------------
        \1\ CNSF+FY24+NSF+Letter+to+OMB+&+OSTP.pdf (squarespace.com).
        \2\ NSF FY 2024 Budget Request to Congress.
        \3\ NSF's 10 Big Ideas, National Science Foundation, Alexandria,
    VA.
        \4\ NSF Collaborations with Federal Agencies and Others, National
    Science Foundation, Alexandria, VA.
        \5\ Education and Human Resources Directorate, National Science
    Foundation, Alexandria, VA.
        \6\ NSF by the Numbers.
        \7\ NSB's NSF FY 2021 Merit Review Digest.
        \8\ https://ncses.nsf.gov/pubs/nsb20221/u-s-and-global-science-and-
    technology-capabilities#invention-and-innovation Figure 25--Shares of
    international patents granted to inventors, by selected country or
    economy: 2010 and 2020.
        \9\ https://ncses.nsf.gov/pubs/nsb20221/u-s-and-global-science-and-
    technology-capabilities#
    invention-and-innovation.
        \10\ CJS FY 23.pdf (senate.gov) NSF in CJS bill and NSF FY 2023
    budget of $9.5 billion.
        \11\ CHIPS and Science Act, 2022, Sec. 10601 Early-Career Research
    Fellowship Program, page 268.
        \\ CHIPS and Science Act, 2022, Sec. 10381 Establishment of TIPS,
    page 212 and Key Technology Focus Areas, page 216.

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

              Prepared Statement of Federation of Associations in
                         Behavioral and Brain Sciences
    Chairwoman Shaheen, Ranking Member Moran, and Members of the
    subcommittee:

        The Federation of Associations in Behavioral and Brain Sciences
    (FABBS) is grateful for the opportunity to submit testimony for the
    record in support of the National Science Foundation (NSF) budget for
    fiscal year 2025 (FY25). FABBS represents twenty-nine scientific
    societies and nearly 60 university departments whose members and
    faculty share a commitment to advancing knowledge of the mind, brain,
    and behavior. FABBS urges the subcommittee on Commerce, Justice and
    Science to fund NSF with at least $11.9 billion in FY25. This request
    is consistent with the broad scientific community as represented by the
    Coalition for National Science Funding (CNSF)--an alliance of over 140
    professional organizations, universities and businesses supporting the
    goal of increasing national investment in NSF--of which FABBS serves as
    a cochair.
        Adequate funding for NSF is critical to ensure the health and
    productivity of our American scientific and innovation ecosystem. While
    aware of the difficult fiscal climate, FABBS argues that NSF-funded
    research pays long-term dividends in technologies and advances 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.
        In 2022, Congress passed the bipartisan and bicameral CHIPS and
    Science Act (Public Law 117-167), reauthorizing NSF for 5 years,
    including $16.7 billion for the agency in FY25. And yet, the FY24 level
    was cut by more than five percent (almost $500 million) from FY23. When
    including FY23 supplemental funding, the cut is even more significant
    further interrupting the Congressional vision for the NSF necessary for
    the U.S. to remain competitive internationally.
           directorate for social, behavioral, and economic sciences
        FABBS scientists have a particular interest in the Directorate for
    Social, Behavioral and Economic (SBE) Sciences. SBE provides an
    estimated 63 percent of the Federal funding for fundamental research in
    SBE sciences at academic institutions across the country. Thus, our
    fields are heavily dependent on the NSF to enable advances from
    expanding our understanding of the mechanisms of memory underlying
    brain activity, to contributing to the design of 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,
    recruit, and counter radicalism.
        SBE houses the National Center for Science and Engineering
    Statistics (NCSES), a Federal 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. Science and
    Engineering Indicators, the most comprehensive source of this high-
    quality Federal data in a global context, depends on NCSES data. The
    National Science Board is currently considering new and improved ways
    to share key data with policymakers, educators, and the public
    including an interactive dashboard and more timely thematic reports.
        In addition to receiving support from SBE, FABBS members appreciate
    critical funding from the Directorate for STEM Education (EDU).
    Research in the Directorate focuses on increasing America's human
    capital through effective education in science, technology,
    engineering, and mathematics. EDU 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. The Directorates for Computer and Information Science and
    Engineering Directorate (CISE), which funds research on topics such as
    human-technology interaction and cyber-assisted learning, and the
    Biological Sciences (BIO), which conducts research on topics such as
    sleep and circadian rhythms and sex differences in responses to stress
    also provide valuable resources for our disciplines.
                    technology, innovation, and partnerships
        When NSF officially launched the Directorate for Technology,
    Innovation, and Partnerships (TIP) in March of 2022, the community
    viewed it as an exciting cross-cutting approach to translate basic
    research to make a difference in American's lives. By building on
    existing multidisciplinary programs, such as the Convergence
    Accelerator, TIP aspires to integrate the expertise of all NSF
    directorates to advance new use-inspired research. However, the
    enthusiasm for TIP was informed by the promise and expectation that the
    NSF budget would see a growth trajectory. Congress has the opportunity
    to help NSF recover from the cuts in FY24 and to deliver on meaningful
    budget increases in FY25.
        FABBS is grateful for language in the FY24 appropriations report:
    ``In developing the spending plan, the agreement encourages NSF to
    equitably distribute funding to support all basic research directorates
    within R&RA, as well as the Technology, Innovation and Partnerships
    Directorate.''
        It is imperative that the rest of NSF see sustainable growth to
    continue the forefront research to meet key national challenges. Even
    before the launch of the TIP and other new programs authorized in CHIPS
    and Science NSF was unable to fund more than $1.7 billion worth of
    research proposals rated ``very good or higher'' each fiscal year. New
    efforts can only be successful when built on a strong foundational
    research enterprise that supports education, programs, and
    infrastructure to sustain our science and technology ecosystem.
    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.
        Increasing Federal investment in fundamental scientific research
    across all sciences is essential to ensuring the future prosperity,
    security, and health of our Nation and its people. We urge you to
    provide NSF with at least $11.9 billion for FY25. 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 FY25 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 Research in
            Adolescence, 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:
        American University; Arizona State University; Binghamton
            University; Boston College; Boston University; Carnegie Mellon
            University; Duke University; Drexel 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; New Mexico State
            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 Cincinnati; 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

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

            Prepared Statement of Foundation for American Innovation
    Chair Shaheen, Ranking Member Moran, and Members of the subcommittee:

        My name is Robert Bellafiore, and I am Research Manager at the
    Foundation for American Innovation, a think tank focused on promoting
    innovation, strengthening governance, and advancing national security.
    I am writing to recommend that the subcommittee direct the National
    Science Foundation (NSF) to improve its reporting about the outcomes of
    its education research and development (R&D) programs.
        The mission of NSF's Directorate for STEM Education is to ``develop
    a well-informed citizenry and a diverse and capable workforce of
    scientists, technicians, engineers, mathematicians and educators.'' \1\
    NSF's Technology Innovation and Partnerships Directorate (TIP)
    ``creates breakthrough technologies; meets societal and economic needs;
    leads to new, high-wage jobs; and empowers all Americans to participate
    in the U.S. research and innovation enterprise.'' \2\ According to the
    FY2025 budget request, NSF has requested $1.3 billion for the STEM
    Education Directorate and $900 million for the TIP Directorate.\3\
        These are significant expenditures on programs that should be
    improving students' learning opportunities and our National
    competitiveness. However, a 2023 review by my colleague of NSF-funded
    STEM education R&D programs found that NSF did not have transparent
    reporting about R&D outcomes or consistently identify best practices or
    ways that educators and others could learn from or implement research
    findings.\4\ Furthermore, another review of Federal education R&D
    activities to improve STEM and computer science found that they have
    little evidence of success, often because such projects have not been
    effectively analyzed to identify and promote best practices.\5\ Many of
    these programs simply have little to show for them-both because the R&D
    activities themselves are often ineffective, and because useful
    insights are often not implemented in the classroom.
        There is widespread recognition within the Federal Government of
    the need to improve the transparency and accountability of STEM
    education initiatives, which are dispersed throughout the Federal
    Government. For example, the Committee on STEM Education (CoSTEM),
    established in 2011, has the mission to ``coordinate Federal programs
    and activities in support of STEM education.'' \6\ Last month, the
    Office of Science and Technology Policy (OSTP)'s progress report on the
    implementation of the Federal Government's STEM education strategic
    plan noted that ``sharing performance outcomes enhances public trust,
    supports coordinated policymaking, and promotes efficient use of
    resources.'' \7\
        To improve the return on investment on NSF's R&D efforts, the
    subcommittee should recommend that Congress commission the Government
    Accountability Office to audit these R&D programs to determine which
    are fulfilling their mission and which are wasting taxpayer funds.
    Congress should then eliminate any programs found to be ineffective. As
    the research cited above shows, some R&D initiatives are ineffective
    simply by virtue of not accomplishing anything valuable; however, other
    initiatives are likely to be ineffective by virtue of their duplication
    of efforts in other parts of the Federal Government. A priority of
    GAO's audit should therefore be the identification of redundant R&D
    efforts across agencies. NSF is one of 19 member agencies listed in
    CoSTEM's recent report; any collaboration with this many members, no
    matter how well coordinated, is likely to have significant
    inefficiencies and repetition.\8\
        The subcommittee should also recommend that NSF address GAO's 14
    open recommendations for NSF, which, while not narrowly tied to
    education R&D, offer important nonpartisan opportunities to improve
    governance, operations, and efficiency at NSF.\9\
        Furthermore, to improve transparency, the subcommittee should
    include in its report accompanying the FY2025 funding bill language
    requiring NSF to publicly report on its website the outcomes of its
    education R&D projects, identify what has worked, and promote best
    practices for parents, teachers, schools, and other education
    stakeholders. This recommendation is in line with CoSTEM's objective to
    ``Make Program Performance and Outcomes Publicly Available.'' \10\
    Education R&D is only of value if it is ultimately carried into the
    classroom and used to inform how children are taught. However, aside
    from a database of past grant awards and current grant funding
    available, there is limited information on NSF's website about the
    outcomes of most of its funded R&D projects. NSF could help inform
    Congress and the public by providing an annual review of past and
    future STEM research projects funded, identifying lessons learned and
    best practices or tools that education stakeholders may use.
    Additionally, the subcommittee should require the STEM Education and
    TIP Directorates to submit to Congress and publish on NSF's website an
    annual report detailing all of its funded R&D projects and identifying
    any lessons or best practices.
        Improving transparency and reducing redundancy in education R&D
    programs are likely to be mutually reinforcing steps to improve these
    programs' return on investment. When it is clearer what programs are
    accomplishing, it will be easier to identify duplicated efforts; and
    with less overlap, it will be easier to track what each R&D program is
    doing individually. As OSTP's recent report notes, ``Sharing
    investments can limit duplication and identify overlap.'' \11\

        * * *

        Although the longstanding challenges facing U.S. K-12 would already
    make it important to improve the Federal Government's STEM education
    R&D efforts, the alarming trends precipitated by the pandemic-including
    declining scores in the National Assessment of Educational Progress and
    record truancy rates-only make this task more vital. Improving the
    transparency of and accountability for Federal education R&D will be
    essential for helping the Nation's students. Thank you for the
    opportunity to testify.
    ---------------------------------------------------------------------------
        \1\ ``Directorate for STEM Education (EDU),'' NSF, accessed April
    16, 2024, https://new.nsf.gov/edu.
        \2\ ``Directorate for Technology, Innovation and Partnerships
    (TIP),'' NSF, accessed April 16, 2024, https://nsfpolicyoutreach.com/
    resources/fall-2022-gc-directorate-for-technology-innovation-and-
    partnerships-tip.
        \3\ National Science Foundation, FY2025 Budget Request to Congress
    (2024), Summary Tables, https://nsf-gov-resources.nsf.gov/files/
    03_fy2025.pdf?VersionId=xz.6KFnzQXDWCa5zyQmZNwpxUw.f9i9m.
        \4\ Dan Lips, ``The Case for Reforming and Strengthening Federal K-
    12 Education R&D,'' Lincoln Network (March 23, 2022), https://
    cdn.sanity.io/files/d8lrla4f/staging/
    fa0b87517c7c459842bf37afb3b33c225368c577.pdf.
        \5\ ``STEM and Computer Science Education Reforming Federal K-12
    Education R&D Activities to Strengthen American Competitiveness,''
    Lincoln Network and Federation of American Scientists (April 4, 2023),
    https://cdn.sanity.io/files/d8lrla4f/production/
    264f2a62b29276528f24ec3787a0c16eed71fbdc.pdf.
        \6\ ``NSTC Committee on Science, Technology, Engineering, and Math
    Education,'' Office of Science and Technology Policy, accessed May 1,
    2024, https://obamawhitehouse.archives.gov/administration/eop/ostp/
    nstc/committees/costem.
        \7\ OSTP, 2023 Progress Report on the Implementation of the Federal
    Science, Technology, Engineering, and Mathematics (STEM) Education
    Strategic Plan (2024), p. 17, https://www.whitehouse.gov/wp-content/
    uploads/2024/04/2023-CoSTEM-Progress-Report.pdf.
        \8\ Ibid., iii.
        \9\ ``Recommendations Database,'' GAO, accessed April 16, 2024,
    https://www.gao.gov/reports-testimonies/recommendations-
    database?processed=1&topic=all&agency=National%20Science%20
    Foundation&agency_id=78981&subs=1.
        \10\ OSTP, ``2023 Progress Report,'' p. 17.
        \11\ OSTP, ``2023 Progress Report,'' p. 18.
    ---------------------------------------------------------------------------
                                     ______

            Prepared Statement of Foundation for American Innovation
    Chair Shaheen, Ranking Member Moran, and Members of the subcommittee:

        Thank you for the opportunity to testify. My name is Samuel
    Hammond, and I am Senior Economist at the Foundation for American
    Innovation, a nonprofit organization focused on promoting innovation,
    improving governance, and strengthening national security. I am writing
    to respectfully request that the subcommittee provide full funding to
    the Department of Commerce's Bureau of Industry and Security (BIS),
    which requested $223.4 million for FY2025 (an increase of $43.11
    million), to fulfill its mission of ``ensuring an effective export
    control and treaty compliance system and promoting continued U.S.
    strategic technology leadership.'' \1\
        The authorities vested in the BIS are mission-critical to the
    United States' technological competition with the People's Republic of
    China.\2\ Most notably, export controls were introduced on advanced AI
    chips and semiconductor equipment in 2022, denying Beijing access to
    technologies necessary to power innovations in artificial intelligence
    and supercomputing.\3\ While the controls have already taken a toll,
    there are serious gaps in BIS's capacity to enforce semiconductor
    export controls at scale. Between chip smuggling and other evasion
    tactics, the BIS is in urgent need of additional resources to keep up
    with China's game of cat and mouse.\4\
        According to a report from the House Foreign Affairs Committee, as
    of last year, the BIS had only one in-house Mandarin speaker (recently
    upgraded to two \5\), and at one point ``only employed one member of
    staff who could maintain and operate the Federal Register system.'' \6\
    Given this severe lack of capacity, it is no wonder that a recent
    analysis of procurement records showed China's military and state-run
    research institutes have acquired significant numbers of AI chips
    crucial for developing modern AI systems in spite of the controls.\7\
        The BIS's export controls on AI chips are benchmarked to the
    performance density of state-of-the-art AI chips circa 2022-2023. As
    chip performance continues to improve, the number of chips produced
    above the current performance threshold will balloon. This means that
    the controls will bind increasingly over time, but also become
    substantially more challenging for the BIS to monitor and enforce.
    Indeed, production of Nvidia's H100 chip alone is forecasted to triple
    this year.\8\ As the volume of chips under control continues to grow,
    any existing leaks in BIS enforcement could soon turn into a roaring
    torrent of illegal exports.
        Funding constraints hurt all the more given the unusual range of
    skills BIS analysts need to do their job effectively. Crafting sensible
    controls on AI chips demands staff with deep technical knowledge of the
    semiconductor supply chain, while enforcing the controls requires
    analysts with expertise in China's economy and evasion tactics. Yet
    what the BIS needs more than anything is better technology. As it
    stands, BIS agents enforce export controls with what amounts to Google
    searches and giant spreadsheets. By fulfilling this appropriations
    request, BIS will have the resources it needs to modernize its data
    management systems, paving the way for its enforcement capacity to be
    supercharged with the aid of machine learning and proprietary data
    sources to process license requests and spot supply chain anomalies
    automatically.
        Given the importance of BIS's mission in the United States's
    national security and economic strategies, fully funding the BIS
    request is prudent, particularly given Congress and the Biden
    administration's recent focus on improving American competitiveness.
    The CHIPS and Science Act of 2022 provided the Commerce Department with
    more than $50 billion for the CHIPS for America Fund to promote the
    American semiconductor sector.\9\ Fully funding the administration's
    budget request for BIS, which reflects less than one percent of the new
    fund's expenditures, is reasonable given the Bureau's mandate to
    protect American technological leadership. The subcommittee should also
    include report language requiring Commerce and BIS to report to
    Congress about its current capacity to enforce export control laws and
    to monitor and deter violations, including policy options for closing
    any identified gaps.
        The subcommittee could reallocate funding from other activities
    within the Commerce Department that are less critical to national
    security to offset the proposed funding increase for BIS. Moreover, the
    Committee and Congress could conduct additional oversight to require
    the Commerce Department to implement currently open watchdog
    recommendations from the Government Accountability Office and the
    Inspector General, which should result in cost savings that could be
    used to increase funding for BIS.\10\
        In addition, the subcommittee should require the Department of
    Commerce and BIS to report to Congress on its current capability to
    deter export control violations, smuggling, or third-party transactions
    of advanced chips and other technologies and present potential options
    for closing any identified gaps. The administration's national security
    strategy of denying the People's Republic of China technology critical
    to advancing artificial intelligence and supercomputing will not be
    achieved if U.S. export laws are evaded or third parties smuggle or
    sell certain chips to China. Research and historical experience show
    that the outcome of policies to increase or deny market access to
    foreign firms is highly sensitive to the implementation procedures
    used. This will be especially true of semiconductors, as China has
    already begun efforts to skirt export controls through sophisticated
    third-party and subsidiary arrangements.\11\ A Commerce Department
    assessment should provide recommendations for improving its ability to
    enforce export control laws under conditions of adversarial evasion
    tactics. This should include evaluating the extent of China's access to
    controlled chips via cloud services (the ``remote-access''
    loophole),\12\ and an assessment of the potential for on-chip
    mechanisms to bolster end-user controls.\13\
        Export licenses were a key tool for containing Soviet access to
    U.S. military technology during the Cold War, but ebbed in relevance
    following the end of the Cold War. The pendulum has now begun to swing
    back in light of China's state-backed effort to dominate critical
    emerging technology categories, as demonstrated by the BIS's annual
    requests for export licenses doubling to 40,000 over the last 10
    years.\14\ Unfortunately, funding for the agency has failed to keep
    pace with this new reality, to the detriment of U.S. export industries
    and national security alike.
        In conclusion, the Bureau of Industry and Security has a critical
    mission for U.S. national and economic security. Fully funding BIS to
    fulfill its mission should be a priority within the Commerce
    Department's budget. Moreover, additional reporting by Commerce and GAO
    about BIS's current capacity to fulfill its mission and recommendations
    for potential policy changes to deter export control violations would
    help Congress and the administration determine if additional resources
    and authorities are needed.

    Yours sincerely,

    Samuel Hammond, Senior Economist
    ---------------------------------------------------------------------------
        \1\ Bureau of Industry and Security, U.S. Department of Commerce,
    Fiscal Year 2025 President's Budget Request (2024), https://
    www.commerce.gov/sites/default/files/2024-03/BIS-FY2025-Congressional-
    Budget-Submission.pdf.
        \2\ Samuel Hammond, The Scramble for AI Computing Power, American
    Affairs Journal. (Summer, 2024) https://americanaffairsjournal.org/
    2024/05/the-scramble-for-ai-computing-power/.
        \3\ Bureau of Industry and Security, U.S. Department of Commerce,
    ``Implementation of Additional Export Controls: Certain Advanced
    Computing and Semiconductor Manufacturing Items; Supercomputer and
    Semiconductor End Use; Entity List Modification,'' October 13, 2022,
    https://public-inspection.federalregister.gov/2022-21658.pdf.
        \4\ Sujai Shivakumar, Charles Wessner, and Thomas Howell, Balancing
    the Ledger: Export Controls on U.S. Chip Technology to China, Center
    for Strategic & International Studies. (February, 2024) https://
    www.csis.org/analysis/balancing-ledger-export-controls-us-chip-
    technology-china.
        \5\ Based on conversations with a former BIS official familiar with
    the matter.
        \6\ House Foreign Affairs Committee, Bureau of Industry & Security:
    90-Day Review Report (December 7, 2023) https://
    foreignaffairs.house.gov/wp-content/uploads/2023/12/12.4.23%20BIS%
    20REPORT--FINALDRAFT.pdf.
        \7\ Eduardo Baptista, ``China's military and government acquire
    Nvidia chips despite US ban,'' Reuters, January 15, 2024. https://
    www.reuters.com/technology/chinas-military-government-
    acquire-nvidia-chips-despite-us-ban-2024-01-14/.
        \8\ Anton Shilov, ``Nvidia to Reportedly Triple Output of Compute
    GPUs in 2024: Up to 2 Million H100s,'' Tom's Hardware, August 24, 2023.
    https://www.tomshardware.com/news/nvidia-to-reportedly-triple-output-
    of-compute-gpus-in-2024-up-to-2-million-h100s.
        \9\ U.S. Department of Commerce, A Strategy for the CHIPS for
    America Fund (2022), https://www.nist.gov/system/files/documents/2022/
    09/13/CHIPS-for-America-Strategy%20%28Sept%
    206%2C%202022%29.pdf.
        \10\ For example, as of April 7, 2023, the Government
    Accountability Office listed 72 open recommendations for the Department
    of Commerce, including nine priority recommendations. ``Open
    Recommendations,'' Government Accountability Office, accessed April 7,
    2023, https://www.gao.gov/reports-testimonies/recommendations-database.
        \11\ Eleanor Olcott, Qianer Liu, and Demetri Sevastopulo, ``Chinese
    AI Groups Use Cloud Services to Evade U.S. Chip Export Controls,''
    Financial Times, March 8, 2023, https://www.ft.com/content/9706c917-
    6440-4fa9-b588-b18fbc1503b9.
        \12\ Eleanor Olcott, Qianer Liu, and Demetri Sevastopulo, ``Chinese
    AI Groups Use Cloud Services to Evade U.S. Chip Export Controls,''
    Financial Times, March 8, 2023, https://www.ft.com/content/9706c917-
    6440-4fa9-b588-b18fbc1503b9.
        \13\ Onni Aarne, Tim Fist and Caleb Withers, Secure, Governable
    Chips, Center for a New American Security (January, 2024) https://
    www.cnas.org/publications/reports/secure-governable-chips.
        \14\ Samuel Hammond and Erich Grunewald, ``Spreadsheets vs.
    Smugglers: Modernizing the BIS for an Era of Tech Rivalry,'' Foundation
    for American Innovation, April 29, 2024. https://www.thefai.org/posts/
    spreadsheets-vs-smugglers-modernizing-the-bis-for-an-era-of-tech-
    rivalry.
    ---------------------------------------------------------------------------
                                     ______

           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 2024 appropriations bill.
    We appreciate your continued consideration for the following requests
    in the Fiscal Year 2025 Departments of Commerce, Justice, Science, and
    Related Agencies budget:

      --NOAA Shark Fin Sales Elimination Act: report language
      --DOJ Animal Welfare Act enforcement: report language
      --DOJ Environmental and Natural Resources Division: $1.6 million for
            ENRD's AWA enforcement per Fiscal Year 2024 President's Budget
            request
           department of commerce--national oceanic and atmospheric
         administration--shark fin sales elimination act implementation
        The Shark Fin Sales Elimination Act (SFSEA) was signed into law in
    December 2022. It prohibits the commercial trade of shark fins or
    products containing shark fins, thereby removing the United States from
    the international shark fin market. The policy builds on the Shark
    Finning Prohibition Act of 2000 (Public Law 106-557) and the Shark
    Conservation Act of 2010 (Public Law 111-348), which ban shark finning
    and the possession at sea of shark fins not ``naturally attached'' to
    the carcass.
        Shark fins are often obtained through shark finning, a brutal act
    in which sharks' fins are sliced off and the mutilated animals are
    tossed back into the ocean, leaving them to die. As apex predators,
    sharks play a key role in maintaining balance in marine ecosystems,
    contributing to the wellbeing of coral reefs, seagrass beds, commercial
    fisheries, and more. The United States has not only served as an end
    market, but also a transit hub for shark fins obtained in countries
    with weak policies or on the high seas where no nation's laws apply.
        Despite the act becoming law, NOAA has yet to finalize a proposed
    rule regarding implementation of the Shark Fin Sales Elimination Act.
    It is past time that the Department of Commerce honor Congress's will
    and act expeditiously to implement the SFSEA in a timely manner that
    allows for the full implementation of this bipartisan law.
        That is why we urge the inclusion of the following report language:

            The Shark Fin Sales Elimination Act became law on December 23,
            2022, as part of the James M. Inhofe National Defense
            Authorization Act for Fiscal Year 2023 (Public Law 117-263).
            The Committee directs NOAA to expeditiously issue its plans and
            regulations for implementing this important law. NOAA is
            further directed to provide a report to the Committee no later
            than 90 days after enactment of this act describing any
            resource needs required to fully address this issue,
            coordination with other Federal agencies, State and local law
            enforcement and key stakeholders, and plans to raise public
            awareness on how to report violations.
             department of justice--animal welfare act enforcement
        The Animal Welfare Act (AWA) requires research facilities and
    animal exhibitors, breeders, and dealers to meet basic standards of
    animal care. The law is crucial to protecting over one million animals
    from inhumane treatment, yet many facilities get away with egregious
    abuse. Without strong enforcement, facilities such as puppy mills and
    roadside zoos have no meaningful deterrent to violating the law.
        The entire U.S. Department of Agriculture (USDA), which enforces
    the AWA, has only three Administrative Law Judges. This severely limits
    how many enforcement actions go through the system. However, foreseeing
    that USDA would need help, Congress included a provision in the AWA
    that allows the Department of Justice (DOJ) to bring cases in Federal
    court. Over the last few years, DOJ has brought several cases against
    exhibitors and dealers with serious animal care violations under the
    AWA.
        On March 9, 2024, following congressional appropriations requests
    in both FY 2023 and FY 2024, the USDA and DOJ announced a Memorandum of
    Understanding (MOU) to help better prepare for and coordinate potential
    civil enforcement actions relating to AWA violations provided through
    Animal and Plant Health Service (APHIS) reports. This MOU will ensure
    USDA provides DOJ with information about the most severe animal welfare
    violators promptly. We therefore urge the inclusion of the report
    language below, which encourages DOJ to continue strengthening its
    enforcement of the AWA to protect animals.
        In May of 2022, DOJ filed a lawsuit detailing shocking AWA
    violations at a breeding facility owned by a company called Envigo.
    Government inspectors found beagles being killed instead of receiving
    veterinary treatment for easily treatable conditions; nursing mother
    beagles denied food; the food that they did receive contained maggots,
    mold and feces; and over an eight-week period, 25 beagle puppies died
    from cold exposure. Other dogs suffered from injuries when they were
    attacked by other dogs in overcrowded conditions. DOJ sought action
    through an injunction against Envigo and a Federal court enjoined
    Envigo from conducting activity at the Cumberland facility. Envigo
    entered into a settlement agreement leading to the transfer of roughly
    4,000 beagles to animal adoption organizations.
        Additionally, in July 2023, the DOJ brought a case against Zachary
    Keeler, doing business as Even Keel Exotics, alleging AWA violations of
    and the Endangered Species Act (ESA), seeking preliminary and permanent
    injunctive relief. Keeler had various violations, including failing to
    provide access to USDA inspectors and maintain complete and accurate
    records; failing to provide potable water, veterinary care, safe and
    sanitary conditions, and to meet minimum standards for handling
    animals; and placing the health of certain animals in serious danger.
    Keeler also allegedly violated the ESA by unlawfully separating a lemur
    prematurely from its mother and forcing the baby to interact with the
    public, continuing to possess the unlawfully taken ring-tailed lemurs,
    and attempting to sell a taken lemur. In August 2023, consent decrees
    were issued in the case brought by DOJ and in the USDA administrative
    case with Keeler agreeing to surrender the animals in his possession to
    USDA and permanent revocation of his AWA license, respectively. Without
    the consent decree, DOJ may have only been able to seize the endangered
    ring-tailed lemurs covered by the ESA instead of all of animals in
    Keeler's possession.
        Even if the department only brings a handful of animal cases
    annually, it sends an important signal to the regulated community. As
    such, we urge the inclusion of this report language:

            The Committee supports the Department's and the U.S. Department
            of Agriculture's (USDA) Memorandum of Understanding and joint
            commitment to enforcing the Animal Welfare Act (AWA). The
            Department is directed to continue coordinating and
            collaborating with USDA on AWA enforcement cases to ensure the
            Department receives necessary information regarding AWA
            violators, who have multiple citations that seriously or
            adversely affect the health or well-being of an animal, in a
            timely manner.

            The Department shall report to the Committee within 90 days of
            enactment of this act on its AWA enforcement actions.
      department of justice- environmental and natural resources division
        The Department of Justice's Environment and Natural Resources
    Division enforces the Federal Government's civil and criminal
    environmental laws and defends against challenges to government
    environmental action. It has demonstrated serious commitment to animal
    welfare and wildlife protection cases since its establishment,
    particularly in relation to the AWA's animal fighting prohibitions.
        We strongly support the FY 2025 President's Budget request for the
    Environment and Natural Resources Division with a particular interest
    in fully funding the Environmental Crimes Section and Wildlife and
    Marine Resources Section. This funding level will help address the
    growing AWA and Endangered Species Act caseloads.

        [This statement was submitted by Tiffany Mendoza-Farfan, Senior
    Legislative Specialist.]
                                     ______

                   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
    ``Census Household Panel'' program and the bill language and committee
    report language we are seeking. The program is funded through the
    Bureau's Current Surveys and Programs account, under Current
    Demographic Statistics.
        The subcommittee may recognize the Census Household Panel as an
    insourced version of the Ask U.S. Panel, a controversial project on
    which Congressional appropriators required a report in the Fiscal Year
    (FY) 2023 omnibus funding law.\1\ The same language was included in the
    report for the FY24 omnibus funding law, but not updated with the new
    name for the Bureau's project.
        The project's contract, justification and management were also
    criticized by the Commerce Department's Inspector General (IG) on
    February 27, 2023,\2\ in which the Bureau revealed it had failed to
    produce a working online panel and would insource the project, renaming
    it as the Census Household Panel.
        The Bureau requested $1.713 million for the project in FY24.\3\
    Sources have suggested the Census Bureau seeks $1.6 million for the
    panel project in FY25, and the FY25 budget justification said that,
    ``The Budget also includes an initiative to design, build, and maintain
    an online panel to support collection of data for production and
    research purposes.'' \4\
                         about the insights association
        IA defends and promotes the indisputable role of insights in
    driving positive impacts on society and consumers. Our more than 8,000
    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.
                 ia's concerns about the census household panel
        IA's concerns in FY25, like those in prior fiscal years, include:

    1. Federal agencies can (and already do) purchase such services from
            the private sector
        Hundreds of insights companies and organization provide research
    panel services. Further, 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 (a specialized kind of panel which was the original goal of the
    Ask U.S. Panel project). If the Bureau's plan no longer requires the
    panel to be probability-based, the number of for-profit and non-profit
    providers in the open market is likely in the hundreds. Whether
    probability-based or not, insights providers offer these services
    commercially on the open market; absent justification to Congress of
    the uniqueness of their needs, the Census Bureau should acquire panel
    research services with full and open competitions. Private sector
    options would potentially cost a mere fraction of the Bureau's
    insourced program.
    2. The Panel is a potentially unnecessary financial burden on Federal
            taxpayers
        It is hard to assess the veracity of the Census Bureau's fiscal
    plan for the Census Household Panel because so little detail has been
    revealed, even after multiple years. Besides just the cost and
    expertise involved in establishing this presumably duplicative service,
    the Census Bureau appears to not have considered the immense expertise
    in data quality, incentive management and delivery, fraud detection,
    attrition mitigation and management, and privacy and permissions
    management required to successfully maintain a high-quality research
    panel.
        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''.\5\ 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 \6\ and other policies specifically requiring
    competitive sourcing. According to the IG report, the Bureau provided
    no documentation of any such sourcing analysis.
    3. The Census Bureau should prioritize its core Constitutional mission
        The Bureau is responsible for many surveys, but none are more
    important than the decennial headcount and the ongoing American
    Community Survey (ACS), which are responsibilities authorized by the
    U.S. Constitution. As we ramp up to the 2030 Census and the ACS cries
    out for further investment to maintain its accuracy,\7\ the Bureau
    should focus its energy and resources on responsibilities authorized in
    law and in its mission-critical functions.
        In response to these concerns, IA recommends bill language and
    report language in FY25.
        IA recommended FY25 CJS bill language.--``No funds in this bill may
    be spent in support or development of the Census Household Panel, or
    any similar effort to develop a survey, opinion or market research
    service that could be competitively sourced from the private sector.''
        IA recommended FY25 CJS report language.--``Census Household Panel.
    The Committee is concerned about the lack of transparency related to
    the Census Bureau's Census Household Panel program, particularly given
    the lack of congressional authorization, the expanding scope, and the
    Commerce Department IG's February 2023 findings (OIG-23-011-1). The
    Committee is also 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, interagency
    agreements with other Federal entities, and procurement strategy to
    allow the Committee to evaluate the panel's use of Federal resources.''
                                   conclusion
        The bill language would require a thorough competitive sourcing
    analysis before the Bureau develops new services, while the report
    language will provide an opportunity for the subcommittee to ensure the
    Census Bureau and its projects remain transparent and used for their
    intended purposes.
        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, so we
    applaud the Census Bureau's ongoing service as the leading source of
    the highest quality and most representative data for America's people
    and economy. However, that does not mean that the Census Bureau is the
    only provider of information in the U.S.
        We simply ask that the Bureau focus on its core authorized
    functions and do them well.
        IA remains worried that the Census Bureau still intends to use
    taxpayer dollars, possibly from multiple agencies and funding sources,
    to develop a service that already exists in the private market. The
    Bureau's attempt to fund a private entity to learn how to build a
    probability-based online research panel (the Ask U.S. Panel) failed, as
    we predicted it would, since it is a specialized area of expertise.
        Rather than wasting even more scarce Federal resources (millions of
    dollars) by trying to insource the failed panel and attempting to build
    the Census Household Panel program in-house from scratch, the Census
    Bureau should save a ton of time and money by simply purchasing the
    service from one of the many existing insights providers (thousands of
    dollars).
        Thank you for allowing IA to testify on the Census Household Panel
    program, an important under-the-radar issue in the FY25 CJS
    Appropriations legislation.
    ---------------------------------------------------------------------------
        \1\ ``Ask U.S. Panel Survey.-The Census Bureau is directed to
    provide a report to the Committees, no later than 90 days following
    enactment of this act, on the Ask U.S. Panel Survey's methodology, data
    collection processes, implementation, incurred and projected costs,
    procurement strategy, and plans to address any recommendations made by
    the Inspector General.'' (p. 8) https://www.appropriations.senate.gov/
    imo/media/doc/Division%20B%20-%20CJS%20State
    ment%20FY23.pdf.
        \2\ ``The Census Bureau Can Improve Processes to Promote
    Transparency of Cooperative Agreements.'' OIG-23-011-I. https://
    www.oig.doc.gov/OIGPublications/(REDACTED)%20OIG-23-011-
    I%20(REDACTED).pdf.
        \3\ ``Census Household Panel ($1,713, 10 FTE/14 Positions) The
    Census Bureau will enhance staffing to design, build, and maintain an
    online panel to support the timely and efficient collection of high-
    quality data for production and research purposes. This will be a
    probability-based nationally representative survey panel that leverages
    the Master Address File and population data from the American Community
    Survey, Current Population Survey, and other survey and non-survey data
    sources. The Panel will be a resource for supporting research and
    development work by speeding up and increasing the quality of
    methodological research associated with surveys. The benefits of a
    predominantly online longitudinal panel survey compared to a
    traditional survey is that a panel may provide faster turnaround and
    lower cost. The panel will be longitudinal, meaning that the same
    individuals will be surveyed over an extended time frame. A
    longitudinal panel allows for the examination of changes in household
    characteristics and analysis of how events impact households
    differently over time. The panel will consist of a pool of pre-
    recruited individuals, including historically undercounted populations,
    and will meet standards for transparent quality reporting of the
    Federal Statistical Agencies and the Office of Management and Budget.
    The panel will improve existing data collection and sources with a
    focus on gaps in coverage, ensuring that survey content is relevant and
    accessible to all respondents and yields representative outcomes. In
    this context, the Census Bureau considers the panel an essential tool
    for advancing data equity. The Census Bureau also intends for the panel
    to be used to conduct methodological research on privacy and
    confidentiality concerns across time, to test alternative contact
    timing and sequence, improve online questionnaires and procedures,
    reduce respondent burden, and ultimately increase the quality of data
    collected in censuses and surveys of the public.'' (Pages 66-67)
    https://www.commerce.gov/sites/default/files/2023-03/Census-FY2024-
    Congressional-Budget-Submission.pdf.
        \4\ FY25 Department of Commerce Budget Justification. Page 25.
    https://www.govinfo.gov/content/pkg/BUDGET-2025-APP/pdf/BUDGET-2025-
    APP-1-6.pdf.
        \5\ Bureau of the Budget Bulletin 55-4. January 15, 1955. https://
    www.govern
    mentcompetition.org/wp-content/uploads/2018/11/
    Bureauof_the_Budget_Bulletin_55-4_
    January_15_1955.pdf.
        \6\ https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/
    circulars/A76/a076.pdf.
        \7\ ``America's Essential Economic and Social Data at Risk.'' The
    Census Project. May 2023. https://thecensusproject.org/wp-content/
    uploads/2023/05/census-acs-report-2023-v4.pdf.

