[Senate Hearing 115-573] [From the U.S. Government Publishing Office] S. Hrg. 115-573 THREATS TO THE HOMELAND ======================================================================= HEARING BEFORE THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ SEPTEMBER 27, 2017 __________ Available via the World Wide Web: http://www.govinfo.gov Printed for the use of the Committee on Homeland Security and Governmental Affairs __________ U.S. GOVERNMENT PUBLISHING OFFICE 29-657 PDF WASHINGTON : 2019 ----------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free).E-mail, [email protected]. COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS RON JOHNSON, Wisconsin, Chairman JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware RAND PAUL, Kentucky JON TESTER, Montana JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire STEVE DAINES, Montana KAMALA D. HARRIS, California Christopher R. Hixon, Staff Director Gabrielle D'Adamo Singer, Chief Counsel Daniel P. Lips, Policy Director Michael J. Lueptow, Senior Counsel Elizabeth E. McWhorter, Senior Professional Staff Member M. Scott Austin, U.S. Coast Guard Detailee Margaret E. Daum, Minority Staff Director Julie G. Klein, Minority Professional Staff Member Hannah M. Berner, Minority Professional Staff Member Laura W. Kilbride, Chief Clerk Bonni E. Dinerstein, Hearing Clerk C O N T E N T S ------ Opening statements: Page Senator Johnson.............................................. 1 Senator McCaskill............................................ 2 Senator Portman.............................................. 12 Senator Lankford............................................. 14 Senator Heitkamp............................................. 16 Senator Hassan............................................... 18 Senator Peters............................................... 19 Senator Carper............................................... 21 Senator Harris............................................... 23 Senator Hoeven............................................... 26 Senator Tester............................................... 28 Senator Daines............................................... 29 Prepared statements: Senator Johnson.............................................. 45 Senator McCaskill............................................ 46 WITNESSES Thursday, September 27, 2017 Honorable Elaine C. Duke, Acting Secretary, U.S. Department of Homeland Security.............................................. 4 Honorable Christopher A. Wray, Director, Federal Bureau of Investigation, U.S. Department of Justice...................... 6 Honorable Nicholas J. Rasmussen, Director, National Counterterrorism Center, Office of the Director of National Intelligence................................................... 7 Alphabetical List of Witnesses Duke, Hon. Elaine C.: Testimony.................................................... 4 Prepared statement........................................... 48 Rasmussen, Hon. Nicholas J.: Testimony.................................................... 7 Prepared statement........................................... 67 Wray, Hon. Christopher A.: Testimony.................................................... 6 Prepared statement........................................... 59 APPENDIX Countering Violent Extremism document............................ 74 IG report........................................................ 75 Letter from Alejandro Garcia Padilla............................. 160 DACA information................................................. 161 Responses to post-hearing questions for the Record: Ms. Duke..................................................... 195 Mr. Wray (non-response)...................................... 316 Mr. Rasmussen................................................ 324 THREATS TO THE HOMELAND ---------- THURSDAY, SEPTEMBER 27, 2017 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 10:04 a.m., in room SD-342, Dirksen Senate Office Building, Hon. Ron Johnson, Chairman of the Committee, presiding. Present: Senators Johnson, Portman, Lankford, Hoeven, Daines, McCaskill, Carper, Tester, Heitkamp, Peters, Hassan, and Harris. OPENING STATEMENT OF CHAIRMAN JOHNSON Chairman Johnson. Good morning. This hearing of the Homeland Security and Governmental Affairs Committee (HSGAC) is called to order. This is our annual ``Threats to the Homeland'' hearing. I want to welcome our witnesses. I would like to start, though, by acknowledging the victims of the hurricanes in Houston, Texas, in Florida, and throughout the Caribbean, but in particular Puerto Rico. I am sure we will be discussing that quite a bit. Maybe it was not contemplated when we first set this up and scheduled this hearing on the other enormous threats, but there are real threats to human life occurring now throughout our Nation, and we will certainly acknowledge that. All those individuals are in our thoughts and prayers. I am sure everybody on this Committee joins me in that. We are pleased to welcome the Acting Secretary of the Department of Homeland Security (DHS), Elaine Duke; the Director of the Federal Bureau of Investigation (FBI), Christopher Wray; and the Director of the National Counterterrorism Center (NCTC), Nicholas Rasmussen. We want to thank all of you for your service. These are perilous times. The threats that face our homeland are growing, they are evolving, they are metastasizing. I do not envy any of you your task. These are serious responsibilities, and we are all grateful that you stepped up to the plate and we have quality individuals with real talent that are accepting that responsibility. The mission statement of this Committee is pretty simple: To enhance the economic and national security of America and to promote more efficient, effective, accountable government. Very similar, I would imagine, to some of the mission statements of your own Departments and Agencies. I do not want to spend a whole lot of time because we have a number of Members here, but, again, I just want