COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES APPROPRIATIONS FOR 2010 

HEARINGS 

BEFORE A 

SUBCOMMITTEE OF THE 

COMMITTEE ON APPROPRIATIONS 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES 

ALAN B. MOLLOHAN, West Virginia, Chairman 

PATRICK J. KENNEDY, Rhode Island 

CHAKA FATTAH, Pennsylvania 

ADAM SCHIFF, California 

MICHAEL HONDA, California 

C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland 

PETER J. VISCLOSKY, Indiana 

JOSE ́ E. SERRANO, New York 

FRANK R. WOLF, Virginia 

JOHN ABNEY CULBERSON, Texas 

ROBERT B. ADERHOLT, Alabama 

JO BONNER, Alabama 

NOTE: Under Committee Rules, Mr. Obey, as Chairman of the Full Committee, and Mr. Lewis, as Ranking 

Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. 

JOHN BLAZEY, DIXON BUTLER, ADRIENNE SIMONSON, 

TRACEY LATURNER, DIANA SIMPSON, and DAREK NEWBY

Subcommittee Staff 

PART 8 

STATEMENTS OF MEMBERS OF CONGRESS AND OTHER 

INTERESTED INDIVIDUALS AND ORGANIZATIONS 

( 

Printed for the use of the Committee on Appropriations 


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PART 8—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR 2010 


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COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES APPROPRIATIONS FOR 2010 

HEARINGS 

BEFORE A 

SUBCOMMITTEE OF THE 

COMMITTEE ON APPROPRIATIONS 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES 

ALAN B. MOLLOHAN, West Virginia, Chairman 

PATRICK J. KENNEDY, Rhode Island 

CHAKA FATTAH, Pennsylvania 

ADAM SCHIFF, California 

MICHAEL HONDA, California 

C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland 

PETER J. VISCLOSKY, Indiana 

JOSE ́ E. SERRANO, New York 

FRANK R. WOLF, Virginia 

JOHN ABNEY CULBERSON, Texas 

ROBERT B. ADERHOLT, Alabama 

JO BONNER, Alabama 

NOTE: Under Committee Rules, Mr. Obey, as Chairman of the Full Committee, and Mr. Lewis, as Ranking 

Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. 

JOHN BLAZEY, DIXON BUTLER, ADRIENNE SIMONSON, 

TRACEY LATURNER, DIANA SIMPSON, and DAREK NEWBY

Subcommittee Staff 

PART 8 

STATEMENTS OF MEMBERS OF CONGRESS AND OTHER 

INTERESTED INDIVIDUALS AND ORGANIZATIONS 

( 

Printed for the use of the Committee on Appropriations 

U.S. GOVERNMENT PRINTING OFFICE 

48–765 WASHINGTON : 2009 


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COMMITTEE ON APPROPRIATIONS 

DAVID R. OBEY, Wisconsin, Chairman 

JOHN P. MURTHA, Pennsylvania 

NORMAN D. DICKS, Washington 

ALAN B. MOLLOHAN, West Virginia 

MARCY KAPTUR, Ohio 

PETER J. VISCLOSKY, Indiana 

NITA M. LOWEY, New York 

JOSE ́ E. SERRANO, New York 

ROSA L. DELAURO, Connecticut 

JAMES P. MORAN, Virginia 

JOHN W. OLVER, Massachusetts 

ED PASTOR, Arizona 

DAVID E. PRICE, North Carolina 

CHET EDWARDS, Texas 

PATRICK J. KENNEDY, Rhode Island 

MAURICE D. HINCHEY, New York 

LUCILLE ROYBAL-ALLARD, California 

SAM FARR, California 

JESSE L. JACKSON, JR., Illinois 

CAROLYN C. KILPATRICK, Michigan 

ALLEN BOYD, Florida 

CHAKA FATTAH, Pennsylvania 

STEVEN R. ROTHMAN, New Jersey 

SANFORD D. BISHOP, JR., Georgia 

MARION BERRY, Arkansas 

BARBARA LEE, California 

ADAM SCHIFF, California 

MICHAEL HONDA, California 

BETTY MCCOLLUM, Minnesota 

STEVE ISRAEL, New York 

TIM RYAN, Ohio 

C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland 

BEN CHANDLER, Kentucky 

DEBBIE WASSERMAN SCHULTZ, Florida 

CIRO RODRIGUEZ, Texas 

LINCOLN DAVIS, Tennessee 

JOHN T. SALAZAR, Colorado 

JERRY LEWIS, California 

C. W. BILL YOUNG, Florida 

HAROLD ROGERS, Kentucky 

FRANK R. WOLF, Virginia 

JACK KINGSTON, Georgia 

RODNEY P. FRELINGHUYSEN, New 

Jersey 

TODD TIAHRT, Kansas 

ZACH WAMP, Tennessee 

TOM LATHAM, Iowa 

ROBERT B. ADERHOLT, Alabama 

JO ANN EMERSON, Missouri 

KAY GRANGER, Texas 

MICHAEL K. SIMPSON, Idaho 

JOHN ABNEY CULBERSON, Texas 

MARK STEVEN KIRK, Illinois 

ANDER CRENSHAW, Florida 

DENNIS R. REHBERG, Montana 

JOHN R. CARTER, Texas 

RODNEY ALEXANDER, Louisiana 

KEN CALVERT, California 

JO BONNER, Alabama 

STEVEN C. LATOURETTE, Ohio 

TOM COLE, Oklahoma 

BEVERLY PHETO, Clerk and Staff Director 

(II)


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COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS FOR 

2010 

TESTIMONY OF MEMBERS OF CONGRESS AND OTHER 

INTERESTED INDIVIDUALS AND ORGANIZATIONS 

THURSDAY, APRIL 2, 2009. 

NATIONAL INSTANT CRIMINAL BACKGROUND CHECK 

SYSTEM AND TIAHRT AMENDMENT 

WITNESS 

HON. CAROLYN McCARTHY, A REPRESENTATIVE IN CONGRESS FROM 

THE STATE OF NEW YORK 

OPENING STATEMENT

Mr. MOLLOHAN. The hearing will come to order. 

This morning we have outside witnesses and we welcome each 

and every one of you. And we welcome first our colleague, Carolyn 

McCarthy. 

Carolyn, thank you for appearing here today. You continue your 

tradition of representing your constituency well by appearing everywhere and being involved and active in every issue. And we welcome you here this morning for your testimony. 

Mrs. MCCARTHY. Thank you, Mr. Chairman. 

And I also thank Ranking Member Wolf and the members of the 

Commerce, Justice Appropriations Subcommittee. 

I appreciate you allowing me to testify today in support of including full funding for the fiscal year 2010 Commerce, Justice, Science 

appropriations bill under the Department of Justice’s communityoriented policing service to implement H.R. 2640, ‘‘The NICS Improvement Act,’’ Public Law number 10–180. 

I thank the Committee for including ten million for NICS improvements in 2009. This is a good start, but there is more needed 

to make a difference. 

H.R. 2640 was signed into law on January 8th, 2008 after having 

passed both the House and the Senate unanimously. I know the 

budget is tight, Mr. Chairman, but fully funding this program is 

so important because currently the National Instant Criminal 

Background Check System or NICS is deeply flawed. 

NICS is a national database system that flags individuals precluded under current law from purchasing and possessing firearms. 

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bases that make up the NICS due to funding restrictions and technology issues at the state level. Many states have not automated 

individual records concerning mental illness, restraining orders, or 

misdemeanor convictions for domestic violence. 

Simply put, NICS must be updated on the state level so that it 

can properly function on the federal level. This point is underscored 

by the circumstances surrounding the shootings of Virginia Tech in 

2007 and also with what occurred in the First Baptist Church in 

Maryville, Illinois this year. 

Both of these shootings remind me of the similar shootings that 

took place in my district at Our Lady of Lord’s Peace Church in 

Lynbrook, New York in 2002. 

Peter Troy purchased a 22 caliber semiautomatic rifle. He had a 

history of mental health illnesses and his own mother had a restraining order against him as a result of his violent background. 

Four days later, Mr. Troy walked into Our Lady of Peace Church 

in Lynbrook, New York and opened firing, killing two people. It 

was illegal for him to purchase a gun, but for many reasons, he 

was able to slip through the NICS system. 

Similarly, in the Virginia Tech shooting, the NICS system allowed the shooter’s record to slip through the cracks and he was 

able to purchase two handguns and used them to brutally murder 

32 individuals. 

He passed a Brady background check because NICS did not have 

the necessary information. Sadly this scenario happens too frequently. 

‘‘The NICS Improvement Amendments Act’’ requires all states to 

provide NICS with the relevant records needed to conduct efficient 

background checks. It is the state’s responsibility to ensure this information is current and accurate. They must update their records 

to ensure violent criminals do not have access to firearms and then 

they must share the information with NICS. 

However, I recognize many state budgets are already overburdened. This law provides grants to states to update their records 

while providing those records to NICS. 

States will receive the funds they need to make sure relevant 

records are up to date. ‘‘The NICS Improvement Act of 2007’’ corrects the primary flaws and will prevent thousands of individuals 

precluded from purchasing firearms. 

Approximately 916,000 individuals were precluded from purchasing a firearm for failing a background check between November 30, 1998 and NICS began operating on December 31, 2004. 

During this same period, nearly 49 million Brady background 

checks were processed through NICS. These numbers provide that 

NICS works and will continue to work. However, since NICS is 

only as good as the information it contains, we must ensure that 

NICS has the most up-to-date records to stop criminals, those adjudicated as mentally ill and those under restraining order from purchasing firearms. 

It has been estimated that approximately 40 million records are 

missing from the various databases that makes up NICS. By providing this funding, we will move one step closer to bringing the 

records of millions of barred individuals into NICS. This law imposes no new restrictions on gun owners and does not infringe on 


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2nd Amendment rights of law-abiding citizens. It simply makes improvements to a program to save lives. 

The NRA, the Brady Campaign, Mayors Against Illegal Guns, 

and a number of towns and cities have supported full funding for 

NICS. I respectfully request that you include 375 million in fiscal 

year 2010 Commerce, Justice, Science bill under the Department of 

Justice’s community-oriented policing services in order to fully fund 

‘‘The NICS Improvement Act.’’ 

On another matter, I want to express my continued strong opposition to the provision in the bill known as the Tiahrt Amendment. 

I fully support eliminating the Tiahrt language. Short of this, I 

support efforts to continue to improve the language so that law enforcement can have the tools it needs to fully investigate and prosecute gun crimes. 

Trace data is how you find the store purchases and problematic 

gun dealers. It is time that the ATF was able to fully share crime 

gun trace data to work hand in hand with state and local law enforcement. That full partnership could help stem the flow of illegal 

guns into Mexico and it could deter illegal guns trafficking into 

American cities as well. 

I thank you for your time and I would be happy to answer any 

questions. 

[Written statement by Congresswoman Carolyn McCarthy follows:] 


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Mr. MOLLOHAN. Thank you, Carolyn. I have no questions, but 

thank you very much for your testimony, Carolyn. 

Mrs. MCCARTHY. Thank you. 

Mr. MOLLOHAN. Thank you. 

Next the Committee would like to welcome Elbridge Coochise, 

Independent Tribal Courts Review Team, testifying on their behalf. 

The Committee is going to ask the witnesses to keep their oral 

testimony to five minutes because we have a lot of witnesses and, 

you know, one day. We appreciate very much your respecting that 

request. And we will maybe give you, if some folks get carried away 

and that is understandable because you are passionate about your 

testimony, we will give you a little reminder maybe. 

Welcome, Mr. Coochise. 

THURSDAY, APRIL 2, 2009. 

INDEPENDENT TRIBAL COURTS REVIEW TEAM 

WITNESS 

ELBRIDGE COOCHISE 

Mr. COOCHISE. Thank you, Mr. Chairman. Thank you for allowing me to appear before you—— 

Mr. MOLLOHAN. Thank you for being here. 

Mr. COOCHISE [continuing]. To address the serious issue of funding of tribal judicial systems in Indian Country. 

I represent the Independent Review Team that was formed about 

three years ago, and we have 156 tribes with courts that we are 

going to review. We have done about 50. 

And so our request is from our findings that the Committee appropriate 58.4 million as was authorized twice now in ‘‘The Indian 

Tribal Justice Act.’’ 

In our findings, we have noted that tribal judicial systems out 

there are really hampered and hindered with the limitation of 

funding in dealing with like even hiring and training and the salaries of the court staff, including judges. 

Even appellate judges, since we reviewed a court a couple weeks 

ago, they have an appellate court, but they are limited to four 

hours per month and they are backlogged 29 cases. And they are 

law trained judges. They get paid $25.00 an hour to hear appeals. 

And so that is what we have. On the other hand, there are court 

systems that are operating in condemned buildings. And an example, like I said, two weeks ago, two of my team members went in 

to talk to the clerk and get the information on it because of the 

speedy trial issue. In 40 minutes, they came out. Both of them 

were sick and they could not function until the next day when they 

got some of that cleared. 

And there are a number of courts that are operating in condemned buildings or buildings that are not useable because they 

are infested with rats or other issues and the electricity does not 

hold up. 

There is really a need for state-of-the-art such as computers and 

software at these tribes and in order to maintain a record system, 

many of them are still doing it manually. 


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And we appreciate the money, that 25 million that was put in 

Department of Justice to help with the facilities, but part of the 

problem with that is that they are grants. And many of the poorest 

tribes and courts that are operating do not have grants writers. So 

they are really not in a position to compete for those grants. And 

then because the grants end after a year or three years, they are 

back in the same boat when those grants run out. 

One of the courts we reviewed in South Dakota, they were operating until the grants ended and then they were back to one judge 

and one and a half clerks to operate the system. But they did not 

have the software to maintain their record system. 

There is a total of 11.9 million that the 156 tribes share and we 

found that only 26 percent of those courts being funded are federal 

dollars. The others are from the tribes themselves where they can 

fund them. 

And so two things came out in our review in the past two, three 

years is there is no written fiscal policy manuals for the court systems because they do handle different money flow coming through 

the system. And the second is written court procedures that is 

geared to the tribe’s own court system. Many of them are trying to 

use procedures in training materials that they attended in how the 

courts operate, but none of those are in place. 

And so in the three years that we have been reviewing courts, 

they are still in pretty dire need of funds just to operate. And as 

I said, facilities are not the best accommodations. 

And our concern is that if the justice system is going to work, 

several things have to happen. Of course, certainly funding, but the 

personnel. The salaries are so low that most of them cannot even 

attract any qualified people to sit in those positions. 

And so in looking at the system, our reviews have been systemic 

and we are finding because of our directive from OMB to look at 

what federal funds they get, how are they spending. We have only 

found one of the fifty tribes where it was questionable that they 

were spending money elsewhere. 

And then toward the end of last year, we also got a directive to 

look at the speedy trial issues because that article in either Wall 

Street or New York Times about no justice because it was not allowed. Well, we reviewed fifteen and only one was there a violation 

at the tribal court. 

So those that do not have any criteria or measurement, we relied 

on the federal standard of the speedy trial and found that 14 of the 

15 were in compliance with that issue. 

So even with the limited funding, they are still doing it. And certainly with only 70 jails in Indian Country and five or six are condemned or no longer operable, that for the courts, we do not have 

a resource once it goes through the system. 

So we are requesting that money to be appropriated so the justice systems have sufficient resources to operate. 

[Written statement by Elbridge Coochise, Chief Justice, Retired 

follows:] 


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Mr. MOLLOHAN. We will follow-up with you on these issues. 

Mr. COOCHISE. Huh? 

Mr. MOLLOHAN. We will follow-up with you on these issues. 

Mr. COOCHISE. Okay. And I appreciate it. If you have any questions, I would be glad to answer. 

Mr. MOLLOHAN. Thank you, Justice Coochise. 

Mr. COOCHISE. And here is a copy, I will leave it, our final fiscal 

year report on the reviews—— 

Mr. MOLLOHAN. Okay. 

Mr. COOCHISE [continuing]. That we have done. And it covers 

some of the areas that I mentioned. 

Mr. MOLLOHAN. All right. Thank you very much for your testimony. 

Mr. COOCHISE. Thank you very much for your time. 

Mr. MOLLOHAN. Thank you for your appearance. Thank you, Justice. 

Next the Committee would like to welcome David Bean testifying 

on behalf—I am not going to do it justice, so you tell me how you 

pronounce it, please. 

Mr. BEAN. Puyallup, Puyallup Tribe, Puyallup Tribe. 

Mr. MOLLOHAN. Puyallup Tribe of Washington. 

Mr. BEAN. Good job. 

Mr. MOLLOHAN. Thank you for your appearance here today, 

Councilman Bean. You may proceed. 

THURSDAY, APRIL 2, 2009. 

PUYALLUP TRIBE OF WASHINGTON 

WITNESS 

DAVID BEAN, COUNCILMAN 

Mr. BEAN. Good morning, Mr. Chairman. 

Mr. MOLLOHAN. Good morning. 

Mr. BEAN. My name is David Bean. I am a member of the Puyallup Tribal Council. And with me today is fellow council member 

Nancy Gaines, Nancy Shipenpower Gaines in the back here. 

Mr. MOLLOHAN. Welcome. 

Mr. BEAN. On behalf of the Puyallup Tribe, we would like to 

thank you and Ranking Member Wolf for your continued support 

to tribal issues. 

We have some detailed written testimony to the Subcommittee 

and we look forward to working with the 111th Congress to ensure 

that adequate funding for important Department of Justice programs are included in the fiscal year 2010 budget. 

We come from the Puyallup Reservation which is located in a 

major metropolitan area. Our reservation is 18,000 acres. It encompasses the cities of Tacoma, Fife, Milton, Puyallup, Edgewood, and 

Federal Way. We provide services to our 4,000 members and 25,000 

plus Native Americans and Alaskan Natives from over 355 federally recognized tribes. 

While there are many Department of Justice programs that are 

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gram, and ‘‘The Violence Against Woman Act’’ programs, we would 

like to talk to you today about the condition of the tribe’s detention 

facility. 

We currently operate a law enforcement division, has a Chief of 

Police, 26 commissioned officers, and two reserve officers. We have 

nine detention officers due to limited federal funding for law enforcement in Indian Country. Only two officers are funded through 

our BIA 638 contract. The remaining personnel, facility operations, 

and maintenance are funded through tribal monies earned within 

our tribal economy totaling $5.7 million per year. 

The Puyallup Tribe works closely with the state and local law enforcement authorities and has been engaged in intergovernmental 

agreements with Fircrest County and the City of Tacoma for many 

years. 

Our tribal police officers are cross-deputized so that arrests can 

be made under city and county jurisdictions. The offenders are then 

turned over to the local authorities. 

The importance of cross-deputization is highlighted by the impact 

of gangs on the Puyallup Reservation. Currently there are 28 active gangs on our reservation. Gang activities include drug trafficking, weapon sales, turf wars which result in drive-by shootings. 

Interstate 5 runs through the middle of our reservation and it is 

known as a major drug corridor. With continuing increase in population, gang-related activities and the impact of manufacturing of 

methamphetamines in the region that services the Puyallup Nation 

law enforcement division are exceeding maximum levels. 

The tribe successfully operated a regional detention facility for 

many years, but was forced to close the facility, resulting from 

damages from the 2001 Nisqually earthquake. 

This required us to relocate our detention services to temporary 

modular facilities. Over time, our ability to effectively and safely 

incarcerate inmates due to the deteriorated condition of the temporary facilities has been severely impacted. 

A recent inspection by the BIA Office of Professional Standards 

has verified these conditions and included a recommendation that 

no further funds should be allocated to bring the facility up to any 

standard. 

To address this issue, we have initiated design and construction 

of a 28,000 square foot justice center at an estimated cost of $15 

million. The justice center will provide necessary facilities for the 

delivery of judiciary services, including a tribal court, a court clerk, 

prosecution, probation, a public defender, emergency preparedness, 

and law enforcement services. It includes a police headquarters and 

a 7,000 square foot, 28-cell adult detention facility. 

The pro-rated cost of a detention facility is $5.25 million. The justice center will not just be a facility to lock up Indians. 

In addition to being designed to DOJ and BIA standards, the justice center will provide holistic healing towards rehabilitation of 

our inmates. Counseling services will be provided in the areas of 

drug and alcohol addiction, mental health wellness, and domestic 

violence. 

Regional support has been provided by Mayor Bill Baarsma of 

the City of Tacoma; Fircrest County Executive Pat McCarthy; Paul 

Pastor, the Fircrest County Sheriff. Support has also been positive 


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with the Washington State Congressional Delegation. We have met 

with Senator Murray, Senator Cantwell, Congressman Smith, and 

Congressman Dicks. And their staff at all offices were encouraged 

by the tribe’s project and cooperation with the local jurisdictions. 

The Department of Justice programs established to address detention facilities in Indian Country have been historically underfunded and proposed for elimination by the past Administration. 

It has been estimated in an Interior Department report entitled 

Master Plan for Justice Services in Indian Country that 8.4 billion 

is needed over the next ten years to bring tribal and BIA detention 

centers up to current standards and relieve overcrowding. 

The Puyallup Tribe is requesting the Committee’s support for 

special appropriations funding for the detention facility component 

of the new justice center in the amount of $5.25 million. 

We would like to thank the Committee for your support and we 

look forward to working with you on the tribe’s request. 

[Written testimony by Puyallup Tribe of Indians follows:] 


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Mr. MOLLOHAN. Thank you, Councilman Bean. Thank you very 

much for your testimony here today. 

Mr. BEAN. Thank you. 

And I would just like to close with saying we fully support the 

efforts of Mr. Bill Frank of the Northwest Indian Fish Commission 

who will be offering testimony here in a few short moments. 

So thank you. 

Mr. WOLF. Mr. Chairman, could I just ask one question? 

Mr. MOLLOHAN. Sure. 

Mr. WOLF. Have you asked the FBI to come in with regard to the 

gangs? The FBI is a gang intelligence operation. Have you asked 

them to come in and look at it? 

Mr. BEAN. We have not, but I will take that under advisement 

and bring that back to our law enforcement agency. 

Mr. WOLF. Thank you. 

Mr. MOLLOHAN. Thank you, Councilman Bean. 

Mr. BEAN. Thank you. 

Mr. MOLLOHAN. Thank you very much. 

Next the Committee would like to welcome Ron Hawley testifying on behalf of SEARCH. 

Welcome, Mr. Hawley. Your written statement will be made a 

part of the record and if you can summarize orally. 

THURSDAY, APRIL 2, 2009. 

SEARCH 

WITNESS 

RON HAWLEY, EXECUTIVE DIRECTOR 

Mr. HAWLEY. Mr. Chairman and members of the Subcommittee, 

thank you for the opportunity to appear here today. I am Ron 

Hawley, Executive Director of SEARCH. 

SEARCH is a criminal justice organization organized by the 

states and compromised of members appointed by each of the 

states’ governors. Our mission is to promote the effective use of information and identification technology by criminal justice agencies 

nationwide. We have requested a $2 million earmark for the 

SEARCH National Technical Assistance and Training Program. 

For many years, the SEARCH National Technical Assistance and 

Training Program has been the only no-cost service for small- and 

medium-sized justice agencies to assist them in building, enhancing, upgrading, and integrating information systems. 

We have assisted with making sure that these systems are compatible with local systems, state systems, regional systems, national systems, and we have even done work in the tribal nations. 

We have developed and delivered high-tech anti-crime training and 

we have provided computer forensics technical assistance support. 

The program has reached directly and personally over 27,000 

criminal justice officials and many, many more, countless more in 

terms of the teams that we have supported over the years. The program is authorized under ‘‘ The Department of Justice Reauthorization Act.’’ The need for funding is more critical than ever. 


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Since September 11th, the need to share information has grown 

exponentially. Given current recent congressional activities, large 

amounts of money will be expended over the next few years to implement and improve these sorts of systems. It is our concern that 

the stimulus and the fiscal year 2009 funds for these purposes will 

reach criminal justice agencies who are ill equipped and ill prepared to effectively and efficiently use this money. It is the technical assistance program that supports these folks in making good 

decisions in the expenditure of those dollars. 

We provide agencies with the knowledge, skills to effectively 

plan, organize, and implement such initiatives. However, as we do 

that, we also think about things like privacy and the importance 

of our civil liberties. 

And so I certainly encourage you to recognize that as this money 

gets spent from the stimulus and from fiscal year 2009, these local 

law enforcement entities need support, need an entity they can 

turn to to answer the questions they have about how to effectively 

and efficiently do that. 

Let me share with you a couple areas in which we have done specific support that illustrates my point. In Cherry Hill, New Jersey, 

a small rural department, they were sort of overwhelmed with the 

need to change their automation system and we know how important it is that every single department ship this information nationwide, make it available, make it interoperable. 

We went in and helped them from the ground up, helped them 

understand what it was they needed to do, helped them understand 

the national standards, and helped them implement in such a way 

that they could effectively meet their needs. They did not have anyone on staff capable of doing that. 

These are law enforcement officers, law enforcement agencies. 

That is their mission. Our mission is to help them in these support 

sorts of things. 

Another example. In Virginia, we assisted through our training 

in cyber technology efforts officers who were struggling with bringing forensic evidence off of a running computer. So we actually assisted them and stepped them through the process of recovering 

that information that became very valuable for them from an evidentiary standpoint. 

In Ohio, they were trying to do a statewide integration effort and 

we helped them from the ground up create the governance mechanism, understand what the objectives, the right outcomes should be 

in terms of their information sharing initiative, and bring together 

the wherewithal to make sure that as they moved forward, they 

had the foundation necessary to be successful. 

And finally I would mention to you that in the area of social networking, it was actually our trainers who suggested that law enforcement make themselves available in the My Space arena by allowing their agencies to become an individual member’s number 

one friend. Within days of getting that established in Dade County, 

a pedofile was taken off the street as a result of that service. 