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

                     Prepared Statement of IOOS Association
    Chairwoman Shaheen, Ranking Member Moran, and Members of the
    subcommittee,

        This testimony supports fiscal year 2025 appropriations to the
    National Oceanic and Atmospheric Administration's (NOAA) National Ocean
    Service to ensure sustained ocean and Great Lakes observation to
    improve the resilience and economic prosperity of the Nation's coastal
    communities. It is submitted on behalf of the IOOS Association, a
    nonprofit organization representing the 11 federally certified Regional
    Associations (RAs) of the Integrated Ocean Observing System (IOOS)
    located around our coasts and Great Lakes, including U.S. territories
    in the Caribbean and Pacific. IOOS is the Nation's premier coastal and
    Great Lakes observing program. The RAs are tasked with filling critical
    gaps in the Federal system as required to provide information that
    helps protect lives, economies, and our environment.
        We are deeply concerned by the Fiscal Year 2025 President's Budget,
    which reduces funding to the IOOS regions by more than 76%. If enacted,
    the proposed $10 million in funding would completely shut down the
    regional observing networks, cutting off critical data that impact
    local, national, and global economies including search and rescue,
    shipping, fishing, coastal resilience, coastal tourism, and more.
        Forty percent of the United States population lives in coastal
    counties, and the population in coastal areas continues to increase.
    These coastal and Great Lakes communities are experiencing dramatic
    changes from coastal flooding, sea level rise, increasing coastal storm
    frequency and intensity, erosion, hypoxia, harmful algal blooms, ocean
    acidification, biodiversity changes, and more. These impacts threaten
    human lives and critical coastal infrastructure, homes and livelihoods,
    water and food supplies, and weaken the ability of marine ecosystems to
    provide essential ecological services and natural infrastructure for
    resilience. Coastal communities and businesses that rely on marine
    resources and maritime safety need information and forecasts about the
    ocean environment to make decisions that protect lives and ensure
    safety, security, and economic prosperity.
        IOOS is the Nation's leading resource for community-driven coastal,
    ocean, and Great Lakes information. This vital program supports a vast
    network of buoys, gliders, high frequency radars, and other sensors
    that monitor U.S. waters. IOOS provides critical, publicly accessible
    data and data products that enable coastal and Great Lakes communities
    to protect their people, economies, and ecosystems. This efficient,
    reliable, and cost-effective system supports emergency preparedness,
    underpins a thriving blue economy, and bridges the gap between
    scientific research, federally certified data, and timely informed
    management.
        Our priority is to provide robust funding for IOOS and its national
    network of 11 IOOS RAs to further understanding of our dynamic and
    resource-rich coastal areas, and to prepare communities for risks
    associated with floods, extreme weather events, harmful algal blooms,
    hypoxia, and other hazards. We respectfully request that the Committee
    provide $56 million for the IOOS Regional Observations line under
    NOAA's National Ocean Service in the fiscal year 2025 appropriations
    legislation.
        Sustained, reliable, and accessible data are the foundation for
    understanding and making decisions about our coastal oceans and Great
    Lakes. The 11 IOOS RAs underpin coastal economies by generating and
    delivering information tailored to the needs of local forecasters,
    shippers, fishermen, emergency and resource managers, public health
    officials, aquaculture farmers, coastal communities, and
    recreationalists, while simultaneously providing data to improve
    Federal models, forecasts, and other tools. The RAs deploy, operate,
    and maintain more than 1,000 observing assets (buoys, water level
    gauges, estuary and coastal stations, web cameras, underwater gliders,
    and high frequency radars) in partnership with local universities and
    marine technology industries, and integrate and serve data from Federal
    and non-federal sources through federally certified regional data
    centers.
        IOOS is a single system that supports many needs, making it a cost-
    effective investment for American taxpayers. In fact, a recent study by
    the Center for the Blue Economy \1\ concluded that the value of the
    IOOS regional observing system, just to initial users (i.e., an
    underestimate of the broader value), lies between $192 million and $233
    million per year, creating an economic value approximately five times
    greater than the current annual investment in the system. Further, IOOS
    data and information products and services support decision-making and
    innovation for the more than $360 billion (GDP) ocean-based economy.
        The IOOS program was reauthorized unanimously by Congress in 2020
    in a bill that was signed into law by former-President Trump. This
    appropriations request is at the program's authorized funding level as
    outlined in that law. The $56 million request for the Regional IOOS
    program includes $50 million for core support for the sustained
    operation and maintenance of the system at the regional level. Like any
    business, the IOOS RAs are feeling the impact of inflation on their
    ability to provide the services that their users and stakeholders have
    come to expect. We are thankful for the maintained funding enacted in
    fiscal year 2024 ($42.5 million), but it does not keep up with
    inflation and the costs associated with the many services provided and
    enabled through the IOOS RAs. Increased support for IOOS to authorized
    levels will continue and enhance service delivery to users across the
    regional network and the 17 Federal agencies whose missions IOOS
    supports. This funding will provide the sustained operational backbone
    for the regional systems to support safe and efficient maritime
    transportation and commerce, U.S. Coast Guard search and rescue
    operations, offshore energy development and operations, resource
    management and protection, environmental prediction (e.g., marine heat
    waves), improved understanding and notification of hazards (e.g.,
    hurricanes, flooding), and more.
        Additionally, $6 million of the total IOOS regional request will
    support competitive grants for innovations and partnerships, including
    sensor development, autonomous sampling, and coastal modeling, as well
    as other priority initiatives, such as building capacity for detection
    and forecasting of harmful algal blooms, through projects that Congress
    has supported since fiscal year 2020, toward an operational National
    Harmful Algal Bloom Observing Network.
        If the Fiscal Year 2025 President's Budget request is enacted,
    taxpayer dollars, through appropriations to build and sustain this
    critical and cost effective network, as well as through investments
    made to IOOS through the Bipartisan Infrastructure Law (BIL) and the
    Inflation Reduction Act (IRA), would be wasted as the core functions of
    IOOS, essential for the proper management of both initiatives, would
    essentially go away overnight. The IOOS RAs have proposed activities to
    recapitalize their systems (funding from the BIL) and increase the
    reach and utility of IOOS data for more user groups and to meet the
    growing needs of frontline coastal communities (funding from the IRA).
    The benefits these enhancements will bring are only possible because of
    the existing infrastructure. Further, these activities are based on the
    specific requirements from NOAA and the intent of the laws; these funds
    do not support the basic ongoing maintenance of the observing systems
    supported by the program.
        We are grateful for the Committee's support of IOOS in the fiscal
    year 2025 appropriations bill, and again emphasize the importance of
    maintaining funding to a network that provides crucial information
    about our coasts and waterways to millions of Americans. Continued
    investment in the Nation's sustained observations is key to protecting
    our coastal communities and unlocking the economic potential of our
    oceans, coasts, and Great Lakes. The annual appropriations to the
    Regional IOOS program are the funds that sustain the infrastructure,
    data collection, and data product delivery on which our uses have come
    to depend. A well-funded IOOS furthers understanding of our dynamic and
    resource-rich coastal areas and prepares communities for risks
    associated with environmental impacts, such as damage from floods,
    extreme weather events, harmful algal blooms and hypoxia, and oil
    spills and other hazards.
        Twenty years ago in its landmark report, the U.S. Commission on
    Ocean Policy, chaired by Admiral James D. Watkins, USN (ret), called
    for the establishment of a US Integrated Ocean Observing System. The
    report stated, ``the United States simply cannot provide the economic,
    environmental, and security benefits . . . , achieve new levels of
    understanding and predictive capability, or generate the information
    needed by a wide range of users, without implementing the IOOS.'' Many
    Regional Associations saw their beginnings in those early years. In
    2009, Congress showed strong bipartisan support, establishing IOOS in
    law, paving the way for the realization of the IOOS vision. This body
    has supported the strengthening of U.S. IOOS through successive
    Congresses, including reauthorizing IOOS in 2020, to serve the
    economic, health, and security needs of our Nation. Therefore, we
    respectfully request that the Committee provide $56 million to the
    Regional IOOS program under NOAA's National Ocean Service.
        Thank you for the opportunity to provide this statement.
    ---------------------------------------------------------------------------
        \1\ Colgan, Charles S. and Castelletto, Anthony 2021. The Economic
    Value of Ocean Observing Systems in the United States: A Prototype User
    Valuation. Monterey, CA: Center for the Blue Economy, Middlebury
    Institute of International Studies at Monterey.

        [This statement was submitted by Dr. Gerhard F. Kuska, Chair.]
                                     ______

                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 2025 Department of Justice and Department of Commerce
    Budgets.
    Tribal Priorities for the Department of Justice
      1.  Fully Fund the Tribal Law and Order Act
      2.  Fully Fund Violence Against Women Act (VAWA)
      3.  Increase Funding for the Tribal Set-Aside for Victims of Crime
            Act Funding
    Tribal Specific Requests--The Department of Commerce
      1.  $70.0 million for the Pacific Coastal Salmon Recovery Fund (NOAA/
            NMFS)
      2.  $43.5 million for the Pacific Salmon Treaty Salmon Agreement
            (NOAA/NMFS)
      3.  $33.5 million for the Mitchell Act Hatchery Program (NOAA/NMFS)
         justification--tribal priorities for the department of justice
    Fully Fund the Tribal Law and Order Act (TLOA)
        The Tribal Law and Order Act was a crucial 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.
    Funding is needed to implement the comprehensive and improved measures
    that were enacted to address the public safety crisis in Tribal
    communities. The entire Tribal justice system is dependent on this
    funding to conduct law enforcement, court, and detention functions, and
    to provide rehabilitation and preventive services. Increased and
    targeted funding in these areas will have a positive impact on the
    health and well-being of our Tribal citizens, Tribal communities and
    surrounding non-Native communities.
    Fully Fund Violence Against Women Act (VAWA)
        The statistics on violence against Native women show that outside
    law enforcement has proven ineffective in addressing these crimes of
    violence. Between 2005 and 2007, U.S. Attorneys declined to prosecute
    nearly 52 percent of violent crimes that occurred in Indian country;
    and 67 percent of cases declined were sexual abuse related cases. It is
    unconscionable to force Tribes to submit to a system of justice that
    declines to prosecute over half the criminal cases brought before it
    and leaves our Native women without judicial recourse.
        Equally disturbing is the fact that the Justice Department has
    found that when non-Native cases of domestic violence go uninvestigated
    and unpunished, offenders' violence escalates. As a result, on some
    reservations, Native women are murdered at a rate that is 10 times the
    National average. In 2016, $2.5 million was appropriated for Tribes to
    implement the new VAWA provisions. While Federal funding for VAWA 2013
    has enhanced collaborative responses to domestic violence related
    crimes and the provision of services to victims, additional resources
    to exercise this new jurisdictional authority are critical.
    Increase the Tribal Set-Aside for Victims of Crime Act Funding
        Crime victimization rates on Tribal lands have been estimated as
    much as 250% higher than the National rate and the rate of murder of
    American Indian/Alaska Native women on some reservations are 1000%
    higher than the National average. Tribal governments, like State
    governments, are responsible for addressing the needs of victims in
    their communities. Congress created a Tribal set aside under the Crime
    Victims Fund which has proven effective in increasing resources for
    Tribal communities to address crime in Indian country. Given the rate
    of crime in Indian country we urge Congress to increase the Tribal set
    aside for the Victims of Crime Act.
     justification--tribal priority requests for the department of commerce
    Provide $70.0 million for the Pacific Coastal Salmon Recovery Fund
            (NOAA/NMFS)
        Request $70.0 million for PCSRF, which is an increase of $5.0
    million over the FY24 enacted level 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.
    The PCSRF was established to reverse the decline of salmon and
    steelhead in the Pacific Northwest. Jamestown uses the funds to restore
    wild salmon populations and to protect and restore important habitat in
    the Puget Sound coastal plains. These funds also support our policy
    development and help to build the technical capacity of our Natural
    Resources' staff charged with planning, implementation, and monitoring
    recovery activities.
    Provide $43.5 million for the Pacific Salmon Treaty including the
            additional $6 million for the 2008 Chinook Salmon Agreement
            (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.
    Provide $33.5 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 tribal appropriation priorities for the department of justice
      1.  Provide Direct Recurring Base Budgets for Public Safety and
            Justice
      2.  Allow all Public Safety and Justice Funding from Across the
            Federal Government to be Distributed through Self-Governance
            Compacts
      3.  Increase and make mandatory funding for all aspects of public
            safety and justice programs and services from all Agencies with
            public safety and justice responsibilities
      4.  DOJ Transparency Regarding Available Programs and the
            Effectiveness of CTAS
    1. Provide Formula Driven Direct Recurring Base Budgets for Public
            Safety and Justice
        There has been a growing trend across Federal agencies to fund
    Tribal programs and services with grant dollars rather than providing
    formula driven direct recurring base budgets for public safety and
    justice. Grant funding is incongruent with the government-to-government
    relationship, Self-Governance, and the trust and treaty obligations.
    Tribal governments experience challenges accessing Federal grants for
    numerous reasons. Grant funding requires extensive administrative and
    reporting requirements, makes Tribes compete with each other and other
    entities for limited dollars, and prevents under-resourced Tribes from
    being able to access these opportunities. Although agencies have taken
    steps to reduce some of the administrative burdens, there is no way
    even the best resourced Tribes can take advantage of every opportunity
    because the sheer number of grants across the Federal system is a
    structural barrier. Public Safety and Justice across Indian Country is
    at a crisis level due to inadequate funding and diminished Tribal
    jurisdictional authority. The Federal Government should not be creating
    additional barriers for Tribes to access these funds that they so
    desperately need.
    2. Allow all Public Safety and Justice Funding from Across the Federal
            Government to be Distributed through Self-Governance Compacts
        When Congress passed the Indian Self-Determination and Education
    Assistance Act (ISDEAA) in 1975, it ushered in a new era of Self-
    Determination for Tribal governments that has improved the lives of
    American Indians and Alaska Natives. The recent pandemic has
    demonstrated the need for more coordinated funding, better
    communication and coordination between all Federal departments and
    agencies, and more equitable funding for all Tribes. Under Self-
    Governance, public safety and justice programs and services would be
    better designed and operated with better results, safer communities,
    and better social outcomes for Tribal citizens, their families, and
    communities. Tribal public safety and justice programs would benefit
    from reduced administrative costs and the elimination of onerous and
    duplicative reporting requirements. Tribally-driven programs that allow
    for greater flexibility in the use of funds to support local needs are
    an essential aspect of being able to keep our Tribal citizens and
    communities safe.
    3. Increase and make mandatory funding for all aspects of public safety
            and justice programs and services from all Agencies with public
            safety and justice responsibilities.
        The Federal obligation to provide mandatory funding to Tribes in
    perpetuity for public safety and justice is solidified in numerous
    treaties, statutes, and court decisions yet the Federal Government
    continues to appropriate funding for Tribes through discretionary
    appropriations. There needs to be a shift in the paradigm surrounding
    the way Tribes are currently funded.
        Tribes are Sovereign Nations with a special political status and
    relationship with the U.S. government. The provision of mandatory
    funding for Tribal public safety and justice strengthens the Nation-to-
    Nation relationship, respects Tribal sovereignty and upholds the
    Federal trust and treaty obligations. Funding for public safety and
    justice must be substantially increased and made mandatory.
    4. DOJ Transparency Regarding Available Programs and Effectiveness of
            CTAS
        In FY2010, DOJ launched the Coordinated Tribal Assistance
    Solicitation (CTAS). The CTAS program was intended to streamline the
    application process encompassing available Tribal government grant
    programs. While CTAS grants can be used for a variety of justice
    programs and services in nine different areas, the application process
    is highly competitive, tedious, and complex and there are many
    restrictions imposed on how the funds may be utilized. It has taken
    numerous Tribal staff members several weeks to fill out and apply for
    the CTAS program with no guarantee that funding will be awarded. The
    CTAS is currently structured with the Federal Government determining
    categorical priorities for Tribes instead of a Tribally-driven process
    whereby Tribes determine their public safety and justice priorities and
    needs. There is also a lack of transparency, coordination, and
    communication with respect to the programs and services that are
    available for Tribes to access through CTAS, or other programs Tribes
    are eligible to apply for at DOJ. In compliance with E.O. 14112, the
    DOJ needs to provide an accurate accounting of all of the programs,
    services and funding that is available for Tribes; how the funds are
    being distributed; the percentage of the dollars that have been
    received by the Tribes; steps DOJ has taken to coordinate with other
    agencies and Tribal governments to implement Tribal priorities and
    practices that bolster Tribal justice systems and an analysis on the
    effectiveness and deficiencies of CTAS.
        National Requests and Recommendations.--The Jamestown S'Klallam
    Tribe is a direct beneficiary of the collective Tribal efforts and
    continues to support the requests and recommendations of the Affiliated
    Tribes of Northwest Indians, Northwest Indians Fisheries Commission,
    Pacific Salmon Commission, and the National Congress of American
    Indians.
        I would like to extend my thanks to the subcommittee for an
    opportunity to submit testimony on the FY2025 Appropriations.

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

                Prepared Statement of Kentucky Resources Council
        Thank you for the opportunity to present testimony before your
    subcommittee. This statement is regarding the Bureau of Prison's (BOP)
    planned construction of Letcher County, KY facilities and its related
    unobligated $504 million funds in the BOP's Building and Facilities
    account, which I respectfully request the subcommittee rescinds. Please
    find below my statement in my capacity as Executive Director of
    Kentucky Resources Council, Inc. (KRC). KRC is a Statewide public-
    interest environmental law and advocacy organization. We work to
    protect Kentucky's natural resources, promote policies for healthy
    communities, and assure that those who pollute our land, air, or water
    are held to account. Our members and constituents live and work in
    areas potentially impacted by this project and its impacts.
        FCI Letcher would pose a serious disturbance and destruction to
    numerous habitats and nearby wetlands, threaten to overwhelm wastewater
    treatment, threaten endangered species, would create considerable light
    pollution, and would sit just over a mile from one of the few remaining
    old growth forests in the state. This new prison could subject
    surrounding communities to the prison's wastewater discharges and
    likely expose prisoners to contaminated water. It would destroy habitat
    for wildlife, including habitat for federally endangered bat species
    and dozens of state protected species--impacts which were not
    adequately considered.
        FCI Letcher will be built on a mountaintop removal site, and a mile
    down-stream from a multi-million gallon coal slurry impoundment. The
    construction of FCI Letcher may release harmful chemicals and heavy
    metals under the surface of the MTR site into the surrounding
    environment, with the potential to negatively impact residents,
    correctional staff, and prisoners alike. These impacts were also not
    adequately studied or considered. Eastern Kentucky, including Letcher,
    was devastated by floods in 2022, which killed 44 people and damaged
    9,000 homes. The county still is at high risk for floods. Letcher
    Countians need housing, infrastructure, employment, and climate
    strategies, not a prison.
        The proposed site for FCI Letcher has many wetlands with forested
    canopies. These wetlands do exist and regardless of their 'quality,'
    they still provide habitat to all animals that would normally use a
    wetland area for drinking, spawning, feeding, habitat, and foraging.
    The wetland (WET006), that appear as a mud hole in a service road was
    reported in the wetland delineation form as full of frogs. Because this
    area has been mined previously, it is being assumed that the quality of
    wetlands is low. This is a short-sighted opinion and does not address
    the fact that valuable wetlands have prevailed in this area despite the
    impacts of mining.
        A property that has been impacted by mining and contains wetlands
    is considered an ecological uplift of the property's aquatic resources.
    All wetlands on this property, regardless of Jurisdiction
    determination, provide economic and ecological services that are
    valuable to this property and the people of Letcher County.
        The most economically valuable services that wetlands provide have
    been studied thoroughly and reported by government agencies. Wetlands
    soak up rain runoff, hold water, and slowly release it, reducing the
    frequency and intensity of flooding. Maintaining only 15% of the land
    area of a watershed in wetlands can reduce flood peaks by as much as
    60%, saving enormous costs on flood damage (EPA publication 843-F-06-
    004). After peak flood flows have passed, wetlands slowly release the
    stored waters, reducing property damage downstream. One reason floods
    have become more costly is that over half of the wetlands in the United
    States have been drained or filled. Most of these wetlands have been
    drained and filled with the Army Corp of Engineers approval and did not
    require mitigation measures, despite the known cost of property damage
    that will occur in the future.
        Furthermore, studies have shown that wetlands can remove a quantity
    of pollutants equal to that of a water treatment plant (EPA publication
    832-R-93-005). It has been proven over and over that wetlands improve
    water quality to the point that they are now being constructed for the
    purposes of improving water quality and for wastewater management.
    These studies do not exclude wetlands that will be excluded by the Army
    Corp of Engineers for the purposes of mitigation. It needs to be noted
    that ALL wetlands that are on this property will continue to exist and
    continue to provide this valuable economic service for the foreseeable
    future if they are left alone. They will require little to no upkeep
    and will serve the county by providing improved water quality and
    reduced flooding.
        With consideration of this information, I urge you to consider
    rescinding the funding allocated to construct FCI Letcher. This prison
    is not needed and will adversely impact the region's ecology.

        [This statement was submitted by Ashley Wilmes, Esq., Executive
    Director.]
                                     ______

     Prepared Statement of Learning and Education Academic Research Network
        On behalf of the LEARN Coalition, we urge support for increased
    funding for several key Science Technology Engineering and Mathematics
    (STEM) related research programs that your subcommittee will debate as
    part of the Fiscal Year (FY) 2025 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
    recommending $11.9 billion be allocated to NSF overall and $1.53
    billion for the Directorate for STEM Education (EDU).
        First, while grateful for the funding NSF was appropriated in
    FY2024, we were concerned that the FY2024 appropriated level
    representing a cut of more than 5 percent from what NSF was provided in
    FY2023. We respectfully assert that more funding is required to address
    the effects of historical underinvestment in fundamental research in
    the United States. According to the results of the 2023 National
    Assessment of Education Progress (NAEP), there was a nine-point
    decrease in math scores for age 13 students. This decline, the first
    score drop in mathematics to date, highlights the need for more
    research opportunities to close gaps and make up for lost instructional
    time. Without the funding necessary to support high-quality research
    opportunities, many of these disparities will be unaddressed as
    students fall further behind.
        In addition to our call for a $11.9 billion funding level for NSF,
    LEARN supports funding for NSF's EDU directorate at $1.53 billion in
    FY2025. EDU works to prepare the next generation of STEM professionals
    by conducting rigorous research and evaluation of STEM education. If we
    are to compete globally, the U.S. must recommit itself to improved STEM
    education such that we can attract and retain the next generation of
    STEM professionals. Critical investments are needed to ensure we have
    effective programs to prepare and support STEM teachers and faculty.
    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 by reducing
    resources 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, 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.
        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.

    Members of the LEARN Coalition: Auburn University, College of
    Education; Boston University, Wheelock College of Education and Human
    Development; Boston College, Lynch School of Education; Florida State
    University, College of Education, Health, and Human Sciences; Georgia
    State University, College of Education & Human Development; Indiana
    University, School of Education; Iowa State University, College of
    Human Sciences; Johns Hopkins University, School of Education; Lehigh
    University, College of Education; North Carolina State, University
    College of Education; University of Oklahoma, Jeannine Rainbolt College
    of Education; Penn State University, College of Education; Purdue
    University, College of Education; Syracuse University, School of
    Education; Texas A&M University, College of Education and Human
    Development; The Ohio State University, College of Education and Human
    Ecology; University of Arizona, School of Education; University of
    California--Santa Barbara, Gevirtz Graduate School of Education;
    University of Central Florida, College of Community Innovation and
    Education; University of Connecticut, Neag School of Education;
    University of Florida, College of Education; University of Georgia
    School of Education; University of Houston College of Education;
    University of Illinois, Urbana-Champaign, College of Education;
    University of Kansas, School of Education; University of Maryland
    College Park, College of Education; University of Minnesota, College of
    Education and Human Development; University of Missouri, College of
    Education; University of Nevada-Reno, College of Education; University
    of North Carolina, School of Education; University of Oklahoma, College
    of Education; University of Oregon, College of Education; University of
    Pittsburgh, School of Education; University of Southern California,
    Rossier School of Education; University of Texas at Austin, College of
    Education; University of Vermont, College of Education and Social
    Services; University of Wisconsin, Madison School of Education;
    University of Wyoming, College of Education; Vanderbilt University,
    Peabody College of Education and Human Development; Virginia
    Commonwealth University, School of Education
                                     ______

                          Prepared Statement of MENTOR
        On behalf of MENTOR, our network of Affiliates, and youth mentoring
    programs across the country, I thank Chair Shaheen and Ranking Member
    Moran for the opportunity to provide testimony in support of a critical
    Federal investment in America's young people. I write this on behalf of
    MENTOR's Affiliate Network, thousands of mentoring programs, and
    millions of volunteer mentors that serve our communities each day. I'm
    also writing on behalf of the millions of young people across the
    United States still waiting to find the supportive relationships they
    need to thrive--including an average of 63 youth per mentoring program
    on wait lists. My testimony will focus on the Part G Youth Mentoring
    Program managed by the Office of Juvenile Justice and Delinquency
    Prevention (OJJDP) within the Office of Justice Programs (OJP) at the
    Department of Justice (DOJ). MENTOR and our youth-serving coalition of
    partners are calling on your committee to continue the strong
    bipartisan support of the Youth Mentoring Program with an investment of
    at least $130 million in Fiscal Year 2025. This investment will make it
    possible for more mentoring organizations to use evidence-based
    practices to better meet the mentoring needs of the most vulnerable and
    disadvantaged youth in communities across the Nation.
        MENTOR is the unifying national champion for expanding quality
    youth mentoring relationships. At a time when 1 in 3 young people are
    growing up without a mentor--a data point that has grown in recent
    years among our country's youngest generation--MENTOR seeks to close
    this ``mentoring gap'' and ensure that all young people have the
    support they need to succeed, everywhere they are. We seek to leverage
    resources and provide the tools and expertise that local programs--
    whether in schools, nonprofits, faith-based institutions, or the
    private sector--require to provide high-quality mentoring for young
    people who need it most, build greater awareness of the value of
    mentors, and positively inform public policy to bring opportunity to
    young people in need.
        Quality mentoring through structured programs and relationships
    that form naturally with teachers, coaches, faith leaders, and other
    caring adults can have a profoundly positive impact on educational
    success, healthy development, and overall wellbeing. It is an
    innovative, evidence-based practice that is one of the few prevention
    and intervention tactics with the potential to support young people of
    all demographics and backgrounds in all aspects of their lives. We
    believe that this critical time in our Nation's history requires an
    approach that considers the inextricable linkage between a young
    person's academic achievement, mental, social, and physical health. For
    us to meet this moment, Federal investment into evidence-based programs
    that support positive youth development is required.
                    the benefits of quality youth mentoring
        Youth mentoring is a simple, yet powerful concept: a caring adult
    or near-peer mentor provides guidance, support, and encouragement to
    help a young person achieve success in life. Research confirms that
    quality evidence-based mentoring relationships have positive effects on
    young people in a variety of personal, academic, and professional
    situations:

      --Social-Emotional Development and Mental Health.--Mentoring provides
            young people with a sense of belonging and promotes positive
            social attitudes and relationships. In fact, research has shown
            that the strongest benefit from mentoring is a reduction in
            depressive symptoms. It can also help reduce mental health
            stigma and increase treatment entry and adherence. Ultimately,
            mentoring provides pro-social activities, increased positive
            relationships, life skills training, and access to networks--
            helping lead young people to productive futures.
      --Educational Achievement.--Many students find meaningful
            relationships during the school day. In fact, analyses of one
            prominent national data set from Applied Developmental Science
            suggest that teachers and other school personnel, such as
            counselors, coaches, or front office and cafeteria staff, are
            among the most cited sources of naturally occurring mentors.
            Further, students who are chronically absent are more likely to
            drop out of school, exhibit behavioral issues, and lack a sense
            of belonging. Mentoring can increase school engagement, improve
            scholastic efficacy, and prevent misconduct.
      --Reducing Unsafe or Risky Behaviors.--As protective factors for
            young people, mentors serve as positive role models to help
            young people make healthy decisions and avoid high-risk
            behaviors. For example, young people who meet regularly with
            their mentors are less likely than their peers to use illegal
            drugs and alcohol. Mentoring can also be integrated into multi-
            component violence prevention and intervention efforts, as it
            can reduce aggressive behaviors--such as fighting and
            bullying--and provide comprehensive support to youth at risk
            for committing violence or victimization. Recent research
            funded by OJJDP even found that mentoring programs potentially
            provide a benefit of three times the public expenditure for
            every day in jail that program participants avoid. Mentors help
            provide guidance to productive activities that support growth
            and development in a young person, such as sports and
            extracurricular activities.
      --Workforce Development.--Mentoring helps develop the talent pipeline
            for our economy. Mentors prepare young people for the workforce
            through career exposure, skill-building, social-emotional
            support, and goal setting. Mentoring can also lead to higher
            retention rates, wage increases, and professional development.
            Through their mentors, young people are introduced to resources
            and organizations they may not be familiar with, introducing
            them to new networks as well as methods to find jobs and
            internships. Mentors in workplace settings are particularly
            impactful for marginalized young people, such as youth with
            disabilities, youth of color, and youth identifying as female,
            who are often underrepresented in certain industries, such as
            science, technology, engineering, and math (STEM).
      --Special Populations.--Mentoring also offers a practical approach to
            supporting military-connected youth and youth in rural
            communities. Mentoring for these populations has been shown to
            improve academic performance and symptoms of depression,
            improving social support and parental ratings of stress in the
            home, and improvements in their health.
                     the national mentoring resource center
        Mentoring programs can effectively and safely provide these
    benefits when they are fully trained on the most up-to-date evidence-
    based mentoring practice and training. In 2015, through funds from the
    Part G Youth Mentoring Program, the National Mentoring Resource Center
    (NMRC) was created to improve the quality and effectiveness of
    mentoring. MENTOR, its Affiliates, and other technical assistance
    providers supply tools, program and training materials, and no-cost,
    evidence-based technical assistance to mentoring programs, school
    districts, workplaces, and faith-based institutions across the Nation
    through the NMRC. This important resource has bolstered the ability of
    mentoring programs to serve young people from vulnerable populations,
    including young people at-risk of entering the juvenile justice system,
    youth in foster care, and victims of commercial sex trafficking.
        The NMRC has proven to be both popular and effective in achieving
    its mission. The NMRC completed 759 requests with over 17,000 hours
    provided in FY23 (an average of over 20 hours of dedicated help per
    program.) After receiving services, over 96% of programs reported being
    satisfied or very satisfied with their provider's effectiveness and
    knowledge, and the average program changed over 3 policies/procedures
    and created 4 new program materials (such as curriculum, databases,
    recruitment fliers, etc.) as a result.
                           closing the mentoring gap
        While mentoring is clearly effective, mentoring organizations
    across the Nation still face barriers in providing high-quality
    services. Thousands of young people remain on waitlists at
    organizations because of limited resources, funding for programs, and
    the lack of capacity to recruit and train quality volunteer mentors.
    Further, inflationary costs, workforce shortages, and reduced
    charitable giving have prevented many nonprofit youth-serving
    organizations from the ability to fully recover from the pandemic.
    These issues combined provide many hurdles for mentoring programs. But
    with the support of both private and public investments, many mentoring
    organizations have been able to increase their capacity to meet their
    community's unique relational needs.
        One of the ways that mentoring programs have succeeded in expanding
    quality services is through support from the Federal Youth Mentoring
    Program. The program, which touches every State, focuses on prevention
    and interventions for youth facing risk and helps to close the
    mentoring gap. These funds provide direct support for young people, who
    could otherwise become involved in negative behaviors and activities
    causing harm to themselves and their communities. It is also popular
    with the public; in a recent survey, more than 80% of adults reported
    that they support at least some investment in youth mentoring.
        In a 2016 study conducted by MENTOR, it was found that 75 percent
    of programs have a budget of under $100,000. Costs for groups of young
    people with adverse childhood experiences (ACEs), such as those who
    have encountered traumatic events, teen parents, or victims of
    commercial sexual exploitation require more resources and expertise,
    which increases the program's cost per youth in order to fully address
    their unique needs. Mentoring programs work far beyond their financial
    capacity to serve young people, but with additional resources, their
    reach expands exponentially, and the quality of their services can
    strengthen through improved training. Mentoring programs utilize
    Federal support in part to better serve the large number of young
    people who could benefit most from evidence-based mentoring.
                          the youth mentoring program
        The Youth Mentoring Program continues to be the only Federal grant
    exclusively dedicated to providing funds for evidence-based mentoring
    activities. Youth Mentoring Program funds have been awarded to
    national, multi-State, and collaborative mentoring projects and
    programs who serve suburban, rural, and urban populations. The
    flexibility of the grant has allowed organizations to use these funds
    to specifically tailor programs to their community's unique needs. This
    provides local control and specialized concentration on results that
    work best for each young person and their community. These funds also
    invest in research to learn what is most effective, bridging research
    to practice, and driving quality and impact through hands-on community-
    based capacity building. They are simply invaluable in the ways that
    they support youth development, educational achievement, and safe
    communities.
        In the most recent data available, from FY22, an estimated 85,475
    new mentor-mentee matches were made with funding from the Youth
    Mentoring Program. Further, 29,785 new trained mentors were recruited,
    including adult volunteers, college students, law enforcement officers,
    military, athletic coaches, peers, teachers, and corporate
    professionals.
        MENTOR's request of $130 million for the Youth Mentoring Program in
    FY25--supported by over 400 direct service programs from every State in
    the country--will allow more young people to access to the important
    social, professional, and academic opportunities we all hope to provide
    for America's youth. The Youth Mentoring Program demonstrates a sound
    and effective investment in evidence-based programs that work. Strong
    mentoring programs weave together our communities, foster greater
    understanding, enrich the lives of both mentors and mentees, and
    efficiently leverage volunteers to drive impact backed by quality
    programs and practice.
        Thank you again for this opportunity to provide testimony on this
    critical Federal resource supporting young people and for this
    subcommittee's long-standing, bipartisan support for the Part G Youth
    Mentoring Program.