to acknowledge your service to this Nation, the sacrifice you and your families are undertaking to serve this Nation. And, with that, I will turn it over to Senator McCaskill. OPENING STATEMENT OF SENATOR MCCASKILL\1\ Senator McCaskill. Thank you very much, Mr. Chairman. --------------------------------------------------------------------------- \1\ The prepared statement of Senator McCaskill appears in the Appendix on page 46. --------------------------------------------------------------------------- Directors Wray and Rasmussen, thank you for being here today. Secretary Duke, I welcome you to the Committee for the first time as the Department's Acting Secretary. I want to let you know that I appreciate the efforts that you and the Federal Emergency Management Agency (FEMA) are making to assist the victims of hurricanes in Texas, Florida, and Puerto Rico. I will have to say, though, we are very concerned about what we are seeing in Puerto Rico. I know there have been logistical challenges because of the devastation in Puerto Rico, but I am looking forward to the briefing that we are going to receive today from FEMA about what is actually occurring on the ground. And, those Americans are very deserving of whatever it takes for us to address the crisis, the humanitarian crisis that is impacting 3.5 million American citizens in Puerto Rico as we speak today. The hearing today is about threats to the homeland. Heartbreakingly, just last month, we suffered a terrorist attack here at home. The violence perpetrated by white supremacists and neo-Nazis at the Charlottesville rally was tragic, vile, and evil. It stunned many of us who thought the chants of ``Blood and Soil'' belonged in film footage from a Nuremberg rally, not a 21st Century American college. The boldness and the outspokenness of something that is so evil, proudly marching under a Nazi flag, is something that I think many of us did not think we would see in this country, but now we have seen it. I direct your attention to a document\2\ that is on the easel. I do not think many Americans understand the level of threat that we have in this county from white supremacists, anti-government, and other violent extremists. If you look at the comparison--and this data comes from the Government Accountability Office (GAO); this is not from a think tank, this is not from anybody who has bias, this is from the government auditors--we have had 62 incidents since September 11, 2001 (9/11) and 106 fatalities by the white supremacists, anti-government, and other violent extremists. Compare that to 23 acts of violence by Islamic violent extremists. The fatalities are almost equal. And so, one of my goals at this hearing today is to get specific responses as to whether or not the level of investigation and response matches the level of threat as it relates to these two types of terrorists that want to do harm to American citizens. --------------------------------------------------------------------------- \2\ The document referenced by Senator McCaskill appears in the Appendix on page 74. --------------------------------------------------------------------------- I am worried that we have--and this Committee is a good example. We have had multiple hearings on the threat of Islamic State of Iraq and Syria (ISIS) as it relates to homeland security. We have had zero hearings about the threat of domestic terrorists and the threat they pose in our country and our response to it. We also face the threats from foreign terrorist organizations like ISIS and those inspired by them. We only need to look overseas over the past 4 months to see what our allies have suffered. The suicide bomber in Manchester, England, in June; the pedestrians on the London Bridge in August; a van in Barcelona, Spain; and just this month a bucket bomb on a London subway. We know these organizations are not just targeting Europe. We know that, in addition to domestic terrorists, there are also foreign terrorists who want to kill Americans and who want to, importantly, radicalize Americans here at home to do so. That is why we depend on you, the men and women of the DHS, the FBI, and the NCTC. We rely on you to identify threats, prevent attacks, and keep America safe. That is why I am so concerned about some of the budget choices made by this Administration. For instance, mass transit locations and other ``soft targets'' where large groups of people gather have served as prime targets. In addition to aviation security, the Transporation Security Administration (TSA) helps secure mass transit, passenger rail, freight rail, highways, buses, pipelines, and seaports. According to the TSA, more than 10 billion passenger trips are taken on mass transit systems each year. Yet the President's budget plans to cut critical TSA programs at a time that we cannot afford to let up when it comes to security measures. A large portion of this cut is taken from the Visible Intermodal Prevention and Response (VIPR) teams. The VIPR teams deploy all across the country to provide critical assistance with securing airports, subways, and bus terminals. And, by the way, they also deployed to Houston to assist with recovery. But, the President's budget would cut them by $43 million, reducing VIPR teams from 31 down to just 8 teams to cover the entire country. The President's budget would also slash other DHS programs that provide critical security to our transportation systems. In July, DHS announced 29 awards through the Complex Coordinated Terrorist Attacks (CCTA) Grant Program, including one that would help Kansas City preparedness plans and enhance communications systems, and another that would allow St. Louis to build an integrated response structure among first responders. This is the type of assistance we should be providing our cities in the face of threats like London, Barcelona, and Manchester. But, the President's budget will eliminate all of these grant programs for next year. There unfortunately is not enough time to discuss in 7 minutes or even a single hearing all the threats our country faces. We face cyber ransomware attacks. We have Russia trying to hack our elections. This month, DHS ordered Agencies to remove cybersecurity software from Federal computer systems because of its manufacturer's ties to Russian intelligence. We have border security issues. We even have potential threats to agriculture. Just last month I had a roundtable in Kansas City to learn what agro-terrorism could do to the Nation's confidence in its food supply. So, I am glad you are all here today to talk about what the greatest threats are that America faces, what we are doing about them, and, most importantly, what we can do to help you in your most important work. Thank you very much. Chairman Johnson. Thank you, Senator McCaskill. I would ask consent that my written opening statement be entered in the record.