The funding is absolutely essential to us. As a result of cutbacks 

over the last several years, we have had to lay off people and reduce hours of the others. Our training has been impacted by the 

inability to ship the necessary technical equipment and now with 


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this economic crisis, it is even more difficult for officers to attend 

our courses. 

Before I close, I would like to take a minute to speak to the 

Byrne Competitive Grant Program. We certainly support that program. It is laudable to competitively compete these funds, but we 

encourage you to think about making the money level necessary to 

make it worthwhile for the agencies that apply for it. 

And in conclusion, the use of this money will make sure that the 

other dollars that are absolutely going to be spent will, in fact, be 

spent more effectively and more efficiently. And I would be glad to 

answer any questions you have. 

[Written statement by Ronald Hawley, Executive Director of 

SEARCH, The National Consortium for Justice Information and 

Statistics follows:] 


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Mr. MOLLOHAN. Thank you, Mr. Hawley, for your testimony here 

today. We appreciate very much your appearance. 

Next the Committee would like to welcome a colleague, Congressman Vern Ehlers. 

Vern, welcome to the Committee. We appreciate your coming 

here to testify again today. 

Why don’t you just fold these name tags over, if you would, 

please. Just fold them over. Thank you. 

Welcome. 

THURSDAY, APRIL 2, 2009. 

NATIONAL SCIENCE FOUNDATION, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, NATIONAL 

OCEANIC AND ATMOSPHERIC ADMINISTRATION 

WITNESS 

HON. VERNON J. EHLERS, A REPRESENTATIVE IN CONGRESS FROM 

THE STATE OF MICHIGAN 

Mr. EHLERS. Thank you very much and thank you for allowing 

me to testify once again. This has become an annual event, but I 

also appreciate the efforts that all of you in this Subcommittee 

have put in over the years to satisfy my requests. 

The core of our technological innovation capacity in the United 

States depends on basic research. And as far as I know, everyone 

on this Subcommittee agrees with that. To that end, I ask you to 

give high priority to scientific research and development and math 

and science education in fiscal year 2010 by funding the National 

Science Foundation at $7.0 billion, National Institute of Standards 

and Technology at $907 million, and the National Oceanic and Atmospheric Administration at $5 billion. These are large numbers, 

but I think they are reasonable numbers if you look at the history 

of it. 

Since 2006, the Administration and many members of Congress 

have sought to put the scientific research agencies on a budget doubling path and, in fact, we passed ‘‘The American Competes Act,’’ 

which was intended to put these agencies on a doubling path. 

I appreciate the House and Senate strongly endorsing fundamental research in education in the fiscal year 2009 appropriation 

bills and the stimulus bill added to those funds. Shovel-ready 

science afforded by the stimulus will help immensely with long-deferred infrastructure projects, but we cannot expect it to produce 

immediate discoveries. 

Long-term, stable funding which builds on the fiscal year 2009 

Omnibus levels is necessary to ensure that the investments being 

made today will result in transformational technologies needed in 

the future. 

Let me just mention each of the institutions in turn. The National Science Foundation is a national treasure. We set a standard 

for the world when we established NSF some 50 years ago and it 

has continued to lead the world. 

The National Institute of Standards and Technology which, as 

you know, primarily deals with standards, measurements, and certification services, but interestingly enough, this little institution 


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which we call NIST has contributed tremendously to basic research. 

They have won three Nobel Prizes in the last just a bit more 

than a decade. I do not know of any other institution with that low 

a budget which has won three Nobel Prizes anywhere in the world. 

And that shows the quality of the work they do. They have become 

the international standard and they affect our lives in so many 

ways. 

I always find it amusing because people often ask me when I did 

my thesis research, I was doing very, very precise measurements 

and using the time standard that NIST had developed, the Cesium 

clock standard, and really depended on it, and people want to ask 

me why do we need to know time to millions of a nanosecond. 

And I said, well, do you enjoy watching color TV. Oh, sure. I said 

do you remember when color TV first came out, you would sit 

there, you would adjust the set, you would set the hue, the tint and 

everything, sit down, and ten seconds later, you had to jump up 

and set the tint and the hue again. Oh, yeah, yeah. We do not have 

to do that anymore. I said it is because of NIST. 

The time standard allowed establishment of frequency accuracy 

in the TV system, broadcast system so that they could put aside 

that which ultimately controlled the color. If we had not done research at NIST, you know, and people never imagine a connection 

between NIST and color TV—— 

Mr. MOLLOHAN. We would still be jumping up and adjusting our 

TV. 

Mr. EHLERS. We would still be jumping up and—— 

Mr. MOLLOHAN. That makes it relevant to everybody. 

Mr. EHLERS [continuing]. And adjusting the TV. But that is just 

one minor example, you know. Basic research established this 

great time standard which the world uses, but it has very direct 

applications, particularly, of course, when going into space, that 

they are very dependent on accurate time standards too. 

So NIST, I think we get a lot for our money from NIST. And I 

hope you can provide the 907 million that I am recommending. I 

did not pick these numbers out of the sky. I think they are reasonable based on the historical funding and I would certainly appreciate your support of that. 

NOAA, similarly, five billion. NOAA has peculiar problems because they have what in many ways you would regard as a normal, 

not terribly expensive budget, and then they have the satellites 

which cost billions of dollars. 

But these other weather satellites which we depend heavily on, 

but they provide a lot of data about the earth, and just the money 

we save on hurricane preparation as a result of those satellites 

pays for itself. But, yet, it is a big, big chunk on their budget and 

far bigger than anything else. But we have to keep those satellites 

up there. We need a new generation up there and they are getting 

them up there. 

So the budget is sort of lopsided, a lot of it on satellites, but you 

cannot neglect the wet part of it, all the fisheries and everything 

else they do. 

So I have just sort of run through this quickly because I know 

I do not have much time here. But NSF is key for basic research, 


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absolutely key. They have been for years. They do a fantastic job 

with the money. They are a model for every other nation on this 

planet. And I do not know of any members of Congress who are 

critical of NSF or the work they do, but also NIST and NOAA as 

well. 

So I would very much appreciate whatever you can do. 

[Written statement by Congressman Vernon J. Ehlers follows:] 


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Mr. MOLLOHAN. Well, we all recognize your expertise and your 

advocacy for science and science funding. We appreciate very much 

your testimony here today, Vern. 

Mr. EHLERS. Thank you. 

Mr. MOLLOHAN. Thank you. 

Mr. EHLERS. I appreciate it very much. Thank you. 

Mr. MOLLOHAN. Thank you. Thanks for being here again. 

Next the Committee would like to welcome another colleague, 

Congressman Sam Farr from California. 

Sam. 

THURSDAY, APRIL 2, 2009. 

NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

WITNESS 

HON. SAM FARR, A REPRESENTATIVE IN CONGRESS FROM THE STATE 

OF CALIFORNIA 

Mr. FARR. Hope you did not mind me taking off my coat. 

Mr. MOLLOHAN. Welcome. 

Mr. FARR. I am warm in here. 

Mr. MOLLOHAN. It is too warm in here and we have tried to 

make it cooler unsuccessfully. And it is not even that hot a hearing. 

Mr. FARR. That speaks a lot for people that control the atmosphere budget. 

Mr. MOLLOHAN. Well, so much for your testimony. 

Mr. FARR. Mr. Chairman, thank you very much in allowing us 

to come before your Committee. And I do this annually because I 

am so impressed by the responsibility that your Committee has for 

sort of the map behind you in both land and with the responsibilities of State and Commerce. 

And lots of people do not realize that in Commerce is NOAA, 

kind of an awkward organizational chart place to be. And most of 

the Commerce budget, I think a little over half of it goes to NOAA. 

I mean, it seems to me that is the area where if America is going 

to be a world leader, we have to have the ability to have the world 

information on the environment. And we kind of break it up between the, you know, the air side, the atmosphere, the weather 

issues, which is a very expensive part because you are dealing with 

a lot of satellite technology and costs for that. And I know in the 

President’s budget, he has asked for a big increase on that. 

But the other side of it is if you understand weather, you have 

got to also understand the oceans because that is where weather 

is born. And so these big storms and things that happen, global 

warming obviously has the—affect the oceans which cover 71 percent of the—so I have always come in and you have been very good 

at it. Just to remind people that let us not drop the O out of 

NOAA. I mean, that is the ocean part. And in past Administrations, that happened. 

We have a lot to do. I mean, exploration, we know more about 

the planets and the back side of the moon than we know about the 

floor of the ocean. And just recently Google did their Google—Tivvy 

Earl was great telling Google that, look, you cannot call it 


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Google.earth because you do not know anything about the oceans. 

So you have got to call it Google.dirt. 

And Google came out with their ocean mapping, but because we 

do not know most of the ocean, we do not know about it. So I asked 

them, well, how do you do that. And they said, well, we just made 

it flat. We cannot show you any canyons and mountains in most 

of the ocean. 

So we have a lot of ocean exploration to do because in that is 

where I think a lot of these energy issues of the future are going 

to be of how you use wave motion and tidal motion and things like 

that that are just, you know, constant acts of nature like wind and 

sun, that we have alternative energies to pull out of the ocean. But 

we have got to do it in the right place and all of that. We will not 

know that without doing the research. 

We have implemented an incredibly good strategy in fishing and 

it has now got to be funded. And in essence what we are trying to 

do, and we are a long way from it, is get a sustainable fishery out 

there. You know, it is very hard to even know what that means because—but if we do not do it, the ocean, because we have been 

dumping everything around the world that we do not like, just 

dump it in the oceans, including our country having a history of 

dumping nuclear waste in the ocean, and at the same time, we are 

feeding a lot of the world. 

And when you get to the fact that a tuna will sell, as 90 Minutes pointed out, for $250,000 for one fish in the Tokyo fish market and 

the struggling economies of the agrarian countries and coastal 

countries around the world where every small fisherman has the 

dream of catching that, you know, gold mine of a catch, and so we 

are going to have to spend a lot more time on essentially trying to 

educate and understand how we kind of farm the ocean constructively as we have done on our land. And that is going to take a 

lot of effort and it is absolutely essential because if the ocean dies, 

we die. Mankind cannot survive without the ocean, not just from 

feeding, but just from what the ocean does with carbon and so on. 

So I am here, and I was very pleased. I always listen to Dr. 

Ehlers speak and he is one of the co-signors of the letter that we 

sent to you along with 69 other members from the House Oceans 

Caucus asking for a five—I think we were asking for five million 

or billion, what is it, for the NOAA’s—five billion for the NOAA 

budget and then in that, that the oceans get treated equally with 

the atmosphere. 

So I would be glad to answer any questions you might have, but 

I really appreciate it and I think you have got a lot of members 

of this House on both sides of the aisle, some who are not even 

from coastal states, who realize the importance of oceans and the 

health of oceans is important to their constituency because so many 

people could have taken vacation on the coast and eat products 

that come out of the ocean. 

[Written statement by Congressman Sam Farr follows:] 


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Mr. MOLLOHAN. Well, thank you for your testimony, Sam. 

Mr. FARR. Thank you. 

Mr. MOLLOHAN. We appreciate it very much and look forward to 

working with you as always. 

Next the Committee would like to welcome Gabrielle Martin. Ms. 

Martin will be testifying on behalf of the National Council of EEOC 

Locals No. 216. 

Welcome to the Committee, Ms. Martin, President Martin. 

THURSDAY, APRIL 2, 2009. 

NATIONAL COUNCIL OF EEOC LOCALS NO. 216 

WITNESS 

GABRIELLE MARTIN, PRESIDENT 

Ms. MARTIN. Thank you. And thank you for having me, Chairman Mollohan, Ranking Member Wolf, other members, Mr. Fattah. 

I am the President of the National Council of EEOC Locals and 

we represent the employees that work at the EEOC. This is a 

group of dedicated federal employees who handle employment discrimination matters. 

As our economy falters and people struggle for jobs, our mission 

becomes even more important. And you guys live here in Washington. I come from the great State of Colorado, but the Washington Post has covered our plight, I think, rather extensively lately. 

Last year, we had a record high 95,000 plus charges and an extremely high backlog of 73 plus thousand charges. Each of those 

backlogged charges represents a person, a person who may be in 

the workplace, continuing to suffer from discrimination, and a person who in many ways has to rely on his or her colleagues to help 

establish their case. 

When their cases wait, the employees may suffer additional discrimination or retaliation. The witnesses they may need, they are 

chilled because they see that person filed a charge and a year later, 

they are still sitting here under all of those pressures. 

So the work that the Commission does is very important and it 

impacts everyone who has a job, wants a job, has a dream for their 

future. 

So we come again asking for additional funding for EEOC. Our 

ask is that we get $378 million which is an increase. This Committee last year was gracious enough to grant us an additional $15 

million. But given our record high backlog, something else has to 

happen. 

We appreciate the money, but as the economy falters, as we will 

be taking on two new laws, we actually started ‘‘The Americans 

With Disabilities Act’’ amendments the beginning of this year and 

we will be taking on the GINA, which is ‘‘The Genetic Information 

Nondiscrimination Act,’’ so there will be additional charges coming 

in. 

We need at least 500 more employees, so we are asking the Subcommittee to raise our ceiling to 3,000. That number represents the 

number of employees EEOC had in about 1994 which was the last 


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time we saw this record number of charges. So it has been a while. 

The cases have piled up and it harms the working public. 

The EEOC did a survey back in the fall where members of the 

public who use us said they just need more staff. This is not just 

EEOC’s employees saying we are overwhelmed, which they are and 

I do not mean to belittle that, but they are also dedicated people 

who serve the public and the public is saying, you know, they need 

more people. I filed my charge ten months ago. I am at work. I am 

being harassed. Can’t you do something else for us. 

So this convergence of high receipts, taking on new laws, low 

staff, and this record backlog means additional funds will be needed. 

What will those funds do? They will help us, one, reduce the 

backlog by hiring additional staff. They will help us process those 

cases more timely so that people who file have a sense that EEOC 

will be there, they will be responsive, and they will not be waiting 

additional time. 

Last summer, EEOC reduced its goal of processing cases within 

six months to saying we are going to only try to process 48 percent 

in eight months. To the public that is waiting, that is a drastic 60 

days. And that money will help us address that. 

There are a couple of other things that EEOC needs and we appreciate this Committee and the language which came out of the 

Omnibus bill which said EEOC needs to be reporting back as to 

what they are doing with additional monies. We think the priority 

needs to be hiring and we would ask for continued oversight for fiscal year 2010 to make sure that priorities go to hiring, raising our 

budget. 

The EEOC restructured in 2006. They got through part of it. 

They split some states, so you have one state, half the state reports 

to another state because of the way they drew jurisdictional line. 

The other half of the state reports somewhere. And to the extent 

that those were major population areas where jobs are concentrated, we think at some point, there needs to be oversight in 

terms of what happens there. Do we restore that so that those 

states are whole and they are not reporting in two different jurisdictions? 

And then the other priority for this money in terms of hiring is 

not only investigators, but it is also dealing with the agency’s ability to get charges in. It currently moved the call center in-house because Congress shut down the outside one for its failures. They 

have replicated that failure. 

Last year when we were here, Chairman Mollohan, you talked to 

us about what are these credentialed people, who are they, and we 

said they just hire 60 people and say handle all the calls from the 

country. It is impossible. Those people are trying to handle calls. 

They are trying to handle forms that come in on internet as well 

as e-mail traffic. So you have got another group besides investigators who have overwhelming caseloads that they cannot get to. 

[Written statement by Gabrielle Martin, National President, National Council of EEOC Locals, No. 216 follows:] 


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Mr. MOLLOHAN. We will follow-up with you on these issues and 

particularly all of your testimony, but we will follow-up on some of 

these issues. And we very much appreciate your testimony here. 

Ms. MARTIN. Thank you for having me again. 

Mr. MOLLOHAN. Thank you, Madam President. 

Next the Committee would like to welcome Ms. Mary McQueen, 

testifying on behalf of the National Center for State Courts. 

Welcome, Ms. McQueen. 

THURSDAY, APRIL 2, 2009. 

NATIONAL CENTER FOR STATE COURTS 

WITNESS 

MARY McQUEEN, PRESIDENT 

Ms. MCQUEEN. Mr. Chairman, I come before you today to request 

that the House Appropriations Committee fund the threat assessment component of ‘‘The Court Security Improvement Act’’ and also 

request that we fully fund the State Court System grants under 

the National Instant Criminal Justice Background Check System 

that you heard earlier testified regarding. 

I come representing the Conference of Chief Justices of all the 

Supreme Courts in the state and their Chief Executive Officers, the 

Conference of State Court Administrators, COSCA. 

All of us in the nation’s court systems were very gratified when 

Congress approved and the President signed ‘‘The Court Security 

Act of 2007.’’ I think all of us will remember that year when Federal Judge Lefkow’s family was murdered as well as the Nichols 

cases in Atlanta that resulted in judges and court staff being killed 

in the courthouse. 

Over five million people somewhere today will enter a courthouse 

and that is not just judges and court personnel and lawyers and 

public defenders. It is also the public who goes there to have their 

rights enforced, to deal with foreclosure issues, family, property, all 

those types of issues. And we are seeing across the country more 

and more violence against courts. 

In Oregon two years ago, there was a disgruntled litigant who 

actually was a federal litigant in a contracts case that packed his 

car full of explosives, drove up to the front of the Federal Courthouse, but because federal courts are so adequately funded, well, 

I do not think that they would say adequately, but do have a unified security system, there was a setback and he could not drive 

his truck into the courthouse. 

He went around the corner, saw a sign that said courthouse, 

happened to be the local county courthouse, the Superior Court, 

drove his car up the front steps into the foyer, and blew his automobile up in the county courthouse. 

There is an integrated justice system in this country. We call 

them federal and state courts, but a judge is a judge and a court 

is a court. And 98 percent of the litigation in this country occurs 

at the State Court level. 

When we came before you to ask for the passage of the National 

Court Security legislation, one of the challenges facing state courts 


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was the lack of an integrated way to share and to track incident 

reports. 

It is not as if every state court system has a security force similar to the U.S. Marshal Service. In most states, it is provided by 

local law enforcement agency and that could be the county Sheriff 

or it could be the local police department. 

But there is not a unified way of sharing those threat assessments to determine whether or not someone that you would see in 

a District Court one day, for instance, in Vancouver, Washington, 

shows up the next day in Portland, Oregon. 

And so by fully funding this Court Security Threat Assessment 

Program, we would be able to identify and have already been working with the Chief Justices and the State Court Administrators to 

develop with the Bureau of Justice Assistance the minimum reporting requirements for the system. So we ask that you consider that. 

Secondly, I would like to just speak very briefly, if I could, about 

the National Instant Criminal Background Checking System that 

you heard about this morning. 

And I served as the Chief Executive Officer for the Supreme 

Court in the State of Washington for 25 years before coming to the 

National Center. And one of the challenges that we continue to face 

and that you continue to hear about background check and criminal history reporting is we cannot link arrest to dispositions. 

Courts do not receive arrest information. It is a charge. And sometimes every arrest does not result in a charge. 

And so we have to find a way to identify these arrests, relate 

them to the charges because in courts, we do know a disposition 

of every charge. And it is critical that we are able to map for each 

state how that information is identified between arrest and charging to get the dispositions. 

Certainly we believe that the state courts play an important role 

because of the disposition information in ensuring that the database has reliable information to be able to make sure that people 

that are inappropriate do not receive firearms and that includes 

both the outstanding mental health orders as well as the criminal 

and misdemeanor, domestic violence protection orders. 

And so there are two funding sources under the NICS improvement grants, one for state systems and one for state court systems. 

And we ask that you would really consider fully funding the state 

court systems grant provisions. 

I guess the way that I would like for you to, if I could end my 

testimony with a visual, is that in the past, courts saw cases and 

so you would have five different cases, but it could be one individual. And now we are moving to person databases where you can 

have one person come before the court and the court can see that 

there are a variety of different cases that that person is involved 

in. 

And if you think about an hourglass with sand in the top flowing 

through a very small aperture in the middle and sand in the bottom, if we continue to just put money in the top, in law enforcement, or in the bottom is in corrections, those cases still have to 

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So I thank you very much for your time today and would be glad 

to answer any questions. 

[Written statement by Mary McQueen, President, National Center for State Courts follows:] 


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Mr. MOLLOHAN. Thank you, Ms. McQueen. We appreciate—President, McQueen, we appreciate your testimony here today and look 

forward to working with you. Thank you. 

Next the Committee would like to welcome Mr. Steve Berg. Mr. 

Berg will testify on behalf of the National Alliance to End Homeliness. Did I say that right? Homelessness. Thank you. 

Mr. BERG. Cannot do anything about homeliness. I am sorry. 

THURSDAY, APRIL 2, 2009. 

NATIONAL ALLIANCE TO END HOMELESSNESS 

WITNESS 

STEVE BERG 

Mr. BERG. Good morning, Chairman Mollohan, Ranking Member 

Wolf, Mr. Fattah. Thank you very much for having me here this 

morning. 

I want to talk very briefly about the connection between criminal 

justice and homelessness and how certain key federal programs 

make a big difference there. 

I feel I need to start by saying that people who are working on 

the issue of homelessness around the country over the last several 

years have made some pretty substantial progress in actually 

changing the way we work with that issue. We are moving from 

a system that really is about sort of maintaining people in their 

homelessness and sort of trying to manage the problem to one that 

is really about solving the problem of homelessness. 

And I feel compelled to say that because that very much builds 

on work that came out of the Appropriations Committee and the 

HUD Subcommittee during the time, Mr. Mollohan, when you were 

the Ranking Member on that ten and eight years ago. 

We are now facing a situation with the recession where rapidly 

expanding unemployment is threatening to sweep those gains away 

and we are already seeing many communities where the number 

of homeless people is expanding rapidly as joblessness expands. 

People working in this field are trying to take the lessons that 

we have learned over the last several years and put those to work 

to try to prevent another sort of run-away homelessness situation 

like we saw in the early 1980s, the last time the economy was this 

bad in terms of unemployment. 

One of the things we feel we have learned over the last several 

years is, as I said, the connection between homelessness and the 

correction system. A very, very particular piece of emerging research is about people leaving institutional settings, people with 

difficult backgrounds leaving institutional settings, coming into a 

situation where unemployment is very high. 

And many people in that situation, this happened in the 1980s 

and we see the beginnings of it happening again, basically getting 

stuck in sort of a dysfunctional relationship with both the job market and the housing market. And this is very much the case with 

people leaving prison, leaving juvenile justice institutions. 

In general, of course, there is a lot of overlap between corrections 

and homelessness with terrible outcomes for both systems. 


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But the other thing we have learned is that good reentry kinds 

of programs and good diversion programs can have a very positive 

impact. We know that people who leave prison and go directly into 

homelessness, who do not have a place to live are many, many 

times more likely to commit a new offense, go back to prison compared with people who have stable housing when they get out. 

And I think some of the programs I am going to talk about have 

started to make a real impact there. I want to focus on two sets 

of programs in particular. 

The first is ‘‘The Second Chance Act’’ programs. I think everybody is familiar with ‘‘The Second Chance Act.’’ It passed last year, 

a remarkable coming together of people from both parties, from the 

whole sort of ideological spectrum, from everyone who is involved 

in the criminal justice system really around the idea that reentry, 

doing something positive about reentry is very important. And this 

statute is what we should be doing. 

We are very grateful that the statute passed very late in the appropriations process last year and this Subcommittee was still able 

to find some money to do a small appropriation for those programs. 

Those grant applications have just been announced by the Justice Department. There is a lot of excitement around the country, 

a lot of people calling up, showing very much that this is exactly 

what people need under these circumstances. 

So we are favoring full funding at the appropriated amount of 

165 million for those programs. I think those can do a lot of good. 

The other set of programs that you will see in my written testimony is a range of juvenile justice funding lines that we know have 

had the impact of diverting young people whose main problems are 

mental health, substance abuse, diverting them out of the criminal 

justice system and into a system that can help deal with those 

issues before they go down this path of homelessness that often 

turns into long-term homelessness, diversion and also reentry from 

the juvenile justice system. 

We have done a lot of work on young people leaving foster care, 

leaving the state child welfare system and ending up homeless. We 

have not done as much work on the much larger group of young 

people who leave juvenile justice programs. The little work we have 

done has shown really shocking results of young people leaving the 

system, ending up homeless, ending up sort of going down a path 

that keeps them homeless for a long time. 

So, again, I would like to thank the members of this Subcommittee for their interest in these issues in the past and urge 

good funding for these programs this year. 

[Written Statement by Steven Berg, Vice President of Programs 

and Policy, National Alliance to End Homelessness follows:] 


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Mr. MOLLOHAN. Well, thank you. And thank you for your good 

work on this issue for a long period of time. We look forward to 

working with you, Mr. Berg. 

Mr. BERG. Thank you. 

Mr. MOLLOHAN. Thank you. And next the Committee, we would 

like to welcome Corryne Deliberto, testifying on behalf of World Vision. 

Did I pronounce that correctly or close? 

Ms. DELIBERTO. You did, you did. 

Mr. MOLLOHAN. Oh, thank you. Welcome. 

Ms. DELIBERTO. People usually don’t get it on the first try, so I 

appreciate it. 

Mr. MOLLOHAN. Thank you. Welcome. 

THURSDAY, APRIL 2, 2009. 

WORLD VISION 

WITNESS 

CORRYNE DELIBERTO, DOMESTIC POLICY ADVISOR, ADVOCACY AND 

GOVERNMENT RELATIONS, WORLD VISION 

Ms. DELIBERTO. Good morning, Chairman Mollohan, Ranking 

Member Wolf, and Representative Fattah. 

Thank you for the opportunity to testify this morning before the 

subcommittee regarding fiscal year 2010 appropriations. 

As you said my name is Corryne Deliberto and I am World Vision’s domestic policy advisor, and I will be speaking to you today 

regarding juvenile justice and youth violation prevention programs. 