        [This statement was submitted by Abbie Evans, Chief Policy &
    Advocacy Officer.]
                                     ______

       Prepared Statement of National Association of Marine Laboratories
        On behalf of the National Association of Marine Laboratories
    (NAML), I am writing in support of increasing FY 2025 funding levels to
    the National Oceanic and Atmospheric Administration (NOAA), the
    National Science Foundation (NSF), and the National Aeronautics and
    Space Administration (NASA). As you draft the Commerce-Justice-Science
    appropriations bill, NAML respectfully requests no less than $7.5
    billion for NOAA and $16.7 billion for NSF. These agencies, including
    specific programs identified below, are essential to the health and
    future of our Nation and to the research and education ongoing at our
    member laboratories.
        NAML is a network of 104 place-based marine and Great Lakes
    laboratories across the Nation with a mission to promote excellence in
    research, education, and public outreach in the marine and freshwater
    sciences. NAML also seeks to provide a forum for the resolution of
    challenges common to nonprofit marine laboratories in the United States
    and to inform the wise use and conservation of marine and coastal
    resources.
        The need to understand, sustainably manage, and conserve our ocean,
    coasts, and Great Lakes only grows. Coastal counties in the United
    States are home to 40% of the population, and if they were their own
    country, their GDP would rank third in the world, following only the
    United States and China. Not only is the marine and Great Lakes economy
    an important part of our National economy, but it also often
    outperforms the National economy. For example, in 2021, America's
    marine economy saw a 7.4% growth in its contribution to the GDP, while
    the National economy grew by only 5.9%.
        The role of the ocean and Great Lakes extends far beyond our
    economy. It is critical to our Nation's prosperity and security,
    impacting everything from global commerce and national defense to food
    security, resilient ecosystems, the Blue Economy, and the economic
    health of coastal and Great Lakes communities. To ensure our security
    in these areas, the United States must invest in and support agencies
    and programs that both help us better understand and observe our
    changing ocean. These agencies will also need to ensure that we will
    have a trained workforce that enables us to maintain our international
    competitiveness.
        The Administration's Budget Request for FY 2025 proposes drastic
    cuts to many NOAA programs due to the reduced amount of Federal funding
    available in FY 2025 under the caps in the Fiscal Responsibility Act
    (Public Law 118-5). NAML respectfully requests that the committee
    reject these proposed cuts and instead support funding at no less than
    the levels that were appropriated in recent years, as is provided below
    for extramural ocean, coastal, and Great Lakes research, conservation,
    observing, and education programs.
                                      noaa
        NOAA plays a key role in our Nation's security, stability, and
    prosperity. NAML labs operate on the frontline of a constantly changing
    environment. Thus, we understand more than most how much our Nation
    depends on healthy marine and freshwater resources, how weather and
    climate hazards challenge the resilience of coastal communities, and
    how research and education enterprises provide the knowledge and
    training for decision-makers in our coastal communities. NAML
    respectfully requests the funding of NOAA at no less than $7.5 billion.
    Additionally, within NOAA's Operations, Research, and Facilities (ORF)
    Account, NAML requests no less than the listed amounts for the
    following programs:

      --The National Ocean Service ($679.4 million, FY 2023 enacted level)
            enables the safe, sustainable, and efficient use of marine and
            coastal resources across sectors including maritime commerce
            and transportation, fishing, aquaculture, energy development,
            recreation, and inland export/import.
        --Integrated Ocean Observation System Regional Observations ($56
                million) benefits the economy, public safety, and the
                environment through its network that collects real-time
                observing data, develops tracking and predictive tools, and
                delivers tailed products to stakeholders and decision-
                makers.
        --Competitive Research ($22.5 million, FY 2023 enacted level) uses
                a competitive, external grant process to fund regional-
                scale and targeted research and assessment activities that
                support NOAA's coastal mission areas, including the only
                national grant programs dedicated to research topics in the
                HAB and Hypoxia Research and Control Act.
        --National Estuarine Research Reserve System ($33.3 million, FY
                2024 enacted level) is a federal-state partnership that
                uses research and education to protect and understand
                estuarine resources, while functioning as sentinel sites
                within a changing environment.
        --National Marine Sanctuaries and Marine Protected Areas ($86.2
                million, FY 2025 Budget Request) conserves and facilitates
                sustainable use of seascapes, wildlife, and maritime
                heritage resources.

      --Within funding for the National Marine Fisheries Service, NAML
            requests the amounts below for the following programs:

        --Prescott Grant Program ($4.5 million, FY 2024 enacted level)
                provides competitive grants to stranding network
                organizations to rescue, rehabilitate, or investigate sick,
                injured, or distressed marine mammals and to determine the
                cause of death or disease of dead marine mammals.
        --Aquaculture ($24.0 million, FY 2024 enacted level) provides
                science, services, and policies to support the significant
                expansion and sustainability of U.S. marine aquaculture.

      --Office of Oceanic and Atmospheric Research ($661.3 million, FY 2023
            enacted level) included in the Senate report, including no less
            than the:

        --National Sea Grant College Program ($80 million, FY 2024 enacted
                level) turns research into actions that support science-
                based sustainable practices around resilient communities
                and economies, sustainable fisheries and aquaculture,
                healthy coastal ecosystems, and environmental literacy and
                workforce development.
        --Sea Grant Aquaculture Research ($14 million, FY 2024 enacted
                level) is the largest, most comprehensive government grant
                program dedicated to supporting marine aquaculture
                development with grants addressing some of the top
                challenges to marine aquaculture.
        --Ocean Exploration and Research ($46.0 million, FY 2024 enacted
                level) is the only Federal program dedicated to ocean
                exploration.
        --National Oceanographic Partnership Program ($2.5 million, FY 2024
                enacted level) is a unique catalyst for participation by
                nongovernmental organizations and industry in Federal ocean
                research and education projects in the areas of data,
                resources, education, and communication.
        --Sustained Ocean Observations and Monitoring ($52.9 million, FY
                2025 Budget Request) is a global system for observations
                and analysis of marine and ocean variables to support
                operational ocean services worldwide.
        --Office of Education ($35.6 million, FY 2025 Budget Request)
                provides leadership on education matters, promotes NOAA
                products, and services to the public, and provides support
                for education activities across the agency.
          -- Bay Watershed Education and Training (B-WET) Regional Programs
                ($8.7 million, FY 2024 enacted level) is an environmental
                education program for K-12 students and educators that
                promotes locally relevant, authentic experiential learning.
          -- Jose E. Serrano Educational Partnership Program with Minority
                Serving Institutions ($20.8 million, FY 2024 enacted) uses
                a competitive process to provide financial assistance to
                students and Minority Serving Institutions that train
                students and conduct research in NOAA mission sciences.
                                      nsf
        NSF plays a key role in our Nation's security, stability, and
    prosperity and provides global leadership in advancing research and
    education.
        NAML respectfully requests Congress fund NSF at no less than $16.7
    billion, the congressionally authorized level. With this increase, NAML
    requests no less than the listed amounts for the following programs:

      --Research and Related Activities ($8.0 billion, FY 2025 Budget
            Request) invests in both early-stage research and development
            of a future-focused science and engineering workforce that can
            accelerate progress in basic science and engineering research
            as well as support the private sector.
      --STEM Education ($1.4 billion, FY 2023 enacted level including
            disaster supplemental) advances equity, builds a future
            workforce for the needs of today and the industries of the
            future, and expands STEM opportunities to everyone, everywhere.
                                      nasa
        NASA's Earth-facing missions, which help us understand our planet
    on both a large and a small-scale, are of particular interest to NAML.
        NAML requests no less than $7.8 billion for Science (FY 2023
    enacted level) and $2.4 billion for Earth Science (FY 2025 Budget
    Request), respectively.
                               concluding remarks
        Investing in the programs and agencies at no less than the levels
    highlighted above will enable us to understand our changing ocean,
    coasts, and Great Lakes, which in turn will help ensure our economic
    stability, national defense, food security, and resilience. To ensure
    our National security-as it relates to economic, food, homeland, and
    environmental security-we request that the subcommittee reject any
    proposed reductions to extramural science programs included in the
    Administration's Budget Request and instead fund these programs at the
    levels provided above. These programs should be adequately funded now,
    not in response to the next disaster, and we fear these programs will
    not recover from the impacts of such drastic proposed cuts.
        Thank you for your work on FY 2025 appropriations and for your time
    and consideration of this request. NAML would be happy to answer any
    questions or provide any additional information.

        [This statement was submitted by Dr. Terry Donaldson, President.]
                                     ______

     Prepared Statement of National Estuarine Research Reserve Association
        Chair and Members of the subcommittee, my name is Mike De Luca. I
    am the director of the Jacques Couteau National Estuarine Research
    Reserve, which is administered by Rutgers University. I submit this
    testimony in my capacity as president of the National Estuarine
    Research Reserve Association (NERRA). NERRA is a nonprofit
    organization, dedicated to advancing the understanding and protection
    of our Nation's estuaries and coasts by supporting the work of the
    National Estuarine Research Reserve System (NERRS). The NERRS is a
    time-tested, mission ready, state-federal partnership that focuses the
    expertise and resources of the National Oceanic and Atmospheric
    Administration (NOAA) on the needs of coastal communities and States.
        On behalf of the special places Reserves protect and the
    communities we support, thank you. Farsighted legislation in the
    Coastal Zone Management Act (CZMA) designated the NERRS in 1972. Fifty-
    two years of congressional investment have helped us become a powerful
    network of 30 protected sites, encompassing nearly 1.4 million acres of
    coastal lands and waters. Our Reserves are living laboratories where
    scientists, communities, educators, and state partners come together to
    understand, protect, and enhance the societal and economic benefits of
    coastal and estuarine resources.
        We protect places, but people are the heart of our System. State
    and local support was essential to the designation of every Reserve,
    and today, more than 36,000 people support the work of the NERRS in 24
    States and Puerto Rico. Communities throughout the U.S. Coastal Zone
    recognize Reserves as ``go to'' places for high quality environmental
    data; locally-relevant science guided by community needs; training and
    technical assistance for decision makers and businesses; science
    education for teachers and students of all ages; and innovative
    approaches to managing the natural infrastructure that safeguards
    people and property.
        Reserves also provide great economic benefit. According to a 2020
    study by NOAA's Office for Coastal Management, Reserves enhance local
    and State economies through job creation and revenue contributions. For
    example, in 2019, Florida's Reserves increased local revenues by $45M
    through investments in staff salaries, facilities maintenance,
    operations, and partnerships. Nationwide, Reserves sustain more than
    10,000 jobs, provide training to more than 13,400 people, and assist
    approximately 2,500 communities and 570 businesses.
        Reserves also steward places that provide many valuable benefits to
    industries, communities, and States. Our nation's coastal wetlands,
    like those Reserves protect, are natural allies in efforts to mitigate
    the impacts of climate change, providing $23 billion in storm
    protection and absorbing 8.1 million tons of carbon dioxide each year.
    Lands and waters protected by the NERRS also support the Nation's
    multi-billion-dollar shellfish and seafood industry, recreational
    fishing, and other coastal and ocean industries valued at tens of
    billions of dollars. In addition, every Reserve leverages their annual
    Federal grant to bring additional funds to their communities. On
    average, Reserves leverage $22 million of Federal and State matching
    funds each year.
        State and community demand for new Reserves is a testimony to their
    success. In FY 2025, the Atchafalaya Reserve in Louisiana will be
    designated and a site in Wisconsin's Bay of Green Bay will be
    designated in FY 2026. Additionally, the U.S. Virgin Islands is in the
    designation process, and the governors of Michigan and Florida have
    requested NOAA to designate new Reserves in their States.
        Similarly, recent Bipartisan Infrastructure Law (BIL) funding for
    the NERRS is a recognition of the Reserve role in supporting the
    coastal natural infrastructure that is essential to community
    adaptation and resilience to the impacts of climate change and other
    coastal hazards. NERRA thanks Congress for making a significant, one-
    time investment of $77 million through the BIL for NERRS restoration
    and acquisition of lands. This will position Reserves to make
    impressive strides in their work to advance ocean, coastal, and Great
    Lakes resilience.
        However, these funds are not a substitute for the annual funding
    needed to sustain NERRS operations. While investments through the BIL
    will support community-supported restoration and acquisition projects
    throughout the Reserve System, the success of these efforts depends on
    operations budgets that facilitate the healthy functioning of each
    Reserve and its programs.
        Through the NERRS, coastal States work with NOAA to deliver
    science-based programs to help communities prepare for extreme storms,
    rising seas, and changing lake levels; sustain habitats essential to
    our fisheries; keep waters clean; and protect people and places on
    America's coasts. NERRA requests a robust operations budget that will
    support the growth of this highly valued program and ensure it has the
    capacity to put BIL funding to the highest possible use for coastal
    communities:

      --NERRS Operations, Research, and Facilities (ORF): $47 million
      --(With report language to ensure each Reserve receives increases)
      --NERRS Procurement, Acquisition, and Construction (PAC): $10 million
      --NOAA Coastal Zone Management and Services: support robust budget

        Since Congress created the NERRS through the CZMA 52 years ago,
    Reserves have exceeded expectations. Today, they serve the Nation and
    coastal communities with the essential science and services they need
    to manage our rapidly changing coasts. Demand is high for Reserves and
    their programs-and it's growing, as new Reserves are pursued in
    different coastal areas. At the same time, existing sites are
    responding to increasing local needs for coastal access, land
    protection, trusted science, education, and training services.
        NERRA's request for the FY 2025 NERRS ORF and PAC budgets will
    support this local and national growth and build Reserve capacity to
    work with our NOAA partners to maintain and enhance the following:

      --Nationally significant monitoring programs that integrate community
            needs and provide standardized observations of how coastal
            conditions are changing over time;
      --Collaborative science programs that deliver knowledge and tools
            where and when they're needed most to address local, State, and
            national priorities;
      --Scientific training, technical assistance, and tools to help
            thousands of coastal decision makers enhance community
            resilience;
      --Science, technology, engineering and mathematics-focused education
            programs that deliver field training, curricula, local data,
            and other resources to more than 54,000 students and 4,300
            teachers each year;
      --The NERRS/NOAA Margaret A. Davidson Graduate Research Fellowship
            Program, which provides science to address near-term, community
            needs related to nationally significant issues and training for
            the next generation coastal science and management workforce;
      --Public access for hunting, fishing, boating, hiking, wildlife
            watching, and passive recreation on more than one million acres
            of land and water.

        NERRA's $47 million request for an FY 2025 NERRS ORF budget is a
    $13.7 million increase over the FY 2024 program baseline. This increase
    will support the NERRS in the following ways:

        1.  Increase direct funding to Reserve sites for operations. The
    requested NERRS ORF budget would send $1 million (minimum) to each
    Reserve. This will empower Reserves to meet rising inflation and
    increased community needs, address the impacts of climate change,
    improve equity for underserved people, and build the resilience of
    natural infrastructure. Each dollar spent on Reserve operations
    enhances the state economy and leverages more dollars.
        2.  Increase investment in national programs with local and
    national impact, as recommended by the congressionally-initiated NERRS
    Blue Ribbon Panel. (See bullets list above.)
        3.  Support expansion of the National System from 30 sites to 35.
    FY 2025 funding will facilitate designation of the Atchafalaya Reserve
    in Louisiana and the Bay of Green Bay Reserve in Wisconsin in FY 2025
    and FY 2026, respectively. Funding also will support the designation
    process for the U.S. Virgin Islands site, as well as the proposed
    Reserves in Michigan and Florida.
    NERRA's requested report language for FY 2025 NERRS ORF funding.
        NERRA requests that the FY 2025 appropriations bill contain the
    following report language to ensure funding goes out the door to States
    and communities on the frontline of coastal management:

            With acknowledgement of the NERRS Blue Ribbon Panel
            recommendations, NOAA shall distribute all increases above
            current level funding directly to the Reserve sites in order to
            enhance resilience and local impact. Increases to Reserves
            require each to meet Federal match requirements: Reserves that
            cannot meet the federally required match will be awarded the
            maximum amount for which they can provide match. Any non-
            Reserve directed funding increase remaining shall be provided
            for NERRS specific national programs.
    NERRA's $10 million request for an FY 2025 NERRS PAC budget is a $1.5
            million increase over the FY 2024 program baseline.
        NERRS PAC funding advances conservation through the strategic
    acquisition of priority lands and the construction and upgrades of
    essential facilities. PAC funds enhance the climate resilience of
    Reserve infrastructure with sustainable, energy efficient materials and
    designs that reduce the risks associated with storms, rising waters,
    and flooding. These improvements serve as models for communities
    seeking to mitigate carbon emissions and reduce the impacts of climate
    change through more resilient design. PAC funds also are critical to
    ensure that Reserve research, education, and outreach programs continue
    to meet community needs. Reserves compete for PAC funding, and the need
    for construction funds that generate jobs is more than $36 million.
    Moreover, Reserves have identified $166.5 million in future needs for
    restoration, construction, and essential facilities upgrades that would
    create approximately 2,390 local jobs.
    NERRA supports a strong budget for NOAA Coastal Zone Management and
            Services.
        NOAA's Office for Coastal Management (OCM) provides national
    leadership to guide, coordinate, and leverage the work of State and
    Territory Coastal Zone Management programs, the NERRS, the Digital
    Coast Partnership, and the Coral Reef Program for maximum impact. It
    also provides science, data, and tools that benefit communities, as
    well as leadership and support for training and mentoring the next
    generation of coastal management scientists and professionals.
    In conclusion, and with appreciation
        NERRA is deeply grateful for the support this subcommittee has
    demonstrated for the NERRS. Our FY 2025 request of $47 million for
    NERRS ORF and $10 million for NERRS PAC will enhance NERRS ability to
    work with States and communities to address climate change and other
    natural resource challenges, while supporting the economic viability of
    coastal businesses and industries. Thank you for the opportunity to
    present these remarks. On behalf of NERRA, I would be happy to answer
    questions or provide additional information.
                                     ______

          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 2025
    funding that impacts the National Fish and Wildlife Foundation (NFWF).
    We respectfully request your approval of funding of the National
    Oceanic and Atmospheric Administration's (NOAA) budget and 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 and resilience.
        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 of Federal resources. 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. In addition, NFWF also leads significant
    monitoring and evaluation efforts that measure the enhanced resilience
    of the restored coastal systems which helps improve our understanding
    of which activities provide the greatest and most cost-effective
    reductions in storm risk and storm damage.
        Through the NCRF in 2023, NFWF awarded approximately $144 million
    in competitive grants to support planning, design and implementation of
    nature-based resilience projects. The 109 grants announced will
    generate more than $97 million in matching contributions for a total
    conservation impact of nearly $242 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, 2023
    partners included the Department of Defense, TransRe, Shell USA, Inc.,
    Oxy, and Salesforce. 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. For
    example, in the calendar year 2023, NFWF received 395 proposals seeking
    more than $633 million in funding, with approximately $144 million in
    available resources to meet this need. Demand continues to exceed
    available funding significantly.
                 fisheries electronic monitoring and reporting
        Since 2010, NFWF has invested significantly in fisheries around the
    U.S. to implement 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 2023, the Electronic Monitoring and Reporting (EMR)
    grant program has awarded more than $32.9 million across 112 projects
    that modernize U.S. fisheries data collection. The awards leveraged
    nearly $50 million in matching funds and generated a conservation
    impact of $82.2 million. 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 fisheries management challenges more
    effectively. EMR isn't one size fits all and NFWF projects represent a
    cross section of the advancements being made around the U.S. in
    fisheries management to address the unique of regions and fisheries.
                            coral reef conservation
        Since 2000, NFWF has partnered with NOAA, U.S. Fish and Wildlife
    Service (FWS), and the U.S. Department of Agriculture, National
    Resources Conservation Service (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 as
    quickly as possible to mitigate damaging events like Stony Coral Tissue
    Loss Disease.
        Since the creation of NFWF's coral program in 2000, the program has
    awarded $23 million across 417 projects, leveraging more than $31
    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 to encourage adoption of best 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, FWS, U.S.
    Navy, SeaWorld Entertainment and BNSF Railway on the Killer Whale
    Research and Conservation Program (KWRCP) to aid in the recovery of the
    Southern Resident killer whale population in the Pacific Northwest. The
    program prioritizes the highest impact activities recommended in the
    recovery plan as more funding is sought to deliver additional actions
    beyond traditional management and conservation measures.
        In 2024 the KWRCP awarded 10 grants totaling more than $1.8
    million, drawing an additional $1.7 million in grantee match for a
    total conservation investment of more than $3.5 million. These awards
    will foster collaborative efforts in the following areas: increase prey
    availability through restoration of important salmon runs; improve
    water quality and reduce disturbance in critical habitat; fill research
    gaps in health, demographics, and stressors; and increasing habitat
    quality. All these 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.
                papahanaumokuakea research and conservation fund
        NFWF's and NOAA's partnership of 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 (Monument).
    One of the key challenges for NOAA and its partners managing this
    expansive area is its remote location in the Pacific Ocean. Past agency
    funding only allowed for a single voyage per year to the Monument to
    address multiple needs and locations, making it difficult to conduct
    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 funders and funding around a critical management
    strategy or pervasive threat. One example is the expanded effort to
    reduce a direct threat to the habitats and wildlife in the Monument
    from marine debris. The partnership has launched a 5-year effort to
    remove 500 tons of marine debris in the monument and increase capacity
    and efficiency in the program and reduce the need for annual removal to
    sustainable maintenance levels. Throughout all investments, the program
    seeks to maximize conservation impact, management capacity and cultural
    and outreach opportunities.
                                 marine debris
        NFWF and NOAA have developed and implemented strategies to combat
    the problem of Marine Debris. Starting over two decades ago, NFWF
    administered a Marine Debris Program to assist NOAA's new program in
    understanding the scope of marine debris across the Nation by advancing
    science around sources of debris 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 pervasive and 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 again in 2021 to administer supplemental funding for hurricane
    damage that occurred in 2020-2021 seasons. 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 the resulting marine debris. 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. We anticipate
    continuing this partnership as needed based on the success of these
    initial investments.
                                nfwf background
        NFWF was established by Congress in 1984 to leverage Federal funds
    with private investments to conserve our Nation's fish, wildlife and
    their habitats. 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 its creation, NFWF and its
    grantees have invested more than $10 billion through more than 22,100
    grants while partnering with more than 6,800 grantee 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 2023 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.
        NFWF is audited annually by an independent accounting firm and for
    our most recent audit for FY 2023, NFWF received an unqualified report
    with no material weaknesses and no deficiencies. This is the FIFTEENTH
    consecutive year of unqualified audits. In addition, NFWF has
    continually qualified as a low-risk auditee under OMB guidelines.
        In FY 2023, through discretionary cooperative agreements, NFWF
    partnered with 15 Federal and State agencies or departments and 52
    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 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 various U.S. Department of Justice (DOJ) programs.
                           legal services corporation
        Equal justice is one of our country's most firmly held values.
    Every year, civil legal aid helps American families to secure fair
    resolutions to legal issues affecting their basic needs, but millions
    more have to handle them alone. This is because civil legal aid
    organizations do not have the resources they need to serve their
    communities fully. The Legal Services Corporation (LSC) is the largest
    single source of funding of legal aid in the United States, and our
    analysis indicates that an investment of at least $2.09 billion in LSC
    is necessary in FY2025. Civil legal aid helps low-income people at risk
    of losing their home or income, parents navigating the family court
    system, older Americans experiencing abuse or neglect, consumers who
    are victims of fraud, and many others with serious legal problems.
        The help that LSC grantees provide is highly consequential. The
    most common issue they provide assistance around is housing. Unlawful
    evictions and unsafe living conditions destabilize families and put
    them at risk of homelessness, but legal assistance can help people
    avoid these outcomes. The difference this makes is clear. For example,
    tenants who have access to full legal representation in housing court
    have been found to be four times less likely to subsequently use a
    homeless shelter. This impact is limited by the availability of
    resources. Tenants are represented by counsel in just 13 percent of
    cases, compared to landlords who are 76 percent of the time.\1\
        Family law is the second most common type of issue with which LSC's
    grantees provide assistance, and their work in this area is similarly
    impactful. Women who have experienced domestic violence and receive
    legal help have better mental health outcomes,\2\ increased income, and
    decreased use of government benefits \3\ than those who cannot access
    civil legal aid. Unfortunately, although legal aid organizations will
    prioritize providing assistance to help a victim escape their abuser,
    resource constraints mean they are often unable to provide the extended
    services that create long-term stability.
        The current insufficiency of resources is a direct result of the
    chronic underfunding of civil legal aid; it has kept pace with neither
    the level of need nor increases in Federal discretionary spending in
    recent years. LSC reports that with its current budget, its grantees
    can fully resolve only 29 percent of eligible legal problems brought to
    them. A further 22 percent receive limited assistance, and 49 percent
    of people seeking help cannot be served at all.\4\ LSC's own budget
    request suggests that the corporation would need a budget of $718
    million just to prevent this situation from deteriorating any further
    next year. The Corporation estimates that fully resolving every problem
    would require $1.797 billion. This estimate is based on analysis of
    grantee intake data, with a small upwards adjustment to account for the
    doubling of the child poverty rate since that data was collected. NLADA
    supports the methodological approach behind LSC's analysis. However,
    the appropriation level we recommend exceeds the amount suggested by
    LSC because as the corporation's budget request itself explains, it
    underStates the funding needed by excluding a number of important
    factors.\5\
    Expiration of Pandemic-Era Supports
        The grantee data used by LSC in its analysis was gathered at a
    point in time when demand for services was suppressed by temporary
    Federal programs that helped low-income Americans meet their basic
    needs, including under the CARES Act, which lowered the number of
    people meeting the income-eligibility criteria for receiving services.
    This is partly captured by LSC's adjustment on the basis on the
    increase of the child poverty rate, but pandemic programs had other
    impacts not directly captured by measures of poverty. For example,
    measures aimed at preventing evictions depressed the need for housing
    related legal help. The CARES Act (and subsequently, the American
    Rescue Plan Act) also supported civil legal aid organizations
    themselves, providing additional resources for the delivery of legal
    services that no longer exist. LSC's analysis therefore does not go far
    enough in accounting for the expiration of these programs.
    Consequences of Chronic Underfunding
        Given the scale of the need for legal help, legal aid organizations
    direct the maximum amount of resources possible to serving clients.
    This has come at the expense of maintaining human and physical
    infrastructure, which has now reached a crisis point. Attorneys at
    legal aid organizations are paid salaries that are the lowest in the
    legal profession, and organizations are increasing reporting that an
    inability to recruit and retain staff is a primary barrier to
    delivering services, particularly in rural areas. This problem is both
    historic and growing, as wages in legal aid are neither keeping pace
    with inflation nor with wage growth across economy overall,\6\ and is
    compounded by rapidly rising law school debt amounts.
        The other serious consequence is the closure of physical office
    locations, which multiple programs report having been forced to do.
    This prevents legal aid organizations from being present in
    communities, particularly in rural areas, and causes fewer people to
    know there are resources available that could help them. Further losses
    would widen a disparity that is also the result of the concentration of
    private funding sources, pro bono assistance, and non-LSC legal
    services organizations in urban areas. This disparity would be far more
    severe were it not for LSC's commitment to ensuring that legal
    assistance is available in every ZIP code in America.
                      u.s. department of justice programs
    Tribal Civil and Criminal Legal Assistance, Training and Technical
            Assistance
        We request that Congress expands funding for the Tribal Civil and
    Criminal Legal Assistance, Training and Technical Assistance grant
    program (TCCLA). In recent years, TCCLA grants have totaled up to
    around $2 million, but for multiple, overlapping reasons, there is an
    acute need for dedicated help for Tribes that necessitates an increased
    level of funding. Native American communities experience far higher
    rates of poverty than other groups,\7\ and consequently a higher number
    of routine civil legal needs on average. There are also many issues
    unique to organizations serving Native Americans, such as Indian Child
    Welfare Act cases and navigating Tribal sovereignty. Additionally,
    Indian legal services programs often also handle criminal legal
    assistance work, further diluting the limited resources available to
    them.
        An increase in funding would enhance the work done on behalf of
    Native Americans by Indian Legal Services programs. A consortium of
    such programs operating in 23 States provides legal representation to
    thousands of American Indian and Alaska Native individuals in Tribal
    and State courts, and assists more than 160 Tribal governments and/or
    Tribal judicial systems to enhance or develop their justice systems. In
    at least 46 Tribal courts, these programs provide the only public
    defender services available. TCCLA has helped many of these programs
    deliver direct civil and criminal legal assistance, including for
    example, representation of children as guardians ad litem. It has also
    enabled these programs to help develop legal infrastructure in their
    jurisdictions, such as by supporting revisions to Tribal codes,
    policies, and procedures, and to build partnerships with other
    stakeholders, such as Tribal domestic violence and crime victims'
    advocates, prosecutors, and other community services to increase the
    effectiveness of their programs and to build awareness about the
    availability of services.
        Whether the committee includes a line item for TCCLA under
    assistance for Indian Tribes within the State and Local Law Enforcement
    Assistance account, or to provide funding within a Tribal set-aside
    percentage of Office of Justice Programs accounts, it is important that
    both the bill and report language recognize the urgent need to expand
    access to justice for Indian Tribes by increasing funding for civil and
    criminal legal assistance under the Indian Tribal Justice Technical and
    Legal Assistance Act.
    Violence Against Women Act (VAWA) and Victims of Crime Act (VOCA)
            Programs
        More than a third of women in America will experience sexual
    violence, physical violence, and/or stalking by an intimate partner
    during her lifetime,\8\ and as described above, civil legal aid can not
    only help survivors to escape their abuser but also obtain long-term
    stability for themselves and their children. We urge the committee to
    provide at least $60 million for legal assistance for victims under
    VAWA. We also ask that you increase the availability of resources from
    the Crime Victims Fund (CVF), and act to protect its long-term
    stability. The VOCA Fix to Sustain the Crime Victims Fund Act was
    passed in 2021 by an overwhelming majority of the House and unanimously
    in the Senate, demonstrating the depth of bipartisan concern about this
    issue. Data from 2021 suggests that legal aid organizations accessed
    approximately $97 million from the fund in that year, which
    organizations used to not only employ advocates dedicated to supporting
    survivors but also fund entire domestic violence units within their
    programs. We are however aware of organizations that have subsequently
    been forced to significantly scale back this work as a result of the
    depletion of the fund and the lowering of the cap on distributions from
    it. We urge the committee to raise the cap to its FY2023 level at a
    minimum, and to provide an appropriation to replenish the fund. This
    would enable legal aid organizations to reinvigorate their work to
    protect survivors.
    Office for Access to Justice (ATJ)
        ATJ is the government-wide authority on access to justice, and its
    functions enhance the ability of civil legal aid and public defender
    organizations across the U.S. to deliver services effectively. The
    office leads innovation in the field, most recently around expanding
    access to help in Federal administrative proceedings, language access,
    and the simplification of Federal forms and processes, which can reduce
    the need for legal help. ATJ also hosts the Legal Aid Interagency
    Roundtable (LAIR), which convenes 28 Federal agencies to improve
    coordination around access to justice. Civil legal aid often enhances
    the effectiveness of Federal programs, for example by helping veterans
    correctly navigate resources administered by the Department of Veterans
    Affairs. By developing and strengthening the connections between
    Federal priorities and legal services, LAIR helps numerous Federal
    programs operate more efficiently. The $10.5 million requested by the
    President for ATJ will provide sufficient resources for the office to
    continue this work. Additionally, the committee should break out ATJ as
    a standalone account within the bill, in order to increase transparency
    and accountability in the funding of the office.
    State and Local Public Defender Funding
        The Sixth Amendment right to counsel is the cornerstone of our
    adversarial system of justice, but public defenders across the U.S. do
    not have the resources they need to handle workloads that have reached
    extreme quantities. This limits the amount of time they can spend on
    any particular case, prevents them from hiring investigators or experts
    that can prove a defendant's innocence, or even being present at
    critical court hearings. Americans understand this and a large majority
    of public agree that more taxpayer dollars should be used to fund
    public defense.\9\ Fortunately, there is bipartisan legislation that
    would provide these resources while implementing reasonable workload
    limits. H.R. 3758 would provide $250 million per year in grants to
    support State and local public defenders, and we request that the
    committee provide this funding.
    John R. Justice Student Loan Repayment Assistance Program (JRJ)
        Our country's legal systems could not function without the
    individuals who choose to obtain a law degree. Unfortunately, the cost
    of this education has risen considerably and average salaries for
    public defenders and prosecutors have not kept pace. This has made it
    unaffordable for many to take these critical roles or to remain in them
    for more than a few years. JRJ offers vital financial support that
    makes it possible for recipients to continue providing these essential
    functions, but the program has been badly underfunded in recent years.
    We ask that you finally appropriate the full $25 million authorized
    under 34 USC Sec. 10671.
    ---------------------------------------------------------------------------
        \1\ Grundman, L. and Kruger, M. 2018. Legal Representation in
    Evictions--Comparative Study.
        \2\ Renner, L. M., and Hartley, C. C. ``Psychological Well-Being
    Among Women Who Experienced Intimate Partner Violence and Received
    Civil Legal Services.'' Journal of Interpersonal Violence 36, no. 7-8,
    (2021).
        \3\ Hartley, C.C., and Renner, L.M. ``Economic Self-Sufficiency
    among Women Who Experienced Intimate Partner Violence and Received
    Civil Legal Services.'' Journal of Family Violence 33, (2018).
        \4\ Legal Services Corporation. 2022. The Justice Gap: The Unmet
    Civil Legal Needs of Low-income Americans. Prepared by Mary Slosar,
    Slosar Research, LLC.
        \5\ Neither LSC's request nor this recommendation account for the
    larger population of income-eligible people who have legal problems but
    do not seek help. An estimated 92 percent of low-income Americans
    receive no assistance with their legal problems, often because they do
    not know help is available or that their problem is legal in nature.
        \6\ Between 2008 and 2022, the median salary for entry-level legal
    aid lawyers rose by 43 percent, compared to 52 percent for all jobs.
    (Author's calculations. See: NALP. June 22, 2022. New Public Service
    Attorney Salary Figures Show Growth Since 2018, But Remain Considerably
    Below Private Sector Salaries, and Federal Reserve Bank of St. Louis,
    Median Personal Income in the United States.)
        \7\ In 2022, the poverty rate for children designated American
    Indian or Alaska Native (not in combination with one or more other
    races) by the U.S. Census Bureau was 25.9 percent, almost four times
    the 7.2 percent poverty rate for white children. See: Ismael Cid-
    Martinez and Stevie Marvin, Native American Child Poverty More Than
    Doubled in 2022 After Safety Net Cutbacks Posted, Working Economics
    Blog, Economic Policy Institute, November 30, 2023.
        \8\ Smith, S.G., Chen, J., Basile, K.C., Gilbert, L.K., Merrick,
    M.T., Patel, N., Walling, M., & Jain, A. (2017). The National Intimate
    Partner and Sexual Violence Survey (NISVS): 2010-2012 State Report.
    National Center for Injury Prevention and Control, Centers for Disease
    Control and Prevention.
        \9\ New Report Reveals Urgent Need to Educate Americans on Right to
    Counsel, American University School of Public Affairs, 2017.

        [This statement was submitted by Radhika Singh, Vice President,
    Civil Legal Services & Strategic Policy Initiatives.]
                                     ______

           Prepared Statement of National Marine Sanctuary Foundation
        Chair 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) for Fiscal Year (FY) 2025. As supporters,
    stakeholders, and partners of America's National Marine Sanctuary
    System, we strongly urge the committee to:

      1.  Appropriate at least $91.5 million for Sanctuaries and Marine
            Protected Areas, within the National Oceanic and Atmospheric
            Administration's Operations, Research, and Facilities (ORF)
            account; and,
      2.  Appropriate at least $8.5 million for Marine Sanctuaries
            Construction, within NOAA's Procurement, Acquisition, and
            Construction (PAC) account.
      3.  Direct NOAA to prioritize conservation, education, mapping, and
            research efforts across the agency in the National Marine
            Sanctuary System.
      4.  CAP NOAA and National Ocean Service corporate fees to no more
            than 5 percent of the annual appropriations.
                     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. Sanctuaries are home to millions of species, preserve our
    Nation's maritime and cultural heritage, and promote public access for
    exploration and world-class outdoor recreation and enjoyment. Sanctuary
    visitor centers, vessels, and facilities are key assets for
    communities; stimulate public-private partnerships on emerging
    technologies, cutting edge science, and hands-on education, and attract
    millions of visitors each year.
        National marine sanctuaries are sources for solutions. They are
    living laboratories, outdoor classrooms, and tourism and recreation
    destinations. The conservation and sustainable use of marine ecosystems
    is vital to maintaining a healthy ocean and Great Lakes, sustaining
    productive coastal economies, and addressing climate change. According
    to the U.S. Bureau of Economic Analysis (BEA), the marine economy
    accounted for $432 billion of US gross domestic product in 2021, with a
    7.4% growth over 2020 that outpaced the National economy. Tourism and
    recreation accounted for the most significant portion, $153 billion of
    the gross output, and marine living resources accounted for $18 billion
    in gross output. Both sectors depend on a healthy ocean. Sanctuaries
    drive the growth of the blue economy through fishing, diving,
    recreation, hospitality, and tourism.
        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. Marine protected areas 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. Scientists are
    increasing our understanding of the climate drivers, conditions,
    trends, and predictions affecting our ocean through research conducted
    in sanctuaries.
        For Sanctuaries and Marine Protected Areas ORF account, we urge
    Congress to provide at least $91.5 million.--This is the minimum level
    of funding necessary to advance conservation and restoration in U.S.
    waters, conduct scientific research, effectively manage sanctuaries,
    enforce regulations, and engage the public in stewardship. The
    requested increase is an investment in the growing number of
    communities seeking to nominate new national marine sanctuaries. There
    are currently six new national marine sanctuaries in our Atlantic,
    Pacific, and Great Lakes waters undergoing the public sanctuary
    designation process. Providing increasing and robust funding to the
    Office of National Marine Sanctuaries is an investment in the growing
    communities, both existing and in designation, to ensure public
    engagement and public-private partnerships that are the hallmark of
    sanctuaries.
        Engaging communities as stewards of these waters makes sanctuaries
    unique and provides a comprehensive, highly participatory approach to
    managing and conserving marine ecosystems and the Great Lakes for
    current and future generations. Public participation is a hallmark of
    sanctuaries and underscores their dedication to civic engagement and
    leadership. From nomination to day-to-day, communities are at the core
    of national marine sanctuaries. NOAA tailors each sanctuary's
    management plan to the specific goals of each national marine
    sanctuary, which in turn reflects the unique resources and needs of
    each sanctuary's respective community. Decisions about how to best
    manage each of these special places continue to be made using the best
    available scientific data, as well as extensive public input, including
    through Sanctuary Advisory Councils, community-based advisory groups
    established to provide advice and recommendations to superintendents.
    With additional funding, NOAA will increase engagement with communities
    of color, underrepresented groups, and Indigenous and native peoples,
    in conservation, planning, and outreach across the system.
        For Marine Sanctuaries Construction (PAC) account, we urge Congress
    to provide at least $8.5 million.--The National Marine Sanctuary
    Program has a prestigious history of science and research expeditions,
    including a half-century of new discoveries--such as shipwrecks,
    artifacts, species, habitats, and natural processes--that inspire,
    amaze, and awe. Sanctuaries act as living laboratories for stewardship,
    education, restoration, and science to address climate impacts. 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. Increased PAC funding would support the replacement or repair
    of vessels and allow managers and partners to better assess, monitor,
    research and protect national marine sanctuaries. These efforts include
    responding to entangled whales, conducting scientific missions,
    maintaining mooring buoys, testing new technologies and tools, and
    enforcing regulations. 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.
                    prioritizing national marine sanctuaries
        National marine sanctuaries 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
    recognizing the importance of sanctuaries and including report language
    in the FY 2023 Consolidated Appropriations Act ``the Committee directs
    NOAA to prioritize conservation, education, mapping, and research
    efforts across the agency in the National Marine Sanctuary system''. We
    greatly appreciate this and request the subcommittee again include this
    report language for FY 2025.
                   cap for noaa and nos 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 FY 2024, ONMS paid over $9 million in administrative
    overhead costs to NOAA. This includes a NOAA wide direct bill
    assessment, NOS Assessment, facilities assessment, and a $1 million
    deobligation. 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 the subcommittee to cap costs and require NOAA to budget
    for 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.
        National marine sanctuaries connect people and communities through
    science, education, U.S. history, recreation, and stewardship and
    inspire community-based solutions that help individuals understand and
    protect the spectacular underwater habitats, wildlife, archaeological
    resources, and cultural seascapes of the United States. This is an
    opportunity to invest in America's waters and the communities and
    businesses that depend upon them. Robust funding will ensure sound
    management of these treasured places through community stewardship;
    support of mission critical tools, like small boats; active restoration
    of marine environments; preservation of maritime resources; and
    improved understanding of marine and Great Lakes ecosystems. Funds will
    allow NOAA to strengthen its research, monitoring, restoration,
    permitting, community engagement, and interagency partnerships, better
    informing NOAA's locally-driven management decisions, and advance
    designation and protection efforts for the 6 proposed national marine
    sanctuaries.
        Thank you for this opportunity to provide written testimony. We
    strongly encourage you to invest in America's community-based national
    marine sanctuaries by supporting the Office of National Marine
    Sanctuaries at no less than $100 million in Fiscal Year 2025. Your
    support for marine sanctuaries will send a powerful message about the
    benefits of a healthy ocean and Great Lakes and underscore the
    continuing ecological, economic, and historical value of America's
    underwater national treasures. We thank you for your consideration of
    this request. We look forward to working with the subcommittee during
    the FY 2025 appropriations process.

        [This statement was submitted by Ms. Shannon Colbert, Senior Vice
    President of External Affairs.]
                                     ______

               Prepared Statement of National Security Counselors
        Chair Shaheen, Vice Chair Moran, and members of the Commerce,
    Justice, Science, and Related Agencies Appropriations subcommittee,
    thank you for the opportunity to submit this written testimony.
        The tiny Department of Justice (``DOJ'') Office of Legal Counsel
    (``OLC'') is probably the most powerful legal office in the entire
    Executive Branch, with the possible exception of the White House
    Counsel's Office, and it exercises that power in almost total
    secrecy.\1\ It is the force behind Special Counsel Robert Mueller's
    decision not to recommend the indictment of President Trump, Acting
    Director of National Intelligence (``DNI'') Joseph Maguire's initial
    refusal to release the Ukraine Whistleblower's complaint to Congress,
    and the Central Intelligence Agency's torture of enemy combatants
    shortly after 9/11, among myriad other legal decisions which are often
    never adjudicated in a court of law.
        The reason for OLC's outsized power is relatively straightforward:
    many agencies treat OLC opinions as binding. As in, if OLC makes a
    pronouncement that a certain action, practice, or policy is legal (or
    illegal), many agency officials throughout the Executive Branch
    maintain that they are bound by that decision, whether they agree with
    it or not. For instance, Mr. Mueller publicly stated that his office
    was ``bound'' by ``long-standing department policy'' holding that ``a
    president cannot be charged with a Federal crime while he is in
    office'' and that indicting Trump was ``therefore not an option we
    could consider.'' \2\ The policy Mueller ``was bound by'' was an OLC
    opinion,\3\ first written in 1973 about Watergate.
        Likewise, the Intelligence Community Inspector General informed
    Congress that he could not provide the Ukraine Whistleblower's
    complaint directly to the appropriate committees because he is ``bound
    by the determination reached as a result of the acting DNI's
    consultations with'' OLC, even though he ``respectfully disagree[s]
    with that determination, particularly DOJ's conclusion.'' \4\ Mr.
    Maguire, for his part, described this belief succinctly and
    unequivocally: ``As you know, for those of us in the Executive Branch,
    Office of Legal Counsel opinions are binding on all of us.'' \5\
        It is unclear, however, how many agencies adhere to this
    interpretation of OLC opinions. While senior officials such as Messrs.
    Mueller, Maguire, and Atkinson are claiming that OLC opinions are
    binding on Executive Branch agencies, OLC itself is arguing exactly the
    opposite whenever anyone attempts to obtain copies of such ``binding''
    opinions through discovery or the Freedom of Information Act
    (``FOIA''). In those cases, OLC consistently asserts under oath that it
    only ``serv[es] an advisory role as legal counsel to the executive
    branch ... in a special relationship of trust with the Attorney
    General,'' and that the relationship between OLC and any other part of
    the Executive Branch is the same as the relationship between any
    attorney and any client.\6\ If you accept this argument, the most
    formal and detailed OLC opinion becomes simple ``advice'' that the
    purported client can follow or ignore at their leisure. OLC makes this
    claim because, under FOIA, binding agency decisions are not exempt from
    disclosure, while predecisional deliberations and advice from attorneys
    to clients are exempt. This is how it maintains its secrecy.
        This dualism is best exemplified by a line from an internal OLC
    memo: ``OLC's core function, pursuant to the Attorney General's
    delegation, is to provide controlling advice to executive branch
    officials on questions of law that are centrally important to the
    functioning of the Federal Government.'' \7\ The problem is,
    ``controlling advice'' is an oxymoron, since advice is something the
    recipient is free to disregard, which is the opposite of controlling.
    The two competing interpretations given by Executive Branch lawyers,
    depending on the context, are completely irreconcilable: An opinion
    cannot both be binding on the Executive Branch and also legal advice
    from an attorney to a client.
        There are many ways to fix this problem, but they all fall to
    Congress to act, since DOJ has no interest in resolving an uncertainty
    which only redounds to its benefit. Congress could legislate that OLC
    opinions are binding, which would mean that no privilege would apply to
    their release (although they could be withheld for other reasons, such
    as classification or law enforcement considerations). Congress could
    legislate that OLC opinions are not binding, which would free up
    agencies to ignore them and perhaps ensure that bad opinions are weeded
    out. Congress could mandate that OLC opinions must be released to
    lawmakers so they can evaluate whether they agree with OLC's
    interpretation of the law. Congress could add a caveat to FOIA that a
    court must presume that an agency which acted in accordance with an OLC
    opinion fully accepted the reasoning of the opinion, thereby triggering
    an exception to any claim of privilege.
        However, before Congress can even consider any avenues for reform,
    it must first understand the scope of the problem, and that is why this
    is an appropriations matter. I have personally dealt with several
    senior Executive Branch officials who take the position that OLC
    opinions are not binding, and I have also dealt with senior officials
    who treat an OLC opinion as the gospel truth. What Congress-and the
    public-needs is a comprehensive, definitive accounting of how OLC
    opinions are viewed across the Executive Branch. A simple survey that
    agencies are required to complete, sent to every General Counsel at
    every agency or agency component: ``Are OLC opinions binding on your
    agency/office?'' A survey which will force agencies to state a position
    on the record, and which will provide hard data which can be relied
    upon in future Congressional deliberations.
        To that end, I recommend that this subcommittee include report
    language directing an appropriate agency to perform this survey and
    compile a report accounting for the results for Congress and the
    public. The Government Accountability Office would be best suited for
    this work, but it could also be reasonably assigned to the DOJ
    Inspector General or even OLC itself, as long as the report language
    makes clear that the final report will include only the responses and
    no editorializing or characterizations. This simple research project
    will yield informational dividends far beyond its cost in funds and
    manpower, and it will finally clear up a decades-old deliberate
    obfuscation of the truth. Only then can Congress make an informed
    decision about which interpretation it endorses and legislate
    accordingly.
    ---------------------------------------------------------------------------
        \1\ Kel McClanahan, How one secretive Justice Department office can
    sway the whole government, Wash. Post (Sept. 26, 2019), available at
    https://www.washingtonpost.com/outlook/2019/09/26/how-one-secretive-
    justice-department-office-can-sway-whole-government/.
        \2\ Special Counsel Robert S. Mueller III Makes Statement on
    Investigation into Russian Interference in the 2016 Presidential
    Election (May 29, 2019), at https://www.justice.gov/opa/speech/special-
    counsel-robert-s-mueller-iii-makes-statement-investigation-russian-
    interference.
        \3\ A Sitting President's Amenability to Indictment and Criminal
    Prosecution, 24 Op. O.L.C. 222 (2000), at https://www.justice.gov/file/
    19351/download.
        \4\ Letter from Atkinson to Schiff of 9/17/19, available at https:/
    /www.scribd.com/document/426585487/Sept-17-letter-from-Intel-Inspector-
    General-to-House-Intelligence-on-whistleblower-complaint.
        \5\ Testimony of Acting DNI Joseph Maguire (Sept. 26, 2019),
    available at https://www.c-span.org/video/?464509-1/acting-director-
    national-intelligence-maguire-testifies-whistleblower-complaint.
        \6\ See N.Y. Times Co. v. DOJ, 915 F. Supp. 2d 508, 544 (S.D.N.Y.
    2013).
        \7\ Best Practices for OLC Legal Advice and Written Opinions (July
    16, 2010), available at https://www.justice.gov/olc/pdf/olc-legal-
    advice-opinions.pdf.

        [This statement was submitted by Kel McClanahan, Executive
    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) 2025
    appropriations for the National Science Foundation (NSF). We encourage
    Congress to provide the NSF with at least $11.9 billion in FY 2025.
        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
    (e.g. 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 and productivity.
    Current research involving natural science collections also contributes
    to the development of new cyberinfrastructure, data visualization
    tools, and improved data management practices. This work also ensures
    critical input into policy development and implementation by several
    U.S. government agencies. 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, many of which have now been
    digitized with continued funding from NSF and the resulting data stored
    in easily accessible online databases that contribute heavily to
    research.
        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.
        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 presented a framework
    for estimating and documenting the long-term benefits, both monetary
    and non-monetary, generated by Federal institutional collections. More
    recently, a 2023 report from the IWGSC enumerated the many ways Federal
    scientific collections have served the Nation in diverse areas,
    including with the COVID-19 response and improving national health,
    climate change research and mitigation, ensuring the Nation's food
    security, as well as environmental health and safety.
        Additional recent reports have highlighted the value of mobilizing
    biodiversity specimens and data in spurring new scientific discoveries.
    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,'' outlined a national agenda that leverages digital data
    in biodiversity collections for new uses. 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, ``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. The report's recommendations for establishing an
    action center for biological collections and requiring specimen
    management plans for research proposals generating new specimens
    underscore the importance of biodiversity specimen collections and have
    been supported by the CHIPS and Science Act. A recently published white
    paper, ``Envisioning a Natural History Collections Action Center,''
    summarizes the features and functions of an action center and
    underscores the essential role that collections play in medical
    science, human health, food security, pathogen-borne disease,
    biosecurity, a strong bioeconomy, mitigating the effects of climate
    change, and conserving ecological services for human use and
    subsistence. Such a center will provide leadership, support, and
    coordination for federal, non-federal, and private collections and
    enable transformative research to address grand societal challenges.
        All of the above reports articulate a common vision for the future
    of biological collections and emphasize the need to broaden and deepen
    these collections and associated data to realize their potential to
    inform 21st century science. Because NSF is the only agency that
    supports research in all fields of science, it is ideally suited to
    lead a national effort to establish the action center and 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 nature. Biological collections,
    their extended data, and the experts who build and study them are
    globally important for understanding where viruses such as SARS-CoV-2
    exist and when they cross from their current hosts to humans.
        The United Nation's Intergovernmental Science-Policy Platform on
    Biodiversity and Ecosystem Services has warned that about one 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 this loss.
        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, Geosciences, and
    Social, Behavioral and Economic Sciences support research and student
    training opportunities in natural history collections. NSF is also an
    important supporter of national 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. Nearly 140 million
    specimens are now online, with millions more awaiting digitization.
    Many of these specimen records also include high quality images of the
    specimens that facilitate high quality, detailed analyses. 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.
    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.
        We were encouraged by the passage of the CHIPS and Science Act,
    which recognized biological collections as a research priority and
    authorized critical increases in NSF's budget. However, we were
    disappointed by NSF's FY 2024 appropriation, which was 8% below its FY
    2023 budget. This cut ignores the CHIPS and Science Act, which
    demonstrated bipartisan commitment to our Nation's scientific and
    technological enterprise. We urge Congress to follow through on the
    promise of this historic law by funding NSF as close as possible to the
    authorized levels.
        Please support funding of at least $11.9 billion for NSF in FY
    2025. This aligns with the FY 2023 authorization for NSF in the CHIPs
    and Science Act. Thank you for your thoughtful consideration of this
    request.

        [This statement was submitted by Gil Nelson, Ph.D., President.]
                                     ______

                  Prepared Statement of The Nature Conservancy
        Chair Shaheen, Ranking Member Moran and members of the
    subcommittee, thank you for the opportunity to comment on the fiscal
    year 2025 (FY25) 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 to pass the
    bipartisan Infrastructure Investment and Jobs Act (IIJA) and Inflation
    Reduction Act (IRA). Those bills' investments complement but do not
    supplant the need for ongoing program funding through the
    appropriations process. The subcommittee acknowledged that when it
    rejected proposed funding cuts and provided moderate but necessary
    program increases for NOAA in the FY24 omnibus spending bill.
        Unfortunately, the FY25 NOAA budget request includes many
    additional proposed cuts, mainly for grant funding. This funding
    supports many state, territory, Tribal, university, industry and non-
    governmental organization partnerships with NOAA to collaboratively
    deliver necessary programs and services. Many of these partnerships are
    ongoing efforts such as the State and territory cooperative agreements
    to manage coral reefs. Others fill critical gaps in the agency's
    science capacity, such as the fisheries cooperative research with
    industry that helps address the shortfall in NOAA's fishery survey
    vessels' available days at sea. These efforts are not new projects that
    could be deferred. The proposed cuts to these programs would undermine
    ongoing science and management efforts at the core of our coastal
    economies. Each year, ocean and coastal economies contribute $304
    billion to the Nation's GDP and support 3.3 million jobs, some of these
    jobs are directly funded by the programs proposed for funding decreases
    or termination.
        NOAA's funding helps catalyze local and regional action to reduce
    risk and save money based on tangible economic and societal benefits of
    natural resources. We recognize the significant fiscal constraints
    under which the Committee is operating. Our requests below were
    developed with this in mind and represent prudent investments in our
    communities.
                             national ocean service
        Title IX Fund--National Coastal Resilience Fund Grants.--We urge
    Congress to reject the Administration's proposal to terminate this
    funding and provide no less than $34 million. This would restore the $2
    million cut made in FY24 appropriations. We appreciate that this cut
    was made in a constrained fiscal environment and the program received
    supplemental funding from Congress in IIJA. However, demand for this
    funding far exceeds available funding at a time when the country is
    facing an increase in billion-dollar, climate-related disasters. The
    2022 combined competition generated requests for five times greater
    than the available funding. Reducing this funding would leave
    communities vulnerable to flooding and other disasters. The National
    Coastal Resilience Fund provides the resources and tools to help reduce
    the need for costly Federal disaster assistance later while also
    sustaining healthy fisheries, maintaining robust tourism and supporting
    other coastal industries.
        Coral Reef Conservation Program.--We urge Congress to reject the
    proposed $14 million decrease to the program and support no less than
    $34.5 million, a modest increase over the FY24 enacted level. Congress
    recognized the need for increased capacity by the States and
    territories to address ongoing decline in coral reefs when it provided
    for an increased authorization of appropriations in the recently passed
    Restoring Resilient Reefs Act. The proposed cut would eliminate the
    longstanding cooperative agreements with the States and territories
    that enable the partnership approach to coral reef conservation and
    management, including the new requirements enacted by Congress.
    Additionally, NOAA has recently announced that we are experiencing a
    global coral bleaching event and the proposed decrease would cut the
    National coral reef monitoring program in half just when we need it the
    most. This will help NOAA, States and territories, as well as
    community, research and non-governmental partners, address the
    continued decline of coral reefs. Cuts to this program would undermine
    these critical efforts.
        National Estuarine Research Reserve System (NERRS).--TNC supports
    no less than $35.3 million, a small increase over previously enacted
    level. NERRS partners with States and territories to ensure long-term
    education, stewardship and research on estuarine habitats. This funding
    would maintain the capacity of NERRS to conduct research and
    monitoring, and incorporate this research into training and technical
    assistance for local communities. It is important to not erode base
    funds for the existing reserves in order to fund the launch of the new
    Louisiana, Wisconsin and the U.S. Virgin Islands reserves.
        Sanctuaries and Marine Protected Areas.--TNC supports no less than
    $68 million, restoring the small cut enacted in FY24. We urge Congress
    to continue the funding necessary to support not only the current
    sanctuaries but also the community-led nominations for new sanctuaries
    that are being considered for designation through inclusive public
    processes. National marine sanctuaries support economic growth and
    hundreds of coastal businesses in sanctuary communities, preserve
    vibrant underwater and maritime treasures and provide critical public
    access for more than 42 million visitors annually.
        Coastal Zone Management and Services.--TNC supports funding of no
    less than the FY24 enacted level of $51.22 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 for the Digital Coast Partnership, at no
    less than the $3.5 million previously enacted, will support new and
    improved products, services and technical assistance to communities.
    Part of this effort will also support the development of the next
    generation of coastal managers through the Coastal Management and
    Digital Coast Fellows. Providing competitive salaries and expanded
    recruitment efforts will enhance the ability to reach underrepresented
    communities.
        Coastal Management Grants.--TNC supports funding of no less than
    the FY24 enacted level of $81.5 million for coastal zone management
    grants. TNC collaborates with State and territorial coastal programs
    around the country to meet multiple goals for coastal communities,
    including economic development, enhancement of public access and
    recreation, coastal resilience and conservation of coastal resources.
    IIJA provided temporary funding to support State and territorial
    coastal zone management projects. Continued funding for core grants is
    necessary to address the full suite of activities in the approved
    coastal programs and not reduce this critical state capacity.
                    national marine fisheries service (nmfs)
        Fisheries Management Programs and Services.--TNC urges Congress to
    reject NOAA's proposed cuts within this budget line and provide no less
    than $154.487 million, a modest increase above the FY24 enacted level.
    With a $214 billion fisheries and seafood sector, U.S. fishing
    communities rely on information from NOAA to make the most informed
    decisions on where, how and when to fish. Support for these efforts is
    necessary to recover overfished fish stocks so they can provide food
    and jobs. Due to fiscal constraints, the agency has unfortunately
    proposed offsetting an $2.812 million increase for management analyses
    and assessments needed to support critical offshore wind deployments
    with cuts of $2.875 million in bycatch engineering and reduction
    efforts and $1.850 million to electronic monitoring and reporting
    efforts supported by Congress in prior bills. We strongly support the
    agency's investment in offshore wind, but it must not come at the
    expense of necessary ongoing management efforts needed for sustainable
    fisheries.
        Fisheries Data Collections, Surveys and Assessments.--TNC urges
    Congress to reject NOAA's proposed cuts within this budget line and
    provide no less than $215.841 million, a modest increase above the FY24
    enacted level. NOAA has reported to Congress and the Regional Fishery
    Management Councils on the shortfall of available days at sea to
    conduct surveys and support stock assessments. NOAA has also reported
    on the need to conduct scientific survey mitigation efforts to support
    the necessary deployment of critical offshore wind installations.
    Unfortunately, due to fiscal constraints, the agency has proposed to
    offset the offshore wind survey mitigation by decreasing cooperative
    research with industry. These ongoing efforts to collect fishery-
    dependent data were initiated to fill some of the existing survey gaps
    and the proposed $9.831million cut would undermine the effectiveness of
    fisheries management and erode community support for necessary
    conservation measures. The other offset proposed by the agency would
    eliminate $1.2 million in ongoing efforts related to electronic
    monitoring and reporting that has been supported by Congress in prior
    appropriations. We strongly support the agency's proposed increase of
    $9.99 million for offshore wind scientific mitigation surveys, but it
    must not replace equally critical science to support fisheries.
        Habitat Conservation and Restoration.--TNC urges Congress to reject
    the agency's proposed reduction of funding of $7.0 million and provide
    no less than $56.684 million. While habitat restoration activities did
    receive a temporary increase through IIJA, demand for this funding far
    exceeds even this increased amount. The second round of competitive
    transformational habitat grants received proposals asking for more than
    10 times the available funding. These supplemental funds cover
    projects, but base program funding is necessary to support the timely
    implementation of those awards and the other critical core functions of
    the program including consultations under the Magnuson-Stevens Act and
    National Environmental Policy Act. This funding is also a reinvestment
    in our coastal economies as on average every $1 million invested in
    coastal restoration projects results in 15 jobs. For more complex
    projects that increases to 30 jobs.
        Fisheries and Ecosystem Science Programs and Services.--TNC
    supports no less than $170.648 million, consistent with the FY25 NOAA
    request. There is a high correlation between good information about the
    status of a fish stock and the effectiveness of management for
    sustainable and profitable fisheries. Outdated data systems are slow,
    expensive and prone to errors and gaps. Congress has recognized the
    need for NOAA to modernize its fisheries data management systems and
    has required the agency to develop a national strategic plan to advance
    these efforts in previous bills. This work will enable more complex and
    complete analyses for fisheries management and its intersection with
    increased efforts to deploy needed offshore wind energy. The NOAA FY25
    request provides a modest increase to address funding shortfalls needed
    to support this work.
        Observers and Training.--We recommend supporting funding for
    Observers and Training at no less than $59.067 million, consistent with
    FY25 requested level. We recommend that within this amount you ensure
    coverage of industry and agency costs for 100% at-sea monitoring in the
    New England multispecies fishery. We appreciate Congress' continued
    support of this funding, however, recent report language that set aside
    $5.5 million to cover industry costs has led to the unanticipated
    situation where there was a surplus of funds to cover the industry
    costs but insufficient funds to cover agency implementation at the 100%
    monitoring rate. We request you include report language that makes
    clear that any funding available after industry costs are covered can
    be used for agency implementation to get to that 100% coverage rate.
        Marine Mammals, Sea Turtles, and Other Species.--TNC urges Congress
    to reject NOAA's proposed cuts within this budget line and provide no
    less than $182.654 million. NOAA has reported to Congress on the need
    for increased funding for reviews and assessments related to marine
    mammals to support the deployment of offshore wind efforts. We support
    the agency's proposal to increase funding by $5.545 million for this
    purpose, however, we do not support the proposed offsets within this
    budget line. We ask you to reject the proposal to eliminate the $4.5
    million for Prescott marine mammal stranding grants at a time when we
    are seeing multiple strandings and entanglements. We ask you also to
    reject cutting $2.69 million for ongoing efforts that aim to avoid
    harmful interactions and support rebuilding depleted marine mammal
    populations.
        Pacific Coastal Salmon Recovery Fund (PCSRF).--TNC supports no less
    than the FY24 enacted 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 as
    well as conservation, business, and community organizations.
        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, U.S. Federal
    Water Policy Team Lead.]
                                     ______

              Prepared Statement of New England Innocence Project
        Thank you, Chair Shaheen, Ranking Member Moran, and members of the
    subcommittee. My name is Stephanie Roberts Hartung, and I serve as a
    Senior Staff Attorney at the New England Innocence Project (NEIP).
    Prior to joining NEIP's staff in 2022, I was a law professor in Boston
    for 19 years, studying the causes of wrongful convictions and the
    procedural barriers that make remedying them so challenging. On behalf
    of NEIP and as a member of the Innocence Network, a coalition of more
    than 70 local innocence organizations that work 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 FY24. Thank you also for
    allowing me to submit written testimony for the record as you consider
    appropriations requests for FY25. I urge you to please increase funding
    for the following programs at the Bureau of Justice Assistance at the
    Department of Justice and at the National Institute of Standards and
    Technology at the Department of Commerce, including:

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

        The innocence programs at DOJ and forensic science programs at NIST
    increase the fairness and accuracy of the criminal legal system;
    highlight 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. This dramatic increase is in part a result of
    the Federal decision to support these programs to help ensure the
    accuracy and integrity of the criminal legal system.
        2023 set the record for the highest number of years individuals
    lost to being wrongfully convicted--an average of 14.6 years per
    exoneree. Almost 32,000 life years have been lost to wrongful
    incarceration. The National Registry of Exonerations currently lists
    more than 3,500 exonerations since 1989. More than 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.
        The New England Innocence Project (NEIP), headquartered in and
    serving Massachusetts, is the only innocence organization serving
    Vermont, Maine, Rhode Island, and New Hampshire. Federal DOJ innocence
    grant funds have helped expand its reach into States that have had
    insufficient resources to meet their needs. In fact, as a direct result
    of a grant supported by FY21 funding, NEIP has begun litigating its
    first case in New Hampshire, a State that has not experienced robust
    post-conviction litigation to date. This grant funding has been
    extended through June of 2024 and has provided critical support for
    ongoing litigation efforts, most recently with the State's Attorney
    agreeing to post-conviction DNA testing last month, on the eve of a
    scheduled week-long evidentiary hearing with multiple defense experts.
    With the support of Federal funds, NEIP has provided direct
    representation and/or support that has resulted in 18 exonerations over
    the past 18 years. Five recently released exonerees collectively spent
    almost 200 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, a reentry support project lead and
    run by exonerees, including establishing a new peer-to-peer mentor
    program and providing housing upon release; (2) conducted numerous
    trainings and presentations 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 a social worker to support exonerees upon reentry
    and an attorney to 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 significant work and
    thousands of hours and dollars to adequately investigate and litigate.
    During this time period in which innocent people are languishing behind
    bars, they are losing precious time with their families and communities
    that can never be recovered, and also costing the state tens of
    thousands of dollars per year for each person who is wrongfully
    convicted and incarcerated.
        Freeing innocent individuals and preventing wrongful convictions
    also highlights the ways that the criminal legal system fails to
    provide 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.
        The value of Federal innocence programs and forensic science
    research is not only for exonerated people, but for all stakeholders in
    the criminal legal system. Significant funding cuts and caps to non-
    defense discretionary programs ultimately would increase costs,
    compromise public safety, and undo efforts to improve system accuracy,
    equity, and accountability to all stakeholders. Deep cuts to innocence
    programs and forensic science research would significantly reduce the
    identification, remediation, and prevention of wrongful convictions.
                       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 3,500 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.
        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 previous years, only a few local innocence organizations
    received Wrongful Conviction Review funding during each grant cycle.
    Even with the FY23 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 local 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 $15 million for the Wrongful Conviction
    Review Program in FY25. (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 FY25 report for the Commerce,
    Justice, Science, and Related Agencies Appropriations bill the final
    FY24 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 success of this
    program has been both generating individual exonerations while
    supporting broader system review and reforms when problems arise.
        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 commit many additional violent
    offenses, most occurring while Mr. Haynesworth was wrongfully
    incarcerated. Given the importance of this program to both innocent
    individuals and public safety, I urge you to provide the $15 million to
    continue the work of the Bloodsworth Post-Conviction DNA Testing
    Program in FY25.
                          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 the identification, correction,
    and prevention of wrongful convictions. If you have questions or need
    information, please contact Jenny Collier, Federal Policy Advisor to
    the Innocence Project, at jcollier@colliercollective.org.
                                     ______

                   Prepared Statement of The Nez Perce Tribe
        The Nez Perce Tribe (Tribe) appreciates the opportunity to provide
    written testimony to the Committee as it evaluates and prioritizes FY
    2025 appropriations for the Department of Commerce and the Department
    of Justice. This testimony addresses spending allocations for the
    Pacific Coastal Salmon Recovery Fund and Salmon Management Activities
    within the National Oceanic and Atmospheric Administration (NOAA), and
    funding or set-asides for the grants provided to Tribes within the
    Department of Justice.
        The Tribe is a Federally-recognized Indian Tribe with Treaty-
    reserved fishing, hunting, gathering, and pasturing rights in the Snake
    River and Columbia River basins. In its 1855 Treaty, the Tribe
    reserved, and the United States secured, ``the right of taking fish at
    all usual and accustomed places in common with citizens of the
    Territory; and of erecting temporary buildings for curing, together
    with the privilege of hunting, gathering roots and berries, and
    pasturing their horses and cattle upon open and unclaimed land.'' \1\
        The Tribe desires that all species and populations of anadromous
    and resident fish and their habitats be healthy and harvestable
    throughout the Tribe's usual and accustomed fishing places. The Tribe
    has long had an interest, and played an active role, in restoring
    anadromous and resident fish runs-including fall and spring Chinook,
    steelhead, sockeye, lamprey, bull trout, and white sturgeon-throughout
    all of the areas where the Tribe reserved Treaty fishing rights. The
    Tribe is involved in these efforts to protect implementation of Treaty
    rights, to restore species and conditions consistent with the Treaty,
    and to protect the long-term productivity of their natural resources.
        The Tribe's Department of Fisheries Resources Management (DFRM) is
    one of the largest and most successful Tribal fisheries programs in the
    United States,\2\ with offices located at Lapwai, Sweetwater, Orofino,
    McCall, Powell, and Grangeville, Idaho, as well as Joseph, Oregon. The
    DFRM has an annual operating budget of over $22 million and employs 190
    Tribal and non-Tribal employees, 150 of whom are full-time.
        The DFRM manages its own salmon fish hatchery at Cherrylane, Idaho,
    as well as 10 acclimation sites in Idaho and Oregon. In addition, the
    DFRM manages Kooskia National Fish Hatchery and Dworshak National Fish
    Hatchery. The DFRM also coordinates with the Idaho Department of Fish
    and Game and the U.S. Fish and Wildlife Service on production from
    other salmon and steelhead hatcheries throughout Idaho. The Tribe is
    committed to this work and requests that the United States properly
    fund the programs that are an instrumental part of the overall work on
    fish recovery.
                      pacific coastal salmon recovery fund
        The Pacific Coastal Salmon Recovery Fund (PCSRF) was established by
    Congress in FY 2000 to protect, restore, and conserve Pacific salmonids
    and their habitats across rivers, watersheds, and coastal habitats in
    western States. The congressionally-authorized activities that were
    funded under the PCSRF program are focused on maintaining populations
    necessary for exercise of Tribal treaty fishing rights or native
    subsistence fishing. Since 2000, this program has compelled effective,
    collaborative approaches to salmon recovery across federal, State,
    local, Tribal, and private sector partners. In Washington, Oregon,
    Alaska, Idaho, California, and Nevada, PCSRF investments have
    contributed to over 15,942 projects and have helped restore more than
    12,043 miles of streams and over 1.2 million acres of fish habitat. An
    increased Federal investment of $70 million in FY 2025 is crucial to
    maintain this progress and to achieve the goal of full recovery and a
    healthy, sustainable Pacific salmon fishery.
        PCSRF has been used by the Tribe to restore coho (silver) salmon to
    the Tribe's Reservation in the Clearwater River, 500 miles from the
    ocean. Coho were extirpated from the Clearwater River over 40 years ago
    and most of these fish returned only as far as the lower Columbia
    River. Through the PCSRF (and Mitchell Act funds) the Tribe was able to
    rear and release almost one million coho into the Clearwater River,
    restoring their presence in the Snake River Basin. The Tribe views
    these returns as a tremendous success.
        In 2017, the Tribe worked with the Oregon Department of Fish and
    Wildlife and the Confederated Tribes of the Umatilla Indian Reservation
    to also have the first release of coho in the Lostine River, a
    tributary of the Grande Ronde River. After decades of extirpation,
    these fish are being restored to some of the best habitat in the
    Columbia River Basin. Continued funding for the operation of these
    hatchery supplementation efforts through PCSRF funding is needed to
    maintain the populations of most species of salmon and steelhead in
    this ``breadbasket'' of salmon habitat, located upstream of eight
    Columbia River dams.
                          salmon management activities
        The Mitchell Act provides for the conservation of the fishery
    resources of the Columbia River and is administered by NOAA's National
    Marine Fisheries Service. Funding for the Mitchell Act component of
    NOAA Fisheries supports the operations and maintenance of Columbia
    River hatcheries through grants and contracts to the States of
    Washington, Oregon, and Idaho, and to the U.S. Fish and Wildlife
    Service, to mitigate the loss of salmon on the Columbia and Snake
    rivers.
        The Tribe believes that an increase of $10 million over FY 2024 for
    FY 2025, as recommended in the Administration's budget request for
    Salmon Management Activities, is justifiable. The Mitchell Act allows
    Federal agencies to work with Oregon, Washington, Idaho, and the lower
    Columbia River Treaty Tribes to operate and maintain a series of fish
    hatcheries and passage facilities focused on improving declining and
    imperiled salmon and steelhead runs in the Columbia Basin, ensuring
    conservation of these critical natural resources, maintaining
    economically viable Tribal, commercial, and recreational fisheries, and
    providing prey for endangered Federal and State listed Southern
    Resident orcas.
        The Mitchell Act currently funds 60 programs that produce
    approximately 40 million fish annually, nearly 30 percent of the total
    salmon and steelhead production in the Columbia River Basin. The
    proposed FY 2025 increase is necessary to make up for over a decade of
    flat funding during a high inflationary period. As a result of this
    flat funding, the region's hatcheries have accrued a significant
    deferred maintenance problem. To address this and restore
    functionality, we are requesting an additional $220 million to address
    deferred maintenance. Without full funding of the Operations and
    Maintenance budget, hatcheries in the Pacific Northwest will begin
    closing and this mitigation obligation will go unmet. We also suggest a
    five percent limit on administrative costs from this line item.
        In addition, the Pacific Salmon Treaty is critical to meeting the
    provisions of the Federal Endangered Species Act, addressing Tribal
    fishing rights, and maintaining sustainable U.S. fisheries. This
    Treaty, signed by United States and Canada in 1985, provides a
    framework for the two countries to cooperate on the management of
    Pacific salmon. The Tribe supports $43.5 million for implementation of
    the Pacific Salmon Treaty.
        The importance of this funding cannot be overstated as the
    comprehensive, geographic nature of its application in the Pacific
    Northwest provides an integrated infrastructure for fish management. In
    addition, these funds allow for fish to be grown at other facilities
    that are used at Nez Perce Tribal production facilities. Other regional
    agencies also use the funds to grow fish that enhance Treaty fishing
    opportunities for Nez Perce Tribal members on the Columbia River.
        The Tribe recommends that pacific salmon in the National Marine
    Fisheries Service be funded at $96 million, with no less than $5
    million for a new line item for pinniped removal. Congress amended the
    Marine Mammal Protection Act to provide States and Tribes more
    flexibility to control pinnipeds like/including sea lions that are
    having a significant negative impact on ESA-listed salmon, steelhead,
    and sturgeon in the Columbia Basin. Federal funding is needed to
    augment State and Tribal funds to fully implement the program and
    reduce predation on ESA-listed species. This program also funds salmon
    and steelhead hatcheries and habitat restoration in the Columbia Basin.
             department of justice tribal assistance grant funding
        Providing law and order is one of the fundamental requirements of
    any functioning government. However, Tribes are limited in the
    resources available to commit to these programs as the United States
    has historically underfunded such programs in Indian Country. The Tribe
    relies on the grant programs of the Department of Justice to help grow
    the capacity of our Tribal Law and Order system.
        In order to provide law enforcement, victims services, and Tribal
    justice systems to Indian and non-Indian residents on the Reservation,
    the Tribe has relied on programs such as the Coordinated Tribal
    Assistance Solicitation grants program, the Tribal Juvenile Healing to
    Wellness Court program, the Comprehensive Tribal Victim Assistance
    Program, the Tribal Justice Systems Infrastructure Program, Violence
    Against Women Act programs, the Justice Systems and Alcohol and
    Substance Abuse program, and the Children's Justice Act Partnership
    program. These programs need to continue to be funded at the most
    robust level possible in FY 2025, given spending constraints.
        The Tribe recommends full funding for programs authorized under the
    Tribal Law and Order Act. The Tribe also recommends either continuation
    of funding for ``assistance to Indian Tribes'' at the level of $50
    million that was enacted in FY 2024 under the State and Local Law
    Enforcement Assistance account in the Office of Justice Programs (OJP),
    or inclusion of the President's requested seven percent Tribal set-
    aside of OJP funds. The set-aside would provide a substantial increase
    for these programs and is the preferred method of funding. Under either
    funding scenario in FY 2025, there needs to be flexibility provided in
    program funding so that the funding is not narrowly allocated to Tribes
    solely through competitive grant programs.
        The Tribe strongly supports the continuation of bill language
    contained in Section 510 of the FY 2024 Consolidated Appropriations Act
    that provided five percent from the Crime Victims Fund for grants to
    Indian Tribes through the Office for Victims of Crime to improve
    services for Native American victims of crime.
        Finally, the Tribe urges this Committee to fund the Tribal
    Resources Grant Program under the Office of Community Oriented Policing
    Services programs at $37 million and to maintain a level of $6 million
    for the Tribal Access Program. Both amounts are proposed in the
    Administration's FY 2025 budget request.
    ---------------------------------------------------------------------------
        \1\ Treaty with the Nez Perces, June 11, 1855, 12 Stat. 957. The
    Treaty with the Nez Perces, June 9, 1863, 14 Stat. 647, preserved the
    off-Reservation rights that the Tribe reserved in its 1855 Treaty.
        \2\ The Nez Perce Tribe's DFRM received the 2015 Honoring Nations
    award with high honors from The Harvard Project on American Indian
    Economic Development.
    ---------------------------------------------------------------------------
                                     ______

          Prepared Statement of Northwest Indian Fisheries Commission
        Chair Shaheen, Ranking Member 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 2025 (FY25) 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 harvest rights. 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 fy25 appropriations requests
      --$70.0 million 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
      --$33.5 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 FY24 enacted level 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 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 restrictions
    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. The program has restored and created 1.2 million acres of
    salmon habitat and has made over 11,800 stream miles accessible to
    salmon and steelhead 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 report language to ensure that this funding
    is set-aside within the Pacific Salmon account and that a portion of it
    continues to pass through to Tribes to develop--and importantly--
    implement approved HGMPs. We recommend that the overarching Pacific
    Salmon subactivity be funded at $91.0 million to accommodate this
    request, ensure maintenance of existing programs and support agency
    requests. This recommendation for the Pacific Salmon subactivity is
    $16.0 million above the FY24 enacted level of $75.0 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 federal,
    State and Tribal governments 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 FY25
    request of $43.5 million for the Pacific Salmon Treaty line within
    Salmon Management Activities, which is an increase of $2.5 million over
    the FY24 enacted level of $41.0 million.
        The FY25 request would support implementation of the National
    commitments in the renegotiated Pacific Salmon Treaty (PST) Annex
    Chapters. Funding will also decrease the litigation risk to Federal
    Biological Opinions that provide coverage for our fisheries under the
    Endangered Species Act (a lawsuit regarding the National Marine
    Fisheries Service Biological Opinion for Southeast Alaska has been
    filed in Federal court).
        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 $33.5 million for NOAA Mitchell Act Hatchery Programs (within
            NOAA--Salmon Management Activities)
        We respectfully request $33.5 million for the Mitchell Act Hatchery
    Programs consistent with the FY25 President's Budget Request, which is
    an increase of $10.0 million over the FY24 enacted level of $23.5
    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 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 fulfilling 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 Office of Juvenile Justice and Delinquency
                               Prevention (OJJDP)
        Chair Shaheen, Ranking Member Moran, and members of the
    subcommittee, my name is Derrell Frazier. I am a child of an
    incarcerated parent and in my professional position I serve as a
    Next100 policy entrepreneur at The Century Foundation.
        Decades of research have shown that incarcerating parents creates
    poor outcomes for children, with negative impacts spanning social and
    emotional development, health, education, changing caregivers,
    involvement in the foster care system, financial hardship, and housing
    instability. Yet more than 2.7 million children in the United States
    have an incarcerated parent. Fortunately, there are now successful,
    evidence-based alternatives to incarcerating parents, which provide
    children with greater stability and sense of belonging, ensure family
    success, reduce crime, and improve community health.
        To accomplish this goal, Advocates of carceral reform seek $10
    million for family-based alternative sentencing, currently funded
    through the Byrne Grant Program at the Office of Juvenile Justice and
    Delinquency Prevention (OJJDP) in the Department of Justice. Continued
    and expanded funding will enable State, local, and community agencies
    to replicate successful parenting sentencing alternative programs.
        Children of incarcerated parents represent one of the most
    vulnerable and marginalized demographics in our society. The trauma and
    stigma associated with parental incarceration can have profound and
    lasting impacts on their emotional, psychological, and academic well-
    being. Studies consistently demonstrate the increased likelihood of
    these children experiencing adverse outcomes, such as poor educational
    attainment, involvement in criminal activities, and intergenerational
    cycles of incarceration.
        The U.S. Dream Academy exemplifies the kind of values that should
    be the governing policy on the issue. The transformative power of
    intervention and support for children of incarcerated parents. By
    offering a safe and nurturing environment, mentorship, educational
    enrichment, and emotional guidance, organizations like the U.S. Dream
    Academy play a pivotal role in breaking the cycle of incarceration and
    empowering these children to realize their full potential. However, the
    scope and reach of such initiatives are often constrained by limited
    resources and funding. I have personally been impacted by the benefit
    of the services the U.S. Dream Academy offers as a child of an
    incarcerated parent. The U.S. Dream provided me with a safe space where
    i could naturally be myself and develop as a young person interested in
    education, the arts and social-emotional development.
        It is currently time to end unnecessary family separations by the
    criminal justice system. The United States incarcerates the parents of
    2.7 million children at this very moment. Over 10 million children and
    adult children have experienced parental incarceration in their
    lifetime. We know the following to be true:

      --Incarcerating parents creates poor outcomes for children and
            communities.
      --Parental incarceration disproportionately affects marginalized
            populations: Black children are seven times, and Latino/a
            children are two times, more likely to have a parent in prison
            than white youth.
      --Incarceration of parents creates substantial drops in income for
            families, increases anxiety, mental health difficulties, and
            reduces educational achievement.

        It is imperative to recognize the efficacy and importance of
    family-based alternative Sentencing programs in addressing the needs of
    children with incarcerated parents. Therefore, I propose that the
    subcommittee increase the allocation to $10 million to sustain and
    expand these initiatives under the Byrne Grant Program administered by
    the OJJDP. This funding would enable State, local, and community
    agencies to replicate and scale successful parenting sentencing
    alternative programs, thereby extending support to a larger number of
    families in need.
        Fortunately, we already know that programs like this one contribute
    significantly to ameliorating the problem. California, Illinois,
    Massachusetts, Tennessee, Oregon, and Washington have created
    successful programs that divert parents from receiving sentences. These
    programs provide eligible parents with community custody, including
    extensive programming and treatment, by providing stability to
    children, ensure family success, reduce crime, and increase community
    vibrancy. Washington State's program has a 71-percent successful
    completion rate. Only 8 percent of participants who successfully
    complete the program return to prison, compared to 30 percent for the
    overall offender population.
        By expanding access to supportive services and resources, we can
    break the cycle of intergenerational incarceration, promote positive
    outcomes for vulnerable youth, and build stronger, more resilient
    communities. As a beneficiary of the U.S. Dream Academy, I urge
    policymakers and stakeholders to prioritize the needs of these children
    and families by endorsing this proposal and ensuring the continuation
    of vital funding support.
        I want to thank the subcommittee for its past funding of family-
    based alternative sentencing programs. With the increase of interest
    from States, the time is ripe for Congress to offer guidance and
    support to States currently offering parental sentencing alternatives,
    as well as to invite States interested in offering new parental
    diversion programs to participate. We urge the subcommittee to support
    $10 million in funding for the program to help families stay together
    and ultimately to assist communities, children of incarcerated parents,
    and their families to have better, more successful outcomes Thank you
    also for your time and consideration of my testimony, and please do not
    hesitate to contact me at frazier@thenext100.org if you have questions
    or need additional information.
                                     ______

                Prepared Statement of 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. Our US Delegation urges the following continued support:

            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 2025
            funding of $43,500,000 to implement national commitments
            created by the Treaty. This represents no change from the FY
            2024 request.

        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.
        Recent increases in funding are greatly appreciated, however
    current funding still falls short of what the U.S. Section estimates is
    needed to fully implement the revised Annex Chapters to the 1985 U.S./
    Canada 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 2025. 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 $5,650,000 for habitat
    restoration for Puget Sound critical stocks, $750,000 for Southeast
    Alaska Chinook Salmon Fishery Mitigation, and $3,946,000 to increase
    prey availability for Southern Resident Killer Whales. The recommended
    funding includes $6,370,000 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 is funded at
    $475,000 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
    several 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 represented
    the combined efforts of the participants to ensure healthy salmon
    populations. The current Annex Chapters require commitments to increase
    efforts to improve upon current management strategies for numerous
    salmon populations. The United States and Canada are entering
    negotiations to revise the Annex Chapters to the Pacific Salmon Treaty
    with the intent of continuing to provide for fishing opportunities on
    healthy salmon populations, while conserving underescaped populations,
    in the face of challenges in a changing environment.
        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
    want 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 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 2025, we urge the subcommittee to recommend the
    following funding levels for these agencies: Census Bureau, $2 billion;
    NSF, $11.9 billion; NIJ, $60 million; and BJS, $75 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 individual, societal, and environmental causes and
    consequences of population change. Population scientists, including
    demographers, economists, sociologists, epidemiologists, 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. They 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.
        As you know, the U.S. Census Bureau received $1.382 billion in the
    final FY 2024 appropriations measure, an amount below both the agency's
    FY 2023 enacted level and the President's FY 2024 request. We are more
    than a third of the way through the lead up to the 2030 Census, which
    means funding should be trending upwards. Census stakeholders are
    concerned that the funding trajectory is moving in the wrong direction
    if we want to ensure an accurate, inclusive, cost-efficient 2030
    Census.
        PAA and APC urge the subcommittee to provide the Census Bureau with
    $2 billion in FY 2025 as recommended by The Census Project. In FY 2025,
    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 2025 funding recommendation 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:

      --American Community Survey.--The American Community Survey (ACS)
            represents one of the most significant innovations in the
            history of the Census Bureau. When launched in 2005 it replaced
            the once-a-decade decennial ``long form'' with an annual survey
            providing estimates for every community in the country every
            year on measures of ancestry, citizenship, educational
            attainment, income, language proficiency, migration,
            disability, employment, housing characteristics, and more.
            These data are extensively used by those in public, private,
            and not-for-profit sectors to allocate funding, measure
            shifting demographics, plan for local services, and to inform
            investments by businesses large and small. Sent to roughly 3.5
            million addresses annually, it is the largest household survey
            that the Census Bureau administers.
          Census stakeholders and data users 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. A 2022 independent report (revised
            and reissued in 2023 and 2024) from 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 Decennial Census Preparations.--The President's Budget
            proposes $654 million, an increase of $29 million from FY 2023
            enacted levels, to support 2030 Census preparations. FY 2025 is
            a pivotal year, marking the midpoint in the decade-long
            planning process for the 2030 Census. In FY 2025, the 2030
            Census will complete its first major milestone, the selection
            of an operational design. Further, important progress must be
            made towards planning the 2026 Census Test. To ensure the 2030
            Census is conducted in an inclusive, accurate, and cost-
            effective manner, the Census Bureau needs robust funding now.
            Funding shortfalls at this point in the last decade forced the
            Bureau to scale back strategic field tests-a decision that may
            have contributed to the less accurate counts of racial and
            ethnic populations, rural areas, and young children in the 2020
            Census. Investing in the 2030 Census now will allow the Bureau
            to sustain essential capabilities and schedules and reduce the
            risk of requiring unplanned, additional funding in the peak
            planning years later in the decade. While the President's
            request proposes an increase to support 2030 preparations, our
            organizations urge the subcommittee to scrutinize the Bureau's
            recommendation to determine if the funding level is sufficient
            to fully support activities that the agency must pursue in FY
            2025 to ensure the future success and cost-efficiency of the
            2030 Census.
      --Prioritizing the Survey of Income and Program Participation
            (SIPP).--Policymakers, particularly in this volatile economy,
            need high quality, accurate data to assess the impact of
            government assistance programs on families and communities.
            SIPP is designed to achieve that goal, yet its funding has
            fluctuated routinely. In 2023, the Census Bureau announced its
            intent to cut the SIPP sample size permanently by 34 percent,
            alarming data users and stakeholders alike who believed this
            action would degrade the reliability and utility of SIPP data
            and impede their ability to make meaningful comparisons between
            demographic or geographic subpopulations. Data users and
            stakeholders argued that the Bureau should reverse course by
            restoring the survey's sample size and tackling the other big
            challenge facing the survey: declining response rates. PAA and
            APC are pleased that the President's budget proposes additional
            funding to restore the SIPP sample size. We urge the
            subcommittee to ensure this funding emerges in the FY 2025 CJS
            bill and to provide additional funding to that would enable the
            Bureau to pursue other necessary innovations, such as improving
            the accuracy of month-by-month data and creating an Internet
            response option.

        In sum, PAA and APC join other census stakeholders in urging the
    subcommittee to provide the Census Bureau with $2 billion in FY 2025 to
    not only fund initiatives outlined in the President's FY 2025 budget
    request, but also to support additional activities that would benefit
    the ACS, 2030 Census preparations, and SIPP.
                       national science foundation (nsf)
        For over 75 years the mission of NSF has been to promote the
    progress of science; to advance the Nation's health, prosperity, and
    welfare; and to secure the National defense. 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. The NSF Directorate of Social,
    Behavioral, and Economic (SBE) Sciences funds approximately 65 percent
    of basic, university-based social and behavioral sciences research in
    the Nation.
        Understanding the implications of complex population dynamics is
    vital to the agency's mission, and in particular the SBE Directorate,
    which is the primary source of support for the population sciences
    within the NSF. Within its Research Infrastructure in the Social and
    Behavioral Science Program, the SBE Directorate funds critical large-
    scale longitudinal surveys, such as the Panel Study of Income Dynamics
    and General Social Survey, which inform pressing policy decisions and
    provide empirical evidence to help policymakers formulate effective
    decisions. The Directorate also participates in cross-cutting,
    interdisciplinary initiatives of interest to population scientists,
    such as the Confronting Hazards, Impacts, and Risks for a Resilient
    Planet initiative and the Centers of Research Excellence in Science and
    Technology program.
        PAA and APC, as members of the Coalition for National Science
    Funding (CNSF), are concerned that the FY24 level of funding for NSF
    fell far below our Nation's competitiveness needs, leaving the agency
    to contend with an almost 8 percent cut in funding as compared to FY
    2023. We urge the subcommittee to restore strong support for the agency
    and provide NSF with $11.9 billion in FY 2025. This amount, which is
    approximately $1.7 billion above the President's FY 2025 request,
    aligns with the FY 2024 authorization level mandated in the CHIPS and
    Science Act of 2022 (Public Law 117-167).
        The overall funding level we are recommending will enable the NSF
    SBE Directorate to continue its support of social science surveys and a
    robust portfolio of population research projects. Increased funding in
    FY 2025 will also 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 Friends of Justice 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 $75 million and NIJ with $60 million in FY 2025.
        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 H. Mitchell, Director,
    Government and Public Affairs.]
                                     ______

     Prepared Statement of John Snook, Chief Policy Officer Meadows Mental
                            Health Policy Institute
        Thank you, Chair Shaheen, Ranking Member Moran, and members of the
    subcommittee for this opportunity. My name is John Snook, and I am the
    Chief Policy Officer for the Meadows Mental Health Policy Institute. I
    am pleased to provide this testimony in support of robust funding for
    Law Enforcement De-Escalation Training Act activities within the
    Department of Justice's Community Oriented Policing Services (COPS)
    office and the Edward Byrne Memorial Justice Assistance Grant (Byrne-
    JAG) program.
        Established in 2014, the independent, nonpartisan Meadows Mental
    Health Policy Institute works at the intersection of policy and
    programs to create equitable systemic changes so all people in Texas,
    the Nation, and the world can obtain the health care they need. With
    offices in Austin, Dallas, Houston, and San Antonio, and projects in
    every region of the State of Texas, the Institute has become Texas's
    most trusted source for results-oriented information and analysis of
    effective and efficient mental health policy and programs. The Meadows
    Institute's Center for Justice and Health specifically is focused on
    justice, safety, and wellbeing for people with complex behavioral
    health conditions. One of the Center's areas of focus is transforming
    the culture of crisis response. This effort seeks to develop, deploy,
    evaluate and expand mental health emergency response to ensure that
    mental health crises can be safely and swiftly identified at the point
    of call, reducing the likelihood of arrest and incarceration.
        Police are often on the front lines of behavioral health crises.
    Studies estimate that as many as seven to 10 percent of law enforcement
    encounters involve persons experiencing serious mental illnesses,\1\
    while officers spend one-fifth of their time responding to and
    transporting people with mental illness.\2\ Too often, those encounters
    end in tragedy; people with mental illness are nearly 11 times more
    likely to be injured \3\ and 16 times more likely to be killed in an
    encounter with law enforcement than other members of the general
    population.\4\
        Navigating an encounter with a person experiencing a behavioral
    health crisis can be challenging, but there are solutions that can
    protect the safety of people in crisis, law enforcement officers, and
    bystanders. De-escalation tactics; alternatives to use of force;
    trainings on safely responding to mental, behavioral, and suicidal
    crises; and engaging people successfully prior to the point of crisis
    can fundamentally reshape crisis response and the ultimate outcomes.
        The statutory definition of de-escalation comes directly from the
    National Consensus Policy and Discussion Paper on Use of Force,\5\
    which was developed by the FOP and IACP, and endorsed by nine other
    major law enforcement organizations. As the 988 Suicide and Crisis
    Lifeline approaches the 2-year mark since its nationwide launch, and
    communities across the Nation embrace new strategies to respond to
    mental health crises, it is more important than ever to ensure law
    enforcement has access to the training and resources they need when
    encountering persons experiencing mental illness and that those efforts
    are well coordinated with behavioral health agencies.
        The Law Enforcement De-Escalation Training Act (Public Law 117-325)
    codified a collaborative approach to provide appropriate training for
    law enforcement personnel. Specifically, the act:

      --Requires the Department of Justice, through the Community Oriented
            Policing Services (COPS) office, to collaborate with State and
            local law enforcement agencies, professional law enforcement
            organizations, law enforcement labor organizations, and mental
            health organizations in the local community develop or identify
            and distribute existing curricula
      --Creates and authorizes funding for a new Law Enforcement Training
            Program for de-escalation training, including scenario-based
            exercises and evaluative assessments, through the Edward Byrne
            Memorial Justice Assistance Grant (JAG) program, and
            distributes funding to the States on a formula basis
      --Requires the National Institute of Justice (NIJ) and the Government
            Accountability Office (GAO) to evaluate program implementation
            and impact, and identify possible improvements

        The first phase of implementation following the bill's enactment in
    December 2022 has been focused on developing and identifying curricula.
    Beginning in FY2025, in addition to continuing to build the curricula,
    funding can be distributed to States through Byrne-JAG to begin the
    actual training of law enforcement personnel.
        I respectfully request that the FY2025 bill include $10 million for
    COPS to continue to identify best practices in de-escalation training,
    develop appropriate training curricula, and to support nationwide
    train-the-trainer trainings; and $40 million for Byrne-JAG to implement
    the Law Enforcement Training program through the States.
        Again, thank you for the opportunity to provide this feedback as
    part of the subcommittee's FY2025 process, and thank you for your
    service to our Nation.
    ---------------------------------------------------------------------------
        \1\ Stephanie Franz & Randy Borum borum@fmhi.usf.edu (2011) Crisis
    Intervention Teams may prevent arrests of people with mental illnesses,
    Police Practice and Research, 12:3, 265-272, DOI: 10.1080/
    15614263.2010.497664.
        \2\ Treatment Advocacy Center (2019). Road Runners. The Role and
    Impact of Law Enforcement in Transporting Individuals with Severe
    Mental Illness. A National Survey. Retrieved from
    www.TreatmentAdvococayCenter.org/Road-Runners.
        \3\ Laniyonu, A., Goff, P.A. Measuring disparities in police use of
    force and injury among persons with serious mental illness. BMC
    Psychiatry 21, 500 (2021). https://doi.org/10.1186/s12888-021-03510-w.
        \4\ Fuller, D. A., Lamb, H. R., Biasotti, M., & Snook, J. (2015).
    Overlooked in the undercounted: The role of mental illness in fatal law
    enforcement encounters. Treatment Advocacy Center, 1-27.
        \5\ https://www.theiacp.org/resources/document/national-consensus-
    policy-and-discussion-paper-on-use-of-force.
    ---------------------------------------------------------------------------
                                     ______

          Prepared Statement of Project On Government Oversight (POGO)
    Dear Chair Shaheen and Ranking Member Moran:

        The Project On Government Oversight (POGO) is a nonpartisan
    independent watchdog that champions reforms to achieve a more
    effective, ethical, and accountable Federal Government that safeguards
    constitutional principles. POGO submits the enclosed requests for
    funding and report language to be included in the fiscal year 2025
    Commerce, Justice, Science, and Related Agencies appropriations bill.
        Thank you for considering these proposals to strengthen government
    accountability and oversight.
        requesting $2 billion to fund the u.s. census bureau in fy 2025
        Appropriations Committee: Commerce, Justice, Science, and Related
    Agencies
        Agency: U.S. Census Bureau
        Type of Request: Funding request
    Background:
        In addition to congressional apportionment, data from the decennial
    census helps direct trillions of dollars in Federal assistance to
    States and communities.\1\ Those funds are used for building and
    maintaining hospitals, roads, schools, and housing; supporting
    veterans; feeding children and families; fostering economic
    development; and more.\2\ The census needs to be adequately funded--
    every year--to ensure an accurate and complete count of those served by
    these investments. Fiscal year 2025 is the first year of the
    development and integration phase of the 2030 Census, when initial
    tests of field operations are conducted.\3\ These operations are
    essential to a successful Census in 2030.
        The Census Bureau's Post-Enumeration Survey found 14 States had
    statistically significant errors in the statewide populations counted
    for the 2020 decennial census.\4\ The implications of miscounts are
    wide ranging. Undercounts can mean that States and communities receive
    insufficient funding for Federal programs, and overcounts could result
    in communities being misclassified and missing out on Federal programs
    entirely.\5\
        Critically, there is real overlap between the target communities
    for many Federal programs and the populations that the Census Bureau
    has historically found hard to count, which include people of color,
    people in low-income communities, people experiencing homelessness,
    immigrants, people with disabilities, and LGBTQ+ people.\6\ Adequately
    funding the Census Bureau in the years between each decennial census
    will allow it to ensure the count is accurate, reduce government waste,
    and appropriately assist the communities Congress intends to support.
    Proposed Funding:
        To fulfill its mission and pursue other essential operational
    innovations, the Project On Government Oversight recommends Congress
    provide the U.S. Census Bureau with $2 billion in fiscal year 2025.
    data collection on facial recognition technology use by state and local
                            law enforcement agencies
        Appropriations Committee: Commerce, Justice, Science, and Related
    Agencies
        Agency: Department of Justice, Bureau of Justice Assistance
        Type of Request: Report Language
    Background:
        The proliferation of facial recognition technology alongside rapid
    advancements in artificial intelligence raises concerns about the
    disparate impact of the deployment and use of this technology,
    particularly in historically marginalized communities around the
    country. On May 25, 2022, President Biden signed Executive Order 14074
    on ``Advancing Effective, Accountable Policing and Criminal Justice
    Practices to Enhance Public Trust and Public Safety,'' which included
    provisions requiring the Attorney General, Secretary of Homeland
    Security, and Director of the Office of Science and Technology Policy
    (OSTP) to jointly develop a report assessing law enforcement agencies'
    use of facial recognition technology, other technologies using
    biometric information, predictive algorithms, data storage, and access
    regarding such technologies.\7\ The scope of the forthcoming report is
    anticipated to only address Federal law enforcement use of these
    technologies. For a full examination of the use of facial recognition
    technology, it is important to acquire data on the State and local law
    enforcement agencies that use Department of Justice funds to deploy and
    use the technology.
    Proposed Report Language:
        Not later than 180 days after the enactment of this act, the
    Department of Justice shall provide a detailed public report on the use
    of Department of Justice funds by State and local law enforcement
    agencies to purchase and use facial recognition technology, as well as
    contracts with entities that provide access to facial recognition
    technology. The report shall also include a list of agencies that have
    used Department of Justice funds on facial recognition technology. It
    shall include the aggregate total of Department funds, as well as
    individual total costs by State and local law enforcement agencies used
    to purchase and use the technology as well as cost of any contracts
    providing access to the technology.
                 death in custody reporting act implementation
        Appropriations Committee: CJS
        Agency: Department of Justice
        Type of Request: Report Language
    Background:
        Congress reauthorized the Death in Custody Reporting Act (DCRA) in
    2014, directing the Department of Justice to collect data on deaths
    that occur in the custody of local, State, and Federal law enforcement
    and corrections agencies.\8\ DCRA also instructed the Attorney General
    to submit, within 2 years, a report to Congress analyzing that data and
    proposing ways to reduce deaths in custody, and it allows the Attorney
    General to reduce the Byrne Justice Assistance Grant allocations to
    noncompliant States. The following language was enacted in the fiscal
    year 2023 CJS explanatory statement:

            Death in Custody Act [DCRA] Reporting.-Within 90 days of
            enactment of this act, the Attorney General shall submit a
            report outlining the Department's plans to implement the DCRA.
            The report shall address the quality of the data the Department
            has collected to date and consider ways to improve the quality
            and transparency of future data collected, including
            implementing DOJ's 2016 proposed collection plan. It shall also
            include a timeline for the public release of the report
            required by the DCRA.\9\

        In September 2022, the Government Accountability Office found that
    the Justice Department's fiscal year 2021 data on state deaths was
    missing nearly 1,000 deaths that were reported in public sources, and
    that over two-thirds of all records collected under DCRA were missing
    required information.\10\ There has been no public update on data
    quality and compliance since then. However, reporting has suggested
    that deaths in custody are frequently miscategorized in ways that
    obscure the true series of events leading to those deaths.\11\ It is
    crucial for Congress to continue engaging with the Justice Department
    to ensure that DCRA is fully complied with and yields accurate
    information to facilitate efforts to prevent deaths in custody.
    Proposed Report Language:
        Death in Custody Act [DCRA] Reporting.-Within 90 days of enactment
    of this act, the Attorney General shall submit a report outlining the
    Department's progress in implementing the DCRA. The report shall
    include an assessment of the compliance rate in fiscal years 2022 and
    2023 for both the Bureau of Justice Statistics and Bureau of Justice
    Assistance DCRA reporting programs. It shall also report on the
    Department's efforts to ensure the accuracy of data submitted under the
    DCRA, with particular attention to measures to ensure that causes of
    death are properly categorized.
    ---------------------------------------------------------------------------
        \1\ Sean Moulton, Project On Government Oversight, Dollars and
    Demographics: How Census Data Shapes Federal Funding Distribution
    (September 11, 2023), https://www.pogo.org/reports/dollars-and-
    demographics-how-census-data-shapes-federal-funding-distribution.
        \2\ U.S. Census Bureau, ``Census Bureau Data Guide More Than $2.8
    Trillion in Federal Funding in Fiscal Year 2021,'' Press Release CB23-
    102, June 14, 2023, https://www.census.gov/newsroom/press-releases/
    2023/decennial-census-federal-funds-distribution.html; Moulton, Dollars
    and Demographics: How Census Data Shapes Federal Funding Distribution,
    [see note 1].
        \3\ U.S. Government Accountability Office, 2020 CENSUS: Lessons
    Learned from Planning and Implementing the 2020 Census Offer Insights
    to Support 2030 Preparations, GAO-22-104357 (February 2022), 4, https:/
    /www.gao.gov/assets/720/719018.pdf.
        \4\ America Counts Staff, ``2020 Census Undercounts in Six States,
    Overcounts in Eight,'' U.S. Census Bureau, May 19, 2022, https://
    www.census.gov/library/stories/2022/05/2020-census-undercount-
    overcount-rates-by-state.html.
        \5\ Moulton, Dollars and Demographics: How Census Data Shapes
    Federal Funding Distribution, [see note 1].
        \6\ Moulton, Dollars and Demographics: How Census Data Shapes
    Federal Funding Distribution, [see note 1].
        \7\ Executive Order No. 14074, 87 Fed. Reg. 32945 (May 25, 2022),
    https://www.
    federalregister.gov/documents/2022/05/31/2022-11810/advancing-
    effective-accountable-policing-and-criminal-justice-practices-to-
    enhance-public-trust-and.
        \8\ Death in Custody Reporting Act, Pub. L. 113-242, 128 Stat. 2860
    (2014).
        \9\ Senate Appropriations Committee, ``Explanatory Statement for
    Commerce, Justice, Science, and Related Agencies Appropriations Bill,
    2023,'' 79, https://www.appropriations.senate.gov/imo/media/doc/
    CJSFY23RPT.PDF.
        \10\ Government Accountability Office, Deaths in Custody:
    Additional Action Needed to Help Ensure Data Collected by DOJ are
    Utilized, GAO-22-106033 (September 20, 2022), https://www.gao.gov/
    assets/d22106033.pdf.
        \11\ Tirzah Christopher, ``There is little scrutiny of 'natural'
    deaths behind bars,'' NPR, January 2, 2024, https://www.npr.org/2024/
    01/02/1219667393/there-is-little-scrutiny-of-natural-deaths-behind-
    bars.

        [This statement was submitted by Faith Williams, Director,
    Effective and Accountable Government.]
                                     ______

       Prepared Statement of Regional Information Sharing Systems (RISS)
                                    Program
        For more than 50 years, law enforcement and public safety agencies
    have turned to the Regional Information Sharing Systems (RISS) Program
    for secure, cost-effective, innovative, trusted, and evidence-based
    services and resources. Some agencies, especially small, rural, and
    Tribal agencies, cannot obtain the types of support and services
    provided by RISS anywhere else. RISS helps connect officers across
    jurisdictions to identity new investigative leads and links, solve
    crimes, promote officer safety, and aid in successful case resolution.
    The RISS services and resources are needed now more than ever as our
    Nation witnesses an unprecedented and elevated threat from terrorism
    with increased rhetoric and calls for attacks from foreign terrorist
    organizations. At the same time, cities and towns across the country
    are grappling with increased incidents of hate crimes, threats from the
    border, violent gangs, human trafficking, the ongoing fentanyl crisis,
    and the persistent threat from cybercriminals. RISS must be not only
    sustained but expanded so RISS can continue to meet the ever-changing
    needs of law enforcement and help safeguard our communities. RISS is a
    proven resource for law enforcement. It is respectfully requested RISS
    be funded in FY2025 at $55 million.
        RISS is composed of six regional centers and the RISS Technology
    Support Center (RTSC). RISS is locally managed by policy board members
    consisting of police chiefs, sheriffs, and other law enforcement
    leaders in each RISS Center's multistate region. An executive director
    operates each RISS Center. The RISS Centers work regionally and
    nationwide to respond to each region's unique criminal problems while
    working together on a nationwide basis to strengthen and advance
    criminal justice priorities. The RTSC maintains, operates, and enhances
    the RISS secure infrastructure and applications.
        RISS supports law enforcement in investigating all types of crime,
    including violent and gun crimes, hate crimes, domestic terrorism,
    human trafficking, cybercrime, drug trafficking, and other regional and
    emerging priorities. RISS accomplishes this goal by focusing its
    efforts on three priorities: Investigative Case Support; Secure
    Information and Intelligence Sharing; and Officer Safety,
    Deconfliction, and Law Enforcement Wellness. RISS receives hundreds of
    shared success stories from agencies and officers showcasing how RISS
    services and resources are used to solve crimes and keep officers safe.
    To read real-life stories from each State, visit www.riss.net/Impact.
                           investigative case support
        RISS provides professional, accurate, and effective products and
    services that combat crime, help resolve criminal investigations, and
    successfully prosecute offenders. RISS offers law enforcement agencies
    and officers a full range of critical support services and resources
    and provides expertise and technical assistance to the field. Below are
    highlights of results and productivity in FY2023. RISS:

      --Developed 30,961 analytical products, such as case-related maps,
            link charts, and 2D and 3D crime scene diagrams.
      --Loaned 2,713 pieces of specialized investigative equipment, such as
            cameras, recorders, and other devices, to agencies, including
            small and rural agencies.
      --Sponsored or co-sponsored 1,574 training opportunities and helped
            train 65,640 individuals.
      --Responded to 61,205 requests for research and technical assistance,
            which helped identify suspect addresses, monikers, criminal
            associates, and other investigative information.
      --Provided opportunities to share information with more than 10,200
            law enforcement agencies and more than 137,000 authorized law
            enforcement personnel.
      --Provided one-on-one support through the RISS field services staff
            and field-based solutions.
      --Developed law enforcement-sensitive publications and briefings.

        Each year, agencies and officers report that they were able to
    seize millions of dollars and remove dangerous contraband from the
    streets using RISS services and resources. In FY2023, law enforcement
    agencies reported that by using RISS services, their officers seized
    more than $59 million in narcotics, property, and currency. In
    addition, there were more than 4.5 million inquiries to RISS resources
    with more than 861,300 hits.
                  secure information and intelligence sharing
        RISS provides law enforcement and the criminal justice community
    with an unprecedented level of collaboration among officers and
    agencies while ensuring that privacy and civil liberties are protected.
    RISS prioritizes security, adheres to nationally recognized standards,
    and constantly ensures that its assets are protected.
        The RISS Secure Cloud (RISSNET) connects systems, provides
    bidirectional information sharing, and offers a single search of
    connected systems. RISSNET provides access to hundreds of resources and
    millions of records. Many of these systems are owned and operated by
    RISS partners who use RISSNET to securely share information with a
    broader and vetted law enforcement community. RISS has also developed
    and maintains resources accessible via RISSNET, including the
    following:

      --RISS Criminal Intelligence Database (RISSIntel)-a modern, user-
            inspired, and flexible system which provides a real-time online
            federated search of more than 60 systems containing millions of
            records.
      --RISS Money Counter Network (RISS MCN)-stores currency serial
            numbers and compares them to currency submitted by officers in
            previous cases via a secure RISS-designed application.
      --RISS Property and Recovery Tracking System (RISSProp)-houses pawn,
            secondhand, and other shop transactions and helps agencies
            identify and return stolen property.
      --RISSLeads Investigative Website-generates investigative leads,
            enables secure collaboration, and facilitates
            multijurisdictional information sharing.
      --RISS Master Telephone Index (RISS MTI)-compares and matches
            telephone numbers in law enforcement investigations.
      --RISS Drug Pricing Reference Guide-enables officers to search for
            comparable prices on narcotics and serves as a price guide when
            assessing the value of seizures and contraband.
          officer safety, deconfliction, and law enforcement wellness
        Officer safety, deconfliction, and law enforcement wellness are
    cornerstone priorities for the RISS Program. Event deconfliction is an
    essential component of agency operations as it protects law enforcement
    officers and citizens, supports operational integrity, strengthens
    information sharing, reduces risk and liability, and enhances
    investigative efforts. Officers involved in high-risk operations can
    enhance their personal safety and the safety of those around them by
    using an event deconfliction system. Each day, law enforcement officers
    face new and emerging threats that not only challenge their physical
    well-being but also their mental wellness. RISS provides resources and
    training to enhance officer safety and law enforcement wellness.
        The RISS Officer Safety Event Deconfliction System (RISSafe)
    maintains data on planned law enforcement investigative events
    submitted for inclusion to identify and alert affected agencies or
    officers of potential conflicts. RISSafe is used in conjunction with
    mapping software to verify data on event locations when an event is
    entered into the system. A conflict results when certain elements are
    matched between two or more events. Immediate notification is then made
    to the affected agencies or personnel regarding the identified
    conflict. Since the inception of RISSafe, more than 2.9 million
    operations have been entered, resulting in more than 581,550 identified
    conflicts. Without identifying these conflicts, officers may have
    interfered with another agency's or officer's investigation, or
    officers or citizens may have been unintentionally hurt or killed.
    RISSafe is accessible on a 24/7/365 basis and is available at no cost
    to all law enforcement agencies. Currently, 29 RISSafe Watch Centers
    are operational, 23 of which are operated by organizations other than
    RISS.
        The RISS Officer Safety and Wellness Website provides secure access
    to vetted, trusted information and materials on topics, including armed
    and dangerous individuals and situations, concealments, officer safety
    videos, law enforcement wellness, and training.
                                making progress
        Below are highlights of specific and unique RISS accomplishments in
    FY2023 that continued moving RISS forward in its three focus areas.

      --Continued to advance the RISSIntel features and functionality and
            connected additional partner systems.
      --Expanded the number of available RISSNET resources to more than
            300, most of which are databases or systems owned by partner
            entities that use the RISSNET secure platform.
      --Through the critical resources available via RISSNETand other RISS
            resources, more than 78.3 million records are available to
            authorized users.
      --RISSProp, which contains more than 28 million records, continued to
            help officers solve burglaries, home invasion robberies,
            organized retail crime, and other crimes while identifying and
            recovering stolen items. Since its inception, RISSProp has
            helped officers recover more than $13.9 million in property.
      --The RISS MCN continued to help officers deconflict and manage
            information about money used in criminal activities. More than
            571 agencies in 47 States (plus Guam) use MCN.
      --The RISS Drug Pricing Reference Guide continued to help officers
            assess the value of seizures and contraband and identify trends
            in the drug market.
      --Continued to develop School Action Response Plans, which contain
            data, photographs, and floor plans critical for officers to
            effectively navigate an active shooter or other situation.
      --Supported Federal efforts and nationwide partnerships to expand
            information sharing and available resources to law enforcement.
      --Completed the transition of the RISS Collaboration Websites, the
            RISSLeads Investigative Website, and the RISS Officer Safety
            and Wellness Website to a new platform that provides authorized
            users advanced information sharing capabilities and enhanced
            collaboration abilities.
      --Launched an effort to develop a RISS mobile application and engaged
            subject-matter experts in the field to help identify needs and
            develop a mobile strategy.
                   riss fy2025 needs and proposed activities
        Funding will support the six regional RISS Centers, including
    current operations and the technology component, as well as the
    following efforts:
    Investigative Case Services
      --Provide additional investigative support for violent and gun
            crimes, extremist activities, human trafficking, hate crimes,
            narcotics trafficking, cybercrimes, and other emerging crimes.
      --Invest in software, applications, and other resources to support
            analytical services, including audio/video clarification and
            digital forensics.
      --Replace and obtain new specialized equipment.
      --Develop, promote, and deliver trainings and other educational
            resources, including regional and nationwide conferences in the
            areas of human trafficking, narcotics, and homicide.
      --Expand the development and distribution of School Action Response
            Plans and expand support for organized retail crime
            investigations and initiatives.
    Information and Intelligence Sharing Solutions
      --Expand and further strengthen authentication and security
            protocols, including multilayered approaches and standards-
            based solutions.
      --Integrate RISS resources to expand deconfliction capabilities,
            streamline officer access to RISS resources, and enhance
            resource accessibility, such as developing mobile applications.
      --Onboard and connect additional systems to RISSIntel and continue to
            educate partners on its features and functionality.
      --Expand RISSProp throughout the RISS Center regions.
      --Increase the number of agencies utilizing the RISS MCN.
    Officer Safety and Wellness Efforts, Including RISSafe
      --Enhance and further expand RISSafe and the RISS Officer Safety and
            Wellness Website.
      --Develop focused campaigns to educate officers and leaders on the
            critical importance of deconfliction, officer safety, and law
            enforcement wellness.
      --Work with deconfliction partners to enable target deconfliction
            capabilities.

        RISS provides critical investigative services, resources,
    information and intelligence, officer safety, training, and more to law
    enforcement. RISS has continued to be a force multiplier for half a
    century, helping law enforcement agencies save time and money as they
    protect and serve our Nation's citizens and communities. RISS is
    grateful for the opportunity to provide this testimony at your request
    and appreciates your ongoing support. For additional information, visit
    www.riss.net.

        [This statement was submitted by David Hall, Chair.]
                                     ______

                    Prepared Statement of Sandy Hook Promise
        I would like to begin by thanking Chairwoman Shaheen, Ranking
    Member Moran, and the members of the Commerce, Justice, Science, and
    Related Agencies subcommittee for the opportunity to submit testimony.
    I am grateful for the subcommittee's continued bipartisan and
    longstanding support for children's safety in and outside of school.
    Sandy Hook Promise's (SHP) mission is to educate and empower youth and
    adults to prevent violence in their schools, homes, and communities. In
    Fiscal Year 2025, we are supportive of the following requests in the
    CJS bill that will help support and protect the children of our Nation.
    We support increased funding for the Student, Teachers, and Officers
    Preventing (STOP) School Violence program and request $86 million for
    the Bureau of Justice Assistance (BJA) and $55 million for Community
    Oriented Policing Solutions (COPS) to reflect increased demand for
    school safety solutions. Further, we support $200 million for the
    Department of Justice's (DOJ's) Community Violence Intervention and
    Prevention Initiative (CVIPI). Each of these programs has a role to
    play in helping to keep kids safe at home, at school, and in their
    communities.
        I am submitting this request on behalf of Sandy Hook Promise, an
    organization of which I am a co-founder. On December 14, 2012, the
    youngest of my three children, my sweet little Daniel, was murdered in
    his first-grade classroom at Sandy Hook Elementary School. Following
    the shooting, I began working with other family members whose loved
    ones were killed that day to find a way to prevent others from
    experiencing the senseless, horrific death of their child due to gun
    violence. The result was Sandy Hook Promise, a national nonprofit
    organization dedicated to honoring all victims of violence by turning
    our tragedy into a moment of transformation. By empowering youth to
    ``know the signs'' and uniting all people who value the protection of
    children, we can take meaningful action in schools, homes, and
    communities to prevent violence and stop the tragic loss of life.
        To date, over 22 million youth and adults have participated in our
    life saving Know the Signs programs. As of April 2024, Sandy Hook
    Promise's National Crisis Center, has saved more than 653 lives and
    prevented 16 school shootings.\1\ We work every day to ensure that our
    Crisis Center responds to messages from concerned students and connects
    those students in crisis or at risk with help. Students must have
    resources and training to ensure that when they observe warning signs,
    they can be upstanders and receive help from a trusted adult.
        Millions of acts of youth violence, including suicide, threats,
    bullying, and homicide occur every year, affecting all urban, suburban,
    and rural schools. In 2021, 9 percent of high school students reported
    not attending school because of safety concerns at least once in the
    previous month.\2\ Further, an August 2023 poll found that 38 percent
    of parents fear for a child's physical safety at school and 14 percent
    of parents say a child has expressed safety concerns to them.\3\ For
    students to learn and grow, they need safe, inclusive, and proactive
    steps towards improving their physical and mental wellbeing.
        The rates of suicide and instances of poor mental health among
    young people continue to be of concern too. In just the past year 22%
    of high school students seriously considered attempting suicide--18% of
    students made a suicide plan, and 10% of high school students attempted
    suicide.\4\ These rates continue to underscore the need for programs
    designed to prevent suicide and violence like those funded by the STOP
    School Violence grant program to ensure resources are available for
    school personnel and students.
        The STOP School Violence Act was signed into law in 2018 following
    the tragedy at Marjory Stoneman Douglas High School in Parkland,
    Florida. Sandy Hook Promise worked with bipartisan members of Congress
    to craft this legislation based on the research and lessons learned
    following the tragedy at Sandy Hook Elementary that took my son,
    Daniel. Ensuring strong funding for the STOP School Violence Act
    continues to be Sandy Hook Promise's priority to honor our commitment
    to students, teachers, parents, and communities across the Nation to
    help prevent school shootings and keep kids safe. The continuation of
    bipartisan support and deep investments in the STOP School Violence Act
    is a testament to Congress' dedication to children's safety at school.
        Research shows that youth often display warning signs before
    harming themselves or others. In fact, 75 percent of school shooters
    and 70 percent of youth who complete suicide told someone of their
    plans or gave another warning sign.\5\ Students, teachers, and school
    staff need tools and trainings to empower them know how to reach out
    for help when concerned about violence toward themselves or others.
    Increased funding for STOP School Violence grants will help additional
    States, school districts and Tribal organizations bring evidence-based
    safety programs and strategies to schools on topics including suicide,
    bullying, and violence prevention. In addition to the funding made
    available through the Bipartisan Safer Communities Act, for Fiscal Year
    2025, we support $86 million for BJA and $55 million for COPS for STOP
    School Violence Act grants. We also support the following report
    language as it relates to the STOP School Violence Act to be included
    in the FY 2025 CJS report:

            STOP School Violence Act--The recommendation provides a total
            of $201,000,000 for the STOP School Violence Act (Division S,
            title V of Public Law 115-141) grant program for the fiscal
            year 2025. Of this amount, $60,000,000 is derived from the
            Bipartisan Safer Communities Act, and funding of $141,000,000
            is provided for in this act. Of the amount provided in this
            act, $86,000,000 is provided to the Bureau of Justice
            Assistance (BJA) for evidence-based school safety programs
            outlined in the act and $55,000,000 is provided to the
            Community Oriented Policing Service (COPS) program. The
            Committee directs BJA to prioritize evidence-based programming
            to train students and school personnel on the warning signs of
            interpersonal violence and suicide, to prevent the root causes
            of student violence, and to deliver mental health crisis
            intervention, as permitted under the act. The Committee directs
            the offices to work with other Federal agencies to notify
            States, localities, Tribes, and school districts of funding
            availability upon release, increase training and technical
            assistance for school district applicants, and provide
            microgrants for school districts, including rural, Tribal, and
            low-resourced schools. The Committee directs BJA to prioritize
            applicants from rural and low-resourced school districts and
            applicants incorporating crisis centers and evidence-based
            trainings for students and staff within their anonymous
            reporting systems.

            Through the COPS STOP School Violence Act program, school
            districts should use funds for trainings for local law
            enforcement on best practices to protect the mental and
            emotional health of students in high-risk communities.
            Additionally, both BJA and COPS should encourage applications
            that prioritize the use of mental health professionals and
            resources in their school safety plans.

        Children deserve to feel safe at home, at school, and in their
    communities. Some students feel safer in the school building than they
    do outside of school. Violence continues to be a leading cause of death
    and nonfatal injuries among adolescents and young adults with over half
    of US homicides occurring among people ages 15-34 in 2020.\6\ We must
    invest in our communities to keep children safe from gun violence.
    Community Violence Intervention and Prevention Initiative grants at the
    DOJ should prioritize funding for areas with higher rates of gun
    violence and ensure grants allow for participation of community-based
    entities. These grants should help to fund strategies that are informed
    by public health models and provide culturally competent, trauma-
    responsive services to individuals and communities most impacted by gun
    violence. In Fiscal year 2025, we support $200 million for the DOJ's
    Community Violence Intervention and Prevention Initiative.
        Violence does not exist in a vacuum and investments to keep kids
    safe at school and in their communities will not only improve
    children's lives but save them. We know that funding for school safety
    resources and programs and funding for community violence intervention
    work have key roles in supporting child safety and preventing gun
    deaths. We must commit resources to keeping our schools safe from
    shootings, increase suicide prevention and mental health programming,
    and invest in community violence intervention work to help stop this
    leading cause of death of children. Thank you to the subcommittee for
    its continued bipartisan commitment to keeping kids safe and for the
    opportunity to submit testimony today on this critical issue.
    ---------------------------------------------------------------------------
        \1\ https://www.sandyhookpromise.org/who-we-are/our-impact/.
        \2\ https://www.cdc.gov/healthyyouth/data/yrbs/
    yrbs_data_summary_and_trends.htm.
        \3\ Gallup Inc. (2023) ``School Parent Safety Concerns Remain High
    in the U.S.'' .
        \4\ ``Youth Risk Behavior Surveillance System (YRBSS).'' Centers
    for Disease Control and Prevention, April 27, 2023. https://
    www.cdc.gov/healthyyouth/data/yrbs/.
        \5\ United States Secret Service. Lina, Alathari. (2020) MASS
    ATTACKS in PUBLIC SPACES -2019.
        \6\ https://www.cdc.gov/violenceprevention/communityviolence/
    index.html.

        [This statement was submitted by Mark Barden, Co-Founder and CEO.]
                                     ______

                  Prepared Statement of Sea Grant Association
        The Sea Grant Association (SGA) recommends Congress appropriate
    $163.7 million to the National Oceanic and Atmospheric Administration's
    Sea Grant Program (Sea Grant) in FY 2025, which includes $145.7 million
    for the National Sea Grant College Program and $18 million for the Sea
    Grant Aquaculture Research Program. Sea Grant is funded through
    appropriations to NOAA's Office of Oceanic and Atmospheric Research in
    the Operations, Research, and Facilities account.
        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 nearly 60 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
    and advocates for greater understanding, use, and conservation of
    marine, coastal, and Great Lakes resources.
        The SGA recognizes the caps put in place by the Fiscal
    Responsibility Act (Public Law 118-5) only increase Federal
    discretionary spending by less than one percent in FY 2025.
    Unfortunately, local costs and requests for assitance and expertise are
    increasing, making it clear that Sea Grant needs more funding to assist
    the local communities each program supports across the Nation. The SGA
    recommendation of $145.7 million for the Sea Grant College Program is
    based on the $111.7 million authorized in law by the National Sea Grant
    College Program Amendments Act of 2020 (Public Law 116-221) for FY 2025
    and $34 million to provide each program with an additional $1 million
    to invest directly in their coastal communities and economies. The SGA
    recommendation of $18 million for Sea Grant Aquaculture Research would
    allow the program to continue the development of sustainable marine and
    Great Lakes region aquaculture businesses to create or sustain
    aquaculture jobs and to assure food security for communities across the
    Nation.
        During all times--especially those of fiscal constraint--it is
    critical that Congress be good stewards of taxpayer dollars. The Sea
    Grant Program provides a remarkable return on the public's investment,
    leveraging more than $3 for every $1 appropriated by Congress and
    investing those funds directly in support of local needs.
        The SGA thanks the committee for their steadfast, bipartisan
    support of the Sea Grant College Program and the Sea Grant Aquaculture
    Research Program each fiscal year. We were disappointed to see the
    president's budget request for FY 2025 proposed a 24.5% overall cut
    (10% reduction for the Sea Grant College Program and the termination of
    the Sea Grant Aquaculture Research Program). Such cuts would have
    deleterious impacts on coastal communities around the country. The
    proposed cuts are inconsistent with the demand for Sea Grant to expand
    their community-based work in four areas: healthy coastal ecosystems,
    sustainable fisheries and aquaculture, resilient coastal communities
    and economies, and environmental literacy and workforce development, as
    described below.
        justification for fy 2025 request for sea grant college program
        The 2022 Federal appropriation of $89.5 million was leveraged with
    non-federal funds by Sea Grant's 34 university grant-based programs and
    resulted in $802.3 million in economic benefits.
        Additionally, in 2022, Sea Grant created or sustained 9,569 jobs
    and 1,601 small businesses, helped restore or protect over 2.1 million
    acres of habitat, engaged 970,976 people in education, and helped
    24,288 seafood industry personnel adopt responsible fishery practices.
        Increasing the capacity of each program in the Sea Grant network
    will provide a measurable difference in the program's already
    significant impact and will enable more work to address constituent
    priorities. As an on-the-ground partner, Sea Grant works directly with
    constituents and local businesses to ensure a sustainable economy and
    environment on our coasts. Examples of this work include:

      --Collaborating with partners to investigate nearshore water quality
            and reef health after the devasting Maui wildfire that
            destroyed more than 2,200 structures (Hawai`i Sea Grant)
      --Supporting regional lobster research and funding research to
            improve predictive capacity for coastal storm erosion impacts,
            to identify ecosystem services and climate vulnerabilities of
            salt marsh ecosystems, to support adaptation in marine
            fisheries and fisheries management in a changing ecosystem, and
            to understand composition and transport of forever chemicals
            (PFAS) in Maine estuaries (Maine Sea Grant)
      --Assisting with planning and programming the Aldo Leopold Festival,
            which generates over $50,000 in direct spending in Michigan's
            Upper Peninsula, which is significant economic activity for the
            region's small communities (Michigan Sea Grant)
      --Partnering to create the DE-PLANS hub, which helps inform planning,
            outreach, and services for the growing and underserved older
            adult population in Delaware (Delaware Sea Grant)
      --Creating a curriculum and providing funds to help middle school
            students construct remotely operated vehicles as part of a
            science class project (Alaska Sea Grant)
      --Jointly funding research to calculate how long it may take roads
            and bridges to reopen after an earthquake and tsunami (Oregon
            Sea Grant)
      --Spearheading the Fisheries & Seafood Leadership Program to develop
            new leaders in the fishing and seafood industry (Louisiana Sea
            Grant)
      --Supporting the Coastal Storm Modeling System to help planners,
            managers, and resident understand the impacts of coastal
            flooding to county property, homes, and businesses (Washington
            Sea Grant)
      --Awarding Federal funding for research on water quality restoration
            tools, algal bloom monitoring, urban community access to
            coastal spaces, living shorelines, and soft-shell clam
            aquaculture (Maryland Sea Grant)
          justification for fy 2025 request for sea grant aquaculture
                                research program
        From 2018-2022, Sea Grant's average annual Federal investment of
    $16.3 million in aquaculture resulted in a yearly average of $69.6
    million economic impact, 572 businesses created or sustained, 1,147
    jobs created or sustained, and 71 publications.
        Sea Grant responds to requests from aquaculture producers, resource
    managers, scientists, and consumers and helps ensure the safety and
    quality of sustainably cultured seafood products by conducting research
    and providing technical assistance and outreach. Sea Grant also
    provides aquaculture literacy programs for the next generation of
    farmed seafood producers through K-12, university and technical
    training, and education programs.
        An increase for the Sea Grant Aquaculture Research Program would
    increase research, education, and extension activities that train a
    skilled work force and support the development of new aquaculture
    technologies. Examples of this work include:

      --Funding a research project to look at the feasibility of rearing
            sea urchins to diversify the State's aquaculture and to
            establish a network that could sustain a regional sea urchin
            aquaculture industry (Rhode Island Sea Grant)
      --Facilitating shellfish industry economic resilience from the
            devastating effects of the pandemic by purchasing portable
            refrigerated storage units to enable eight companies to adapt
            their business plans to include direct marketing of clams,
            oysters and kelp to consumers (Connecticut Sea Grant)
      --Working through an alliance to provide curriculum and training the
            helps seafood processors and importers meet Federal food safety
            regulations (Florida Sea Grant)
      --Holding an Oyster Farming Resilience Index Workshop Series, based
            on needs identified by oyster farmers, to provide resources to
            improve resilience for the oyster farming industry
            (Mississippi-Alabama Sea Grant Consortium)
      --Working with partners to document the potential benefits of
            increasing shellfish mariculture production in the state (South
            Carolina Sea Grant)
                             community partnerships
        Sea Grant supports local communities and has long-standing, trusted
    relationships with tens of thousands of partners in the public and
    private sectors. These partnerships--with industry and businesses,
    Tribal and Indigenous communities, nonprofits and academic
    institutions--help strengthen communities by advancing common
    priorities related to coastal and marine issues. These partners rely on
    the services their local Sea Grant provides; the owner of a woman-owned
    business, speaking at a recent congressional briefing said, ``when my
    business encounters a problem, my first call is to [our State's Sea
    Grant Director].''
                              concluding thoughts
        The SGA's FY 2025 request for the Sea Grant College Program and Sea
    Grant Aquaculture Research reflects coastal communities? increasing
    requests for the services Sea Grant provides. Leveraging nearly $3 for
    every $1 appropriated by Congress, Sea Grant remains a good steward of
    taxpayer funds and clearly shows their value to partners and the
    broader communities they support.
        The SGA 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.
    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.

        [This statement was submitted by Dr. Darren Lerner, Director.]
                                     ______

      Prepared Statement of Society for Industrial and Applied Mathematics
        Summary.--This written testimony is submitted on behalf of the
    Society for Industrial and Applied Mathematics (SIAM) to ask you to
    support the National Science Foundation (NSF) in fiscal year (FY) 2025
    by providing NSF with at least $11.9 billion. We urge you to reverse
    the cuts to NSF in FY 2024 and dramatically scale emerging technology
    investments to meet our National security needs. This includes strong
    funding 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 as well as the Directorate for STEM Education (EDU)
    that addresses fundamental challenges in mathematics and STEM education
    and workforce development.