World Vision is a Christian humanitarian organization working 

in nearly 100 countries. In the United States we work in 11 major 

urban and rural areas, including the First District of West Virginia 

and the Tenth District of Virginia, and we serve over 600,000 children and youth nationwide. 

We provide support through education and youth development efforts through which we work to improve academic achievement, 

building positive life skills, and creating opportunities for high risk 

youth. 

As practitioners in the field of youth development we know that 

supporting vulnerable youth with violence and delinquency prevention programs helps to steer them away from a life of crime and 

empowers them to make productive choices. 

I am here today to urge you to help us continue to serve young 

people effectively by increasing fiscal year 2010 federal funding in 

four critical programs. 

First we would like to see funding for the Juvenile Justice and 

Delinquency Prevention Act Title 2 State Formula Grants Program, 

restored to its fiscal year ’02 level of $89 million. 

Second we would like to see funding for the Juvenile Justice and 

Delinquency and Prevention Act Title 5 Incentive Grants for local 

delinquency prevention restored to its fiscal year ’02 level of $95 

million. 

Third we would like to see funding for the Juvenile Accounts Ability Block Grant restored to its fiscal year ’02 level of $250 million. 


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And lastly we would like to see continuance of funding for the 

Juvenile Mentoring Program at $80 million. 

As you all are aware, each of these programs is designed to reduce the risk of delinquency and enhance prevention efforts for 

youth at risk of entering the juvenile justice system. And despite 

the importance of these programs, they have suffered drastic cuts 

since fiscal year 2002. 

Restoring these funding opportunities to their fiscal year ’02 levels will enable states and youth development organizations like 

World Vision to increase their impact, serve more young people, 

and build stronger communities. 

World Vision knows that a focus on prevention works. We see 

evidence every day of young people’s profound potential and willingness to make good choices once given the opportunity. 

So to illustrate this I would like to briefly highlight three of our 

education youth development efforts that are changing lives. 

First, with Representative Wolf’s support, World Vision was able 

to launch the Community Mobilization Initiative in Northern Virginia. 

This project is designed to provide alternatives to draw high risk 

youth away from gang involvement, violence, and criminal activity. 

And our team there works to engage high risk youth and violence 

prevention activities and reduce the risk factors that fuel gang 

membership as well. 

To date, the Community Mobilization Initiative has reached over 

11,500 young people and their families through mentoring, family 

based activities, and recreational opportunities as well. 

Secondly, I wanted to highlight another program that with the 

support of you, Chairman Mollohan, our team in the Appalachian 

region in West Virginia is preparing to launch the World Vision 

Career Builders Program, which will work to prevent youth delinquency by building the employment skills of young people through 

technology training. 

And lastly, I just wanted to highlight our youth empowerment 

project, which is a youth leadership and civic engagement program, 

that seeks to strengthen the voice of young people in public policy 

reform. It provides high school age youth from World Vision program sites around the country with 20 weeks of training to study 

the needs and assets of their community and develop policy recommendations that reflect their vision for change. 

Participants then present their recommendations and findings 

each summer to their members of Congress at a youth summit that 

we hold here in Washington, D.C. 

So over 200 youth have participated in the program and have 

continued local advocacy efforts in their own communities afterwards. 

This year we will welcome a new cohort of 115 young participates 

in D.C. from 12 different areas of the country, including both of 

your districts. 

So through programs like these, World Vision has seen the incredible impact of investing in our youth by providing opportunities 

and alternatives to violence. 


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So we thank you for consideration of World Vision’s request 

today, and we are very grateful for your leadership and support of 

our work. 

Thank you. I am happy to answer any questions. 

[Written statement by Corryne Deliberto, Domestic Policy Advisor, Advocacy & Government Relations, World Vision follows:] 


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Mr. MOLLOHAN. Thank you, Ms. Deliberto. 

Ms. DELIBERTO. Thank you. 

Mr. MOLLOHAN. We appreciate you and your good work. 

Next the Committee would like to welcome Mr. David Mandel. 

Mr. Mandel is here to testify on behalf of the Ohel Children’s Home 

and Family Services. 

Welcome, Mr. Mandel. 

THURSDAY, APRIL 2, 2009. 

OHEL CHILDREN’S HOME AND FAMILY SERVICES 

WITNESS 

DAVID MANDEL, CHIEF EXECUTIVE OFFICER, OHEL CHILDREN’S 

HOME AND FAMILY SERVICES 

Mr. MANDEL. Thank you very much. Good morning, Mr. Chairman. 

Mr. MOLLOHAN. Good morning. 

Mr. MANDEL. Members of the Committee, thank you very much 

for the opportunity. 

I am David Mandel. I am very proud to be the chief executive 

officer of Ohel Children’s Home and Family Services, an organization that provides services in New York, New Jersey, and South 

Florida. 

Ohel is the Hebrew word for tent, after the patriarch Abraham 

whose tent was open on four sides welcoming all individuals. 

Our work with youth is in the area of juvenile delinquency, 

drugs, alcohol, gambling, crime, victims of sexual abuse, child molesters, internet predators, domestic violence, and suicide risk behaviors. 

Our work focuses on prevention and response. We do many community forums, provide short-term crisis intervention, as well as 

long-term treatment; housing, counseling services. 

Ohel is very fortunate to be the recipient of Commerce Justice, 

and Science funding, and we thank you for that. 

Congresswoman Carolyn McCarthy, Congressman Anthony 

Weiner, many other individuals are very supportive of the services. 

Ohel’s school based services is an anchor of our work. We do a 

lot of work with fifth grade students through high school students 

speaking about risk behavior. We talk to kids, teacher training, 

many parent training. We are a resource to principals. We provide 

a very strong program of mentoring youth. 

Our staff are available to visit homes. Many individuals, many 

parents are not able to connect with their children, and so are able 

to visit a home, meet with the child, meet with their parents up 

to seven visits in the home. It is a very important unusual service 

that we are able to provide going into people’s homes. 

By illustration, a principal may call us. He may have a problem 

with one of the kids that has already gone through all of the efforts 

with the school social worker, with the guidance counselor, and 

they are not sure what to do with the child, and he very much 

wants to keep the child in the school, not to expel them, not to send 

them along on the path that the principal feels will be a problem 

for him. 


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We will work together to develop a contract with the child with 

the family so that the child is obligated to receive counseling services, to attend counseling services, often for the family, and that 

contract will stipulate that that is the way a child can attend and 

continue in school. 

It is similar to, but very, very different than in the adult system 

that is called probation, where you are obligated to maintain a certain level of involvement. And for a child, thankfully he doesn’t 

have to go into that round. Mentoring and counseling keeps him in 

the school. 

But we don’t only think about children who present problems, we 

also think about healthy, smart individuals who are doing very 

well. 

Some time ago I spoke to a group of high school seniors in Maryland at the invitation of the superintendent, and following a very 

lively discussion with high school seniors, many of whom who are 

going the following year to ivy league universities, I asked them as 

you are leaving your home, as you are leaving the community, as 

you are leaving an area that you are very familiar with and you 

are going to an ivy league, which many people would love to be 

able to do, what are you afraid of? It is a question that stopped 

them for a moment. And I was surprised at the answer. I was surprised because of the work that we do with such a broad spectrum 

of children, adolescents, young people. Their answer was, we are 

afraid of drugs that we will be introduced to in colleges and ivy 

league schools. We are familiar with drugs, but we are afraid of 

more new information that we will find. 

Mark is a young man who came to Ohel when he was about 12 

years old. Broken family, did not have any connections, did not 

have any relationships. When you walked into Mark’s room it was 

hard to find him because he was always laying under all of his possessions, and you literally had to pick away at a couple of items 

in order to find Mark. And the next five or six or seven years were 

very difficult. Very difficult to connect with him. Did not want to 

participate in anything. Did not want to go to any school. And 

today we are very, very proud to say—you often don’t hear the end 

of the story, you only hear of problems—we are very proud to say 

that Mark graduated, he graduated college. I have a beautiful picture of him in my office with him. He graduated in finance, and 

he is absolutely dead set on getting a job in finance, and he is just 

a wonderful, wonderful young man to be able to speak to today. 

And five and six years ago you would not think that Mark would 

be able to accomplish this type. And that is the effort and the support of the funding that is provided to us. 

Bridges and tunnels create jobs and transport people from one location to another. Mentoring and protecting youth also create jobs 

and transport youth from one difficult place in life to another place 

in life. Both are important to the fabric and well being of our communities. 

Thank you very much for the opportunity. 

[Written statement by David Mandel, Chief Executive Officer, 

Ohel Children’s Home and Family Services follows:] 


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Mr. MOLLOHAN. Thank you, Mr. Mandel, for your testimony here 

today and your good work, obviously. 

Next the committee would like to welcome Mr. Gerald P. Lynch. 

Mr. Lynch will testify on behalf of the Regional Information sharing systems, RISS. Welcome, Mr. Lynch. 

THURSDAY, APRIL 2, 2009. 

REGIONAL INFORMATION SHARING SYSTEMS (RISS) 

WITNESS 

GERALD P. LYNCH, CHIEF EXECUTIVE OFFICER, REGIONAL INFORMATION SHARING SYSTEMS (RISS) 

Mr. LYNCH. Good morning. Chairman Mollohan, Ranking Member Wolf, Congressman Fattah. I sincerely appreciate the opportunity to appear before you today to discuss the Regional Information Sharing Systems program know as RISS. 

RISS is a national program that consists of six regional intelligence centers that support and serve unique needs of their individual regions. We are working together on a national scope. They 

also work to bring the national scope into the regional picture. 

Through the support provided by RISS, law enforcement and 

public safety agencies have increased their successes 

expedientially. In many cases these agencies would not be able to 

maximize their efforts without support services that were offered 

by the RISS program. It is because of these resources and trust relationships that RISS is a program prized and valued by its members and users. 

Through those successes, as well as the remaining needs 

throughout the criminal justice community, RISS has experienced 

increased demand for services. Because of this, RISS respectfully 

requests that Congress appropriate 55 million for RISS for fiscal 

year 2010. 

RISS links thousands of criminal justice agencies through secure 

communications and provides information sharing resources and 

investigative support to combat multi-jurisdictional crime while 

promoting officer safety. 

RISS operates in all 50 states, the District of Columbia, U.S. territories, Australia, Canada, and England. Currently RISS serves 

more than 8,200 criminal justice agencies from all levels of government. More than 90,000 offices directly access RISS services. 

Funding is requested to continue current services and to further 

deploy the RISS safe program, develop enhanced gang related programs, additional fusion centers to work with them to make sure 

that fusion centers share information and connect all of the dots, 

assist in implementing the national strategy from information 

sharing, expand the pawnshop database, increase trusted prudential partners, connect additional systems, expand and upgrade 

hardware and software, and upgrade the RISSNET disaster recovery site. 

RISS is federally funded but locally managed by its member 

agencies. RISS operates under the BJA funding and administrative 

guidelines in 28 CFR 23. 


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RISS has also adopted a privacy policy and we encourage all of 

our members to adopt their own also and protect the rights of the 

citizens of this country. 

By connecting information sharing systems to the existing 

RISSNET infrastructure rather than funding the build out of new 

stand alone systems, hundreds of millions of dollars can be saved, 

and millions of data records can you easily and quickly accessed by 

users. Almost 100 agency systems are connected or pending connection to the RISSNET system. Including 32 HIDAS, 40 state agency 

systems, and 27 federal and other systems, such as ATF, FBI’s Leo 

online, the FBI National Gang Intelligence Center in Virginia, the 

DEA’s National Virtual Pointer Index System, and Nlets, among 

many others. 

One of RISS’s newest programs, RISS Safe, is an officer safety 

deconfliction system that stores and maintains planned law enforcement activities with the goal of identifying and alerting affected law enforcement agencies of potential conflicts, and also 

avoiding blue on blue tragedies. 

RISS is more than just a system, however. It has the full compliment of investigative services. These services, coupled with the 

power of RISSNET, set RISS apart from other information sharing 

programs. 

These services include, analytical support, loan of specialized investigative equipment, confidential funds, training, and publications, investigative support, and field services. 

In fiscal year 2008 RISS delivered more than 27,000 analytical 

products, trained more than 63,000 criminal justice professionals, 

and conducted over 29,000 on-site visits. 

Number of agency investigations utilizing the RISS services resulted in more than 5,000 arrests and 59 million in seizures. 

Without continued funding for RISS, law enforcement and the 

public safety efforts will be severely hampered, and especially in 

this time of economic downturn. 

In this time of economic crisis utilizing RISS as a catalyst for 

stretching local and state dollars is an effective method for ensuring continued support for our officers in the street. 

Therefore, I thank you for allowing me to testify here today, and 

I open the floor for any questions. If not, I appreciate the continued 

support that this Committee has given to us over the years. 

[Written testimony by Gerard P. Lynch, Chief Executive Officer 

of the Regional Information Sharing Systems (RISS) Programs follows:] 


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Mr. MOLLOHAN. Thank you, Mr. Lynch, we appreciate your testimony here today, and look forward to working with you. 

Mr. LYNCH. Thank you. 

Mr. MOLLOHAN. Next the Committee would like to welcome Mr. 

Jim Dedes. What is it? 

Mr. DEDES. Dedes. 

Mr. MOLLOHAN. Dedes. 

Mr. DEDES. Yes. 

Mr. MOLLOHAN. Mr. Dedes, welcome. 

Mr. Dedes will testify on behalf of the Fairfax County Virginia 

Juvenile and Domestic Relations District Court. 

Mr. Dedes, welcome. 

THURSDAY, APRIL 2, 2009. 

FAIRFAX COUNTY (VA), JUVENILE AND DOMESTIC 

RELATIONS DISTRICT COURT 

WITNESS 

JIM DEDES, DIRECTOR, FAIRFAX COUNTY JUVENILE AND DOMESTIC 

RELATIONS DISTRICT COURT SERVICES UNIT 

Mr. DEDES. Thank you, Chairman Mollohan, Ranking Member 

Wolf, and Congressman Fattah. 

As the director of the Juvenile and Domestic Relations District 

Court, Court Service Unit, I am really here today to support increased funding for the Juvenile Justice and Delinquency Prevention Act, including the accountability funds for Block Grant and the 

Delinquency Prevention Programs. Overall federal appropriations 

for juvenile justice programs have decreased almost 60 percent 

since 2002. 

What I would like to do is tell you a little bit about how we in 

the localities have used these funds. 

Fairfax County is an ethnically diverse suburban jurisdiction 

with a population of over 1 million people. My probation department provides tradition juvenile probation and parole services to 

youth who have committed criminal acts and status offenses, which 

are truancies and runaways. We provide a 24/7 in-take operation. 

We screen all juvenile complaints filed by the police and the public 

before they come to the court’s attention. 

Unique to us we also operate 121 bed detention facility, two 

group homes, a shelter care home, and what we call a supervised 

release program. 

We also provide adult in-take services involving custody, visitation, non-support issues. We deal with adult supervision on adults 

convicted of basically domestic violence offenses, and all criminal 

acts against juveniles. 

We are a locally operated jurisdiction, and we are the only one 

of three in Virginia. The rest are state operations. 

Since 1974 the Office of Juvenile Justice Delinquency Prevention 

has played a critical role in organizing and disseminating the results of years of research in effective prevention intervention programs. However, the reduction of OJJDP’s funding, dating back to 

2002, which originally was $547 million is now $362 million. 

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dressing delinquency prevention and administration of juvenile justice. 

What do we do in our court service unit and how we’ve used 

these funds? 

Right now we are facing a $650 million deficit in our jurisdiction, 

which is quit critical, and we are trying to maintain our juvenile 

justice programs. 

And the juvenile justice programs that we have tapped into 

through federal funding have been seed money for us to go to our 

locality once we’ve produced the evidence base that these actually 

work. 

Back in 1993 we started with a disproportionate minority confinement study, which was our beginning of how we look at our 

youth and what we do with our youth. Out of that we realize we 

are very disproportionate in how we handle our children. 

We ended up developing a program to release our children from 

our juvenile detention center early. That was called the Detention 

Release and Services Program, another program funded by OJJDP. 

We did pick up that program. The county saw the wisdom and the 

decision to provide services and release these children, and that 

program cost us $62 a day to operate, versus $239 to incarcerate 

a youth. 

We also tapped into a young offender program from OJJDP 

funds. That is to work with kids under 14 years of age who are incarcerated in our juvenile detention center and provide treatment 

services to have these kids released early and dealt with in the 

community. 

We also developed a Juvenile Sex Offender Enhanced Treatment 

Program, and that also came from federal funds. So that allowed 

us to keep our kids in the community and allowed to address our 

kids coming out of state facilities and correctional facilities. 

The cost of this program was—we currently have picked it up at 

$125,000 a year to provide treatment services. The cost of placing 

a juvenile sex offender, even though I put in my written testimony 

is $100,000 per year in a residential treatment center, is actually 

about $150,000 a year to put a child. And these kids do get released in the community, they all come back, so we need to provide 

these services. And we tapped into OJJDP funding for this. 

We also developed a program called the Maximum Attendance 

Program. That was to deal with our truant children. And that 

worked effectively, even though we did eventually train our staff 

and we took the positions and we deployed them, but we trained 

staff on how to address CHINS offenders. 

We also are currently involved in an evening reporting center. It 

is a program that really deals with us addressing how we violate 

probation, and instead of using incarceration, have kids report to 

a day reporting center and an evening reporting center for us, and 

as also one of our measures to decrease disproportion minority confinement. 

We are in the third year funding of this program, and it is costing us again for about ten kids we are dealing with about $50 a 

day to address ten kids versus again, the $239 a day, where my 

probation officers would violate probation and incarcerate them. 


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We have also taken advantage of JABG fundings to deal with our 

more serious offenders, our Intensive Supervision Program, which 

really deals with our serious offenders dealing with—ranging from 

murder, robbery, and rape of kids that are maintained in the juvenile justice system, and we provide 24/7 supervision of those kids. 

Actually they are so serious we have actually armed our probation 

officers. 

We also participate in a Northern Virginia gang task force. Sorry 

Mr. Wolf left on that one, because he has been critical in supporting that, and that is a regional program, but we have developed a multitude of programs from suppression to prevention intervention. 

Mr. MOLLOHAN. Mr. Dedes, we—— 

Mr. DEDES. I want to close real quick and just tell you, my bottom line is, we really want this Committee to support continuation 

of the funding back to the 2002 level to $546.9 million. 

[Written statement by James S. Dedes, Director, Fairfax County 

Juvenile and Domestic Relations District Court Services Unit follows:] 


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Mr. MOLLOHAN. Okay. Thank you, Mr. Dedes very much for your 

appearance here today. We appreciate your testimony, and look forward to working with you. 

Next the Committee would like to welcome Mr. Aaron Houston 

who will testify on behalf of the Marijuana Policy Project. 

THURSDAY, APRIL 2, 2009. 

MARIJUANA POLICY PROJECT 

WITNESS 

AARON HOUSTON, DIRECTOR OF GOVERNMENT RELATIONS, MARIJUANA POLICY PROJECT 

Mr. HOUSTON. Chairman Mollohan, I’m Aaron Houston, Director 

of Government Relations for the Marijuana Policy Project, the largest marijuana law reform organization in the United States. 

I am here today to urge the Subcommittee to consider possible 

report language related to the use of drug enforcement administration funding for the fiscal year ’10 bill in three areas I will outline 

today. 

First, since the passage of California’s medical marijuana law in 

November 1996, federal agents have raided more than 200 medical 

marijuana locations. And as you may have heard, Attorney General 

Eric Holder, recently indicated that the Department of Justice has 

altered its policy related to raiding medical marijuana clinics saying, ‘‘ The policy is to go after those who violate both federal and 

state law.’’ 

While MPP was pleased with the Attorney General’s pronouncements on this topic, more clarity is needed. Indeed merely one 

week after the Attorney General’s most recent pronouncement on 

this topic, the DEA conducted a raid on a medical marijuana clinic 

in San Francisco, that was actually licensed by the municipal government there. 

MPP believes that the most recent raid on March 25 not only 

highlights the urgent need for a clearly articulated policy surrounding a violation of state law, but also raises the need for stricter guidelines related to DOJ efforts to ascertain what constitutes 

a violation of state law, particularly by working with state regulators and law enforcement personnel. 

For example, in cases where an entity of the DEA wishes to target has been duly licensed by a state or municipal government, 

MPP believes there should be a presumption of compliance, and 

any suspected violations of state law should be reported to the 

state or local law enforcement personnel and state or municipal 

regulators who would then presumably use the information received from DEA to either revoke or suspend a state issued license 

or pursue state criminal changes against the entities suspected of 

a violation. 

In cases where state or municipal licensing is not available or 

possible in areas of California, for example, where that is still 

evolving, the DEA should still defer responsibility for enforcing 

state law to state or local law enforcement authorities, except in 

egregious cases. 


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In other words, whether or not a license has been issued to a 

medical marijuana selling or growing operation, the DEA should 

not conduct any raids, unless and until it receives confirmation 

from the local or state law enforcement or regulatory authorities 

that state law that has been violated. And we respectfully ask the 

subcommittee to include report language to this effect urging the 

DOJ to abide by this policy. 

Additionally, starting in July of 2007 the DEA began issuing letters of notice to landlords leasing space or real property to those 

involved in activities legal under California state medical marijuana law, threatening the landlords with forfeiture of property 

and possible criminal prosecution. Property owners receiving these 

threats from DEA merely lease space to the medical marijuana collectives and clinics and have committed no state level criminal offense in doing so. These threats against landlords have fueled speculation that the DEA’s threats are largely ideological rather than 

a legitimate law enforcement activity with limited resources. 

We ask the Subcommittee to include report language urging the 

administration to immediately halt the issuance of these letters 

and any subsequent action taken to seize the assets of the individuals in question. 

Finally, the lack of FDA approval of marijuana as a prescription 

medicine is largely due to the systematic hindrance of scientific research by governmental agencies over the last several decades. 

The federal government, through NIDA, actually maintains a 

monopoly on the supply of marijuana for research. It is the only 

drug in the pharmacopeia for which that is true. 

In order to facilitate FDA approved studies of marijuana, MPP 

asks the Subcommittee to include report language urging the DOJ 

leadership to direct the DEA administrator to accept DEA Administrative Law Judge, Mary Ellen Bittner’s recommendation to grant 

an application at the University of Massachusetts Amherst to be 

registered as a bulk manufacturer of marijuana and to halt unreasonable delays that have plagued medical marijuana research for 

decades. 

As I stated earlier, DOJ resources could be better spent on more 

serious challenges than misguided raids on medical marijuana clinics. 

The most recent estimates indicate that Mexican drug cartels are 

now operating in some form in 230 American cities. 

Moreover, recent testimony before another subcommittee of the 

House Appropriations Committee indicates that federal law enforcement authorities are so overwhelmed in one sector of the border—as most of you know the Mexico-U.S. border—that persons 

caught crossing the border with up to 500 pounds of marijuana in 

one sector are unlikely to face prosecution. 

Chairman Mollohan, Congressman Fattah, on behalf of medical 

marijuana patients, their care givers, and their family members, I 

urge you to seek greater clarity on these policies so that people who 

are simply following their doctor’s orders and abiding by state law 

can sleep better at night knowing the government is using scarce 

resources to protect them and not target them. I would be happy 

to take any questions you may have. 


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[Written statement by Aaron Houston, Director of Government 

Relations, Marijuana Policy Project follows:] 


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Mr. MOLLOHAN. Thank you very much, Mr. Houston for your testimony here today. 

Mr. HOUSTON. Thank you. 

Mr. MOLLOHAN. We appreciate it. 

Next the Committee would like to welcome Ms. Mishaela Duran. 

Is that? 

Ms. DURAN. Yes, that is correct. 

Mr. MOLLOHAN. Mishaela Duran. Ms. Duran will be testifying on 

behalf of the National Parent Teacher Association. Welcome to the 

Committee, Ms. Duran. 

THURSDAY, APRIL 2, 2009. 

NATIONAL PARENT TEACHER ASSOCIATION 

WITNESS 

MISHAELA DURAN, M.ED., DIRECTOR OF GOVERNMENT AFFAIRS, NATIONAL PARENT TEACHER ASSOCIATION (PTA) 

Ms. DURAN. Thank you. Good morning Chairman Mollohan and 

Representative Fattah. 

My name is Mishaela Duran, and I am the Director of Government Affairs at the National Parent Teacher Association. 

On behalf of PTAs five million members, I welcome the opportunity to appear before you to discuss the fiscal 2010 appropriations for federal juvenile justice programs. 

PTA urges the Subcommittee to consider the following recommendations to improve programs administered by the Office of 

Juvenile Justice and Delinquency Prevention within the Department of Justice. 

First, restore the Title 5 Incentive Grants for local delinquency 

prevention to its fiscal year ’02 level of $95 million with few or no 

earmarks for fiscal year 2010. 

Second, restore funding for the Title 2 State Formula Grants to the fiscal year ’02 level of $89 million. 

Finally, fund the Juvenile Accountability Block Grant at the fis- cal year ’02 level of $250 million. 

I have worked in the juvenile justice system for over a decade, 

including as a teacher, caseworker, and involved in implementing 

a major reform plan drawn from national best practices for the District of Columbia. In each of these roles I witnessed firsthand how 

federal juvenile justice funds can support programs that meet the 

immediate needs of youth and families in crisis. 

PTA advocates for youth who engage in non-criminal behavior 

such as truancy, so called status offenders. Critical programs funded by Title 5 divert such children from entering the juvenile justice 

system and support programs that produce positive outcomes for 

families, while at the same time protecting public safety. 

Between 1985 and 2004 there was a 69 percent increase in truancy court cases. Research demonstrates that locking up youth for 

non-criminal acts, such as skipping school, greatly increases their 

risk of future delinquency, victimization, abuse, and even suicide. 

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tion for any youth, but especially for youth who have not committed a crime. 

In addition, secure detention is extremely costly. According to the 

National Juvenile Detention Association operating a single detention bed costs the public approximately $1.5 million over the span 

of 20 years. With 591 juvenile detention facilities located across the 

country, the cost to the public is staggering. 

Community-based interventions funded by Title 5 have proven to 

be more cost effective for youth with status offenses. A Florida tax 

watch study indicates that preventing 10 percent of youth from entering the system through community-based alternatives like the 

evening reporting center that you heard about in Fairfax County, 

would yield over $10 million of cost savings. 

In my written testimony I included a number of best practices 

across the country. I would like to highlight one such best practice 

in Wood County school district in West Virginia. 

The Truancy Diversion and Social Work Program, TDSW, delivered by the Children’s Home Society of West Virginia in Parkersburg places a social worker into a school to assist families with truancy problems. Originally funded by federal juvenile justice funds, 

the program has been scaled back due to a lack of resources. Even 

so, it continues to prove effective. Ninety-eight percent of the students increased or maintained their daily attendance, and 96 percent increased or maintained their GPA. 

Title 2 provides essential support for public juvenile justice agencies to meet vital protection requirements required by federal statute, such as keeping youth who are truant out of the correction system. 

The Juvenile Accountability Block Grant, or JABG, supports 

many family focused evidence based programs such as functional 

family therapy, multi-systemic therapy, and multi-dimensional 

treatment foster care; all recognized as model programs by DOJ 

and HHS. 

Mr. Chairman and members of the Subcommittee, the PTA is 

deeply grateful for your leadership and support on safeguarding 

federal delinquency prevention programs. I look forward to answering any questions that you might have. 

[Written statement by Mishaela J. Duran, M.Ed., Director of 

Government Affairs, National Parent Teachers Association (PTA) 

follows:] 


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Mr. MOLLOHAN. Thank you, Ms. Duran. Appreciate your summary of your testimony, and we look forward to working with you. 

Ms. DURAN. Thank you. 

Mr. MOLLOHAN. Thank you for appearing here today. 

Next the Committee would like to welcome to the hearing Mr. 

Billy Frank, Jr. 

Chairman Frank will testify on behalf of the Northwest Indian 

Fisheries Commission. 

Chairman Frank, welcome. It is good to see you here this year. 

THURSDAY, APRIL 2, 2009. 

NORTHWEST INDIAN FISHERIES COMMISSION 

WITNESS 

BILLY FRANK, JR., CHAIRMAN, THE NORTHWEST INDIAN FISHERIES 

COMMISSION 

Mr. FRANK. Thank you, Mr. Chairman and the Committee and 

Mr. Wolf and Mr. Fattah. I just want to say that how important 

this Committee is. 

I am Billy Frank, Chairman of Northwest Indian Fish Commission, I have been chairman for going on 30 years now, and we are 

fish managers in the northwest. 

Mr. MOLLOHAN. They know a good leader when they see one, 

don’t they? 

Mr. FRANK. Yeah. And I represent the treaty tribes in the northwest, 20 treaty tribes along the Pacific coast in the State of Washington. And we depend upon this commerce to fund our projects out 

there in the northwest. 

We have not seen the President’s fiscal year ’10 budget yet, so 

our requests are based on what we anticipate it to contain. 

We are seeking funding to address several fisheries management 

initiatives that are critically important to the northwest tribes. 

These fishery resources that are protected by treaties with the 

United States are the basis of your culture and economics and our 

very existence as tribes. 

These fisheries are in trouble as continued population growth 

and the habitat destruction that companies this growth are making 

it increasingly important that recovery efforts are adequately funded. 

We request that the Pacific Coastal Salmon Recovery Fund be funded at the fiscal year 2002 level at $110 million, with $14 million allocated for the 20 affected treaty tribes in western Washington and Northwest Indian Fish Commission. I want to say that you added $80 million to that in 2009, so that 

is great. This fund is—— 

Mr. MOLLOHAN. We are listening to you. 

Mr. FRANK. Pardon? 

Mr. MOLLOHAN. We are listening to you. 

Mr. FRANK. Yeah. It is. I am here every year and I will be here 

next year again. 

Mr. MOLLOHAN. I hope. 

Mr. FRANK. This fund is critically important to the states and 

tribes to allow them to pursue the recovery of the Pacific salmon 


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throughout the northwest and Alaska by financially supporting and 

leveraging local and regional efforts. 

Since its inception in fiscal year 2000, the Pacific Coastal Salmon 

Recovery Fund has made a significant contribution to salmon recovery to address the federal responsibility under the Endangered 

Species Act to recover listed species under the treaties with tribes 

to recover stocks that are critically important to meeting the tribes 

treaty reserve fishing rights. 

We have developed water shed based recovery plans in collaboration with local communities that have been adapted by NOAA 

under the Endangered Species Act, and these funds are now needed for implementation of these plans. 

These funds have been and will continue to be used by the tribes 

for a variety of fish habitat improvement projects, including the removal of fish passage barriers and an opening of stream access and 

restoration and protection of stream and the estuary habitats. 

We are requesting funding to implement the Ocean Ecosystem 

Initiative in partnership with the State of Washington and NOAA. 

This initiative has two elements. 

First, we are seeking $1.1 million through NOAA’s National 

Ocean Service to support the participation by the tribes in the state 

in the recently formed inner governmental policy council, which is 

intended to strengthen management partnership with the Olympic 

National Marine Sanctuary, though this partnership’s participates 

hope to maximize resource protection and management while respecting existing jurisdictional authority. 

Second, we are seeking $2.7 million that would be used by the 

tribal state and NOAA partnership to begin multi-year program to 

assess rockfish population and to map sea floor habitat of the 

northern Washington coast. This information is critical first steps 

towards the development of an ecosystem base management. 

Last year I told the Committee that we had the dead zone along 

the Pacific coast from Florence, Oregon to Kalaoch Beach in the 

State of Washington, and that has been happening for five years, 

and hopefully it don’t happen this year. And I hear a lot of good 

things happening as far as the weather and so on. 

We also support the request that the U.S. Pacific salmon commission for the $67 million needed for the implementation of the 

2008 Pacific Salmon Treaty Canuck Annex to the treaty. You will 

hear more about this later as Jeff Koenings from the State of 

Washington, our commissioner, will report. 

We also want to extend our support for the request being made 

by Henry Cagey, the Chairman of the Lummi Tribe at the hearing 

for their funding request on economic fisheries disaster relief. One 

of our largest fishery tribes in the northwest. Also the Puyallup 

Tribe that just testified, and we support our court testimony by 

Judge Coochise. 

And so thank you very much for hearing me. And thank you for 

allowing us to come. 

And last year I stood out there four hours in that hallway. This 

year it is nice and orderly. We sit down. Thank you. 

[Written statement by Billy Frank Jr., Chairman, the Northwest 

Indian Fisheries Commission follows:] 


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Mr. FATTAH. Well we’re getting better as we go, but thank you 

for your more than three decades of service. 

And let me invite Anthony Chatwin, National Fish and Wildlife 

Foundation. 

You see members coming and going. That is because we have a 

series of votes on the floor, and we all have to make it down there 

in time to cast our vote. So it is no disrespect. I am sure many of 

us have reviewed the written testimony, but in order to keep this 

show going rather than have you just sit and wait for an hour 

while these votes go on, this is how we have decided to proceed. 

All right? Please begin. 

THURSDAY, APRIL 2, 2009. 

NATIONAL FISH AND WILDLIFE FOUNDATION 

WITNESS 

ANTHONY CHATWIN, DIRECTOR OF MARINE AND COASTAL CONSERVATION, NATIONAL FISH AND WILDLIFE FOUNDATION 

Mr. CHATWIN. Thank you. Good morning Congressman Fattah, 

and thanks for the opportunity to discuss the National Fish and 

Wildlife Foundation’s longstanding partnership with NOAA and 

our funding requests for 2010. 

My name is Anthony Chatwin, and I am the Director of Marine 

and Coastal Conservation for the foundation, which we refer to as 

NFWF, and I am here to summarize written testimony from our 

executive director, Jeff Crandall, which was submitted to the 

record. 

NFWF was chartered by Congress in 1984 to conserve fish and 

wildlife and their habitats. And in 1994 Congress expanded our 

mandate to specifically include NOAA’s mission to restore and protect marine and coastal resources. 

In addition to NOAA, NFWF serves as the foundation for the 

U.S. Fish and Wildlife Service, and has active partnerships with a 

number of other federal agencies, including Forest Service, EPA, 

the USDA, and others. We also have strong partnerships with numerous private foundations and corporations. 

NFWF helps achieve the conservation missions of our federal 

partners by convening partnerships between the government agencies and private sector to support on the ground and in the water 

conservation projects through competitive grant making process. 

A unique aspect to NFWF is our ability to pull funds from various different public and private sources to cost effectively manage 

grant programs. This model is accomplishing results and priority 

conservation areas of the United States, includes the Chesapeake 

Bay, the Gulf of Mexico coast, and the Great Lakes. 

For several years this Subcommittee has supported the NOAA 

NFWF partnership by providing appropriations through NOAA’s 

National Marine Fishery Service and NOAA’s Ocean Service, 

roughly at a level of two million annually. This funding has played 

an integral role in helping NFWF build bridges between NOAA, 

other federal agencies, and corporate partners to benefit marine 

species and habitats. 


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NFWF did not receive NOAA appropriations from the fiscal year 

2007 through 2009, but we have sustained the cooperative agreements with NOAA to continue some of our unique partnership programs, for estuaries, coral reefs, sea turtles, and marine debris. 

By law, funds appropriated by this Subcommittee to us would be 

matched at least one to one and be fully dedicated to grant 

projects. We do not use any of it for overhead expenses of the foundation. 

NOAA funding will help NFWF attract additional funding 

through corporate and foundation partnerships. 

Currently NOAA has—I mean the foundation has active partnerships with more than 30 corporations and foundations. The number 

of examples of this are in our written testimony. I will refer to one. 

In 2008, even in the current economic climate, we established a 

partnership with Covanta Energy and Schnitzer Steel called Fishing for Energy, whereby fishermen dispose of their derelict fishing 

gear free of charge and Covanta converts that gear into energy. 

This successful partnership has collected over 100 tons of derelict 

fishing gear. And often the alternative would be that they get 

dumped at sea, impacting wildlife. And this has been going on in 

ten ports in the northeast United States, and we are currently expanding it to other places in the country. 

We also have a longstanding partnership with Shell Oil through 

the Shell Marine Habitat Program, where we’ve created partnerships to protect marine habitat along the gulf coast, Long Island 

Sound, and Alaska. 

The 2010 funding would help NFWF continue to build these public private partnerships while benefitting some additional shed priorities for marine and coastal ecosystems, including marine protected areas and sustainable fisheries, which are two big mandates—important mandates of NOAA. 

Marine protected areas. Recently NOAA, working with the Department of Interior and a number of different federal agencies and 

with stakeholders from 30—well, 30 stakeholders from different interests—marine interests, including state government and tribal 

government and marine industries, have created a national system 

of marine protected areas. 

We are requesting as part of the appropriation to support the implementation of that system. That will benefit all levels of government, including tribal states, federal, and local governments. 

We also are seeking funds to support NOAA’s strategic plan, especially focused on increasing the number of fish stocks or fish populations that are managed at sustainable levels, and the number 

of protected species that would stable our increasing populations. 

To that end we are expanding investments in development and 

implementation of limited access privilege programs, also called, 

cat shares, these programs are a new management tool which 

NOAA is going to be implementing over at the next few years. 

So in conclusion thank you for allowing us to describe our valuable partnership with NOAA, and we believe there is great potential to expand this work in the future. And I appreciate your consideration of our 2010 request. 

[Written statement by Jeff Trandahl, Executive Director, National Fish and Wildlife Foundation follows:] 


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Mr. FATTAH. Well, I thank you for your testimony and for your 

important work. 

I need to call our next witness forward now. Kassandra Cerveny 

from the Marine Conservation Biology Institute. 

Ms. CERVENY. Do you want to sit someone else in before me? 

Mr. MOLLOHAN. Huh? 

Ms. CERVENY. Do you want to sit someone else in before me? 

Mr. MOLLOHAN. No, no, no, go ahead. That is fine. 

Ms. CERVENY. Mr. Chairman—— 

Mr. MOLLOHAN. Welcome to the Committee. 

THURSDAY, APRIL 2, 2009. 

MARINE CONSERVATION BIOLOGY INSTITUTE 

WITNESS 

KASSANDRA CERVENY, CONGRESSIONAL RELATIONS MANAGER, MARINE CONSERVATION BIOLOGY INSTITUTE 

Ms. CERVENY. Thank you. Good morning. I wish to thank members of the Subcommittee for the opportunity to testify on fiscal 

year 2010 appropriations for the National Oceanic and Atmospheric 

Administration. 

My name is Kassandra Cerveny, and I represent Marine Conservation Biology Institute. 

MCBI based in Belleview, Washington, is a national non-profit 

environmental organization whose mission it is to advance the 

science of marine conservation biology and secure protection for 

ocean ecosystems. Within this context we advocate adequate appropriations for NOAA programs that focus on understanding and conserving marine ecosystems, habitats, and species. 

There are five programs especially that deserve increased funding on which I wish to address today. 

Hawaiian Monk Seal Recovery, the Marine Debris Program, the 

National Marine Sanctuary Program, the Marine Protected Area 

Program, and the Deep Sea Coral and Technology Program. 

For several years Hawaiian monk seal recovery has faltered due 

to lack of funds. The fiscal year 2009 appropriations omnibus has 

created crucial momentum to alter the downward spiral of the 

monk seal population. This spiral has been in part due to the programs longstanding low funding levels. FCBI is extremely grateful 

to this Committee for understanding the plight of the species and 

taking necessary steps to begin the recovery effort. To rebuild the 

population the Recovery Plan must be implemented assertively and 

on a continuous basis. 

For fiscal year 2010 MCBI recommends a minimum of maintaining the recently appropriated fiscal year 2009 levels of no less than 

$5.734 million, and urges the appropriation of a full $7 million as 

detailed for the implementation of the Recovery Plan. 

In many regions marine debris is wreaking havoc on our oceans 

and the species that depend on the ocean for their survival. Research has proven that debris has serious effects on the marine environment, marine wildlife, the economy, and human health and 

safety. 


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Marine debris in the northwestern Hawaiian islands contributes 

to wildlife decline through ingestion and entanglement. 

Additional resources are needed to enhance the ability of NOAA 

to assess the amount, sources, and impacts on marine debris, maintain support to current removal programs, develop management 

practices, reduce derelict fishing gear, and conduct education and 

outreach measures. 

Presently the National Marine Sanctuary Office is responsible for 

managing the 13 marine sanctuaries and the Papahanaumokuakea 

Marine National Monument in the northwestern Hawaiian islands. 

Collectively, these 14 units cover more area than the National Park 

system. 

Given the crucial need to better protect sanctuary resources, 

MCBI recommends a significant increase in funding of $20 million 

for fiscal year 2010, bringing the overall program budget to $80 

million. 

An investment of $80 million would enhance and sustain the effectiveness of individual sites, as well as the system as a whole, 

while allowing the Office of National Marine Sanctuaries to fulfill 

its responsibilities as a leader in ocean management and conservation. 

The funding would support monitoring and enforcement responsibilities, education and outreach programs, as well as scientific research. 

NOAA is also charged with implementing executive order 13158, 

which directs federal agencies to develop a national system of marine protected areas. These areas are critical to maintain biological 

diversity in our oceans, protect ocean habitats, and effectively manage fish populations. 

Within this program NOAA is also tasked with undertaking a 

gap analysis to identify which additional types of marine systems 

should be protected. 

MCBI recommends an additional $2.1 million for the NPA center 

in fiscal year 2010 so that the NPA center can properly carry out 

the goals of implementing and expanding the national system of 

NPAs, the gap analysis I mentioned previously, as well as rendering technical assistance to state level NPA programs and maintaining the NPA inventory. 

With the recent discovery of the extensive deep sea coral ecosystems within the U.S. waters and understanding their importance, scientists are now challenged to learn the extent of these 

systems and how to protect them. 

MCBI was very pleased to see startup funding for the program 

at $1.5 million. With expensive technology and research vessel time 

needed for mapping deep sea coral systems, an additional $5.5 million could be used to fund known research needs immediately. 

Additionally the program can and should develop a by catch 

workshop. These workshops will cross train fishery observers to 

identify corals brought up by commercial fishers, as well as evaluate the continued impacts on sea floor corals. 

In summary, MCBI respectfully requests that the Subcommittee 

augment funding for the National Oceanic and Atmospheric Administration. 


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Thank you for the opportunity to share our views, and I would 

be happen by to answer any questions you may have. 

[Written testimony by Kassandra Cerveny, Congressional Relations Manager, Marine Conservation Biology Institute follows:] 


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Mr. MOLLOHAN. Thank you very much, Ms. Cerveny. Is that the 

way you pronounce that? 

Ms. CERVENY. Cerveny. 

Mr. MOLLOHAN. Cerveny. Thank you very much for your testimony. We look forward to working with you. 

I am going to call a witness out of order, because of my time constraints, and this witness is from West Virginia. 

Dr. Brian Noland. Dr. Noland is Chancellor of the West Virginia 

Higher Education Policy Commission. 

Dr. Noland, welcome today. Thank you for your good work in 

West Virginia. You absolutely are doing a wonderful job by all accounts. And we appreciate you being here today to testify, and look 

forward to your testimony. 

THURSDAY, APRIL 2, 2009. 

WEST VIRGINIA HIGHER EDUCATION POLICY 

COMMISSION 

WITNESS 

DR. BRIAN NOLAND, PH.D., MEMBER WEST VIRGINIA EPSCOR ADVISORY COUNSELOR; CHANCELLOR, WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION 

Mr. NOLAND. Mr. Chairman, thank you. Good morning, and 

thank you for the opportunity to be here. Thank you. And thank 

you as well for your support of programs such as GEAR UP, that 

expand college access opportunities for Americans all across the 

country. 

This morning I would like to testify regarding NSF and NASA’s 

EPSCoR programs for fiscal year 2010. We respectfully request $147.8 million for the NSF EPSCoR and $28 million for the NASA EPSCoR programs. The $147.8 million that EPSCoR states are requesting is the 

amount authorized for the program in fiscal year 2010 under the 

America Competes Act. 

Such funding would strengthen the role for 26 EPSCoR states 

plus Puerto Rico and the Virgin Islands play in the national research community. It would help these 28 entities expand their 

science and technology expertise in research and competitiveness, 

and would better train our states young talent to contribute more 

directly to meeting the scientific and technological challenges facing our nation. 

The EPSCoR program and NSF is already making significant 

contributions to research infrastructure developments through its 

research infrastructure rewards and co-funding. However, NSF has 

expanded the number of states and awards for individual states. 

Further, an NSF sponsored EPSCoR 20/20 workshop in June 

2006 identified actions to make the program more effective, including increasing the annual awards of the RAI, expanding co-funding, 

and making significant new investments in cyber infrastructure. 

To meet the needs posed by this report and the addition of states 

we need increased funding. 

EPSCoR states in particular have emerging cyber infrastructure 

networks and capacities that should be significantly upgraded to 


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ensure full participation in NSF and other federal research programs. 

Many EPSCoR jurisdictions do not have the current standards 

for Internet2 or NLR connectivity required for the most advanced 

research; for accessing remote equipment, facilities and for utilizing 

and manipulating larger databases; and for collaboration with researchers in other states which is necessary to create a truly national research community. 

Although EPSCoR states have about 20 percent of our nation’s 

population, we only receive about 6 percent of the allocations for 

research. For NASA EPSCoR in 2010 we are requesting an appropriation of $25 million. NASA EPSCoR is designed to develop the 

capacity of those states that have traditionally had limited 

amounts of NASA R and D funding. 

Recently, NASA made two key programmatic and administrative 

changes to its EPSCoR program. First, it increased the number of 

eligible jurisdictions from twenty to twenty-eight to be considered 

with the NSF EPSCoR designated states. Second, it changed its 

funding mechanisms for the implementation of awards. This policy 

change is resulting in fewer awards to states than in any single 

year. 

Now let me turn to West Virginia. As one of the five original 

EPSCoR states West Virginia has benefitted greatly from its participation in the program. In May 2006 West Virginia EPSCoR was 

awarded a three-year infrastructure grant allowing us to build in 

the capacity established by an earlier infrastructure grant. In just 

six years between 2001 and 2007 federal awards in West Virginia 

rose approximately from $36 million to $93 million. Total research 

expenditures at our colleges and universities rose from just over 

$79 million to more than $167 million over that same time period. 

The successes of the research initiatives seeded by these EPSCoR 

infrastructure grants have persuaded policy makers in our state to 

significantly increase the state’s investment in research. 

More than ever, a true state and federal partnership has been 

formed in this regard. Over the past two years our governor and 

the state legislature have worked together to provide $60 million 

in additional funds to assist West Virginia University and Marshall 

University and their efforts to attract top scientists to their labs. 

These appropriations are truly momentous developments that will 

give us opportunities to expand our research efforts in ways that 

we could only have imagined just a couple of years ago. 

None of this significant progress in our state would have been 

possible without the support received through the NSF’s EPSCoR 

program. In every state students and their citizens have important 

contributions to make to our nation’s competitiveness. The twentysix states and two jurisdictions that comprise the EPSCoR community represent 20 percent of our nation’s population, 20 percent of 

our research and doctoral universities, and 18 percent of our nation’s scientists and engineers. We believe in the value and power 

of EPSCoR. We believe in the power of EPSCoR to serve as a catalyst for improvement within our respective states and as a contributor to our nation’s increased competitiveness in the global economy. 


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Mr. Chairman, we thank you for your support of our colleges and 

universities across the State of West Virginia and we will be happy 

to address any questions. 

[Written testimony by Brian E. Noland, Ph.D., West Virginia 

EPSCoR Advisory Council follows:] 


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Mr. MOLLOHAN. Thank you, Dr. Noland. What is the state’s, $60 

million over what period of time? 

Mr. NOLAND. Mr. Chairman, the $60 million is in two separate 

funding streams. The first $10 million is to attract top flight talent 

in science and research to WVU and Marshall through endowed 

chairs. The second is a $50 million program known as Bucks for 

Brains. That is a dollar for dollar match that will allow us to 

endow science and research chairs across those two institutions. 

Mr. MOLLOHAN. So that is state money to be matched by? 

Mr. NOLAND. State money to be matched by private funds raised 

externally by the two institutions. So those funds would build upon 

the EPSCoR funds to allow us to diversify our infrastructure across 

the two institutions at WVU and Marshall. 

Mr. MOLLOHAN. So on an annual basis, how much is that increased funding for research in West Virginia? 

Mr. NOLAND. On an annual basis it is $10 million initially. The 

$50 million exists in a trust account. Institutions draw down from 

that trust account as they are able to raise private funds. Thus far, 

WVU and Marshall, the program is about eight months in, have 

been able to draw down approximately $4 million combined between the two institutions. That $4 million is then matched with 

$4 million from private sources to give us $8 million in endowed 

chairs thus far. They have five years to draw down the totality of 

the funds. 

Mr. MOLLOHAN. So it is drawn down on a project by project 

basis? 

Mr. NOLAND. Yes, sir. Done in conjunction with our office and 

Vice Chancellor Paul Hill. 

Mr. MOLLOHAN. And is that competed? 

Mr. NOLAND. It is competitively reviewed. The areas of emphasis 

align with the five areas outlined in our Patel report, energy, 

transportation, nanotechnology. But they are areas that align with 

our overall state vision, our 2015 Master Plan for Science and Research. 

Mr. MOLLOHAN. And where do we seem to be going with this research? 

Mr. NOLAND. At this point the initial hires have been in the area 

of energy and biomedical research at WVU. As I said, we are still 

eight months into the program. 

Mr. MOLLOHAN. Mm-hmm. 

Mr. NOLAND. But we anticipate the majority of the hires to be 

in those two areas. 

Mr. MOLLOHAN. Yes, well, I want to, again, compliment you as 

I did when you came up for your good work in West Virginia. By 

all accounts, consensus, you are doing a great job. And we appreciate these initiatives in research, which we all understand is fundamental to economic diversification, which we are all about. I 

want to compliment Dr. Hill as well. I note that he is here in the 

audience. You all represent a great team for promoting research in 

West Virginia. And thank you very much for taking the time to appear here today. 

Mr. NOLAND. Thank you, sir, for having us. 

Mr. MOLLOHAN. Thank you, Dr. Noland. Mr. Fattah. 


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Mr. FATTAH [presiding]. I am going to stand in for the Chairman 

now. And we return to the order. Marion Blakey from the Aerospace Industries Association? 

THURSDAY, APRIL 2, 2009. 

AEROSPACE INDUSTRIES ASSOCIATION 

WITNESS 

MARION BLAKEY, AEROSPACE INDUSTRIES ASSOCIATION 

Mr. FATTAH. How are you? Welcome. 

Ms. BLAKEY. I am well. And thank you very much, Congressman 

Fattah, for having us here. We appreciate the Committee’s attention without a doubt. And I am very pleased to have the opportunity to testify here today, because it is an important hearing focusing on, in this case, appropriations package for NASA and Space 

Related Agencies. 

I have to take this opportunity, also, to say thank you to this 

Committee. And if you will convey my regards to Chairman Mollohan personally for all the work that went into securing literally 

hundreds of millions of dollars in additional NASA funding in this 

last year alone. We are very grateful on that front. I would like to 

recognize that. 

I am here representing the Aerospace Industries Association and our almost 300 member companies which contribute $200 billion to 

the U.S. economy, and are responsible for 2 million jobs. We build 

the satellites, rockets, manned vehicles, and other kinds of hardware that allow the United States to stay in the forefront of space 

exploration. 