        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 that SIAM appreciates your
    Committee's 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.
    We understand the difficult fiscal environment that we all face.
    However, we are deeply concerned by the cuts to NSF in FY 2024, which
    will harm NSF's critical research, infrastructure, and workforce
    investments and damage our research ecosystem.
        Today, we submit this testimony to ask you to reconfirm Congresses
    support of NSF in FY 2025 and beyond. In particular, we join with the
    research and higher education community and request that you provide
    NSF with at least $11.9 billion in funding for FY 2025. NSF needs bold
    growth to protect U.S. competitiveness as countries such as China are
    rapidly increasing their science and engineering investments. At least
    $11.9 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 57 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 expand its mission towards
    transforming innovation ecosystems with the Directorate for Technology,
    Innovation, and Partnerships (TIP) and encourages Congress to give NSF
    the resources it needs, in line with the amounts authorized in the
    CHIPS and Science Act, to fully carry out programs such as Regional
    Innovation Engines and enabling support for NSF priorities in
    artificial intelligence and other emerging technologies, resilience,
    and broadening participation. Even before the launch of the new TIP
    directorate and other new programs authorized in CHIPS and Science, NSF
    was unable to fund more than $2 billion worth of research proposals
    rated ``very good or higher'' each fiscal year.
        It is imperative that the rest of NSF see sustainable growth, such
    as programs 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. New efforts such as the
    National AI Research Resource (NAIRR) can only be successful when built
    on a strong foundational research enterprise that supports research,
    education, and infrastructure to sustain our science and technology
    ecosystem.
        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 national security 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 artificial intelligence, digital twins, modeling,
    analysis, algorithms, and simulation that underpin advancements across
    science and engineering. Agencies such as the Department of Defense
    (DOD) and National Institutes of Health (NIH) 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 new programs
    recently launched in Digital Twins with the Air Force, NIH Office of
    the Director, and the Food and Drug Administration (FDA).
                   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 endorses OAC's effort to create the
    NAIRR pilot as well as OAC's broader role advancing high performance
    computing to meet critical national security needs, fully leverage
    computing technology for economic competitiveness and scientific
    discovery, and positioning the U.S. for sustained technical leadership.
    The full NAIRR has potential to transform and dramatically scale AI
    innovations, but must be paired with robust research and workforce
    funding to reach its full impact and enable a robust ecosystem.
            supporting the pipeline of mathematicians and scientists
        SIAM supports EDU and its programs like Improving Undergraduate
    STEM Education (IUSE) and Graduate Research Fellowships, which are key
    to advancing STEM professional development and developing the next
    generation of mathematicians, scientists, and engineers. EDU also plays
    a critical role developing a STEM literate citizenry through its K-12
    focused investments. SIAM notes that mathematical education is
    foundational to STEM learning across disciplines, and NSF should
    continue to fund development of mathematical and computational skills.
    SIAM supports CAREER awards and other workforce programs crucial to
    early career faculty professional development.
                                   conclusion
        We would like to thank you again for your 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. Congress needs to revers
    ethe FY 2024 cuts and provide NSF with sustained growth to maintain our
    competitive edge in science and technology. We ask that you provide
    robust support of these critical programs in FY 2025 and put us on
    track to dramatically scale emerging technology investments as
    bipartisan majorities have emphasized are critical to our National
    security and competitiveness. We appreciate the opportunity to provide
    testimony to the Committee on behalf of SIAM.

        [This statement was submitted by Alejandro Aceves, Vice President
    for Science Policy, and Suzanne L. Weekes, Executive Director.]
                                     ______

        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 five requests:

      --Provide the requested amount of $11.9 billion for the National
            Science Foundation (NSF), including strong support for the
            Directorate for Social, Behavioral, and Economic Sciences (SBE)
            and the Directorate for Technology, Innovation, and
            Partnerships (TIP);
      --Provide robust support for NSF graduate education programs,
            including industry career exploration, as outlined in the CHIPS
            and Science Act of 2022;
      --Encourage NSF to explore next steps for the agency's Future of Work
            at the Human-Technology Frontier initiative;
      --Invest in research at NSF on workforce participation of individuals
            with disabilities and neurodiverse individuals; and
      --Support workforce evaluation and technical assistance at the
            Department of Justice's Community Oriented Policing Services
            Office.

        Appropriations Support for NSF.--SIOP is an international community
    of scientists, academics, practitioners, consultants, and students of
    industrial and organizational (I-O) psychology, which examines how to
    enhance human well-being and performance in organizational and work
    settings. I-O psychologists are helping to address critical challenges
    such as implementation of AI-based systems in workplaces, rapid scaling
    of the workforce key technology areas, recruitment and training for law
    enforcement, and burnout among healthcare professionals.
        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 findings
    developed through this Federal investment enhance business practices,
    policymaking, and collaboration. SBE has been highly responsive to the
    transformative events of the past few years. For instance, NSF SBE has
    provided the foundation for I-O psychologists to understand how
    technologies like AI affect American workers and ensure the workforce
    is prepared to fully realize the possibility of AI while mitigating
    potential harms. Other applications of I-O psychology include
    transitioning veterans and service members to civilian jobs,
    identifying individuals with capacity for high-stress jobs in law
    enforcement or cybersecurity, and developing preventative sexual
    harassment workforce interventions, among many others.
        SIOP applauds NSF and Congress for their increased investments in
    the TIP Directorate. Continued integration of social and behavioral
    sciences into the TIP Directorate's activities will ensure that NSF and
    the Nation remains on the cutting edge of scientific advancement.
        Given NSF's critical role in supporting fundamental research and
    education across science and engineering disciplines, SIOP supports an
    overall FY 2025 NSF budget of $11.9 billion. SIOP requests continued
    and 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 TIP
    Directorate continue to use their increased funding to support
    innovative research, including in the social and behavioral sciences.
        Graduate Student Education.--SIOP requests that Congress encourage
    NSF to robustly support graduate education support programs,
    particularly as they relate to mentoring, innovative career
    exploration, and work-based learning opportunities. SIOP's professional
    membership spans academia, industry, government, and military.
    Additional funding and opportunities for graduate students to explore
    career paths in industry and government and participate in work-based
    learning experiences are critically important to grow the Nation's
    scientific workforce and industrial base.
        As acknowledged by its inclusion in the CHIPS and Science Act of
    2022 (CHIPS+), NSF encourages a stronger STEM workforce among Americans
    if we are going to outpace our global competitors and tap into the full
    potential of American ingenuity. To this end, it is critical that NSF
    receive funding increases in order to fully implement the authorized
    programs supporting graduate STEM education in Section 10313 of CHIPS+.
    The programs authorized through CHIPS+ will allow NSF to provide much
    needed additional support for STEM graduate students and broaden the
    pipeline of who receives a graduate degree in STEM. CHIPS+ authorized
    programs in mentorship, research, professional development, and support
    for innovative career exploration and work-based learning opportunities
    that are essential to ensuring our STEM graduate students persist
    through graduation and enter the American STEM workforce.
                           requested report language
        Graduate Education.--The Committee recognizes the important role
    advanced degree holders play in our innovation ecosystem and urges NSF
    to robustly support the graduate education programs authorized by
    Section 10313 of the CHIPS and Science Act (Public Law 117-167). In
    making awards through current and new programming, NSF should
    prioritize inclusion of career explorations opportunities for graduate
    students supported by the program.
        Future of Work.--In addition to considering in which technology
    areas to invest or how to accelerate technological development, SIOP
    encourages the TIP Directorate to take additional actions to
    holistically address potential societal challenges across emerging
    technology areas, especially as they pertain to the workforce and
    workplace. SIOP appreciates TIP's recent efforts that begin to get at
    this issue, including the launch of the Responsible Design,
    Development, and Deployment of Technologies (ReDDDoT) and Experiential
    Learning for Emerging and Novel Technologies (ExLENT) programs, but
    programs like this have been a small part of the TIP portfolio that has
    largely focused on technology translation and the creation of new jobs.
        To this end, there should be more dedicated programming for
    research on end-users of these technologies to identify and mitigate
    disruptive impacts, especially in the workplace. This research should
    seek to relieve job loss and achieve a productive, augmented workforce
    with high levels of employee wellbeing. I-O psychologists have been
    heavily involved in research to address the impact of new technologies
    in the workplace, including robotics and artificial intelligence (AI).
    For example, to address the unique challenges and considerations that
    arise when using AI-based assessments and hiring procedures, SIOP
    released Considerations and Recommendations for the Validation and Use
    of AI-Based Assessments for Employee Selection, a report that includes
    measurement suggestions to address bias and other core issues.\1\
        NSF could make significant progress toward these goals by launching
    a revitalized version of the Future of Work at the Human-Technology
    Frontier initiative (FW-HTF).\2\ FW-HTF was one of NSF's ``10 Big
    Ideas'' for cross-disciplinary investment that had a vision to
    ``support multi-disciplinary research to sustain economic
    competitiveness, to promote worker well-being, lifelong and pervasive
    learning, and quality of life, and to illuminate the emerging social
    and economic context and drivers of innovations that are shaping the
    future of jobs and work.'' \3\ While there have been a few one-off
    solicitations in recent years, the program as a largescale investment
    priority largely sunset just when global competitiveness trends and
    complementary Federal investments in new technology areas made its work
    even more pressing. Congress should encourage NSF to redouble their
    commitment in this space by evaluating scientific needs for the next
    phase of FW-HTF and developing a plan to launch this new effort.
                           requested report language
        Future of Work.--The Committee encourages the TIP Directorate to
    collaborate with other Directorates to increase dedicated investments
    in research that holistically addresses disruptions to the workforce
    and workplace brought on by emerging technologies. This could include a
    revitalized version of the Future of Work at the Human-Technology
    Frontier Initiative to harness multi-disciplinary research on the
    adoption and broader impacts of key technology focus areas in the
    workforce and workplace.
        Research on Individuals with Disabilities and Neurodiversity.--
    While NSF has made great strides in ensuring that the benefits of its
    funded research impact all our Nation's individuals and communities,
    there still exists research gaps around participation of individuals
    with disabilities and neurodiverse individuals in the workplace.
    Ensuring full participation of all individuals in the workforce will
    help the Nation address critical workforce shortages and expand
    perspectives considered when developing new advancements. I-O
    psychologists have expertise in recruiting, training, and supporting
    these individuals to maximize strengths and ensure equitable treatment.
        Despite this pressing need, NSF has not fully invested in research
    on how to best support these communities. Much of NSF's prior support
    for research on neurodiversity was through the now-sunset Future of
    Work at the Human-Technology Frontier initiative. SIOP requests that
    Congress encourage NSF to prioritize research on neurodiversity and
    individuals with disabilities' participation in the workforce via new
    offerings, Dear Colleague Letters, and other mechanisms.
        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 and local law
    enforcement agencies through information and grant resources. COPS
    grant programs target important policing needs, such as the Hiring
    Program (CHP), which has grown substantially in recent years and will
    provide $156.6 million for law enforcement agencies in FY 2024.
    Hundreds of law enforcement agencies have benefited from CHP, but
    little is known about recipients and the unique issues they face in key
    areas like recruitment and retention. Collectively, COPS recipients
    make up an ideal study group to explore important questions over
    factors that drive people toward careers in policing, as well as what
    may drive people away.
        COPS has made progress toward addressing evidence--based solutions,
    signing a Memorandum of Understanding (MOU) with SIOP in September
    2022. The MOU is the first COPS has signed with a scientific society to
    increase the knowledge and application of I-O in law enforcement and to
    help cultivate more safe and effective law enforcement workplaces.
    Congress should encourage COPS to build on this momentum to support the
    development of studies to help COPS awardees better understand what
    works and how to more effectively leverage Federal funding to support
    their communities. This should include funding for COPS to support an
    evaluation study of its largest program, CHP, to help COPS better
    understand common recruitment, hiring, and retention practices and
    leverage the findings to target future Federal assistance.
                           requested report language
        Workforce Study.--The Committee recognizes the importance of the
    COPS Hiring Program, but is concerned that little is known about
    specific challenges facing grantees. The Committee encourages COPS to
    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 I-O
    psychology.
        Thank you for the opportunity to offer SIOP's support for NSF
    social and behavioral sciences research, the future of work, research
    on neurodiverse individuals, and workforce studies via the DOJ COPS
    Office. Please do not hesitate to contact SIOP should you have any
    questions.
        Additional information is also available at www.siop.org.
    ---------------------------------------------------------------------------
        \1\ https://www.siop.org/Research-Publications/Items-of-Interest/
    ArtMID/19366/ArticleID/7327/SIOP-Releases-Recommendations-for-AI-Based-
    Assessments.
        \2\ https://www.nsf.gov/eng/futureofwork.jsp.
        \3\ https://new.nsf.gov/funding/opportunities/future-work-human-
    technology-frontier-core.

        [This statement was submitted by Dr. Alexis Fink, President.]
                                     ______

                 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 $11.9 billion, an increase of
    approximately $2.8 billion, in base-level funding for NSF in FY25. For
    researchers nationwide, the ability to make life-changing advancements
    in neuroscience depends on significant and sustained Federal funding.
        One area of my lab's research at the Department of Psychiatry at
    Yale School of Medicine focuses on the role of single molecules and
    circuits in complex behaviors related to learning and motivated
    behavior. We are also interested in the relevance of these processes to
    addiction and mental health processes. With key Federal funding, my lab
    recently discovered neurons that respond consistently to a primary
    reward, and that the response of these neurons scale with the size of
    the reward. Our research is now clarifying the role these neurons and
    others play in behavior and motivation. Basic research, like my own,
    provides understanding about the brain at a deep level, which paves the
    way for the development of novel therapeutics that will prevent and
    treat debilitating medical disorders. Continued progress depends on
    sustained Federal funding at a level that at a minimum, keeps pace with
    inflation.
                    the importance of the research continuum
        SfN believes strongly in the research continuum-a pipeline, in
    which basic science leads to clinical innovations, which leads to
    translational uses impacting the public's health, reducing long-term
    medical costs and generating new jobs across the country. Basic science
    is the foundation upon which all health advances are built. For
    example, the first mRNA vaccine to receive FDA approval, which likely
    saved millions of lives during the COVID-19 pandemic, were made
    possible due to decades of prior research by chemists and chemical
    engineers on lipid nanoparticles. To cure diseases, we must first
    understand them through fundamental discovery-based research.
        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. NSF funding for basic
    research is not only critical for enabling groundbreaking discoveries;
    it is essential for building our scientific workforce. For the United
    States to remain the world leader in biomedical research and to
    maintain and grow opportunities across areas of science, Congress must
    continue to fund the training pipeline of the scientific workforce.
    Young trainees today are the ones who will make the key discoveries of
    the future. The deeper our grasp of basic science, the more successful
    those focused on clinical and translational research will be.
    Neuroscientists use a wide range of experimental, animal, and human
    models not used elsewhere in the research pipeline. These opportunities
    create discoveries--sometimes unexpected discoveries--expanding
    knowledge of biological processes. This level of discovery reveals new
    targets for research to treat all kinds of brain disorders affecting
    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 and
    generates jobs in all States across the Nation. 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 America'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. Industry typically does
    not fund research on this important first step given the long-term path
    of basic science and pressure for shorter-term return on investments.
    Congressional investment in basic science is irreplaceable in the
    pipeline for development of drugs, devices, and other treatments for
    brain related diseases and disorders.
        The Understanding the Brain project is an example of NSF's success
    by enabling scientific understanding of the full complexity of the
    brain through targeted, cross-disciplinary investments in research,
    technology, and workforce development. NSF's strategic investments will
    support research and infrastructure designed to transform our view of
    who we are and SfN appreciates Congress' ongoing investment in NSF to
    continue this work. Additionally, a recent exciting advancement in NSF-
    funded neuroscience research includes the following:
    Researchers Find Deep Brain Stimulation During Sleep is Linked to
            Memory
        With an aging U.S. population, memory is becoming an ever more
    important area to study. Using funding from NSF, researchers at the
    University of California, Los Angeles and Tel Aviv University used a
    novel system to deliver electric pulses that activated part of the
    brain and were synchronized with brain activity recorded in the
    hippocampus where memories are stored. Importantly, these researchers
    found evidence that targeted deep brain stimulation during a critical
    time during sleep improves memory consolidation. This critical finding
    provides new insights into memory consolidation during sleep and can be
    used to create new therapies for memory disorders such as Alzheimer's
    disease.
    Funding in Regular Order
        SfN joins the biomedical research community in supporting an
    increase in NSF funding to at least $11.9 billion in FY25. This
    proposed increase is necessary to provide certainty to the field of
    science, allow for the exploration of new scientific inquiry, train the
    next generation of scientists, and foster increased economic growth and
    further improvements in the public's health. Further cuts to
    discretionary investments would have a devastating impact on NSF-funded
    research and would hurt the country's ability to maintain its
    international competitiveness in this space. Equally important is
    ensuring that funding is enacted in a reasonable time frame. Long-term
    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 will be realized or
    operating a lab at a diminished capacity until appropriations are
    final. These delays can be devastating for trainees seeking to begin
    their careers. All the positive benefits research provides in this
    country are negatively impacted by these real time considerations. SfN
    strongly supports the appropriation of NSF funding in a timely manner,
    in order to avoid delays in approving new research grants or 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 Marina Picciotto, Ph.D.,
    President.]
                                     ______

             Prepared Statement of Stronger America Through Seafood
    Dear Chair Shaheen and Ranking Member Moran,

        Stronger America Through Seafood, a coalition of industry partners
    representing the seafood supply chain, is working in support of
    increased U.S. production of healthful, sustainable, and affordable
    seafood. We are writing today to request that you support $25 million
    for NOAA's National Marine Fisheries Service (NMFS) Office of
    Aquaculture and $14.08 million for NOAA's Ocean and Atmospheric
    Research (OAR) for the Sea Grant Aquaculture Research program in the
    fiscal year 2025 Commerce, Justice and Science (CJS) Appropriations
    Act. We also request the language below be included in the related
    Explanatory Statement:

            ``The Committee recognizes the significant potential for
            development of American offshore aquaculture to increase U.S.
            production of healthful, sustainable and affordable seafood. As
            the fastest growing food production sector in the world,
            responsible aquaculture development presents opportunities for
            meaningful economic growth in coastal communities and among
            their supply chain partners, while ensuring that Americans have
            access to responsibly farmed local seafood. The National Marine
            Fisheries Service Aquaculture program's 5-Year strategic plan
            for aquaculture will support a U.S. aquaculture industry as
            part of a competitive domestic seafood sector. The Committee
            fully supports the activities of the Aquaculture Program and
            includes $25,000,000 to implement this strategic plan,
            including continued work on Aquaculture Opportunity Areas,
            environmental assessments, science-based tools and modeling and
            increased economic development programs.''

        Aquaculture is the fastest growing food production sector in the
    world and is responsible for nearly all global seafood supply growth
    since the 1990s. With half of all seafood consumed today being farm
    raised, aquaculture presents a unique opportunity to build an American
    seafood industry that can support a diverse workforce, enhance
    sustainable ecosystems and guarantee healthful, locally sourced protein
    for American consumers.
        Today, the U.S. lags far behind the rest of the world in farmed
    seafood production, resulting in the U.S. importing up to 85% of its
    seafood. The single biggest reason is the lack of a clear regulatory
    pathway for permitting new projects, particularly offshore. This
    challenging reality has forced many American businesses to invest in
    other countries.
        As you may know, the National Marine Fisheries Service (NMFS)'s
    Aquaculture Program is implementing a 5-year strategic plan laying out
    a framework to ``help achieve a robust, thriving, and diverse U.S.
    aquaculture industry as part of a resilient seafood sector.'' They
    continue to actively coordinate across agencies towards a comprehensive
    regulatory foundation for aquaculture. This process includes siting
    analysis for future Aquaculture Opportunity Areas (AOAs) in Federal
    waters, interagency coordination on National Environmental Protection
    Act (NEPA) review and Environmental Impact Statements (EIS),
    development of science-based tools and modeling, and associated
    economic development programs like workforce training and community
    planning that will ensure the economic benefits of aquaculture are
    realized across all stakeholder groups. Further, the Fiscal Year 2024
    CJS Appropriations bill provided for a new Cooperative Institute (CI)
    to support the sustainable development of aquaculture in the U.S. to
    address the seafood import deficit and benefit the economy. The CI will
    help the agency fulfill the tenets of the NOAA Aquaculture Strategic
    Plan.
        The program needs additional funds to adequately fulfill its
    mission, and we believe a funding level of $25 million will meet these
    needs.
        In addition, we seek $14.08 million in funding for Sea Grant
    Aquaculture Research. The President's Fiscal Year 25 budget request
    zeroes out this important program that provides marine aquaculture
    research and development. SATS supports this program for its important
    work to develop and commercialize new technologies for finfish
    aquaculture and to engineer ocean-based infrastructure.
        By prioritizing domestic aquaculture, you will support the growth
    of an American seafood community that is resilient to economic and
    climate changes and is part of a holistic approach to a greater
    sustainable food strategy.
        We appreciate your consideration of this request and look forward
    to working with you to ensure domestic aquaculture production is a
    priority now for a secure future.

        [This statement was submitted by Drue Banta Winters, Campaign
    Manager.]
                                     ______

                    Prepared Statement of U.S. Census Bureau
        We write as demographic industry leaders and leading experts on
    demographic and census data to call your attention to an opportunity to
    mitigate the 2020 Census undercounts of rural residents, young
    children, various racial and ethnic groups, and the States of Arkansas,
    Florida, Illinois, Mississippi, Tennessee, and Texas.
        While we do not underestimate the difficulty you face in funding
    the Nation's conflicting needs, this is an opportunity to improve at a
    minor cost fully achievable in the current fiscal landscape: an
    increase of $6.2 million for FY 25 for the ``Intercensal Estimates''
    budget line will help rightsize the distribution of $2.8 Trillion in
    Federal funding for States and communities.
        This is a compelling opportunity which should enjoy broad support.
    As the Wall Street Journal editorial board noted in 2022 following the
    release of the Census Bureau's measure of census accuracy, ``It's too
    late to change the reapportionment, but the Administration should take
    the new data into account in Federal funding formulas.''
        Congress did well to reverse decades of reductions in FY 24 and
    begin to invest in modernizing the Population Estimates. After the 2020
    Census, funding for the estimates was down 20% in real dollars from the
    2003 level, and staffing was down by a third--at a time the estimates
    staff had to produce updates to a flawed decennial. Continued
    investment in the estimates will allow the Census Bureau to produce
    better intercensal estimates--and provide more accurate measures of
    American life, from disease prevalence to regional unemployment rates:
    all the practical everyday things that an accurate census supports.
        We also support preparation for a successful 2030 Census, and an
    increase in the sample size for the American Community Survey. To do
    so, we endorse the Census Project's recommendation to increase the
    Census Bureau's FY 25 funding level to $2 Billion.

    Sincerely,

    Rachel Cortes, Chief Demographer Claritas
    Andrew A. Beveridge, CEO, Social Explorer
    William H. Frey, Senior Fellow, Brookings Metro
    Bill O'Hare, President, O'Hare Data and Demographic Services, LLC
    Christopher Dick, Founder, Demographic Analytics Advisors
                                     ______

              Prepared Statement of University of Illinois System
        The University of Illinois System appreciates the opportunity to
    provide testimony in support of Fiscal Year (FY) 2025 appropriations
    for the National Science Foundation (NSF). We encourage Congress to
    provide NSF with at least $11.9 billion in FY2025.
        The U of I System is a world leader in research and discovery, and
    the largest educational institution in the state with more than 94,700
    students, and about 28,000 faculty and staff. Our universities in
    Urbana-Champaign, Chicago and Springfield have produced about 445,000
    alumni living in Illinois. The U of I System awards more than 27,000
    undergraduate, graduate and professional degrees annually.
        The U of I System has long been a leading recipient of grant
    funding from NSF, with more than $164 million in NSF research
    expenditures in FY2023. The University of Illinois Urbana-Champaign is
    the top university recipient of NSF funding in the country and leads
    many large-scale NSF-sponsored research projects that are addressing
    grand challenges, including an Engineering Research Center (POETS), a
    Quantum Leap Challenge Institute (HQAN), a Materials Research Science
    and Engineering Center (I-MRSEC), a Science and Technology Center
    (QCB), and three AI Institutes (focusing on agriculture, STEM learning,
    and molecular synthesis). The University of Illinois Chicago is leading
    an NSF grant to develop theories, research methods, and tools to help
    expand and tailor the field of STEM education to support Black
    students.
        Having spent 4 years as assistant director for geosciences at NSF,
    I can personally attest to the fact that the agency is the cornerstone
    of America's basic research enterprise. By supporting merit-based
    fundamental research across disciplines at universities throughout the
    Nation, NSF plays a major role in ensuring that the United States
    remains at the forefront of science and innovation. NSF-supported
    research has enabled groundbreaking discoveries and novel technologies
    throughout the agency's nearly 75-year history. This fundamental
    research provides a wide range of societal benefits and economic
    impact, and often establishes the knowledge base and training to
    advance U.S. innovation.
        Congress recognized the crucial role that NSF plays in advancing
    innovation and competitiveness when it passed the CHIPS and Science Act
    in 2022. Unfortunately, funding for NSF is far below the levels
    authorized in that legislation. While the CHIPS and Science Act
    authorized $15.65 billion for NSF in FY2024, Congress appropriated just
    over $9 billion. Along with many other institutions of higher
    education, the U of I System was deeply concerned about the 5% cut that
    was imposed on the NSF budget for FY2024 and the impact that this cut
    will have on our Nation's research ecosystem.
        We appreciate the challenging fiscal environment that your
    subcommittee faces. As you draft your FY2025 appropriations bill, we
    hope you will support a much-needed funding increase for existing NSF
    programs.
        Thank you for your consideration of this request and for your prior
    support for the NSF.

        [This statement was submitted by Timothy L. Killeen, President.]
                                     ______

                Prepared Statement of Vera Institute of Justice
        Chair Shaheen (D-NH), Ranking Member Moran (R-KS), and
    distinguished members of the subcommittee; on behalf of the Vera
    Institute of Justice (Vera), I write to urge you to ensure a strong
    investment in immigration legal services in Fiscal Year (FY) 2025. It
    is imperative that we address the urgent need for legal representation
    for all people facing removal who are unable to afford it. Such funding
    is an essential step to help fix an inefficient, outdated, and unjust
    immigration system.
        Our budget request urges the allocation of $400 million to the
    Department of Justice to enhance the availability and quality of legal
    representation for adult noncitizens in removal proceedings. This
    funding will support the provision of counsel for indigent noncitizens
    facing deportation and its devastating consequences, including for
    lawful permanent residents, DACA recipients, and various visa and
    immigration status holders. It addresses a critical gap in our
    adversarial immigration system, as most individuals facing deportation
    lack representation.\1\ This funding will also reduce the harsh
    consequences for mixed status families (including United States
    citizens) and Lawful Permanent Residents (LPRs), who are often
    separated as a result of deportation.
        Funding for legal representation is essential to supporting the
    rights of noncitizens during deportation proceedings and is especially
    critical given the large and growing immigration court backlog. The
    consequences of losing a case in immigration court can be devastating,
    including permanent separation from family and community, exile to an
    unknown country, long-term detention, and the prospect of persecution,
    torture, and death. Having a lawyer helps people understand their
    rights and access forms of immigration relief for which they may be
    legally eligible.\2\ Legal representation is thus critical in
    empowering eligible noncitizens to successfully obtain the relief and
    protections that our laws provide for them. Having legal representation
    also reduces the need for immigration judges to continue cases so that
    unrepresented people can find representation, helping to reduce long
    immigration court case times and reducing government spending.\3\
    Additionally, noncitizens in removal proceedings who have legal
    representation nearly always appear for their immigration court
    hearings, reducing in absentia removal orders and helping bring more
    cases to conclusion.\4\
        But despite the dire consequences of deportation and the critical
    role of representation, people in 63 percent of all immigration court
    cases are unrepresented by counsel, and detained people face
    proceedings without counsel in a staggering 83 percent of cases.\5\ Our
    immigration system is nearly impossible to navigate without counsel,
    and lack of financial resources should not be a cause for lack of
    representation. Federal funding is critical to addressing the financial
    barrier to legal representation in removal proceedings so that all
    immigrants have a chance to defend against deportation, remain rooted
    with their families and communities, and contribute to the stability
    and prosperity of their communities.
        The president's FY24 budget request included $150 million to
    provide access to representation for adults and families in immigration
    proceedings, recognizing the importance of enhancing fairness and
    equity in case processing. Because of the substantial and growing need
    for legal representation, we urge you to allocate an additional $400
    million to the Department of Justice in the FY25 funding bill, ensuring
    sufficient resources to improve the accessibility and quality of legal
    representation for people facing deportation. Additionally, we request
    that $50 million of this funding be made available to address immediate
    staffing shortages of legal services providers and to enable States,
    local governments, and community organizations to build the
    infrastructure necessary to meet the increasing need for immigration
    legal representation and help address the urgent immigration court
    backlog.
        Our estimates indicate that this funding would enable legal
    representation for approximately 27,000 people on the detained and non-
    detained immigration court dockets, while also investing in a strong
    foundation for future representation needs. While this will not meet
    the full need for representation, it is an important investment in a
    future where the United States has an immigration system that is fair,
    just, and efficient-enabling the safety, stability, and prosperity of
    communities across the country.\6\
        We extend our gratitude to Representative Norma Torres (D-CA 35)
    and Senator Cory Booker (D-NJ) for their leadership in spearheading the
    Dear Colleague letters advocating for increased funding for legal
    representation for FY25. Their dedication to ensuring access to justice
    for all is greatly appreciated. Additionally, we are proud to have led
    an organizational letter in support of this funding request, which
    gathered more than 100 signatures from local and national
    organizations.\7\
        In conclusion, we urge the subcommittee to prioritize funding for
    legal representation for adults facing removal proceedings. This
    investment is crucial to protecting the due process rights of
    immigrants facing deportation, enhancing fairness in immigration
    proceedings, maintaining family unity, and alleviating the strain on
    our overloaded immigration system.
        Thank you for your attention to this matter.

        Sincerely,

        Annie Chen, Initiative Director
        Advancing Universal Representation Initiative
    ---------------------------------------------------------------------------
        \1\ Executive Office for Immigration Review (EOIR), ``EOIR Case
    Data (March 2024),'' database (Falls Church, VA: EOIR, 2024), https://
    www.justice.gov/eoir/foia-library-0.
        \2\ Ingrid V. Eagly & Steven Shafer, ``A National Study of Access
    to Counsel in Immigration Court,'' University of Pennsylvania Law
    Review 164, no. 1 (2015), https://scholarship.
    law.upenn.edu/cgi/viewcontent.cgi?article=9502&context=penn_law_review.
        \3\ Ibid., 60.
        \4\ Nina Siulc and Noelle Smart, Evidence Shows That Most
    Immigrants Appear for Immigration Court Hearings (New York: Vera
    Institute of Justice, 2020), https://www.vera.org/downloads/
    publications/immigrant-court-appearance-fact-sheet.pdf.
        \5\ EOIR, ``EOIR Case Data (March 2024),''.
        \6\ See, for example, Fwd.us, ``Immigration Facts: The Positive
    Economic Impact Of Immigration,'' July 21, 2020, https://www.fwd.us/
    news/immigration-facts-the-positive-economic-impact-of-immigration.
        \7\ Vera Institute of Justice and National Partnership for New
    Americans, ``Over 100 Immigrant Rights Organizations Urge Congress to
    Fund Legal Representation for People Facing Deportation,'' press
    release, April 22, 2024, https://www.vera.org/newsroom/over-100-
    immigrant-rights-organizations-urge-congress-to-fund-legal-
    representation-for-people-facing-deportation.
    ---------------------------------------------------------------------------
                                     ______

                 Prepared Statement of Voice of the Experienced
        Thank you for the opportunity to present testimony before your
    subcommittee. This statement is regarding the Bureau of Prison's (BOP)
    planned construction of Letcher County, KY facilities and its related
    unobligated $504 million funds in the BOP's Building and Facilities
    account, which I respectfully request the subcommittee rescinds. Please
    find below my statement in my capacity as General Counsel of Voice of
    the Experienced (VOTE). VOTE is a membership-based organization that
    works to restore the full human and civil rights of those impacted by
    the criminal justice system. We have members who (1) have been
    incarcerated in the Federal Bureau of Prisons (BOP); and (2) have had
    or currently have loved ones incarcerated in the BOP. Many of our
    members specifically have experiences of incarceration in Kentucky and
    the BOP's mid-Atlantic region. VOTE is opposed to the construction of
    FCI Letcher and wishes to specifically reference a 2023 economic study
    conducted by the Kentucky Center for Economic Policy called ``Facts
    Don't Support Economic Argument for Proposed Federal Prison in Letcher
    County.'' See https://kypolicy.org/letcher-county-prison-will-not-help-
    economy/.
        This study specifically States the following:

        In the wake of last year's devastating eastern Kentucky floods, the
    Federal Government reintroduced a previously-defeated proposal to build
    a new Bureau of Prisons (BOP) prison and ``prison camp'' in Letcher
    County.\1\ If implemented, the project would add a fourth Federal
    prison to southeastern Kentucky--which already has one of the highest
    concentrations of Federal correctional facilities nationwide--and would
    direct a nearly $500 million Federal investment in prison beds at a
    time when the region desperately needs substantial investment in flood
    recovery efforts.
        While proponents claim the Federal prison project would bring
    countless economic benefits to Letcher County, research and data do not
    support this argument. Nearby Clay, Martin and McCreary counties remain
    among the poorest in the state, and within one of the poorest
    congressional districts in the Nation, despite Federal prisons
    operating in these counties for two to three decades. Eastern Kentucky
    has the opportunity to improve economically with Federal investments
    that don't perpetuate the harms of mass incarceration, which already
    has a vicious hold on Kentucky.
        If Kentucky was a country, it would already rank seventh-highest in
    the world for its incarceration rate, including those in county jails,
    state prisons and Federal prisons.\2\ The state also incarcerates 40%
    more people per capita than the U.S. average.\3\ And the eastern
    Federal judicial district of Kentucky already has more Federal prisons
    than any of the other 93 such districts in the country.\4\ Adding
    another Federal prison would only further entrench mass incarceration
    in Kentucky at a time when many places are beginning to reverse
    course.\5\
        The original discussion of a high-security Federal prison in
    Letcher County formally started in 2006 when Congress authorized a
    study for the facility. The proposal was approved for a site in Roxanna
    in 2018, but was withdrawn in 2019 after a lawsuit on behalf by a local
    landowner, 21 individuals incarcerated in Federal prisons, concerned
    local citizens and other Kentucky residents. The plaintiffs asserted
    that the prison was unnecessary given BOP's own projections about a
    falling prison population, that there would be environmental harms
    caused by the construction of the proposed prison and that people
    incarcerated in the prison would be exposed to toxic chemicals from
    coal extraction that had previously occurred on the land.\6\
        The new iteration of the Federal Letcher County prison officially
    began on Sept. 28, 2022, just months after devastating flooding in the
    area, when BOP filed a notice of intent to prepare a draft
    environmental impact statement (EIS) for the facility.\7\ At a
    subsequent public meeting in Whitesburg, a representative for
    Congressman Hal Rogers stated that BOP prisons already in three eastern
    Kentucky counties have had a positive economic impact, ``boosting the
    tax base and strengthening our local workforce,'' and that the new BOP
    proposed prison was an economic opportunity for Letcher County.\8\
        Southeastern Kentucky already has three Federal prisons, and
    several more state prisons, yet continues to see out-migration of the
    population and remains among the poorest regions in the country.
        We examined economic indicators for nearby Clay, Martin and
    McCreary counties from before and after a Federal prison opened in each
    locality (1992, 2003 and 2004, respectively). Our analysis of county-
    level economic data shows that rather than economic improvement,
    longstanding problems have continued or even worsened two to three
    decades after the Federal prisons opened in these counties. Total
    employment has continued to fall, poverty remains among the highest in
    the country, and median household incomes have remained low.
        Clay, Martin and McCreary Counties have continued to see steep
    declines in employment and population numbers. Since the respective
    year each prison was opened, Clay County has seen an approximate 20%
    drop in number of people employed, Martin County has seen a 43% drop,
    and McCreary County has seen a 14% drop.\9\ Residents have also
    continued to move out. Since the prisons opened, Clay County has lost
    11% of its population; Martin County has lost 13%; and McCreary County
    has lost 3%.\10\
        In addition, poverty rates did not improve in these counties after
    the prisons opened up. Poverty in Martin and McCreary counties remains
    high and did not decline after Federal prisons opened there. Poverty in
    Clay dropped in the 1990s after the prison opened but then rose again,
    but that temporary drop was later reversed and mirrored what happened
    in other counties and statewide during the 1990s.
        In the period since the prisons were built, median household income
    has remained relatively flat in Clay, Martin and McCreary Counties.
    Clay County saw a small increase in the 1990s, but so did the other
    counties that did not have new prisons at the time as well as the state
    as a whole. Median household income in these eastern Kentucky counties
    has remained very low as well--around $30,000 a year.
        In addition, Clay, Martin and McCreary counties remain among the
    most economically distressed localities in the entire country:

      --The poverty rate in Clay County is 35.9%, in Martin County it is
            40.5% and in McCreary County it is 33.5%.\11\
      --Of all 3,143 counties in the United States, Martin County is the
            5th poorest, Clay County is the 14th poorest and McCreary
            County is the 32nd poorest.\12\
      --The median household income in Martin County is only $29,387, in
            Clay County $30,700 and in McCreary County $32,938.\13\
      --Of all 3,143 counties in the United States, Martin County has the
            8th lowest median household income, Clay County has the 15th-
            lowest and McCreary County has the 30th lowest.\14\

        There is a significant amount of literature finding no relation
    between prison building and positive economic effects, and some
    evidence that it can actually harm economic development. For example, a
    study of prison building in central Appalachia found that, although
    unemployment rates are lower in counties with a prison, per capita
    incomes are lower and poverty rates are higher.\15\ A study of rural
    counties found that in those with low levels of education in
    particular, such as those in eastern Kentucky, new prisons can do more
    economic harm than good.\16\ There are a number of reasons for a lack
    of economic benefits from new Federal prisons. First, many of the jobs
    from a Federal prison come from outside of the community. Federal
    prisons must be operated with trained staff experienced in the system
    that typically must be brought in from elsewhere. There are significant
    criteria for BOP employees, including requirements for age, drug
    testing, credit checks, and criminal legal system record checks as well
    as education and experience preferences that many local residents would
    not meet.
        Additionally, there are significant local costs accrued by
    communities operating prisons. Prison building requires local spending
    on infrastructure, including highways and roads, water and sewer
    systems, and electricity infrastructure. Taking privately owned land
    off the local tax rolls would also mean less money for public schools
    and local governments. Local community members can end up competing
    with individuals incarcerated in the Federal prison for jobs in the
    community due to the lower costs of employing incarcerated people for
    public works and other jobs.
        There are also harmful crowd-out effects from prison building, and
    little to no positive spin-offs. By reducing quality of life and
    harming the reputation of a community, a prison can make it less
    attractive to future outside investment or in-migration, and can induce
    out-migration. Prisons can make communities less attractive for tourism
    and amenity development that attracts visitors and investment. Prisons
    lack strong linkages to the local economy, resulting in few positive
    economic multiplier effects from their operation. There are also
    opportunity costs associated with investing in a prison, resources that
    can be better spent elsewhere.
        Finally, although prison proponents often describe them as
    ``recession-proof,'' in fact relying on prison building is an
    increasingly risky bet in this political environment. The original
    Letcher prison proposal was cancelled in part because Federal criminal
    justice reform resulted in a reduced prison population that no longer
    made it necessary.\17\ Increased advocacy efforts and actions to reduce
    the extremely high levels of U.S. mass incarceration raise serious
    questions about the long-term viability of any new Federal prison.
        Rather than an investment of $500 million for a Federal prison,
    eastern Kentucky communities need significant investments in flood
    recovery, in addition to other infrastructure needs and community
    services and supports--all of which would have a much better economic
    payoff, including:

      --Providing housing and other supports for people impacted by recent
            storms
      --Investing in flood resilience and prevention
      --Remediating and reforesting degraded land
      --Funding child care, drug treatment, public health and other needs.