However, our leadership in space is no longer assured. Today, 

more than sixty countries have active space programs, some of 

which, as we know, are extremely ambitious. This is why we think 

the task before you is so important. Funding for NASA and other 

agencies involved in space provides the backbone of the U.S. response to international challenges. 

NASA funding is going in the right direction. As we note, the 

stimulus package provided a significant amount of money for space 

exploration, science missions, and replacing the aging NOAA satellites. The President’s proposed NASA budget also set a top line 

funding level as well, including more money, very importantly, for 

aeronautics R and D after years of, honestly, neglect. Of particular 

importance is NASA’s environmentally responsible aviation initiative, which promises to greatly advance the industry’s priority of 

reducing aviation’s environmental impacts. 

But we have concerns about what happens to the NASA budget 

in the coming years. Budget projections show the funding level flattening out, beginning in 2011 through 2013. During this we will 

see a projected five-year gap in U.S. manned space access. That is 

five years of relying on the Soviet Union to provide us access to 

space, a less than ideal situation. NASA will need as many resources as possible to speed that introduction of the next generation of space vehicles to reduce the gap. NOAA also needs more resources to replace satellites that are in danger of failing, which will 


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leave us with holes in terms of climate information. Dropping the 

funding ball for these agencies during this critical time is not an 

effective strategy to keep U.S. space leadership. 

Another piece to that puzzle, and I would say a final piece in my 

testimony today, is inspiring young people to get under the STEM 

education track, I know of particular important to you, Congressman. The space community is concerned there are not enough student studying technical disciplines to replace the large numbers of 

our retiring engineers and workers who are either now or soon to 

be eligible to retire. Not a good situation at all. As you know, 

STEM-related projects are peppered throughout the budget and we 

would ask you to give them your support. 

We know federal dollars are extremely scarce these days. Space 

programs, however, provide one of the best returns on investment. 

The space industry contributes more than $33 billion to the U.S. 

economy each year, and tens of thousands of high paying jobs. Congress has already expressed its faith in space as an economic engine, including it in the stimulus bill. And we believe it is an important incubator of technological innovation. 

I would like to close today by mentioning AIA’s most visible contribution to STEM education, the Team America Rocketry Challenge. It is the world’s largest rocket contest, and we are very 

proud of it because it involves about 7,000 middle and high school 

students each year, giving them aerospace experience as they design, hand build, and then fly their model rockets. The final fly off 

is for the hundred best qualifying teams. It is set for May 16th. 

And please convey to Congressman Wolf that it is going to be right 

in his backyard. We are doing this at Great Meadow in The Plains, 

Virginia. And we would be delighted, Congressman Fattah, if you 

and others on this Committee would come out and join us welcoming those young people. They do a great job. Thank you very 

much. 

[Written statement by Marian C. Blakey, President and CEO, 

Aerospace Industries Association follows:] 


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Mr. FATTAH. Well, we would be excited to do that. Thank you for 

your testimony. 

Ms. BLAKEY. You are welcome. 

Mr. FATTAH. I want to call Dr. Jeffrey Koenings, the Pacific 

Salmon Treaty Commission. 

THURSDAY, APRIL 2, 2009. 

PACIFIC SALMON TREATY COMMISSION 

WITNESS 

JEFFREY P. KOENINGS, PACIFIC SALMON COMMISSION 

Mr. KOENINGS. Good morning, Congressman Fattah. It is a pleasure to be here today. Again, I am Dr. Jeff Koenings from the State 

of Washington. And I am pleased to be the Pacific Salmon Treaty 

Commissioner representing the States of Washington and Oregon. 

The Pacific Salmon Treaty is an international treaty with Canada first ratified by the U.S. Senate in 1985. The treaty is implemented through the Pacific Salmon Commission, which consists of 

a U.S. and Canadian section. The U.S. section is made up of commissioners appointed by the President to represent the State of 

Alaska, the States of Washington and Oregon, the federal government, and the twenty-four treaty tribes of Washington and Oregon. 

Twenty of those tribes are represented by Mr. Billy Frank, here. 

We heard his testimony earlier. So we are well acquainted with 

each other. Excellent work and an excellent organization. 

The Pacific Salmon Commission sets upper harvest limits on five 

salmon species in fisheries conducted from Alaska, through Canada, and into Washington and Oregon. These harvest limits strive 

to fulfill the fair allocation of harvest while meeting the conservation needs of the salmon. In May of 2008, under the framework of 

the treaty, the Salmon Commission concluded bilateral negotiations 

with Canada that developed revised ten-year salmon fishing regimes to replace regimes that were expiring at the end of last year. 

The provisions of the new fisheries agreements will be implemented during the next ten years. 

Funding for the operations of the Salmon Commission comes 

through three federal agencies, State, Commerce, and Interior. 

Today I would like to emphasize two budget areas in the Commerce Department’s budget. 

The U.S. section recommends that Congress fund the Pacific 

Salmon Treaty line item of the National Marine Fisheries Services 

at $8 million for fiscal year 2010. This funding provides the technical support for the States of Alaska, Washington, Oregon, and 

Idaho as well as the National Marine Fisheries Service to conduct 

the salmon stock assessment and fishery management programs 

required to implement the treaty fishing regimes. Included within 

the total amount of $8 million is $400,000 to continue a joint 

Transboundary River Enhancement Program with Canada as required by the treaty. 

Second, the U.S. section also recommends that Congress fund the 

Pacific Salmon Treaty Chinook Salmon Agreement line item of the 

National Marine Fisheries Service for 2010 at $1,844,000. This is 


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level funding from what has been provided by Congress in recent 

years. This funding is necessary to acquire the technical information to fully implement the Abundance Based Chinook Salmon 

Management Program provided for under the treaty. 

I would like to emphasize that the funding identified above is for 

ongoing annual programs and does not include new funding specifically needed for full application of the new ten-year agreement that 

was accepted by the governments of the United States and Canada 

on December 23, 2008. The United States Pacific Salmon Commission state and travel commissioners have been and will continue to 

work with federal agency representatives and Congress to secure 

the new funding to support the new agreements. 

This concludes the statement of the U.S. Section of the Pacific 

Salmon Commission submitted for consideration by the Committee. 

We wish to thank the Committee for the support that it has given 

us in the past, and I will be pleased to answer any questions the 

Committee member may have. Thank you. 

[Written testimony by Jeffrey P. Koenings, U.S. Commissioner, 

Pacific Salmon Commission follows:] 


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Mr. FATTAH. Doctor, let me thank you and also your colleague for 

your testimony on this. And we appreciate the information. Thank 

you very much. 

Mr. KOENINGS. You are very welcome. I understand I was in a 

dangerous spot. I am standing between you and lunch. 

Mr. FATTAH. It could be worse than that. Us and votes, you 

know. 

Mr. KOENINGS. There you go. 

Mr. FATTAH. But, Ford Bell. 

THURSDAY, APRIL 2, 2009. 

AMERICAN ASSOCIATION OF MUSEUMS 

WITNESS 

FORD BELL, AMERICAN ASSOCIATION OF MUSEUMS 

Mr. FATTAH. How are you, Mr. Bell? 

Mr. BELL. I am good. How are you? Thank you. 

Mr. FATTAH. Feel free to proceed. 

Mr. BELL. My name is Ford Bell and I am the President of the 

American Association of Museums, the national organization that 

represents 17,500 museums and the half a million who work in 

those museums. 

Last Thursday at 7:49 in the morning NASA launched its latest 

mission. The American astronaut on the multination team is Dr. 

Michael Barratt, who was inspired to pursue a career in science at 

the Oregon Museum of Science and Industry where he built his 

first telescope as a young man. While in space Dr. Barratt will 

send images that will be incorporated into that museum’s planetarium shows. As our nation looks to engage the next generation 

in science Dr. Barratt’s story offers a clear lesson. His path toward 

a career in science started in a museum. 

The American Association of Museums is proud to join other national museum service organizations, including the Association of 

Science and Technology Centers and the Association of Children’s 

Museums, in representing the informal educational institutions 

where science is brought to life. We are proud to support agencies 

under this Subcommittee’s jurisdiction that help our nation’s 

science museums, zoos, botanic gardens, technology centers, children’s museums, and aquariums engage whole generations in 

STEM learning through interactive, educational and, yes, fun programming. 

We support at AAM at least $71 million for the National Science 

Foundation’s Information Science Education and Math and Science 

Partnership Programs to promote public engagement with science, 

technology, engineering, and math. We support at least $10 million 

for NASA’s informal science education, which also supports STEM 

education outside of formal classroom environments through media 

exhibits and community-based programming. 

We support at least $40 million for the National Oceanic and Atmospheric Administration Education Program, which promotes environmental education and helps train the next generation for caVerDate Nov 24 2008 02:33 Apr 29, 2009 Jkt 048765 PO 00000 Frm 00142 Fmt 6633 Sfmt 6602 E:\HR\OC\A765P2.XXX A765P2

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reers in science. NOAA also provides competitive education grants 

to aquariums accredited by the Association of Zoos and Aquariums. 

The National Research Council has found that tens of millions of 

Americans learn about science in informal ways, by visiting museums or attending after school programs. The report notes that informal science education can jump start a long term interest in 

science. And this happens every day in museums. 

The Discovery Center in Rockford, Illinois received an NSF grant 

to support Outreach to Space, an after school hands on science education program that reaches 500 at risk students every single day. 

Programs are brought to local fairs and festivals where countless 

children in this rural community are inspired to pursue science careers. 

The Cincinnati Museum Center was awarded a $100,000 major 

research instrumentation grant from NSF to establish a fully functional molecular genetics laboratory in collaboration with the Cincinnati Zoo and two local colleges. Local high school students are 

getting an up close view of science. 

The Children’s Museum of Houston has received NSF funds to 

develop two bilingual science-based traveling exhibits. One of them 

uses characters from a popular television series to teach math. Parents praise the exhibit for translating complicated math content 

into simple, fun exhibits. 

And museums are engaged in unique partnerships across the 

country. The Birmingham Museum of Art in Birmingham, Alabama 

works closely with the Alabama Department of Youth Services to 

help at risk teens through photography and creative writing. The 

Brooklyn Botanic Garden works closely with the New York City 

Department of Sanitation to host environmental education programs. And the Brooklyn Children’s Museum works with the New 

York City Summer Youth Employment Program to run an after 

school program for at risk children from underserved communities. 

I appreciate this opportunity to testify today and urge the Subcommittee to fully fund NSF, NASA, and NOAA so that we can 

continue to inspire young and old about science, technology, engineering, and mathematics. I would be happy to answer any questions. 

[Written statement by Dr. Ford W. Bell, president of the American Association of Museums follows:] 


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Mr. FATTAH. I want to thank you for your testimony. Obviously, 

these are areas that have a great deal of support on this Subcommittee, and we thank you. But I need to move on to our next 

witness. 

Mr. BELL. Thank you very much. 

Mr. FATTAH. Dr. James Sanders from the National Association of 

Marine Laboratories. 

THURSDAY, APRIL 2, 2009. 

NATIONAL ASSOCIATION OF MARINE LABORATORIES 

WITNESS 

JAMES SANDERS, NATIONAL ASSOCIATION OF MARINE LABORATORIES 

Mr. SANDERS. Mr. Chairman, members of the Subcommittee. My 

name is Jim Sanders. I am the Director of the Skidaway Institute 

of Oceanography in Savannah, Georgia. I appear before you today 

as the President of the National Association of Marine Laboratories, or NAML. 

NAML is an association of over 100 marine labs around the 

country that conduct merit-based research, education and outreach 

in the natural and social sciences. NAML links thousands of scientists, educators, engineers, and professionals that are helping our 

nation better understand and support and sustain our oceans, 

coastal regions, and Great Lakes. I focus my testimony on the importance of adequate support for the research, education, and outreach programs funded by the National Science Foundation, the 

National Oceanic and Atmospheric Administration, and the National Aeronautics and Space Administration. 

Marine laboratories and research institutions around the country 

provide the federal government with the very best scientific knowledge upon which policy can be developed, and extramural federal 

support is the lifeblood of the academic-based scientific community. 

Federal programs that fully engage the community in competitive, 

merit-based research programs produce an extremely cost effective 

return on investment and at the same time distribute economic 

benefits over a broad array of communities. 

First, we urge this Committee to appropriate $7 billion for the 

National Science Foundation for fiscal year 2010. NSF funds basic 

research that enhances public understanding of the nation’s oceans 

and coastal areas and Great Lakes. NAML has consistently supported congressional efforts to enhance NSF’s budget within the 

budget of the America Competes Act. We urge that basic science 

at NSF continue to be viewed as a wise and effective investment 

in the nation’s scientific preeminence. 

Today’s science needs require that we maintain and enhance infrastructure at all scales, from traditional infrastructure like ships 

and satellites to the next generation technologies that enable advanced genomics, for example, or computational approaches. NSF 

is really the only agency that routinely provides essential support 

for basic laboratory facilities, instrumentation, and other infrastructure. They do this through programs like the Major Research 


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Instrumentation Program and the Field Stations and Marine Laboratories Program. 

The Field Stations Program is critically important as it is the 

only source of federal funding specifically dedicated to the modernization of marine labs. While funding decisions within that program are made by the agency, congressional support for a more robust Field Stations Program would be helpful as we seek to upgrade aging facilities and rebuild a network of 21st century laboratories. The Field Stations Program deserves to be double to $5 million for 2010, with sustained support in the future. Second, we urge the Subcommittee to support a budget of $5 billion for NOAA for 2010. NOAA is a long time partner with the marine laboratory community, as many NOAA labs are linked to 

NAML laboratories. In its efforts to address complex challenges associated with climate change, we urge NOAA to continue to leverage its internal scientific expertise by effectively and extensively 

engaging the talent of the academic research community. NOAA’s 

extramural programs need increased funding. Programs such as 

the National Sea Grant College Program, the Ocean Exploration 

Program, the National Undersea Research Program, and others. A 

fiscal 2010 budget of $5 billion will allow NOAA to meaningfully 

enhance its partnerships with the extramural research community. Third, we urge the Subcommittee to support NASA at $18.7 bil- lion for fiscal 2010. Within this amount, $4.7 billion is needed to 

boost NASA’s Science Mission Directorate. Support for earth 

science and earth observation within NASA has been unsteady in 

recent years, despite strong support from the community. A balanced investment in NASA is critical, especially as priorities shift 

and research must adapt to merging issues, like climate change 

mitigation, and adaptation. 

Finally, I would like to underscore the importance of fostering 

the next generation of ocean literate Americans. American students 

are being eclipsed by peers in other industrialized countries. The 

American public must be encouraged to understand natural ocean 

systems, and the linkages between those systems and human welfare, and be empowered to make wise decisions. NAML works 

closely with federal partnership programs at NSF and NOAA, for 

example, to address the ocean education needs of this nation. 

NAML recommends that these programs be meaningfully enhanced 

in fiscal year 2010. 

Thank you for the opportunity to speak to you today. I would be 

happy to address any questions. 

[Written statement by Dr. James Sanders, President, National 

Association of Marine Laboratories follows:] 


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Mr. FATTAH. Thank you for your testimony. We are not going to 

have time, I think, for a lot of questions today as I think, obviously, 

based on the enthusiastic interest in testifying before the Committee. So let me thank you for your work. 

Mr. SANDERS. Thank you for your time. 

Mr. FATTAH. Kristen Fletcher from the Coastal States Organization. 

THURSDAY, APRIL 2, 2009. 

COASTAL STATES ORGANIZATION 

WITNESS 

KRISTEN FLETCHER, COASTAL STATES ORGANIZATION 

Ms. FLETCHER. Good morning, Mr. Chairman and members of 

the Subcommittee. My name is Kristen Fletcher and I am Executive Director of the Coastal States Organization. CSO represents 

the governors of the nation’s thirty-five coastal states on the sustainable management of U.S. ocean, coastal, and Great Lakes resources. Thank you for the opportunity to testify on behalf of the 

states on funding priorities for fiscal year 2010. 

CSO supports the following coastal programs and funding levels 

within NOAA, our essential federal partner in the national effort 

to sustainably manage the coastal zone. $100 million for the Coastal Zone Management Program; $12.4 million for Coastal Zone Management Administration; $60 million for Coast and Estuarian Land 

Protection; and $33 million for Coral Reef Conservation. These programs are part of the critical framework for our coasts, which we 

rely upon for commerce, recreation, energy, and natural resources. 

They provide direct funding to states and territories. Especially in 

difficult budgetary times this is a good federal investment. These 

grants are matched by the states and leveraged with private and 

local funds. 

Though federal funding does not reflect it, the oceans and coasts 

provide an irreplaceable contribution to our nation’s economy. Even 

though the coastal zone makes up only 17 percent of the land area 

of the United States, 53 percent of the nation’s population lives 

there. The National Ocean Economics Project estimates that the 

annual contribution of coastal counties is in the trillions of dollars. 

In recent years, employment growth along the coasts was nearly 

three times population growth. Our oceans and coasts are not just 

places we enjoy, they are a vital part of our nation’s economy. 

But today it is apparent that we are loving our coasts to death. 

The demand on coastal resources combined with an increase in natural hazards such as sea level rise and hurricanes means that we 

are in danger of losing these resources. Despite the difficult budgetary times we need to provide more support for the key programs 

that make our coastal communities sustainable and resilient. Failure to invest now means a greater economic investment in the future, likely at a point of crisis. 

I want to offer a few examples of the difference that federal funding makes to the coastal communities and its citizens. Planning in 

local communities can mean the difference between a community 


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that bounces back from a storm and one that does not. The Virginia Coastal Management Program has created an Internet mapping system known as Coastal Gems. It combines data from many 

sources so that anyone can go online and see land and water resources along the entire coastline of the state. Today it is used by 

local governments to plan where development should and should 

not go, by businesses to help them avoid sensitive areas, by land 

trusts to target areas for private acquisition, and by the public to 

better understand what resources are in their backyard. That is 

what management is about, knowing what resources need protection and where we can develop sustainably. And I have visited the 

website. It is an amazing tool, one that would not have been possible without federal funds. 

In this age of flooding and sea level rise coastal communities are 

on the front lines. Maryland’s coastal program is leading the way 

in adapting to sea level rise through its assistance to local communities. It is at this local level where the development decisions are 

made. Impacts to sea level rise in Maryland are apparent now. 

Maryland communities are leveraging federal funds with state and 

private funds to direct future growth away from likely storm surge 

areas. 

And finally, we cannot forget why we as Americans love the 

coasts, which is recreation. In 2008 the Alabama Coastal Program 

provided funding to the City of Gulf Shores and the Town of Dauphin Island for the construction of public access to coastal waters. 

Access to recreation at the coast is a key element of the American 

quality of life and contributes to coastal economies. 

CSO greatly appreciates the support the Subcommittee has provided in the past to care for the nation’s coasts. We appreciate your 

consideration of our request as you move forward in the fiscal year 

2010 appropriations process. Thank you. 

[Written statement by Kristen Fletcher, Executive Director, 

Coastal States Organization follows:] 


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Mr. FATTAH. Let me thank you for your testimony. I am going 

to have to go vote, and so we are going to take a break. Everybody 

can just stay exactly where you are. Do not move. 

[Recess.] 

Mr. SERRANO [presiding]. We will resume our hearing. And you 

will note the quickest promotion ever in the history of the Congress. But I am not taking this seriously, it is only for the moment. 

Our next witness is Dr. Jack Fellows for the University Corporation for Atmospheric Research. 

THURSDAY, APRIL 2, 2009. 

UNIVERSITY CORPORATION FOR ATMOSPHERIC 

RESEARCH 

WITNESS 

JACK FELLOWS, UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCH 

Mr. SERRANO. The rules are still the same. Five minutes. But we 

do take this very seriously and we do take a lot of notes. And we 

know what we are doing. The schedule seems like we are moving 

people in and out, but that is because it is only hundreds and hundreds. Please proceed. 

Mr. FELLOWS. Thank you for the opportunity to appear today. I 

am Jack Fellows, Vice President for the Corporation of Atmospheric Research. It is a nonprofit consortium of over a hundred universities that study the weather and climate. 

All fifty states are battered by billions of dollars in weather and 

climate related damages each year. And it is clear that these impacts will change as the climate changes over the next few decades, 

including how we will make water, food, and energy supplies reliable and sustainable into the future. 

Over the past fifty years we have made significant progress in 

forecasting severe weather and understanding climate change. 

However, the weather and climate community is concerned that 

our nation is not prepared to adapt to climate change and has developed a community document with recommendations on how to 

address this situation. And I discuss this document in my written 

testimony. 

The bottom line is that decision makers need local and regional 

scale information, but our climate models are hampered by the lack 

of research, observations, and computing at this kind of scale. 

Some of the problems are due to flat budgets but some of them are 

due to the lack of policy direction and even barriers to focus on 

these local and regional impact scales. 

My written testimony includes funding recommendations for 

NSF, for NASA, and NOAA. So I would like to focus my comments 

today on leadership and policy issues. First, your Committee embraced the recent Earth Science Decadal Survey and provided guidance on erosion and weather and climate observing programs in 

this country. And I would like to recommend that you direct OSTP 

to create an integrated ground and space-based national observing 

strategy. You would build satellites differently if they were integrated with ground systems. And they do not all have to be large, 


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expensive missions. Some of these missions can be done on small 

satellites. And there are groups with impressive histories in our 

country of delivering small satellites on schedule and within budget. We cannot continue to tolerate enormous satellite cost overruns 

that devastate other critical services to our country. 

Secondly, the U.S. Global Change Research Act requires the 

President to develop a national global change research plan. And 

a recent National Research Council evaluation concluded that the 

climate change predictions have improved substantially, but our 

understanding of the impacts on society is relatively immature. I 

recommend clear guidance to OSTP to ensure that these investments deal both with key science priorities and help local decision 

makers deal with climate change. And also direct OSTP to examine 

how they partnered with OMB in the 1990s to coordinate these activities. And the community document that I mentioned earlier can 

provide guidance on how to do that. 

Thirdly, NOAA is working hard to establish a National Climate 

Service. But this will be very challenging for NOAA since it involves over fifteen agencies. So I recommend providing strong guidance to OSTP to explore a range of options for this National Climate Service, including parts of that service that could be done 

outside of the federal government. And lastly, the Committee provided $10 million in 2009 for a Climate Change Education Plan at NSF. The country does not need 

to reinvent the wheel, here. We should leverage existing programs. 

For example, the very successful GLOBE Program is planning a climate campaign next year involving over 1 million students and 

teachers around the world. So I would recommend that OSTP look 

at an interagency climate change education program. 

I want to sincerely thank the Committee for this opportunity to 

testify. 

[Written testimony by Jack D. Fellows, Vice President, University Corporation for Atmospheric Research follows:] 


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Mr. SERRANO. Thank you. A quick question. Does your group also 

include universities from the territories? 

Mr. FELLOWS. No, it is North American universities, so Mexico, 

U.S., and Canada. 

Mr. SERRANO. But Puerto Rico is right next to Florida. 

Mr. FELLOWS. Yes. We do not actually have a university from 

Puerto Rico. 

Mr. SERRANO. Okay. Or Guam? Or Samoa? Okay. Thank you. Dr. 

Caren Chang, American Society of Plant Biologists. 

THURSDAY, APRIL 2, 2009. 

AMERICAN SOCIETY OF PLANT BIOLOGISTS 

WITNESS 

CAREN CHANG, AMERICAN SOCIETY OF PLANT BIOLOGISTS 

Ms. CHANG. Mr. Chairman, thank you for inviting me to testify 

on the National Science Foundation’s fiscal year 2010 budget. My 

name is Caren Chang, and I am an Associate Professor at University of Maryland. I appear before you today on behalf of the American Society of Plant Biologists, ASPB. 

With respect to my own career, the NSF has had a great impact. 

First by supporting my graduate research on developing the plant 

Arabidopsis as a model system for modern plant research, and then 

providing me with a postdoctoral fellowship that helped shape my 

career. 

ASPB is an organization of more than 5,000 researchers, educators, graduate students, and postdoctoral scientists in all fifty 

states and throughout the world. Our mission is to promote the 

growth of plant biology, communicate research in plant biology, and 

promote the interests of plant scientists in general. And although 

many of our members are focused on basic plant research we are 

all keenly aware of the applied ramifications of our findings. 

Plants are vital to our very existence by providing food, feed, and 

the oxygen we breathe. And research in plant biology is making 

fundamental contributions in sustainable development of better 

foods, fabrics, and building materials; in fuel security and environmental stewardship; and in understanding the basic biological principles that underpin improvements in the health and nutrition of 

all Americans. Yet the amount of funding invested in basic plant 

research is relatively small when compared with the impact this research has on multibillion dollar sectors of the nation’s economy, 

such as energy and agriculture. 

The fiscal year 2010 NSF budget overview released in February 

would fund the NSF at $7 billion in fiscal year 2010. ASPB enthusiastically supports this request and encourages proportional funding increases across all of the science disciplines supported by the 

NSF. 

The NSF Directorate for Biological Sciences, known as BIO, is a 

critical source of funding for nonbiomedical research, supporting 

discoveries ranging from molecules, to cells, to ecosystems, to the 

biosphere. Within BIO the Plant Genome Research Program has 

profoundly influenced our understanding of biofuel crops, human 


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nutrition, the impact of climate change on agriculture, and the 

roles of plants in ecosystems. ASPB asks that the Plant Genome 

Research Program continue to be a separate funding line within 

the NSF budget as in years past, and that sustained funding 

growth continues for this program. 

NSF chose to locate this and other groundbreaking programs, 

such as the iPlant Collaborative and the Arabidopsis 2010 Project 

in the Plant Biology Community, demonstrating the centrality of 

plant research to the NSF’s mission. These decisions illustrate the 

vital role that basic plant research plays, and should continue to 

play, as America confronts the serious challenges it faces. 

The NSF is also a major source of funding for the education and 

training of the American scientific workforce. The NSF’s education 

portfolio impacts students at all levels in the science pipeline, and 

also offers programs focused on outreach to and engagement of 

underrepresented groups. ASPB encourages further development of 

the NSF’s education and training programs. We also enthusiastically endorse President Obama’s statement that the number of 

graduate student fellowships should triple in the coming years. 

And we support positive progress in this direction through the fiscal year 2010 budget request. 

To conclude, sustained funding growth for the NSF and its BIO 

Directorate is of critical importance to the plant biology community 

and to ASPB members. The promise of such funding growth would 

lend encouragement to the hardworking undergraduate and graduate students in my lab and across the country to continue on in 

science. More importantly, without increasing support for the NSF 

promising discoveries with vital applications in energy independence, human health, agriculture, and the environment will be postponed and America’s ability to respond to the pressing problems we 

face today will be further delayed. 

Thank you for hearing our remarks. 

[Written testimony by Dr. Caren Chang, member, American Society of Plant Biologists follows:] 


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Mr. SERRANO. Thank you. Very quickly, you said something 

about keeping it as a separate entity? 

Ms. CHANG. For the Plant Genome Research Program. 

Mr. SERRANO. Okay. All right. Thank you so much. 

Ms. CHANG. Thank you. 

Mr. SERRANO. Thank you. Next we have Pam Johnson, National 

Corn Growers Association. 

THURSDAY, APRIL 2, 2009. 

NATIONAL CORN GROWERS ASSOCIATION 

WITNESS 

PAM JOHNSON, NATIONAL CORN GROWERS ASSOCIATION 

Ms. JOHNSON. I am happy to follow up with Dr. Chang because 

we are on the same page. I am a fifth generation farmer from 

Floyd, Iowa. I am here today because I represent corn growers on 

behalf of the National Corn Growers Association. And I serve as 

Chair of the Research and Business Development Action Team 

there. The National Corn Growers represents 36,000 members, and 

also 300,000 people who contribute to the check off because they 

believe research needs to be done. 

NCGA’s top priority in this appropriations bill is maintaining the funding of $101 million for the National Science Foundation Plant 

Genome Research Initiative. We believe that this program is crucial to agriculture and urge that this budget remain intact. The 

goal as listed in the strategic plan is to develop a basic knowledge 

of the structure and functions of plant genomes, and to translate 

this knowledge to a comprehensive understanding of all aspects of 

economically important plants and plant processes. This bridges 

plant basic research to plant performance in the field. 

The initiative will accelerate basic discovery and innovation in 

economically important plants, and it will enable management of 

agriculture, natural resources, and the environment to meet societal needs. The initiative is supported by the Interagency Working 

Group on Plant Genomes and has been a model of a true public/ 

private partnership, integrating the stakeholders across the disciplines and promoting results-driven research. 

Milestones this last year in 2008 included the release of the draft 

corn genome sequence, and access to this information is open to all 

and in the public domain. We have now reached a place where we 

can put basic research to work, and capitalize fully on the investments we have made. 

When the human genome was mapped the researchers could take 

that knowledge from the lab to the patient to improve health. 

Much like this, plant scientists can take genetics and breeding and 

now be able to take this science from the lab to improve plants. A 

complete corn genome sequence and application of its information 

will provide a wide range of benefits. Both public and private sectors will be able to expedite their breeding programs and increase 

their knowledge of corn’s important agronomic traits. For farmers, 

we will have access to varieties of corn that are better suited to the 

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gen and water needs, and higher yields, all increasing sustainability. Consumers will benefit from a more abundant and sustainable food, feed, and fuel supply. Improvements aim at not only increasing yield by enhancing the nutritional value to achieve an affordable, plentiful, and safe food product. 

Corn is a model system for studying complex genomic structure 

and function for grasses and for other crops. And its high quality 

genetic map will serve as a foundation for studies that will lead to 

improved biomass and bioenergy resources from corn and related 

plant species. 

So in conclusion, maintaining and improving upon the resources 

that have been available for crop systems is now more important 

than ever as agriculture steps up to meet the demands of consumers worldwide. We are poised to make a great contribution to 

society, providing a safe and secure supply of resources for human 

and animal nutrition, fiber, bioenergy, and industrial feeds. Continued strong governmental support of basic ag research is essential 

to ensure that this innovation pipeline remains robust. So NCGA 

requests that this Subcommittee include in the fiscal year 2010 appropriations bill language that secures the $101 million Plant Genome Research budget, applied exclusively to plants of economic 

importance keeping in line with the original intent of the program. 

Thank you for the opportunity to speak and I will take any questions. 

[Written statement by Pam Johnson, Chair, Research and Business Development Action Team, National Corn Growers Association follows:] 


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Mr. SERRANO. Thank you. Just a comment. We thank you for the 

work you do, and the important research you do. And we certainly 

know how important that is. And we thank you for your testimony. 

Ms. JOHNSON. Thanks a lot. 

Mr. SERRANO. Thank you. Next we will hear from Bruce 

Hoogstraten. I hope I am pronouncing that right. 

THURSDAY, APRIL 2, 2009. 

NASA AERONAUTICS SUPPORT TEAM 

WITNESS 

BRUCE HOOGSTRATEN, NASA AERONAUTICS SUPPORT TEAM 

Mr. HOOGSTRATEN. Yes, sir. 

Mr. SERRANO. That is a miracle. 

Mr. HOOGSTRATEN. That is better than my third grade teacher 

could do. 

Mr. SERRANO. I am not going to tell you what they used to do 

with Serrano. NASA Aeronautics Support Team. 

Mr. HOOGSTRATEN. Yes, sir. Good morning. My name is Bruce 

Hoogstraten and I am the Executive Director of the NASA Aeronautics Support Team in Hampton, Virginia. I appreciate the opportunity to testify before the Subcommittee today on NASA’s aeronautics enterprise. I am also currently the Governor’s Chairman 

for the Virginia Aerospace Advisory Council. 

We, like everyone else today, await the details of the fiscal year 

2010 NASA budget with bated breath. Hopefully, due to the change 

in the administration it may signal a new direction for NASA aeronautics research. Yet at the same time, conditioned to accept the 

worst. The Subcommittee knows the gory details year after year. 

The program is rebaselined lower and lower on the out years and 

proposed for massive cuts for the previous year. 

I first, however, want to thank both the Subcommittee and full 

Committee for both the $53.5 million above the requested NASA 

fiscal year 2009 aeronautics program budget contained in the omnibus bill targeted at the next generation air traffic control system 

and for green aviation, as well as the $150 million in the American 

Recovery and Reinvestment Act for research, development, and 

demonstration to improve aviation safety and next generation air 

traffic control. In taking these actions the Congress has at least put 

the aeronautics program on a firm budget footing for 2009 and 

2010, which will enable the acceleration of the very badly needed 

research in the critical areas of more efficient aircraft, modernized 

ATC, and aviation safety. 

We have engaged a new administration hoping that a fresh perspective will reverse the negative budget trends for NASA aeronautics. But it is more than reversing a budget trend. There is a 

larger picture that we implore Congress to consider. While the exploration and human space flight side of NASA have been given a 

grand vision and goals to develop the hardware necessary to reach 

the moon and then Mars, and space and earth sciences have their 

decadal surveys that drive NASA’s mission planning well into the 

future, where is the grand vision for NASA aeronautics? There is 


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a desperate need for a major challenge with concrete deliverables 

and time lines rather than the ad hoc annual fundamental research 

that drifts here and there as the wind blows. If there is a mission 

the budget resources might logically follow. And we challenge you 

and the administration to challenge the NASA workforces at Langley, Glenn, Ames, and Dryden to accomplish a grand vision on behalf of the American people and the future of our aviation industry. 

We believe that one grand vision could be the development of a 

radical new, next generation, subsonic air cab that is green by its 

total new design which will use 75 percent less fuel and emit a 

fraction of harmful greenhouse gases. And we have developed a 

white paper for this concept. 

In order to realize such a grand, green aircraft vision, the administration and Congress must abandon the shortsightedness and 

nonsensical decision in recent years to restrict NASA’s aeronautics 

research program to work on only basic or fundamental research. 

The program has been restricted to undertake studies on materials 

and design, modeling and using computers and wind tunnel testing, not actually aggressively pushing design limits for flight testing advance. Langley’s major test aircraft, a Boeing 757, was 

mothballed due to budget constraints over two years ago. How can 

you flight test technologies with no airplanes? 

The emphasis of the entire program must shift back to actually 

doing things relevant to the U.S. aircraft manufacturing base and 

provide the critical initial stages of R and D to prove new technologies so they are ready for hand off to industry. NASA should 

be directed to redirect a large proportion of its aeronautics resource 

and development for budget activities and achieve a higher level of 

technology readiness. 

In conclusion, I would like to point out that we at NAST have 

written a white paper that can be found on our website, 

NASTUS.org titled The Future of NASA. This paper calls for a 

drastic shift at NASA to return back to innovative research that focuses on programs that are vital and important to the current 

needs of our country, and includes details on proposed innovation, 

research projects, such as the Green Aviation Initiative. Thank you 

for your time, and the testimony I am returning to the Subcommittee, I should say. And of course I would answer any questions. 

[Written statement by Mr. Bruce Hoogstraten, Executive Director of the NASA Aeronautics Support Team follows:] 


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Mr. SERRANO. Thank you. Just one quick one. NASA Support 

Team. 

Mr. HOOGSTRATEN. Yes, sir. 

Mr. SERRANO. Is that NASA employees? Or is that a separate—— 

Mr. HOOGSTRATEN. No. We are made up of mainly retired NASA 

employees, but it is a nonprofit group, community supported nonprofit group, back in the Hampton Roads area. 

Mr. SERRANO. Thank you so much. 

Mr. HOOGSTRATEN. Thank you. 

Mr. SERRANO. Philip Bogden, Southeastern Universities Research 

Association. 

THURSDAY, APRIL 2, 2009. 

SOUTHEASTERN UNIVERSITIES RESEARCH 

ASSOCIATION 

WITNESS 

PHILIP BOGDEN, SOUTHEASTERN UNIVERSITIES RESEARCH ASSOCIATION 

Mr. SERRANO. And in general I apologize for anyone that I do not 

pronounce their name properly. 

Mr. BOGDEN. No, that was just fine. Thank you. Thank you for 

the opportunity to testify. My name is Philip Bogden and I am here 

representing the Southeastern Universities Research Association, 

also known as SURA. SURA is a consortium of over sixty universities from across the U.S. SURA operates the Thomas Jefferson 

Nuclear Accelerator facility for the Department of Energy. For the 

past five years I have been directing the SCOOP program at 

SURA, which is SURA’s coastal research initiative. During that 

same period I have also served as CEO of the Gulf of Maine Ocean 

Observing System, GOMOOS. 

GOMOOS is a nonprofit organization that delivers information to 

solve problems, predict events, and better understand the Gulf of 

Maine. GOMOOS was the first stakeholder organization of its kind 

created ten years ago as a pilot regional association for the Integrated Coastal and Ocean Observing System, ICOOS. The partnership between SURA and GOMOOS has been strategic for reasons 

that I will explain. 

I first want to applaud passage of H.R. 146, which authorizes the 

national ICOOS. After more than a decade, ICOOS is finally law. 

This integrated coastal and ocean observing system will serve future generations by helping to assure a safe and healthy planet. 

As the Committee knows, NOAA currently has an integrated 

ocean observing system, the NOAA/IOOS. This activity is underway. The NOAA/IOOS Data Integration Framework shares many 

features in common with the SCOOP program. This program is 

now two years old at NOAA. 

Our story begins almost a decade ago. While various regions 

along the U.S. coast were deploying ocean observing capabilities 

similar to GMOOS, the SCOOP program at SURA focused on information technology needed to connect and integrate the disparate 

and varied regional data providers. To help turn those data into enVerDate Nov 24 2008 02:33 Apr 29, 2009 Jkt 048765 PO 00000 Frm 00187 Fmt 6633 Sfmt 6602 E:\HR\OC\A765P2.XXX A765P2

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vironmental predictions and to enable the broad array of research 

and end user applications. The focus at SURA has been to demonstrate that information technology can provide a foundation for 

simplifying the complexity and assuring maximum benefit from a 

system that is comprised of a wide variety of contributors. 

Clearly, the most cost effective way to predict anything and everything, from weather to climate change, is not to create a centralized database or a single agency program. In fact, it is easy to 

argue that no centralized system of any kind will work. Rather, the 

solution must be a distributed system or a network. In this modern 

version of an observing system, the entire community participates. 

This type of ICOOS will be achieved using the same web technologies that have globalized the economy and changed social interactions. 

How will Congress fund the network solution when so many 

agencies must take part? Herein lies the special challenge, if not 

a paradox. The most cost effective solution, the multidisciplinary, 

multiagency, multisector, network solution, may be the most difficult to fund from a budgetary perspective. Can a single line item 

in a single agency budget serve this purpose? 

A National Academies report earlier this year calls for a nationally integrated education research extension model to develop a 

powerful alternative to the current pattern of investment in expensive, short term, and disconnected projects. At SURA we have 

found huge benefit from working with open standards and within 

the organizational framework of consensus standard organizations 

such as the Open Geospatial Consortium, the OGC. This organizational construct may offer a solution to the budgetary problem. All 

the agencies that must contribute to the ICOOS are already members of the OGC, as are many of the research institutions, nonprofits, and private companies that stand to contribute to and benefit from an ICOOS. We suggest that nongovernmental organizations like the OGC may be part of that solution. 

Twenty years later, the concept of ICOOS is no longer new but 

it is still timely. And we are well positioned now because the last 

ten years has taught us not to underestimate the power of the network. The web has clearly demonstrated that standards enable innovation. But the biggest challenges are not technical or we would 

be there by now. The metaphor of an eight-person racing shell 

seems apt. The fastest boat rose in synch and there is unspoken 

magic when everyone works together. But when one person tries to 

go it on their own, even when they are twice as strong as everyone 

else on the boat, their effect on the boat is like throwing out an 

anchor. 

The ICOOS will arrive when we all agree to work together to 

make it happen. Thank you. 

[Written statement by Mr. Philip Bogden, Director of the Southeastern Universities Research Association follows:] 


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Mr. SERRANO. Well, we thank you for your work and we thank 

you for your testimony. Thank you. Dr. Craig M. Schiffries, did I 

do bad there also? 

Mr. SCHIFFRIES. You did very well. Better than me. 

Mr. SERRANO. That is hard to believe. Geological Society of 

America. 

THURSDAY, APRIL 2, 2009. 

GEOLOGICAL SOCIETY OF AMERICA 

WITNESS 

CRAIG SCHIFFRIES, GEOLOGICAL SOCIETY OF AMERICA 

Mr. SCHIFFRIES. Thank you very much Mr. Chairman and members of the Committee. My name is Craig Schiffries and I am here 

to represent the Geological Society of America. The Geological Society of America urges Congress to appropriate at least $7 billion for 

the National Science Foundation in fiscal year 2010. This would be 

an increase of approximately $500 million, or 8 percent, compared 

to the level enacted in the omnibus appropriations act for fiscal 

year 2009. This funding level would uphold the President’s budget 

request. However, it is substantially below the authorized funding 

level of $8.1 billion under the America Competes Act. And we urge 

you to come as close to the authorized funding level as possible. 

Science and technology are the engines of economic prosperity, 

environmental quality, and national security. The earth sciences 

are critical components of the overall science and technology enterprise. Growing investments in earth science research are needed to 

stimulate innovations that fuel the economy, provide security, and 

enhance the quality of life. As we speak, the United States is experiencing the volcanic activity in Alaska and major flooding in North 

Dakota. The National Science Foundation supports basic research 

that provides a scientific foundation for understanding these and 

other natural hazards. An improved scientific understanding will 

reduce future losses through better forecasts of their occurrence 

and magnitude. 

The earth sciences, in fact, play a central role in addressing 

many of the nation’s greatest challenges. So in addition to natural 

hazards, energy, climate change, and water resources are fundamentally about the geosciences. Energy and mineral resources 

are critical to the functioning of society and to national security. 

These resources are often costly and difficult to find, and new generations of geoscientists need the tools and expertise to discover 

them. In addition to managing their development, use, and disposal, we need a scientific approach that will maximize the derived 

benefits and minimize the negative effects. Improved scientific understanding of these resources will allow for their better management and utilization while at the same time considering economic 

and environmental issues. 

The availability of fresh water is vital to the well being of both 

society and ecosystems, and a greater scientific understanding of 

these critical resources, and communication of new insights by 


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geoscientists to decision makers, is necessary to ensure adequate 

water resources for the future. 

Forecasting the outcomes of human interactions with earth’s natural systems, including climate change, is limited by an incomplete 

understanding of geologic and environmental processes. Improved 

understanding of these processes in earth history can increase confidence in our ability to predict future states and enhance the prospects for mitigating or reversing adverse impacts to the planet and 

its inhabitants. 

Research in earth science is also fundamental to training and 

educating the next generation of earth science professionals. Increase NSF investments in earth science education at all levels is 

needed because knowledge of the earth sciences is essential to scientific literacy and to meeting the environmental and resource 

challenges of the 21st century. 

There are a wide range of extraordinary scientific opportunities 

in the solid earth sciences that have been summarized by the National Academies and other organizations. And while NSF’s Earth 

Sciences Division regularly receives a large number of exciting proposals that are highly rated both for scientific merit and their 

broader impacts, only a small percentage of these proposals have 

been funded in recent years due to budget constraints. Modest additional investments in this research can have significant impacts. 

For example, earth science studies may improve our ability to forecast earthquakes and volcanic eruptions. Underinvestment in earth 

sciences may result in not only lost opportunities but lost lives. 

The fiscal year 2010 budget request comes at a critical juncture 

in the history of the National Science Foundation. The America 

Competes Act set the stage to double the NSF budget in seven 

years. Despite overwhelming bipartisan support for the American 

Competes Act, funding for NSF fell short of a doubling path in the 

regular appropriations cycles for fiscal years 2007, 2008, and 2009. 

NSF received $3 billion in economic stimulus funds under the 

American Recovery and Reinvestment Act. This one-time injection 

of funding is very helpful but NSF needs sustained annual increases in order to achieve the objectives of this legislation. 

The Geological Society of American is grateful to the House Appropriations Subcommittee on Commerce, Science, Justice and Related Agencies for its past leadership in increasing the budget for 

the National Science Foundation and other science agencies. We 

are grateful to the Subcommittee for its leadership in providing $3 

billion in stimulus funds for the NSF. Thank you for your thoughtful consideration of our request and we would be happy to answer 

any questions. 

[Written statement by Geological Society of America Dr. Craig M. 

Schiffries, Director for Geoscience Policy follows:] 


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Mr. SERRANO. We just thank you for your work, and for your testimony. Thank you. 

Mr. SCHIFFRIES. Thank you. 

Mr. SERRANO. Our next witness is John C. Gregory, Alabama 

Space Grant Consortium. 

THURSDAY, APRIL 2, 2009. 

ALABAMA SPACE GRANT CONSORTIUM 

WITNESS 

JOHN C. GREGORY, ALABAMA SPACE GRANT CONSORTIUM 

Mr. GREGORY. Thank you for the opportunity to address the 

Committee and provide testimony. My name is John Gregory. I am 

the Director of the Alabama Space Grant Consortium, and also a 

teaching faculty member in the Department of Chemistry in my 

home university, and a practicing researcher in space science. 

My purpose here today is to speak on behalf of the fifty-two 

space grants who are organized together under a corporation called 

the National Space Grant Alliance. And to request you to appropriate $44.8 million for Space Grant, which is managed by NASA, 

created by the Congress and managed by NASA, for the next year. 

We ask specifically that the language that is written in your written testimony, that the forty-two states or jurisdictions should be 

funded at $900,000 each and ten states or jurisdictions at $700,000 

each. 

This funding will enable us to provide our space grant programs 

to more students and teachers in all of the fifty states, and of 

course the District of Columbia, and the Commonwealth of Puerto 

Rico. 

You have had over the past months some very distinguished 

speakers here talking about the perilous state of science education, 

so I shall not attempt to compare my prose to theirs. I also noted 

that the Chairman asked the question as to where is the stream 

of U.S. students in science and engineering who are going to keep 

us at the forefront of, in so many ways that has been described by 

other speakers, in the next decades. 

Space Grant, of course, is not large enough to solve all those 

problems, but it is a proven program that addresses those problems 

directly and is proven to be effective. And I think many of you, or 

many of the Committee, know very well in their own states quite 

a lot about the Space Grant Program. 

I have attached on page three some statistics of the national program, which I am obviously not going to go over here, but thousands of students that we deal with. But I would like to say a few 

things about my own program which is only one of fifty-two. But 

it is duplicated in its own way in all of your states and territories. 

Our main mission is to prepare a diverse body of Alabama students for careers in aerospace, science, and technology. That is an 

abbreviated version of our mission. What do we do? Well, we run 

programs of scholarships and fellowships. Alabama awards sixty 

scholars and fellows each year. I have seventy programs in the 

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ers? And that is our program where students design, build, and fly 

space hardware. These are hands on projects. We have twelve 

projects in our state involving something like 250 students. 

What do they do? They design a piece of hardware which will fly 

on a rocket. They may design a rocket, too. They design a satellite 

analog which flies on a helium balloon to 100,000 feet. The important thing is here, this is different from my research work where 

I have a grant to do certain things for NASA and my students, you 

know, do what they are told to help that happen. Here the students 

must design their own project. They must set their goals. They are 

given maybe $1,000. They have to do a trade off analysis. They 

have to make this thing work. And they build it, and they fly it. 

And we have seen, it is quite remarkable how students, this is 

the first time they learned to define the problem themselves, not 

just answering the professor’s problems. And they find their own 

solution, and they find out that there is often more than one solution and it is not in the back of the book. So this kind of discovery 

is a remarkable thing. And I think one that distinguishes Space 

Grant. And we would like to convey this to more students in our 

states. Thank you. 

[Written testimony by John Gregory, Alabama Space Grant Director follows:] 


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Mr. SERRANO. Thank you. Thank you very much. Our next witness, Henry M. Cagey. 

Is it the Lummi? 

Mr. CAGEY. Lummi. 

Mr. SERRANO. Lummi Indian Nation, welcome. 

THURSDAY, APRIL 2, 2009. 

LUMMI INDIAN NATION 

WITNESS 

HENRY M. CAGEY, LUMMI INDIAN NATION 

Mr. CAGEY. Okay, well good morning. My name is Henry Cagey, 

Chairman of the Lummi Nation. And the Lummi Nation is 100 

miles north of Seattle in Washington State. A little bit about the 

tribe is the Lummi Nation is a fishing community. So why we are 

here in Commerce is that we are here to ask some help and some 

relief to what is happening with our salmon populations up in the 

Frasier River. And the Lummi Nation, again, is a fishing tribe that 

depends heavily on the sockeye run that runs through the Puget 

Sound, and we are one of the eight tribes that harvest the sockeye 

salmon in the Northwest. 

What we are here today is to look at the congressional research 

study that is in our testimony that reflects a study that declared 

the sockeye a natural disaster. And so right now we have been patiently waiting for the last seven years on this declaration that the 

research center has made. As you look in the study, the money has 

not be appropriated to provide some relief to the sockeye disaster. 

And what the Lummi people are asking for, Mr. Chairman, is that 

we need some relief to our fishermen. We need some relief to take 

a look at some sustainability plans that we have in investing our 

hatcheries. And what we want to do is basically get off the declaration of disaster cycle and take a look at what we need to do to sustain our economy. 

And again, the Lummi people are fishing people. And we are not 

about, you know, welders, or farmers. We are fishermen. And what 

we need your help in, Mr. Chairman, is to recognize the study that 

was done by the congressional research study, the declaration that 

was made by former Secretary Carlos Gutierrez, was made in November of 2008. What we need the Committee to do is recognize 

the need to fund the declaration now. 

So the Lummi people are asking in our testimony for $24 million 

to take a look at what we need to do to turn our economy around. 

Within our testimony is that we have money to invest in our hatcheries. We are looking at investing in the NICMRE alignment, with 

the partnership through NICMRE with our Northwest Indian College. And then looking at some relief for our fishermen. 

And what our fishermen are going through and our families are 

going through for the last ten years, we have basically ruined our 

way of life. We have lost our boats. We have lost our homes. We 

have lost our automobiles. And the Lummi fishermen, at one time 

we had 800 fishermen. And we are down to 500 now. And we are 

just one of eight. So we have all the fishermen in the Northwest, 


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you are probably talking about 2,000 families that are affected by 

this declaration. 

So Mr. Chairman, we do have a packet for you but I guess due 

to the space that we are limited. Our Director of Natural Resources 

is not here, but we do have a packet for you that describes the 

Lummi Nation. We describe the investment that we want to make. 

Currently, we are producing 1 million a year. We would like to increase that production up to maybe 6 million Coho, as well as 

Chum and Chinook. 

The other part of our request is the shellfish hatchery. And one 

of the ways we plan to get out of the disaster declaration mode is 

to invest in a shellfish hatchery which will allow us to diversify our 

fishermen to becoming more diversified and to raising shellfish, 

such as Manila Clams, geoduck, and other things that the shellfish 

hatchery will do. 

So with that, Mr. Chairman, I want to thank you for your time. 

Our testimony is there. I hope you are able to take a look at it. 

And we are here to answer any questions that you may have. 

[Written testimony by Honorable Henry M. Cagey, Lummi Nation Chairman follows:] 


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Mr. SERRANO. We will take a look at it. We thank you for your testimony. And you had a number of $48 million, you said? 

Mr. CAGEY. $24 million. 

Mr. SERRANO. $24 million. I just cut it in half. 

Mr. CAGEY. That is just the Lummi request. And again, Mr. 