        With consideration of this information from the Kentucky Center on
    Economic Policy, I urge you to consider rescinding the funding
    allocated to construct FCI Letcher. This prison is not needed and will
    adversely impact the region's economy and not provided the jobs and
    economic growth claimed by its proponents.
    ---------------------------------------------------------------------------
        \1\ Federal Bureau of Prisons, ``Proposed Federal Correctional
    Institution and Federal Prison Camp,'' Letcher County, Kentucky,
    https://www.proposed-fci-letchercountyky.com/.
        \2\ Emily Widra and Tiana Herring, ``States of Incarceration: The
    Global Context 2021,'' Prison Policy Initiative, Sept. 2021, https://
    www.prisonpolicy.org/global/2021.html.
        \3\ Prison Policy Initiative, ``Kentucky Profile,''https://
    www.prisonpolicy.org/profiles/KY.html.
        \4\ WEKU, ``Rise,'' Episode 7, March 30, 2023, https://
    www.weku.org/podcast/rise/2023-03-30/rise-episode-7.
        \5\ Nagzol Ghandnoosh, ``Ending 50 Years of Mass Incarceration:
    Urgent Reform Needed to Protect Future Generations,'' The Sentencing
    Project, Feb. 8, 2023, https://www.
    sentencingproject.org/policy-brief/ending-50-years-of-mass-
    incarceration-urgent-reform-needed-to-protect-future-generations/.
    Carmen Mitchell, Pam Thomas, Ashley Spalding and Dustin Pugel, ``In
    Decade Since Major Criminal Justice Reform, the Kentucky General
    Assembly Has Passed Six Times as Many Laws Increasing Incarceration as
    Decreasing It,'' Kentucky Center for Economic Policy, Dec. 9, 2021,
    https://kypolicy.org/kentucky-general-assembly-has-passed-six-times-as-
    many-laws-increasing-incarceration-as-decreasing-it-since-2011/.
        \6\ Judah Schept, ``Coal, Cages, Crisis: The Rise of the Prison
    Economy in Central Appalachia,'' New York University Press, 2022.
        \7\ Making Connections News, ``Scoping a Letcher County KY
    Prison,'' Dec. 21, 2022, https://www.makingconnectionsnews.org/2022/12/
    scoping-a-letcher-county-ky-prison/. KyPolicy submitted public comments
    via email: Kentucky Center for Economic Policy, ``Comments re: Economic
    Implications of Federal Prison Proposal in Letcher County, Kentucky,''
    Nov. 30, 2022.
        \8\ Federal Bureau of Prisons, Scoping Meeting, Letcher County
    Central High School, Nov. 17, 2022.
        \9\ Bureau of Labor Statistics, Current Population Survey.
        \10\ U.S. Census, Kentucky State Data Center population estimates.
        \11\ U.S. Census, Small Area Income and Poverty Estimates, 2021.
        \12\ Id.
        \13\ Id.
        \14\ Id.
        \15\ Robert Todd Perdue and Kenneth Sanchagrinm, ``Imprisoning
    Appalachia: The Socioeconomic Impacts of Prison Development,'' Journal
    of Appalachian Studies, 22:2, Oct. 2016, 210-223.
        \16\ Gregory Hooks, Clayton Mosher, Shaun Genter, Thomas Rotolo and
    Linda Lobao, ``Revisiting the Impact of Prison Building on Job Growth:
    Education, Incarceration, and County-Level Employment, 1976-2004,''
    Social Science Quarterly, Jan. 2010, https://onlinelibrary.wiley.com/
    doi/full/10.1111/j.1540-6237.2010.00690.x.
        \17\ John Gramlich, ``Under Trump, the Federal Prison Population
    Continued its Recent Decline,'' Feb. 17, 2021, https://
    www.pewresearch.org/fact-tank/2021/02/17/under-trump-the-federaI-
    prison-population-continued-its-recent-decline/.

        [This statement was submitted by Emily H. Posner, Esq., General
    Counsel.]
                                     ______

              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,
    including the U.S. Department of Commerce (DOC), U.S. Department of
    Justice (DOJ), National Aeronautics and Space Administration (NASA),
    and National Science Foundation (NSF). 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 underscore the importance of a close and
    productive working relationship between States, territories, and the
    Federal Government and understand that more effective cooperation
    depends on Federal recognition of States as co-sovereigns and partners.
    The promotion of greater partnership between States and the Federal
    Government is central to the mission of WGA and is reflected in the
    Governors' Policy Resolution 2024-01, Strengthening the State-Federal
    Relationship. Given the numerous Federal programs, policies, and
    regulations directly affecting States and territories, Western
    Governors encourage the subcommittee to direct Congress and Federal
    agencies to improve their internal processes and coordinate with States
    and territories on Federal policies and procedures, as well as
    integrate State and territorial data into Federal programs, including
    for policymaking purposes.
        WGA also commends your attention to other Western Governors'
    resolutions that articulate policy positions relevant to the
    subcommittee's work. These include Policy Resolutions 2023-06, Rural
    Development; 2023-07, Broadband Connectivity; 2022-05, Cybersecurity;
    2023-09, Missing and Murdered Indigenous Persons; 2024-04, Combating
    the Opioid Crisis; and 2021-08, Water Resource Management in the West.
        The Economic Development Administration (EDA) plays a critical role
    in rural economic development. Communities across the West are
    envisioning transformative and systems-wide solutions to meet their
    unique needs, and EDA should be responsive to these community-led
    approaches. Western Governors urge increased flexibility in the
    allowable uses of EDA funds so that rural communities can prioritize
    the investments that work best for them.
        Western Governors recommend an increase in the proportion of
    economic development and infrastructure funding that goes toward
    capacity building, and Congress should allow EDA to negotiate the
    percentage of financial versus technical assistance within
    appropriations. 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 ensure that assistance reaches the communities that need
    it most. The Governors believe that assessment metrics based solely on
    the absolute number of jobs created do not reflect the important
    economic benefits of investments in community assets that improve
    quality of life and amenities and make rural communities attractive
    places to live, nor do they account for the relative effect of job
    creation in small communities or areas with high unemployment or
    poverty rates.
        Western Governors note that shifts in our economy, labor force, and
    technology require fundamental changes and new economic development
    strategies. They request that the subcommittee support small businesses
    and entrepreneurs; education and training that can be tailored to the
    needs of rural communities; economic diversification; and tax
    incentives, grants, and other financial incentives to spur innovation
    and attract businesses and manufacturing enterprises to rural areas.
    Western Governors are supportive of efforts to facilitate improved
    coordination across agencies and streamlined, one-stop application
    processes for rural customers.
        Many western communities, especially rural and Tribal communities,
    do not have 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 or individuals lack the skills, technology, or capacity to reap
    the benefits of our digital economy. Such realities have left many
    rural businesses at a competitive disadvantage and citizens without
    telework, telemedicine, and distance learning opportunities. Western
    Governors look forward to addressing this digital divide by
    implementing the significant broadband funding allocated to States
    through the Infrastructure Investment and Jobs Act's (IIJA; Public Law
    117-58) Broadband Equity, Access, and Deployment (BEAD) Program; State
    Digital Equity Planning Grants; and Digital Equity Capacity Grant
    Program.
        Despite this progress, Western Governors emphasize the need for
    continued Federal investment to close connectivity gaps and backfill
    IIJA funding. Western Governors urge Congress to consider additional
    funding for broadband deployment, including innovative and flexible
    ways to repurpose existing resources in alignment with State and
    territorial BEAD plans, and call on the subcommittee to identify and
    invest in unmet and ongoing digital equity needs after funds are
    expended in 2026. In addition, the subcommittee should support fiscal
    opportunities to improve broadband connectivity on Tribal lands.
        Cybersecurity is another priority of Western Governors. The
    increasing complexity and frequency of cyber threats pose significant
    risks to States and territories, economic stability, and national
    security. Countering these threats effectively requires a well-trained
    and experienced cybersecurity workforce. Therefore, Western Governors
    request long-term and sufficient funding for developing and expanding
    high-quality cybersecurity education and workforce development
    programs. These programs should include efforts to target
    underrepresented populations, retain personnel through rotations, and
    increase work-based learning opportunities. The subcommittee should
    expand the CyberCorps: Scholarship for Service Program and provide
    continued support to educational initiatives, such as the National
    Institute of Standards and Technology's (NIST) National Initiative for
    Cybersecurity Education and National Centers of Academic Excellence in
    Cyber Defense.
        The Missing and Murdered Indigenous Persons (MMIP) crisis continues
    to deeply affect western communities. Western Governors recommend that
    the subcommittee provide ample funding for Tribal courts and justice
    systems to ensure communities have the tools to address these crimes.
        Western Governors acknowledge the outsized harm caused by the
    opioid epidemic, which has become increasingly lethal and devastating
    to public health and safety. Reducing the epidemic's effects involves
    stemming the supply of illegally produced opioids and limiting
    inappropriate and nonmedical uses of prescription opioids. Western
    Governors urge the subcommittee to continue financially supporting
    State interdiction activities. The Governors appreciate past
    allocations to the Drug Enforcement Administration (DEA) to reimburse
    States for cleaning up and safely disposing of illegal substances.
        Western Governors believe that the subcommittee should expand
    opportunities for early intervention and law enforcement diversion,
    including community reentry programs and resources and training for law
    enforcement and emergency service providers, to prevent entry into the
    justice system for individuals with behavioral health conditions.
    Western Governors also call for designations to enhance access to harm
    reduction strategies at low costs for both teens and adults.
        Opioid education and awareness campaigns, such as those managed by
    DEA, are necessary tools to foster public dialogue and mobilize action
    across communities. The subcommittee should support DEA in further
    developing its campaigns and dedicate funding to States and territories
    for targeted and culturally specific opioid awareness and education
    efforts, especially efforts focused on youth awareness and education,
    which are complementary to those at the Federal level.
        Finally, western States rely on basic information on the status,
    trends, and projections of water resource availability to make sound
    water management decisions. This information allows water users
    throughout the West and decision makers at all levels of government to
    assess drought conditions and respond effectively with drought
    mitigation measures to reduce the risk of wildfires, ecosystem
    impairments, agricultural production loss, and degradation of municipal
    and industrial water supplies.
        For these reasons, Western Governors support strong and dedicated
    funding for the National Integrated Drought Information System (NIDIS),
    under the National Oceanic and Atmospheric Administration (NOAA), which
    performs a valuable role in western water management and drought
    response. Western Governors also support Federal programs dedicated to
    the improvement of data on snowpack, streamflow, soil moisture, and
    forecasting, including the NASA National Land Imaging (Landsat)
    Program, and Federal efforts to coordinate water data gathering and
    information programs across multiple agencies. Western Governors
    recognize the need for improved predictive capabilities for extreme
    weather variability and urge the subcommittee to place a priority on
    improving the sub-seasonal and seasonal precipitation forecasting
    capabilities that could facilitate water management decision making.
        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 Jack Waldorf, Executive Director.]
                                     ______

             Prepared Statement of Woodwell Climate Research Center
      prioritization of arctic research (earth system models), office of
               polar programs of the national science foundation
        On behalf of the Arctic Research Program at Woodwell Climate
    Research Center (``Woodwell Climate''), I am pleased to provide this
    written testimony to the U.S. Senate subcommittee on Commerce, Justice,
    Science, and Related Agencies for the official record. Woodwell Climate
    respectfully requests that the subcommittee adopt the following Report
    Language for fiscal year (FY) 2025:

            ``National Science Foundation--Directorate for Geosciences--
            Office of Polar Programs--'Arctic Research--The Committee
            supports the continued investments in Polar Programs research
            funding pursuant to Federal priorities set forth in the Arctic
            Research Plan and National Strategy for the Arctic Region.
            Recognizing the relevance of Arctic research for national
            mitigation responses, the Committee directs the National
            Science Foundation to fund research of Earth System model
            development that prioritizes improved representation of Arctic
            feedbacks, including permafrost carbon, on global climate at
            not less than $10 million annually.' ''

        As a leader in Arctic research with expertise in underrepresented
    climate feedbacks that inform national carbon budgets and policy
    interventions relevant to greenhouse gas (GHG) mitigation, Woodwell
    Climate is uniquely positioned to recommend the above language to this
    subcommittee.\1\ The following testimony seeks to further illustrate
    the justification and urgent need for this subcommittee to support a
    directed effort by the National Science Foundation (NSF) and
    specifically, its Office of Polar Programs (OPP), to solicit research
    and development of enhanced Earth System Models (ESMs) that include
    improved representation of permafrost thaw, boreal wildfires, and other
    Arctic ecological feedbacks on the global climate.
      the need for predictive climate models and implications of missing
                                arctic feedbacks
        Woodwell Climate's Arctic program examines the impacts of climate
    change in the circumpolar North, where temperatures are rising three to
    four times faster than the global average.\2\ These rising temperatures
    are exacerbating a host of natural disturbances and hazards across
    Alaska and the greater Arctic, including permafrost thaw--i.e., the
    loss of perennially frozen soil that underlies roughly 15% of the
    exposed land surface in the Northern Hemisphere. Permafrost is
    estimated to contain 1.5 trillion tons of carbon, or more than twice
    the amount of carbon as is currently in the atmosphere. Based on our
    current climate trajectory, loss of permafrost could release GHG
    emissions, including carbon dioxide and methane at levels rivaling the
    highest-emitting countries over the next century.\3\
        ESMs are instrumental for better understanding these climate
    scenarios and informing U.S. government interventions designed to
    mitigate the most extreme global impacts. The 2022-2026 Arctic Research
    Plan developed pursuant to the Arctic Research Policy Act of 1984 (15
    U.S.C. Sec. 4108), for example, recognizes computational models as
    ``foundational'' to all research activities concerning the Arctic
    region and beyond.\4\ The Research Plan specifically notes that ESMs
    provide a framework for understanding interactions among components of
    the Arctic and between the Arctic and the global system across a range
    of scales and complexity. The National Strategy for the Arctic Region
    further confirms the U.S. Federal Government's commitment to advancing
    monitoring and predictive capacity via improved global climate models--
    tools that enable the U.S. government to make science-informed
    decisions.\5\
        Yet to date, most ESMs that are used to inform government decision-
    making are missing critical disturbance processes arising from the
    Arctic region. Physical and biochemical processes, including surface
    hydrology, snow cover, soil decomposition and vegetation changes are
    largely underrepresented in the simulations. Most notably, permafrost
    thaw, including abrupt thaw, and interactions between permafrost and
    high-latitude wildfires are not adequately considered. The IPCC 6th
    Assessment Report (AR6), published in 2021, noted with high confidence
    that permafrost will continue to thaw and will lead to carbon release
    to the atmosphere--however, only two of the 11 models available to the
    IPCC included representation of permafrost carbon. Neither of those
    ESMs included important processes such as abrupt thaw or interactions
    between permafrost and vegetation cover change or wildfire.
        The subcommittee should recognize the significant implications of
    this ESM phenomena: Without fully accounting for feedbacks that
    accelerates carbon loss in high latitudes, the U.S. government cannot
    accurately predict the magnitude and timescale of global GHG emissions,
    including carbon dioxide and methane.\6\ This uncertainty means that
    the efforts of the Federal Government to set reasonably achievable GHG
    emission reduction targets and adhere to global carbon budgets are not
    based on the best available science.
      directing nsf to prioritize funding for esm research and development
        Woodwell Climate recommends that the subcommittee recognize the OPP
    within the Geosciences Directorate of NSF as well-positioned to address
    these modeling gaps and to stimulate proposals for ESM research and
    development with a focused attention on missing Arctic processes. OPP
    is mandated to promote scientific research about the polar regions, and
    specifically, research that advances understanding of polar systems and
    their global interactions as it pertains to the Nation.\7\ The
    integration of permafrost-carbon dynamics and other Arctic feedbacks
    into ESMs aligns with this mission.
        While Federal policy informing OPP operations, including frameworks
    previously mentioned, recognize the value of ESMs in predicting future
    Arctic change, the current Federal funding landscape is not conducive
    to ESM development. For example, most Federal grant-funded science
    projects have a duration of 3 years--a cycle that is proven too short
    for early-career researchers to complete meaningful ESM development and
    research before transitioning to a new project or position. Moreover,
    government agencies traditionally prefer to fund research projects that
    directly answer headline science questions; model development grants
    are more nuanced, as they are generally non-hypothesis driven and aim
    to achieve many intermediate steps.
        Woodwell Climate has therefore recommended report language to this
    subcommittee that would effectively indicate a tonal shift in the
    Federal ESM funding priorities. With a directive to emphasize and
    allocate requisite funding for ESM development projects, Woodwell
    Climate expects that NSF will receive an influx of ESM development
    proposals, particularly those that seek to incorporate missing global
    climate feedbacks such as permafrost thaw. The funds may also help to
    support longer-term investments in training members of the ESM and
    modeling community and provide the time needed for additional
    benchmarking and evaluation that is required to trace performance of
    more complex models.
        The ongoing efforts of Woodwell Climate and experts in both the
    U.S. Federal Government and independent institutions confirm that there
    is already sufficient knowledge, expertise, and computational capacity
    to increase the accuracy of ESMs. Support from this subcommittee is
    necessary, however, to ensure that ESM development--and particularly,
    the inclusion of permafrost carbon dynamics--is recognized as a Federal
    research and policy priority. By adopting the requested report language
    and directing NSF to dedicate no less than $10 million per year per
    model to advance the integration of missing Arctic processes in ESM
    models, this subcommittee would signal recognition that ESM development
    is foundational to national climate security and hazard mitigation in a
    changing world.
                                   conclusion
        Woodwell Climate strongly urges the subcommittee to recognize the
    importance of the Arctic region in enhancing the Nation's climate
    security and mitigation response. Accordingly, Woodwell Climate
    respectfully requests the adoption of report language that supports a
    directed effort by NSF to fund ESM development that prioritizes
    improved representation of Arctic feedbacks, including permafrost
    carbon, on global climate at not less than $10 million per year
    starting in FY2025. Such investment will ensure that the U.S. research
    community is able to more accurately predict future climate scenarios
    and better inform policy decisions.
        On behalf of Woodwell Climate, I would like to thank you for the
    opportunity to provide this testimony. Please do not hesitate to
    contact me should you have any questions about Woodwell Climate or the
    Arctic Program's scientific research.
    ---------------------------------------------------------------------------
        \1\ Arctic, Woodwell Climate, https://www.woodwellclimate.org/
    research-area/arctic/; in 2022, Arctic scientists at Woodwell Climate
    Research Center launched ``Permafrost Pathways'' which leverages
    expertise of leading institutions to address climate mitigation
    strategies, including enhanced monitoring and modeling of permafrost
    thaw processes across the Arctic. See https://
    permafrost.woodwellclimate.org/.
        \2\ Rantanen, M., et al. (2022). The Arctic has warmed nearly four
    times faster than the globe since 1979 (2022). Commun Earth Environ 168
    (3). https://doi.org/10.1038/s43247-022-00498-3.
        \3\ Natali, S. M., Bronen, R., Cochran, P., Holdren, J. P., Rogers,
    B. M., & Treharne, R. (2022). Incorporating permafrost into climate
    mitigation and adaptation policy Environ. Res. Lett. 17 091001. https:/
    /doi.org/10.1088/1748-9326/ac8c5a.
        \4\ See Arctic Research Plan 2022-2026: A Report by the Interagency
    Arctic Research Policy Committee of the National Science and Technology
    Council (December 2021), https://www.iarpccollaborations.org/uploads/
    cms/documents/final-arp-2022-2026-20211214.pdf.
        \5\ U.S. White House, National Strategy for the Arctic Region
    (2022), https://www.whitehouse.gov/wp-content/uploads/2022/10/National-
    Strategy-for-the-Arctic-Region.pdf.
        \6\ Natali, S. M., Holdren, J. P., Rogers, B. M., Treharne, R.,
    Duffy, P. B., Pomerance, R., & MacDonald, E. (2021). Permafrost carbon
    feedbacks threaten global climate goals. Proceedings of the National
    Academy of Sciences, 118(21). https://doi.org/10.1073/pnas.2100163118.
        \7\ Office of Polar Programs, NSF, https://www.nsf.gov/div/
    index.jsp?div=OPP.

        [This statement was submitted by Melissa Shapiro, J.D., Arctic
    Policy Lead.]

           LIST OF WITNESSES, COMMUNICATIONS, AND PREPARED STATEMENTS

                                  ----------
                                                                       Page

    All Rise, Prepared Statement of..................................   233
    American:
        Bar Association, Prepared Statement of.......................   234
        Foreign Service Association (AFSA), Prepared Statement of The   237
        Geophysical Union, Prepared Statement of.....................   238
        Governance Institute, Prepared Statement of..................   240
        Indian Higher Education Consortium, Prepared Statement of the   243
        Institute of Biological Sciences, Prepared Statement of......   245
        Physiological:
            Association Services, Inc., Prepared Statement of........   249
            Society (APS), Prepared Statement of.....................   247
        Rivers, Prepared Statement of................................   251
        Society:
            for Microbiology, Prepared Statement of the..............   253
            of Agronomy, Prepared Statement of.......................   256
            of Plant Biologists, Prepared Statement of...............   257
    Animal Welfare Institute, Prepared Statement of..................   259
    Artie Ann Bates, MD, Psychiatrist, Prepared Statement of.........   262
    Association of:
        Science and Technology Centers, the American Alliance of
          Museums, the Association of Children's Museums, and the
          Association of Science Museum Directors, Prepared Statement
          of the.....................................................   264
        State Floodplain Managers, Prepared Statement of.............   266
    Boys and Girls Club of America, Prepared Statement of............   268
    Britt, Senator Katie, U.S. Senator From Alabama, Questions
      Submitted by...................................................   122
    CAST, Prepared Statement of......................................   270
    Chugach Regional Resources Commission, Prepared Statement of.....   272
    Citizens for Responsibility and Ethics in Washington, Prepared
      Statement of...................................................   275
    Coastal States Organization, Estuarine Research Reserve
      Association, Integrated Ocean Observing System Association,
      National Marine Sanctuary Foundation, & Sea Grant Association,
      Prepared Statement of..........................................   276
    Collins, Senator Susan M., U.S. Senator From Maine:
        Opening Statement of.........................................   185
        Questions Submitted by

    Concerned Letcher Countians, LLC, Prepared Statement of..........   279
    Consortium of Social Science Associations, Prepared Statement of.   281
    Court Appointed Special Advocates Program/Guardian ad Litem
      Association for Children, Prepared Statement of................   283
    Daughters of Penelope, Prepared Statement of.....................   285
    Entomological Society of America, Prepared Statement of..........   288
    Environmental Solutions International, Prepared Statement of.....   290
    Federation of:
        American Societies for Experimental Biology, Prepared
          Statement of...............................................   294
        Associations in Behavioral and Brain Sciences, Prepared
          Statement of...............................................   295
    Fischer, Senator Deb, U.S. Senator From Nebraska, Questions
      Submitted by

    Foundation for American Innovation, Prepared Statement of

    Garland, Hon. Merrick B., Attorney General of the United States,
      Department of Justice:
        Prepared Statement of........................................     6
        Questions Submitted to.......................................    44
        Statement of.................................................     4
    Hagerty, Senator Bill, U.S. Senator From Tennessee, Questions
      Submitted by...................................................   118
    Heinrich, Senator Martin, U.S. Senator From New Mexico, Questions
      Submitted by

    Humane Society Legislative Fund and The Humane Society of the
      United States, Prepared Statement of...........................   301
    Insights Association, Prepared Statement of......................   303
    IOOS Association, Prepared Statement of..........................   305
    Jamestown S'Klallam Tribe, Prepared Statement of.................   307
    John Snook, Chief Policy Officer Meadows Mental Health Policy
      Institute, Prepared Statement of...............................   347
    Kennedy, Senator John, U.S. Senator From Louisiana, Questions
      Submitted by

    Kentucky Resources Council, Prepared Statement of................   310
    Learning and Education Academic Research Network, Prepared
      Statement of...................................................   311
    Manchin, Senator Joe, III, U.S. Senator From West Virginia,
      Questions Submitted by

    MENTOR, Prepared Statement of....................................   312
    Moran, Senator Jerry, U.S. Senator From Kansas:
        Opening Statement of

        Question Submitted by........................................   108
    Murkowski, Senator Lisa, U.S. Senator From Alaska, Questions
      Submitted by

    Murray, Senator Patty, U.S. Senator From Washington, Question
      Submitted by...................................................   171
    National:
        Association of Marine Laboratories, Prepared Statement of....   315
        Estuarine Research Reserve Association, Prepared Statement of   317
        Fish and Wildlife Foundation, Prepared Statement of..........   319
        Legal Aid & Defender Association, Prepared Statement of......   322
        Marine Sanctuary Foundation, Prepared Statement of...........   325
        Security Counselors, Prepared Statement of...................   327
    Natural Science Collections Alliance, Prepared Statement of......   329
    Nature Conservancy, Prepared Statement of The....................   332
    Nelson, Honorable Bill, Administrator, National Aeronautics and
      Space Administration:
        Prepared Statement of........................................   137
        Questions Submitted to.......................................   171
        Statement of.................................................   137
    New England Innocence Project, Prepared Statement of.............   334
    Nez Perce Tribe, Prepared Statement of The.......................   337
    Northwest Indian Fisheries Commission, Prepared Statement of.....   339
    Office of Juvenile Justice and Delinquency Prevention (OJJDP),
      Prepared Statement of..........................................   342
    Pacific Salmon Commission, Prepared Statement of.................   343
    Panchanathan, Honorable Dr. Sethuraman, Director, National
      Science Foundation:
        Prepared Statement of........................................   141
        Questions Submitted to.......................................   175
        Statement of.................................................   139
    Peters, Senator Gary, U.S. Senator From Michigan, Questions
      Submitted by

    Population Association of America/Association of Population
      Centers, Prepared Statement of.................................   345
    Project On Government Oversight (POGO), Prepared Statement of....   349
    Raimondo, Hon. Gina M., Secretary, Department of Commerce:
        Prepared Statement of........................................    60
        Questions Submitted to.......................................    92
        Statement of.................................................    58
    Regional Information Sharing Systems (RISS) Program, Prepared
      Statement of...................................................   351
    Sandy Hook Promise, Prepared Statement of........................   354
    Sea Grant Association, Prepared Statement of.....................   356
    Shaheen, Senator Jeanne, U.S. Senator From New Hampshire:
        Opening Statement

        Questions Submitted by.......................................   175
    Society for Industrial and Applied Mathematics, Prepared
      Statement of...................................................   358
    Society for Industrial and Organizational Psychology, Prepared
      Statement of...................................................   361
    Society for Neuroscience, Prepared Statement of..................   363
    Stronger America Through Seafood, Prepared Statement of..........   365
    U.S. Census Bureau, Prepared Statement of........................   366
    University of Illinois System, Prepared Statement of.............   366
    Van Hollen, Senator Chris, U.S. Senator From Maryland, Questions
      Submitted by

    Vera Institute of Justice, Prepared Statement of.................   367
    Voice of the Experienced, Prepared Statement of..................   369
    Western Governors' Association, Prepared Statement of............   371
    Woodwell Climate Research Center, Prepared Statement of..........   373
    Wray, Hon. Christopher A., Director, Federal Bureau of
      Investigation:
        Prepared Statement of........................................   188
        Statement of.................................................   186

                                 SUBJECT INDEX

                                  ----------

                                                                       Page

                             DEPARTMENT OF COMMERCE

    Additional Committee Questions                                       92
        Questions Submitted by Senators:
            Britt, Senator Katie.....................................   122
            Collins, Susan M.........................................   101
            Fischer, Deb.............................................   129
            Hagerty, Bill............................................   118
            Heinrich, Martin.........................................    98
            Manchin, Senator Joe, III................................    92
            Moran, Jerry.............................................   108
            Murkowski, Lisa..........................................   104
            Peters, Gary.............................................    99
            Van Hollen, Chris........................................    94
                                   __________

                             DEPARTMENT OF JUSTICE

    Introduction.....................................................     6
    Keeping Our Country Safe.........................................     7
    Protecting Civil Rights..........................................    12
    Additional Areas of Departmental Focus...........................    13
    Additional Committee Questions                                       44
        Questions Submitted by Senators:
            Collins, Susan M.........................................    49
            Fischer, Deb.............................................    51
            Kennedy, John............................................    50
            Manchin, Senator Joe, III................................    44
            Peters, Gary.............................................    48
                                   __________

                        FEDERAL BUREAU OF INVESTIGATION

    Conclusion.......................................................   198
    Criminal Threats.................................................   194
    FY 2025 Budget Overview..........................................   188
    Key:
        Cross-Cutting Capabilities and Capacities....................   197
        Threats and Challenges.......................................   189
    National Security................................................   189
                                   __________

                 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

    Additional Committee Questions                                      170
        Questions Submitted by Senators:
            Murkowski, Lisa..........................................   174
            Murray, Patty............................................   171
            Van Hollen, Chris........................................   173

                          NATIONAL SCIENCE FOUNDATION

    Additional Committee Questions                                      170
        Questions Submitted by Senators:
            Heinrich, Martin.........................................   178
            Kennedy, John............................................   179
            Shaheen, Jeanne..........................................   175
            Van Hollen, Chris........................................   177
    Conclusion.......................................................   150
    Four Strategic Themes............................................   142
    Improve Access to America's Statistical Data.....................   150
    Introduction.....................................................   141
    NSF's Three Pillars..............................................   142
    Research Security................................................   149
    Sexual Assault and Harassment Prevention and Response............   150

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