Chairman, there are seven other sockeye tribes that are also dependent. We are only representing our interests. The other tribes, 

and the nontreaty fishermen, are also affected by this recovery of 

the sockeye. So we only look at what the Lummi need. 

Mr. SERRANO. Thank you so much. 

Mr. CAGEY. Thank you. 

Mr. SERRANO. Madeleine Jacobs, American Chemical Society. 

THURSDAY, APRIL 2, 2009. 

AMERICAN CHEMICAL SOCIETY 

WITNESS 

MADELEINE JACOBS, AMERICAN CHEMICAL SOCIETY 

Ms. JACOBS. Thank you very much. It is a pleasure to be here 

today. I am Madeleine Jacobs, Chief Executive Officer of the American Chemical Society. ACS was founded in 1876 and we have 

grown to be the world’s largest scientific and professional society 

with more than 154,000 members, including 8,000 in the State of 

New York, mostly concentrated in New York City, and 400 members in Puerto Rico. ACS also has the distinction of operating 

under a national charter of incorporation passed by Congress in 

1937 and signed by President Franklin Roosevelt. 

From the outset I would like to thank the Subcommittee for the 

wonderful support it has given to the National Science Foundation 

and request that this support be increased for fiscal year 2010 and 

beyond. Also testifying before this Committee today are my colleagues from the American Mathematical Society, the American 

Physical Society, and the Federation of American Societies for Experimental Biology. Together these four organizations represent 

more than 300,000 scientists, engineers, and mathematicians in a 

wide variety of fields. We are united in our request for a fiscal year 

2010 budget for the National Science Foundation of $7 billion. 

I have two main messages today. There is a critical need for sustained support of NSF foundational research, and for support of 

NSF funding for what is known as STEM education, that is education in science, technology, engineering, and mathematics, that 

underpins our economy. First on research. Within the science and 

technology enterprise, chemistry is both a central and an enabling 

science. Chemistry plays a role in conquering disease, solving energy problems, providing the discoveries that lead to new industries, and developing new materials and technologies for national 

defense and homeland security. The chemistry enterprise also 

drives and sustains the American economy. Federal investments in 

chemistry and chemical engineering have had a significant impact 

on the U.S. economy. A study from the Council for Chemical Research shows that each $1 billion in federal investment coupled 

with $2 billion from industry has helped to create over 600,000 


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jobs, increased gross domestic product by $40 billion, and contributed $8 billion in taxes over a twenty-year period. 

Robust and sustained federal investments in NSF’s basic scientific research will help bolster our country’s capacity for innovation and global economic competitiveness. NSF investments in research have returned exceptional dividends to the American people 

as globalization has accelerated the worldwide competition for 

ideas, science and engineering talent, and leadership in turning 

new technologies into real world applications. 

NSF funding has been instrumental in the work of forty-seven 

Nobel Laureates in chemistry, thus underscoring the critical need 

to fund our nation’s future innovators to help chart new discoveries 

to improve our economy and people’s lives. 

One final thought on NSF research funding. Continuity of funding is just as important as level of funding. Large increases in 

funding followed by stagnating or declining budgets can cause long 

term harm even when it supports short term priorities. Irregular 

funding undermines long term research investments and creates 

real disincentives to young people who are considering careers in 

science and technology. 

Now to STEM education. In addition to research funding the 

American Chemical Society also supports NSF’s important educational mission. America must improve the way our students 

learn science, math, technology and engineering if we want our nation to remain competitive in the global economy and continue to 

be a world leader in scientific and technical breakthroughs. We 

urge you to provide increased support for NSF’s innovative Math 

and Science Partnership program which has improved student proficiency in math and science in many schools. We also urge you to 

increase the federal investment in the Noyce Scholarship Program, 

which is aimed at preparing high quality teachers and was expanded in the America Competes Act to encourage college STEM 

majors to pursue teaching careers in high needs schools. We need 

high quality, well prepared teachers if we hope to improve student 

performance. 

Finally, I urge the Subcommittee to fund the Partnerships for 

Access to Laboratories science pilot program, often known as PALs. 

That will provide research to help our children experience high 

quality, hands on science learning in a safe lab setting. We will 

never spark the imagination of the next generation of Einsteins if 

our students never have the experience of the excitement of working in a lab 

Thank you for the opportunity to offer the American Chemical 

Society’s strong support for the NSF budget. Thank you. 

[Written testimony by Madeleine Jacobs, Ph.D., Chief Executive 

Officer, American Chemical Society follows:] 


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Mr. SERRANO. We thank you for your testimony. You encouraged 

the Committee by telling us that there will be another generation 

of Einsteins. Thank you. 

Kevin Coyle, National Wildlife Federation. 

Mr. COYLE. Good morning, Mr. Chairman. 

Mr. SERRANO. Good afternoon. 

THURSDAY, APRIL 2, 2009. 

NATIONAL WILDLIFE FEDERATION 

WITNESS 

KEVIN COYLE, VICE PRESIDENT FOR EDUCATION AND TRAINING, NATIONAL WILDLIFE FEDERATION 

Mr. COYLE. It is morning for me. My name is Kevin Coyle. And 

I am the Vice President for Education and Training at the National 

Wildlife Federation. The Federation is an organization of four million members across the country, and we have 48 affiliates, including Puerto Rico. And we are an organization whose education programs reach about five million students per year. 

I am really here to talk about the education budgets of all three 

agencies, NOAA, the National Science Foundation, and NASA. And 

in particular to talk about the need for not only increased environmental education, but also increased climate education. 

There are two main reasons for this. The first reason being that 

as these agencies operate in, as we have heard certainly here 

today, there is a tremendous amount of expertise in research, program applications, scientific application, and so forth. 

When we look at that at the National Wildlife Federation and 

when a number of the folks who work in education look at those 

questions, we basically conclude that there is a need for taking the 

tremendous expertise and knowledge of these agencies and really 

translating it into good education programs for students. 

There are a couple of good reasons for that. One of those reasons 

obviously being creating a pipeline. There is no doubt that a lot of 

students, even by the age of 12 years old, have pretty much opted 

out of science. And so we are interested in trying to create more 

vital, interesting parts of science for young learners. 

The second area is with the 2010 budget. We are really looking 

at two generations of people before mid-century that will come out 

of our school systems. And we are really asking them in so many 

ways to address the issues, the science, and the solutions of global 

warming and climate change. Along those lines we feel that taking—increasing the education budgets of these various agencies in 

these areas of environmental education and climate could be very 

helpful. 

So we have really a couple of recommendations here, five recommendations altogether. The first is that we would increase the— 

or recommend to you increasing the NOAA education and grants 

budget to $12 million. The second would be to expand the Water 

Resource Education Program at NOAA, which is called the B–WET 

Program, to $15 million and to include the Great Lakes in that 

equation. The third, also with NOAA, is to actually establish a new 

climate education program with $12 million. 


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And then the two other recommendations to the Committee are 

to increase the National Science Foundation K–12 Climate Education Program, which is now at $10 million, to $20 million. And 

to increase the NASA program, which is now at $10 million to $20 

million. 

So those are a set of very specific recommendations that we feel 

would be very helpful in bringing not only the expertise of these 

agencies into mainstream American education, but also preparing 

a generation that may or may not become scientists in the long run 

but are just people who need to learn to live in a world that is 

going to be very different. 

And we feel that this investment will also leverage a lot of the 

public education funds that schools have been fairly reluctant to 

get into the climate area. And I think that the lead of these agencies with this expertise could be very helpful in reforming American education as well. 

So thank you very much for the opportunity to come and talk to 

you today. 

[Written testimony by Kevin Coyle, Vice President for Education 

and Training, National Wildlife Federation follows:] 


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Mr. SERRANO. Thank you. And thank you for your testimony and 

for your work. Thank you. 

Staff will note that this group of folks here have quickly picked 

up on the fact that of mentioning New York and Puerto Rico. It is 

a good thing. It is a good thing with me. For the record, I was born 

in Puerto Rico and raised in New York, which is redundant in a 

way. 

And as we speak now, there is a ceremony in Puerto Rico celebrating the issuing of a quarter, which includes the first territory 

ever on the back. If you recall, there was a quarters program that 

included the 50 states. And I expanded it under a law last year to 

include the territories and D.C. D.C. went first. Puerto Rico goes 

second today. 

And I think Lou Dobbs is going to have a heart attack, because 

it is a territory, and they are Spanish on the back of it. He says 

he is not going to come to the island of enchantment. That will 

upset somebody in this society. And that is what I do. Well. So 

thank you. 

James Glimm, Ph.D., American Mathematical Society. 

THURSDAY, APRIL 2, 2009. 

AMERICAN MATHEMATICAL SOCIETY 

WITNESS 

JAMES GLIMM, PH.D., PAST PRESIDENT, AMERICAN MATHEMATICAL 

SOCIETY 

Mr. GLIMM. Thank you, Mr. Chairman. I am James Glimm, past 

president of the American Mathematical Society. Also testifying 

today are representatives of the American Chemical Society, American Physical Society, and the Federation of American Societies for 

Experimental Biology. Together these organizations represent more 

than 300,000 scientists, engineers, and mathematicians in a diversity of fields. We are united in our request for the fiscal year 2010 

budget for the National Science Foundation of $7 billion. 

This investment will allow the NSF to continue innovative and 

transformational scientific research to fuel the American economy, 

uphold national security, and maintain global competitiveness. 

I would like to begin by thanking you for recent investments in 

NSF. These investments will increase the ability of NSF to support 

highly rated proposals that have heretofore gone unfunded because 

of inadequate budgets. And they will allow the NSF to concentrate 

on funding young investigators who will be key to building research 

infrastructure facing critical problems such as climate, energy conservation, environment, and so on. 

The fiscal 2009 Omnibus Bill provided strong increases for NSF. We were grateful for the $3 billion investment in NSF through the 

American Recovery and Reinvestment Act, in combination this 

gives a NSF fiscal 2009 budget of approximately $9.5 billion. 

This level is consistent with previous authorization bills, but is 

a short increase relative to actual appropriations, which from the 

years 2004 to 2008 were in fact in decrease in constant budgets. 

But given that the funding for the ARRA is temporary, we have 

an issue with the future NSF budgets, which we urge to continue 


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to grow at rates that sustain research and innovation enterprise 

and allow the United States to maintain its scientific leadership 

and technological competitiveness. 

And I would say that there is a—it seems to me there is a kind 

of Moore’s law, which you may have heard of in connection with 

computing. It is a kind of Moore’s law for the role of science in 

American life. And if we do not increase the level of science funding, we are simply underinvesting in the proper role, the true role, 

of science in our own lives. 

So if the NSF budgets do not grow adequately in the future, all 

of this—was gained from this new funding will be lost. And we will 

have a debilitating effect on our science enterprise, causing future 

generations of scientists to look at other career paths. 

So I want to emphasize as a main message today the necessity 

of adequate yearly investments in NSF. NSF is very important to 

the mathematical sciences. It accounts for 60 percent of the federally-funded mathematical research in colleges and universities and 

the only agency that funds mathematics research broadly across all 

of the subfields. 

Many NSF-supported mathematical science projects have benefitted society. I mentioned, for example, a study at the University 

of Houston to design prosthetic devices called stents, which are inserted in the artery in the case of an aneurysm. And they strengthen the arteries and the veins and prevent coronary artery disease. 

The idea there was the combination and collaboration between 

the mathematicians doing the fluid dynamics research and the 

medical biologists and doctors who were dealing with the patients 

and providing the expertise on the medical side. 

Another project involving mathematical modeling and new experimental data took place at the University of Maryland designing individual doses for the drug therapy for Chronic Myelogenous Leukemia. 

And a third item I would cite is a University of Utah mathematician’s work on polar sea ice, which will improve forecasts of global 

warming and how it effects the ice packs and the polar ecosystems. 

These are just a few of the contributions of the mathematical 

sciences. With sustained NSF funding, there will be many more. 

So I want to thank you for the opportunity to offer my support 

for the NSF. And I would be delighted to answer any questions you 

might have. 

[Written testimony by James Glimm, Ph.D., Past President, 

American Mathematical Society follows:] 


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Mr. SERRANO. Well, we want to thank you for your testimony. 

And at the risk of making an editorial comment, which I am not 

supposed to do in this temporary position that I hold here, the 

minute the quarter is issued in Puerto Rico I am out of here, I am 

told. 

But the good news is that I think the folks that are in charge 

of this government in our country now understand the value of research and the value of looking forward. And a real, real personal 

editorial comment. I think it is good to have a President who has 

got little children in the White House, because there is a look towards the future. 

The bad news is that it couldn’t have come at a harder time, as 

most of us in this room know. But I think you are going to see a 

balance and attempt to attack the big problem while maintaining 

the need for research and for moving forward. 

Mr. GLIMM. Thank you very much for your comments. 

Mr. SERRANO. And we thank you for the work you do. Thank you. 

Mr. Richard B. Marchase. Oh, I am sorry, I apologize. And I 

don’t have to worry about that until later. Judy Franz, Ph.D., 

American Physical Society. And I apologize for that. 

Ms. FRANZ. Thank you. And thank you for your editorial comments, which we all appreciate. 

Mr. SERRANO. Thank you. 

THURSDAY, APRIL 2, 2009. 

AMERICAN PHYSICAL SOCIETY 

WITNESS 

JUDY FRANZ, PH.D., AMERICAN PHYSICAL SOCIETY 

Ms. FRANZ. Mr. Chairman, thank you for the opportunity to testify today. I too wish to add my appreciation on behalf of the American Physical Society and its members for the much needed science 

funding included in the American Recovery and Reinvestment Act 

of 2009 and the fiscal year 2009 Appropriations Act. 

Despite these significant increases, I would like to identify two 

related issues that should be taken into account. The out-year 

shortage created by the use of $2 billion in the ARRA for new 

grants and the impact of state budget strictures and steeply declining university endowments on new faculty hires. 

According to information provided by the Administration, ARRA 

funding must be obligated this year with outlays not extending beyond fiscal year 2011. However, NSF director, Dr. Ardent Bement, 

has said that all grants issued with the ARRA funding will be 

standard grants with durations of up to five years. In this case, 

even if the NSF budget continues to grow at the rate recommended 

by President Obama, covering those stimulus-funded grants will 

cause a budget shortfall in 2012. The exact size of the shortfall will 

depend on the funding schedule for new grants. But we expect it 

to be several hundred million dollars. 

It is important that we avoid the ‘‘boom and bust’’ cycle for 

science funding that has been seen in the past, one in which 

science funds rise abruptly and then fall short of the needs several 


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years later. This kind of funding pattern has been well documented 

as evidenced by the physical sciences in the 1970s and the biomedical sciences most recently. Such disruptions in the academic 

community tend to fall disproportionately on the most vulnerable, 

students and young faculty members. 

To alleviate the out-year shortages, I recommend that the Com- mittee consider appropriating an aggregate of $150 to $200 million 

in fiscal year 2010 and fiscal year 2011 for one shots in the form 

of one-year startup funds for new, young, non-tenured faculty members. Young faculty members may be facing a perfect storm as 

three separate threats caused by the bad economy merge. 

First, senior faculty members will retire more slowly and thus 

fewer new positions will become available. Second, some universities are instituting hiring freezes, also decreasing new positions. 

Third, for young experimental scientists to be successful and do 

great science, they must purchase new equipment for their labs. 

Universities usually provide startup funds for this, amounting to 

about $500,000 per hire. But many universities can’t make such 

commitments today due to declining endowments and in the case 

of public universities, sharp reduction in state support. Thus they 

are even less able to hire young faculty members. 

As a result of these factors, many worthy, young investigators 

coming through the academic pipeline may be unable to gain employment in their fields. If this is the case, they will either leave 

science entirely or look for employment in other countries. Five 

years from now the academic science pipeline could be remarkably 

damaged. Providing universities with startup funding for young researchers could help alleviate this, while also helping decrease the 

fiscal year 2012 shortfall. 

Without sustained funding for NSF to support researchers at 

universities across the nation, the academic pipeline for young investigators and the future of the scientific enterprise will suffer. 

Thank you very much. 

[Written testimony by Judy Franz, Ph.D., Executive Officer, 

American Physical Society follows:] 


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Mr. SERRANO. Thank you. Thank you so much for your testimony. 

Ms. FRANZ. I have slightly revised my testimony. Would it be 

possible to submit this? 

Mr. SERRANO. Sure, absolutely. 

Ms. FRANZ. Is that okay? 

Mr. SERRANO. Absolutely. 

Ms. FRANZ. Thank you. 

Mr. SERRANO. Richard B. Marchase, Ph.D., Federation of American Societies for Experimental Biology. 

THURSDAY, APRIL 2, 2009. 

FEDERATION OF AMERICAN SOCIETIES FOR 

EXPERIMENTAL BIOLOGY 

WITNESS 

RICHARD B. MARCHASE, PH.D., PRESIDENT, FEDERATION OF AMERICAN SOCIETIES FOR EXPERIMENTAL BIOLOGY 

Mr. MARCHASE. Well, again, I thank you for the opportunity to 

testify before you today and for your ongoing commitment to 

science. 

I am the President of the Federation of American Societies for 

Experimental Biology. And as you have heard, we are here today 

in tandem with the physicists, the chemists, and the mathematicians to make a unified plea for a budget of $7 billion for the National Science Foundation. Together we represent over 300,000 scientists, engineers, and mathematicians. And I think it is an important event that we are all here together speaking as a unified 

voice. 

NSF is the only federal research agency dedicated to supporting 

all fields of fundamental science. And it is the principal source of 

federal research support in fields such as mathematics, computer 

science, plant science, and social science. 

I am also personally grateful to this Subcommittee responsible 

for NSF funding. Over the years I have received support to attend 

a high school Adventures in Physics Program, a graduate fellowship, a Presidential Young Investigator Award, research grants, 

and training grants all supported by the NSF. 

NSF plays an especially important role at the interface of different disciplines, signified sort of by our being here together today. 

One example is the interface between physical sciences and biological sciences that is currently the subject of a new study by the National Academy. This study highlights the importance of biological 

research through issues such as energy, climate change, and environmental science. 

NSF also plays a significant role in improving health by advancing medical research, often at the earliest stages and often in the 

work that first might seems unrelated to medicine. Forty one Nobel 

Prizes have been awarded to NSF- funded scientists for contributions in physiology or medicine, including the groundbreaking work 

at the interface of physics, math, and medicine that lead to the development of magnetic resonance imaging or MRI. 


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A more recent example involves the area of organ transplant 

technology. NSF-funded research discovered that certain frogs 

produce an anti-freeze that prevents their cells from being damaged by the stresses that occur at low temperature. As a result, 

these frogs can survive for months in freezing weather even though 

their major organ systems have come almost completely to a halt. 

Research in this area may lead to technologies that will enable 

human organs to be preserved longer, resulting in improved transplantation success rates. 

Of course, NSF’s mission is not limited to advancing scientific research alone. The agency is also committed to achieving excellence 

in science, technology, engineering, and math education at all levels. 

NSF supports a wide variety of initiatives aimed at preparing 

science teachers, developing innovative curricula, and engaging 

students in the process of scientific discovery. Each year, NSF 

funds more than 200,000 scientists, teachers, and students engaged 

in cutting-edge projects at thousands of institutions across the 

country. 

Harking back to my first experience with NSF, I too was raised 

in New York but in a very small town, 500 people in upstate New 

York. As a high school junior I was chosen for a six week exposure 

to world-class physicists at Cornell University. It was a life changing opportunity for me, and is one of the really important reasons 

why I have been in science for the last however many years it has 

been. 

But since its creation in 1950, NSF support for research projects 

across the country has fueled innovation, energized the economy, 

and improved health and quality of life for all. In the years ahead, 

funding for NSF will allow the agency to enhance support that scientists need to advance discovery, promote transformational, interdisciplinary research projects, and foster innovative approaches to 

science education and training at all levels. 

So I thank you for the opportunity to, with my colleagues, offer 

our support for NSF. 

Mr. SERRANO. Well it is good to have you all here as a group. It 

is also good to know that frogs continue to amaze me. It is an antifreeze. Now they can also survive in very hot weather, right? 

Mr. MARCHASE. They can do it both. Understanding those 

stresses that allow—or the ways the adaptations that allow them 

to make those adaptations are—is going to be applicable to an improved health I am sure. 

[Written testimony by Richard B. Marchase, Ph.D., President, 

Federation of American Societies for Experimental Biology follows:] 


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Mr. SERRANO. That is wonderful. Thank you so much. 

Karl Glasener, American Society of Agronomy, Crop Science Society of America, Soil Science Society of America. 

Mr. GLASENER. Yeah. That is a mouthful. 

Mr. SERRANO. All of the above? 

Mr. GLASENER. Yes, sir. Good afternoon. 

Mr. SERRANO. Good afternoon. 

Mr. GLASENER. I am not from Puerto Rico or New York. But I 

will tell you my wife is from Guatemala. 

Mr. SERRANO. There you go. 

Mr. GLASENER. We have a coffee bar. And we sell our coffee here 

in the United States. And we went to Puerto Rico last spring for 

our 20th anniversary. And for the first time we had coffee of equal 

quality to what we expect from our own farms. 

Mr. SERRANO. That is wonderful. 

Mr. GLASENER. So I was really impressed. And I didn’t know that 

until I went to Puerto Rico. 

THURSDAY, APRIL 2, 2009. 

AMERICAN SOCIETY OF AGRONOMY 

CROP SCIENCE SOCIETY OF AMERICA 

SOIL SCIENCE SOCIETY OF AMERICA 

WITNESS 

KARL GLASENER, SCIENCE POLICY DIRECTOR, AMERICAN SOCIETY 

OF AGRONOMY, CROP SCIENCE SOCIETY OF AMERICA, SOIL 

SCIENCE SOCIETY OF AMERICA 

Mr. GLASENER. Thank you again for having us here today to testify. I am the Science Policy Director for the Agronomy, Crop, and 

Soil Science Societies. And we are basically the largest life science 

professional societies in the U.S. dedicated to agronomic crop and 

soil sciences. We produce food, feed, fiber, fuel, and antibiotics, and 

other important issues for America. 

Our membership has 25,000 academics, federal government and 

industry scientists, graduate and undergraduate students, and 

practicing professionals in all our sciences through our more than 

14,000 certified professionals who work daily on the land with 

farmers impact over 70 percent of the managed agronomy systems 

in the U.S. 

As a lot have done before me, I would just like to first express 

a heartfelt thank you for the tremendous support you have provided in the economic stimulus. That will allow a lot of highlyrated NSF grants that were not going to be funded to actually be 

funded. And it will make a lot of improvements in our innovation 

and technologies. 

Our Societies would recommend a $7 billion funding level for 

2010. We believe that, in concert with the $3 billion provided 

through the economic stimulus, it will allow NSF to continue to 

fund worthy projects that promote transformational and multi-disciplinary research, provide needed scientific infrastructure, and 


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contribute to preparing a globally-engaged science, technology, engineering, and mathematics society. 

In the couple of minutes I have left I would like to focus on three 

majors areas: agro-ecosystems, climate change, and renewable energy and basically NSF’s role in them. 

Regarding agro-ecosystem research, after 30 years, almost 30 

years, the National Science Foundation has had the visionary, 

long-term, ecological research network program in place. It is a coordinated network of 26 field sites representing diverse natural 

ecosystems that supports fundamental ecological research that requires long time periods and large spacial scales. 

Though the Agronomy, Crop, and Soil Science Societies applaud 

those efforts, but think it is time we moved on to the nation’s agricultural lands. Right now the LTER focus is almost exclusively on 

our pristine natural lands, which is great. But if you consider that 

over 900 million acres of the land area of the United States is an 

agro-ecosystems or managed ecosystems, which is 41 percent of the 

land area, we think it is time that we expanded the LTER concept 

into the agro-ecosystems. 

And if you think about it, we have 400 million acres of intensively managed crop lands. And they are going to have a large impact on our nation’s water, air, and soil resources. So we need to 

understand them thoroughly. So understanding the ecological phenomena associated with these agro- ecosystems, over these long 

temporal and spacial, especially watershed scale, huge areas, is 

critical for land managers to achieve sustainable yields while minimizing the environmental impacts. 

On to climate change. We applaud NSF support for the Climate 

Change Science Program, which in 2008 they tell us accounted for 

$205 million, with the GEO directorate contributing $157 million, 

and the BIO directorate $15 million. Research supported by BIO 

and GEO will help us achieve a more complete understanding of 

the capacity of the agricultural lands and natural lands to sequester carbon or myth carbon. A misunderstanding is critical if the nation’s managed lands are to serve as offsets for emissions under 

cap-and-trade legislation, which seems to be the topic du jour these 

days in Congress. 

The National Science Foundation also has a key role to play in 

renewable energy production. The Agronomy, Crop, and Soil 

Science Societies had two other witnesses before me recommend 

that the Plan Genome Research Program be expanded to support 

science to bridge this gap between the fundamental biological discoveries, which occur in the laboratory and the greenhouses, into 

the field where you get the reliable expression of nutrates. Basically these plants, these cultivars that are created, aren’t field tested often. And you can’t just throw them out in a farmer’s field in 

Minnesota and expect them to grow and thrive. 

So basically, Mr. Chairman, that is all I have to say. I want to 

thank you again for this opportunity. And look forward to interacting more with the Committee. 

[Written testimony by Karl Glasener, Director of Science Policy, 

American Society of Agronomy follows:] 


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Mr. SERRANO. Thank you so much for your testimony. Just a 

quick question. Your suggestions are for Congress to tell the agency 

to move into these areas, or you think that if they had the proper 

funding or more funding they would move into them anyway? 

Mr. GLASENER. I think it is a combination of both. Mr. Chairman, I believe that for some reason historically NSF has been a little bit resistant to doing agricultural research. And yet recently 

they just did a joint deal with the Gates Foundation on this bread 

proposal. So I believe it is time. 

When you think about it, you know, 41 percent of the land area 

is agriculturally managed. And that has a huge impact on the natural areas. 

Mr. SERRANO. Right. 

Mr. GLASENER. So you get to understand them. 

Mr. SERRANO. Thank you so much. 

Mr. GLASENER. Thank you. 

Mr. SERRANO. Thank you. 

Jacqueline Johnson Pata. It says here Director of National Congress of American Indians. 

THURSDAY, APRIL 2, 2009. 

NATIONAL CONGRESS OF AMERICAN INDIANS 

WITNESS 

JACQUELINE JOHNSON PATA, DIRECTOR, NATIONAL CONGRESS OF 

AMERICAN INDIANS 

Ms. JOHNSON PATA. Thank you very much. I would like to thank 

you also for inviting us here to present our testimony. 

The National Congress of American Indians is the largest and 

the oldest national organization representing American tribal governments, American-Indian tribal governments. And in my time 

today what I want to do is just a short overview on criminal justice 

in Indian reservations, and Indian country as we call it, in order 

to better place our requesting context. And my written testimony 

has more detail about our requests having to deal with economic 

development for Indian country and Department of Commerce requests. 

Criminal justice is complicated enough. And is often a very frustrating issue for Native Americans. And we need your help. Public 

safety is the tribal leader’s number one top priority. Constitutionally tribes are sovereign entities. And as you know, they are 

not subsidiaries of state governments. Our relationship is directly 

with the federal government. 

Tribal governments have the same responsibilities for healthcare, 

welfare, and for the safety of the people as any other government. 

And, unfortunately, we don’t always have the same tools to address 

particularly public safety. 

Like other communities within the United States, the federal 

government has assumed the responsibility of much of the day-today—excuse me, unlike much of the day-to-day, law enforcement 

services in Indian reservations under the Major Crimes Act and 

other federal laws, many Indian communities are dependent upon 


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the federal government for investigation and prosecution authority 

of felony and other crimes committed on Indian reservations. 

In practice that means that in cases of felony crime we depend 

on the U.S. Attorneys Office to serve as our local prosecutors and 

the FBI or the BIA to serve as our local police investigators, roles 

in which neither one excel. In fact, a recent study found that between 1997 and 2006, the U.S. Attorneys declined to prosecute in 

Indian country cases more than two thirds of the time at a rate 

more than double that of the average of federally-prosecuted crime. 

This dysfunctional criminal justice system has led to the suffering of the highest crime rates in America. Natives are victims 

of violent crime at rates more than double those of any other community in the U.S. One out of three of our women will be raped 

in their lifetime. Crime rates have been rapidly increasing in Indian country while crime rates in—has been following in similarity 

low-income communities throughout the United States. 

I recognize, however, that the conversation—Congress needs to 

restore the ability of our communities to protect themselves. And 

I recognize this conversation is beyond the scope of this Appropriations hearing. But in the interim, Congress needs to take two steps, 

both of which are within the purview of the Committee. 

First, we want to make sure that you fund the federal agencies 

at a level that they can protect and oversee us. And that the money 

is actually being spent by those agencies in Indian country. And 

second, adequately fund the tribal criminal justice system so that 

we can continue to build our own infrastructure to protect our own 

communities. 

For the COPS grant tribal set-aside, we are requesting $30 million. More than 200 tribal police departments ranging from small 

departments with only two officers to those with more than 200 officers, help to maintain the public safety in Indian country. A good 

example of that is in the Cheyenne River Sioux Reservation, which 

is about the size of Connecticut. There is only ten police officers for 

the entire reservation. If three officers were on time—were on duty 

at any time, it would still take two hours for them to get to an 

emergency situation. 

In the economic stimulus COPS money, it didn’t provide for a 

set-aside that CGS usually—normally applies, puts in there. So we 

are asking for about $30 million. 

The tribal correctional facilities, we are asking for staffing at $50 

million. Seventy nine percent of the correction facilities fall between the minimum staffing levels in Indian country. We have new 

facilities in Indian country that can’t open, because we don’t have 

the staffing. And then with the economic stimulus, we also got 

more correctional facilities, which we desperately needed. The Department of Interior estimates that we have about $100 million in 

staffing need. And so we are asking for at least the minimum of 

$50 million for staffing. 

And then tribal correctional facilities. We have deplorable conditions. Reports have documented—detention facilities has been well 

documented. In fact in 2008, there was a Department of Interior 

report that said that a number of our offenders are being released 

in informal practices just because the facilities aren’t able to address them given the severe overcrowding. And in that report it 


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made a—it said that $8.4 billion was needed in the next ten years 

to address the need. This would mean that in the next ten years 

we would be having to appropriate about $840 million to address 

that need. 

In my testimony I also address the tribal courts situation where we are requesting $25 million, and for programs such as alcohol 

and substance abuse and youth programs to be able to deal with 

prevention and issues that bring up the public safety concerns in 

Indian country. 

I thank you very much for our being able to present this testimony. And would love to follow up with any other questions that 

you may have. Thank you. 

[Written testimony by National Congress of American Indians 

follows:] 


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Mr. SERRANO. The National Congress is composed of how many 

groups? 

Ms. JOHNSON PATA. The National Congress represents the interests of all tribes. And our members at any given time are over 250 

tribes, including those in New York. 

Mr. SERRANO. Okay. That is important. Thank you so much. 

Ms. JOHNSON PATA. Thank you. 

Mr. SERRANO. Thank you. 

We are going now to Dr. Steven Breckler, American Psychological Association. 

THURSDAY, APRIL 2, 2009. 

AMERICAN PSYCHOLOGICAL ASSOCIATION 

WITNESS 

STEVEN BRECKLER, PH.D., EXECUTIVE DIRECTOR FOR SCIENCE, 

AMERICAN PSYCHOLOGICAL ASSOCIATION 

Mr. BRECKLER. Thank you, Mr. Chairman. Good afternoon. I am 

Steve Breckler, Executive Director for Science at the American Psychological Association. 

APA is a scientific and professional organization of more than 

150,000 psychologists and affiliates, many of whom play vital roles 

in the National Science Foundation and in the National Aeronautics and Space Administration. 

I would like to address the proposed fiscal year 2010 research 

just for these two agencies. But first I want to thank you and the 

Committee on behalf of our scientific and research community for 

increases in research supported at NSF in both the fiscal year 2009 

Omnibus Appropriations Bill and in the American Recovery and 

Reinvestment Act. And the small but really critical boost in research support at NASA as part of the Reinvestment Bill. 

For fiscal year 2010, EPA, like others you have heard today, urges this Subcommittee to support the President’s request of $7 

billion for NSF and to implement plans for doubling the NSF budget over the next ten years. 

As you know, NSF is the only federal agency whose primary mission is to support basic research and education in mathematics, engineering, and science, including the behavioral and social sciences. 

NSF’s investment in basic research across these disciplines has created extraordinary scientific and technological progress, ensuring 

contributed economic growth, improvements in the design implementation and evaluation of public education, strength in the national security, and the generation of cutting-edge, new knowledge. 

But here’s my point. Many critical national challenges have at 

their core the need to better understand human behavior. That is 

why APA supports a strong investment in psychological research 

throughout the NSF portfolio and including all of the research and 

education programs of the foundation. The America Competes Act 

specifically noted the importance of funding the social sciences. 

This must be reflected in an increase for NSF’s behavioral and social science research portfolio that is comparable to proposed increases for other sciences supported by NSF. 


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In terms of NASA, the APA recommends funding NASA at the President’s fiscal year 2010 request of $18.7 billion to allow for substantial increases in NASA advanced capabilities, which houses the 

human research program and in NASA aeronautics research. 

Over the last 20 years, the NASA research budget has gone down 

steadily. Yet support for space exploration has been expanding at 

the same rate. The result is an increasing gap in life sciences and 

human factors knowledge. Knowledge that is critical for successful 

NASA missions and for improving both the safety and efficiency of 

our current and future aerospace systems. 

Longer space missions place increasing demands on psychological 

health and performance in space. Psychological scientists are meeting these challenges head on to improve human decision making 

and to allow humans to function in extremely challenging environments such as space flight. The need for science-based practical 

principles to enhance systems, interfaces, team dynamics, decision 

making, training, and psychological health continues to grow. But 

with a diminishing research budget, NASA behavioral scientists 

are ill-equipped to take on this crucial task. 

Thank you for hearing me. 

[Written testimony by Steven Breckler, Ph.D., Executive Director 

for Science, American Psychological Association follows:] 


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Mr. SERRANO. Well, we thank you. We thank you for your testimony, for your work. And I must tell you that I don’t think of it 

much. But there must be psychological issues to deal with in those 

space flights. I mean, I have a problem just being in the elevator 

going down. So I can’t imagine what that’s like. 

Mr. BRECKLER. It is hard to imagine. 

Mr. SERRANO. Thank you so much. 

Our Chairman has arrived. And with that in mind, I turn it over 

to you. 

Mr. MOLLOHAN [presiding]. I understand we have gone through 

the witnesses. And we are down to the last witness? 

Mr. SERRANO. Yes, one last witness. 

Mr. MOLLOHAN. Please take the stand. The Committee would 

like to welcome Chief Michael S. Miller. Chief Miller is from my 

Congressional District and welcome from Ridgeley. 

Mr. MILLER. Thank you, Chairman. 

Mr. MOLLOHAN. Yeah. Pleased you are here. And he’s going to 

testify on behalf of Fight Crime: Invest in Kids. It doesn’t get much 

better than that. Welcome to the hearing. 

THURSDAY, APRIL 2, 2009. 

RIDGELEY POLICE DEPARTMENT 

WITNESS 

MICHAEL MILLER, CHIEF OF RIDGELEY POLICE DEPARTMENT AND 

FIGHT CRIME: INVEST IN KIDS 

Mr. MILLER. Thank you again. Thank you for the opportunity to 

testify. As has been stated, I am Michael Miller. I am the Police 

Chief of Ridgeley, West Virginia. I am also a member of Fight 

Crime: Invest in Kids. It is a national anti-crime group of 5,000 police chiefs, sheriffs, prosecutors, and victims of violence who look at 

what really works to keep kids from becoming criminals. 

Now as a Police Chief, I know there is no substitute for tough 

law enforcement. Across the United States, my law enforcement 

brethren everywhere are busy arresting, prosecuting, and holding 

in custody offending juveniles. 

Research shows, however, that punishment alone is often not 

going to be enough. Repeat offense rates, particularly among juvenile offenders who have committed two or more offenses, is high. 

That means America’s failing its young people and endangering its 

communities. 

Fortunately, research and our experiences are showing that targeted investments to help keep kids away from crime and that intervene effectively to redirect offending juveniles onto a different 

path, can make our communities safer. 

Quality after-school programs can transform the prime time for 

juvenile crime, 3 p.m.–6 p.m., into hours of academic enrichment 

and constructive activities. An example would be a study of a boys 

and girls club showed that comparable housing projects without 

boys and girls clubs had 50 percent more vandalism. And scored 37 

percent worse on drug activity than those with clubs. 

One source of funding for the after-school efforts is Title V of the 

Federal Juvenile Justice and Delinquency Prevention Act, JJDPA. 


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Of course because of a lack of funding, more than 14 million children and teens are going home from school to an empty house each 

week. 

Juvenile mentoring has also been shown to cut crime. A study of 

Big Brothers/Big Sisters has found that young people with a mentor were about half as likely to begin illegal drug use and nearly 

one third less likely to hit someone compared to those without a 

mentor. 

There are also effective interventions that reduce recidivism. 

Functional family therapy has been shown to cut rates of rearrest 

in half by intervening with families to teach them how to better 

control their children’s behavior and save the public an average of 

$32,000 per youth treated. 

Juvenile accountability block grants and JGDPA Title II state 

formula grant funds have been used to support these efforts. Evidence-based programs that use effective reentry approaches such 

as multidimensional treatment, foster care are also working. The 

MTSC approach cuts the average number of repeat arrests for seriously delinquent juveniles in half. And saves the public an average 

of over $77,000 for every juvenile treated. 

The Second Chance Act can support programs like the MTSC. The President has requested $75 million for the Second Chance 

Act. I urge you to fully fund these programs, including the Adult 

and Juvenile Reentry Demonstration Projects authorized to receive 

$55 million for fiscal year 2010. 

Effective prevention and intervention activities such as those 

supported by Title V, Juvenile Mentoring Grants. Title II and 

JABG remains so woefully underfunded that they only reach a 

fraction of the kids who could benefit from them. 

I have seen the consequences of these myself locally. I actually 

arrested a juvenile who burglarized the local business. He served 

his time in a juvenile facility. Shortly after his release he committed another burglary, but now he was an adult. At 18, he went 

to an adult facility to serve his time. 

I will not out of respect for the sensibilities of people here explain 

what happened to him. But a traumatic event occurred. I have seen 

him since he has gotten out. He walks along the street. He can’t 

hold his head up. He can’t hold a job. He can’t do anything. The 

system broke him. As a Chief, I think he should have been punished for what he did. But I can’t help but wonder if things might 

have turned out differently. Perhaps his life wouldn’t have been destroyed if he had had access to some of the programs that I have 

discussed today. 

I urge at a minimum that the Committee restore funding to the 

2002 levels for Title II, Title V, and JABG, and to fund juvenile 

mentoring at $80 million as a first step towards fully addressing 

the needs of our youth and access to these effective approaches. 

I believe if we as a nation continue to refuse to adequately invest 

in proven crime prevention strategies, we not only fail to give a 

better chance for a better future to millions of kids, but we are permitting the further cultivation of criminals. And I think that we 

are jeopardizing the safety of all Americans for years to come. 

I thank you all again for the opportunity to testify. And I would 

be happy to answer any questions that I can. 


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Mr. MOLLOHAN. Sometimes with you being the last witness that 

we do have an opportunity maybe for you to elaborate a bit. Tell 

us about what programs you are involved in. And how these programs impact your community. 

Mr. MILLER. Well presently as it pertains to juveniles, I just recently became a member of Fight Crime: Invest in Kids. 

Chairman, as I am sure you are well aware, West Virginia, particularly our area of West Virginia, is not abundant with a large 

number of programs to help youth offenders. So presently I am not 

involved in anything other than this organization. And sadly being 

a police chief in my department, means about 40 hours as a regular 

patrolman and another 40 as a chief. And it tends to take up the 

majority of my time. However, I am constantly looking for anything 

to become involved in to help with the community. 

Presently, our community is rather small, even though we have 

just taken on the law enforcement activities of another community 

as well. 

Mr. MOLLOHAN. What community is that? 

Mr. MILLER. Carpendale, sir. We don’t have any grassroots programs in play at the moment. We presently just work as best we 

can as individual officers to promote these ideals with our youth. 

Of course, we practice effective community policing and try to employ help from the underfunded Child Protective Services Agencies 

whenever we can. 

Mr. MOLLOHAN. How many officers do you have on your force? 

Mr. MILLER. We have five officers now. We are looking to hire. 

If you all know of any qualified candidates, please send them our 

way. 

Mr. MOLLOHAN. There is reputed to be a lot of them out there 

who are looking for jobs. 

Well, Chief, thank you very much for your testimony today. We 

look forward to working with you, and we will follow up on some 

of these programs with you. And see if some of them might not be 

something that could implemented in Mineral County or in your 

community. 

Mr. MILLER. Well, I thank the Committee for their time. And, 

Chairman, I think all of West Virginia thanks you for what you’ve 

done for us. 

Mr. MOLLOHAN. Thank you, Chief. Thank you. 

[Written testimony by Ridgeley Police Department Chief Michael 

Miller follows:] 


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(i) 

W I T N E S S E S 

Page 

Arnold, Douglas ....................................................................................................... 393 

Assmann, Dr. S. M .................................................................................................. 171 

Bean, David .............................................................................................................. 14 

Bell, Ford .................................................................................................................. 142 

Bennett, Dr. K. A ..................................................................................................... 258 

Berg, Steve ............................................................................................................... 53 

Blakey, Marion ......................................................................................................... 130 

Bogden, Philip .......................................................................................................... 187 

Breckler, Steven ....................................................................................................... 244 

Thigham, N. K ......................................................................................................... 301 

Cagey, H. M ............................................................................................................. 204 

Carew, T. J ............................................................................................................... 398 

Casper, Dr. Lynne ................................................................................................... 385 

Cerveny, Kassandra ................................................................................................ 115 

Chang, Caren ........................................................................................................... 169 

Chatwin, Anthony .................................................................................................... 109 

Chatwin, R. M .......................................................................................................... 346 

Coochise, Elbridge ................................................................................................... 8 

Copp, Steven ............................................................................................................ 416 

Cosgrove, Sean ......................................................................................................... 305 

Coyle, Kevin ............................................................................................................. 214 

Dangemond, Jack ..................................................................................................... 324 

Dedes, Jim ................................................................................................................ 81 

Deliberto, Corryne ................................................................................................... 60 

Duran, Mishaela ...................................................................................................... 95 

Eberle, Dr. Francis .................................................................................................. 375 

Ehlers, Hon. V. J ..................................................................................................... 29 

Ellin, Rebecca ........................................................................................................... 362 

Erwin, Mike .............................................................................................................. 405 

Fairbairn, William ................................................................................................... 296 

Farr, Hon. Sam ........................................................................................................ 34 

Fellows, Jack ............................................................................................................ 162 

Fletcher, Kristen ...................................................................................................... 156 

Frank, Billy, Jr ........................................................................................................ 102 

Franz, Judy .............................................................................................................. 225 

Front, Alan ............................................................................................................... 411 

Glasener, Karl .......................................................................................................... 232 

Glimm, James .......................................................................................................... 221 

Gregory, J. C ............................................................................................................ 199 

Harris, Dr. K. M ...................................................................................................... 385 

Hawley, Ron ............................................................................................................. 21 

Hilton, Cynthia ........................................................................................................ 338 

Hoogstraten, Bruce .................................................................................................. 180 


smartinez on PROD1PC64 with HEARING
Page

ii 

Houston, Aaron ........................................................................................................ 88 

Huchra, John ............................................................................................................ 260 

Isbister, Mary ........................................................................................................... 329 

Jacobs, Madeleine .................................................................................................... 210 

Jadin, Jenna ............................................................................................................. 267 

Jim, R. L ................................................................................................................... 380 

Johnson, Pam ........................................................................................................... 175 

Koenings, J. P .......................................................................................................... 136 

Kohler, Jeff ............................................................................................................... 417 

Liss, Cathy ............................................................................................................... 285 

Lohrenz, Dr. S. E ..................................................................................................... 288 

Lynch, G. P ............................................................................................................... 74 

Mandel, David .......................................................................................................... 67 

Marchase, R. B ......................................................................................................... 228 

Martin, Gabrielle.................................................................................................... 38, 357 

McCarthy, Hon. Carolyn ......................................................................................... 1 

McClure, Thomas ..................................................................................................... 320 

McCormack, Karen .................................................................................................. 315 

McQueen, Mary ........................................................................................................ 45 

Menashes, Matt ....................................................................................................... 362 

Miller, Michael ......................................................................................................... 250 

Monroe, Leila ........................................................................................................... 377 

Noland, Dr. Brian .................................................................................................... 122 

Noorda, Clyde ........................................................................................................... 319 

O’Rear, Jack ............................................................................................................. 334 

Olsen, J. C ................................................................................................................ 353 

Osthus, Rebecca ....................................................................................................... 275 

Paskins, Corey ......................................................................................................... 318 

Pata, J. J .................................................................................................................. 236 

Pierson, Carol ........................................................................................................... 366 

Pietrafesa, Dr. Len .................................................................................................. 288 

Popovich, Belinda .................................................................................................... 403 

Quandt, Steven ........................................................................................................ 304 

Riksen, Michael ........................................................................................................ 370 

Rowan, Linda ........................................................................................................... 263 

Sanders, Dr. J. G.................................................................................................. 149, 392 

Schiffries, Craig ....................................................................................................... 193 

Silver, Howard ......................................................................................................... 310 

Smith, Kyle .............................................................................................................. 293 

Stedman, B. J ........................................................................................................... 348 

Struttman, Ted ........................................................................................................ 355 

Thompson, G. K ....................................................................................................... 347 

Trandahl, Jeff ........................................................................................................... 111 

Valek, John .............................................................................................................. 389 

Vance, D. C ............................................................................................................... 337 

Vela ́zquez, Tracy ...................................................................................................... 343 

Webster, Chuck ........................................................................................................ 317 

Williams, Della ......................................................................................................... 418 

Wilson, Kent ............................................................................................................. 390 

Woglom, Emily ......................................................................................................... 406 

Wychulis, Steve ........................................................................................................ 294 

Zorn, J. E .................................................................................................................. 330 


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(i) 

W I T N E S S E S 

Page 

Arnold, Douglas ....................................................................................................... 393 

Assmann, Dr. S. M .................................................................................................. 171 

Bean, David .............................................................................................................. 14 

Bell, Ford .................................................................................................................. 142 

Bennett, Dr. K. A ..................................................................................................... 258 

Berg, Steve ............................................................................................................... 53 

Blakey, Marion ......................................................................................................... 130 

Bogden, Philip .......................................................................................................... 187 

Breckler, Steven ....................................................................................................... 244 

Thigham, N. K ......................................................................................................... 301 

Cagey, H. M ............................................................................................................. 204 

Carew, T. J ............................................................................................................... 398 

Casper, Dr. Lynne ................................................................................................... 385 

Cerveny, Kassandra ................................................................................................ 115 

Chang, Caren ........................................................................................................... 169 

Chatwin, Anthony .................................................................................................... 109 

Chatwin, R. M .......................................................................................................... 346 

Coochise, Elbridge ................................................................................................... 8 

Copp, Steven ............................................................................................................ 416 

Cosgrove, Sean ......................................................................................................... 305 

Coyle, Kevin ............................................................................................................. 214 

Dangemond, Jack ..................................................................................................... 324 

Dedes, Jim ................................................................................................................ 81 

Deliberto, Corryne ................................................................................................... 60 

Duran, Mishaela ...................................................................................................... 95 

Eberle, Dr. Francis .................................................................................................. 375 

Ehlers, Hon. V. J ..................................................................................................... 29 

Ellin, Rebecca ........................................................................................................... 362 

Erwin, Mike .............................................................................................................. 405 

Fairbairn, William ................................................................................................... 296 

Farr, Hon. Sam ........................................................................................................ 34 

Fellows, Jack ............................................................................................................ 162 

Fletcher, Kristen ...................................................................................................... 156 

Frank, Billy, Jr ........................................................................................................ 102 

Franz, Judy .............................................................................................................. 225 

Front, Alan ............................................................................................................... 411 

Glasener, Karl .......................................................................................................... 232 

Glimm, James .......................................................................................................... 221 

Gregory, J. C ............................................................................................................ 199 

Harris, Dr. K. M ...................................................................................................... 385 

Hawley, Ron ............................................................................................................. 21 

Hilton, Cynthia ........................................................................................................ 338 

Hoogstraten, Bruce .................................................................................................. 180 


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Page

ii 

Houston, Aaron ........................................................................................................ 88 

Huchra, John ............................................................................................................ 260 

Isbister, Mary ........................................................................................................... 329 

Jacobs, Madeleine .................................................................................................... 210 

Jadin, Jenna ............................................................................................................. 267 

Jim, R. L ................................................................................................................... 380 

Johnson, Pam ........................................................................................................... 175 

Koenings, J. P .......................................................................................................... 136 

Kohler, Jeff ............................................................................................................... 417 

Liss, Cathy ............................................................................................................... 285 

Lohrenz, Dr. S. E ..................................................................................................... 288 

Lynch, G. P ............................................................................................................... 74 

Mandel, David .......................................................................................................... 67 

Marchase, R. B ......................................................................................................... 228 

Martin, Gabrielle.................................................................................................... 38, 357 

McCarthy, Hon. Carolyn ......................................................................................... 1 

McClure, Thomas ..................................................................................................... 320 

McCormack, Karen .................................................................................................. 315 

McQueen, Mary ........................................................................................................ 45 

Menashes, Matt ....................................................................................................... 362 

Miller, Michael ......................................................................................................... 250 

Monroe, Leila ........................................................................................................... 377 

Noland, Dr. Brian .................................................................................................... 122 

Noorda, Clyde ........................................................................................................... 319 

O’Rear, Jack ............................................................................................................. 334 

Olsen, J. C ................................................................................................................ 353 

Osthus, Rebecca ....................................................................................................... 275 

Paskins, Corey ......................................................................................................... 318 

Pata, J. J .................................................................................................................. 236 

Pierson, Carol ........................................................................................................... 366 

Pietrafesa, Dr. Len .................................................................................................. 288 

Popovich, Belinda .................................................................................................... 403 

Quandt, Steven ........................................................................................................ 304 

Riksen, Michael ........................................................................................................ 370 

Rowan, Linda ........................................................................................................... 263 

Sanders, Dr. J. G.................................................................................................. 149, 392 

Schiffries, Craig ....................................................................................................... 193 

Silver, Howard ......................................................................................................... 310 

Smith, Kyle .............................................................................................................. 293 

Stedman, B. J ........................................................................................................... 348 

Struttman, Ted ........................................................................................................ 355 

Thompson, G. K ....................................................................................................... 347 

Trandahl, Jeff ........................................................................................................... 111 

Valek, John .............................................................................................................. 389 

Vance, D. C ............................................................................................................... 337 

Vela ́zquez, Tracy ...................................................................................................... 343 

Webster, Chuck ........................................................................................................ 317 

Williams, Della ......................................................................................................... 418 

Wilson, Kent ............................................................................................................. 390 

Woglom, Emily ......................................................................................................... 406 

Wychulis, Steve ........................................................................................................ 294 

Zorn, J. E .................................................................................................................. 330 


smartinez on PROD1PC64 with HEARING