\1\ --------------------------------------------------------------------------- \1\ The prepared statement of Senator Johnson appears in the Appendix on page 45. --------------------------------------------------------------------------- It is the tradition of this Committee to swear in witnesses, so if you will all stand and raise your right hand. Do you swear that the testimony you will give before this Committee will be the truth, the whole truth, and nothing but the truth, so help you, God? Ms. Duke. I do. Mr. Wray. I do. Mr. Rasmussen. I do. Chairman Johnson. Please be seated. Our first witness is the Honorable Elaine Duke. Elaine Duke is the Acting Secretary of the Department of Homeland Security. She became the Acting Secretary on July 31st. She has served as Deputy Secretary since April. Her previous decades of Federal service include 2 years as the Department's Under Secretary for Management. Acting Secretary Duke. TESTIMONY OF THE HONORABLE ELAINE C. DUKE,\2\ ACTING SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY Ms. Duke. Good morning, Chairman Johnson, Ranking Member Mr. Chairman, and distinguished Members of the Committee. It is my honor to testify this morning on behalf of the men and women of DHS who shield our Nation from threats of terror each and every single day. --------------------------------------------------------------------------- \2\ The prepared statement of Ms. Duke appears in the Appendix on page 48. --------------------------------------------------------------------------- Last night, we learned of a U.S. Customs and Border Protection (CBP) agent that was shot and is critically ill in Jacksonville, Florida, and each week I send out condolence letters for law enforcement officers, and it is on behalf of them that I testify today and came back to service. In recent weeks, Hurricanes Harvey, Irma, Jose, and Maria have placed a spotlight on natural disasters. With FEMA's leadership, our Department and the whole Federal Government have come together to respond to these crises, and I am impressed with the professionalism I have witnessed. But the challenges in places like Puerto Rico are evidence that there is a long road ahead. To those that have been caught up in the disasters, let me say this: I promise to do everything in my power to bring relief, and we will stand with you side by side in the weeks, months, and years to come. But natural disasters are not the only threats we face as a Nation. Right now, the terror threat to our country equals and in many ways exceeds that in the period around 9/11. We are seeing a surge in terrorist activity because the fundamentals of terrorism have changed. Our enemies are crowdsourcing their violence online, promoting a do-it-yourself approach that involves using any weapons their followers can get their hands on easily. The primary international terror threat facing our country is from global jihadist groups. However, the Department is also focused on the threat of domestic terrorism. Ideologically motivated extremists here in the United States are a threat to our Nation, our people, and our values. I condemn this hate and violence, and my Department is focused on countering it. DHS will not stand on the sidelines as these threats spread, and we will not allow pervasive terrorism to become the new normal. We are tackling the dangers ahead in two ways: First, we are rethinking homeland security for a new age. There is no longer a home game and an away game. The line is blurred, and the threats are connected across borders. That is why DHS is moving toward a more integrated approach, bringing together intelligence, operations, interagency engagement, and international action like never before. Second, we are raising the baseline of our security posture across the board. We are looking at everything from traveler screening to information sharing. Higher threat levels mean we need higher standards. For example, we are now requiring all foreign governments to share critical data with us on terrorists and criminals and to help us confidently identify their nationals. We must know who is coming into our country and make sure that they do not pose a threat. That is why I recommended and the President approved tough but tailored restrictions against countries who do not cooperate with us on immigration screening and vetting. This will protect America and hold foreign governments accountable. Similarly, we are elevating aviation security standards. Our ongoing Global Aviation Security Plan, which we began this summer, is making U.S.-bound flights more secure, and it is raising the baseline of aviation security worldwide. We are also making historic moves to keep dangerous individuals and goods from entering America illegally. That includes building a wall on the Southwest border and cracking down on transnational criminal organizations (TCO) that bring drugs, violence, and other threats across our borders. Within our borders, we are rededicating ourselves to terrorism prevention to keep extremists from radicalizing our people. As part of this effort, we are prioritizing education and community awareness. We are redoubling our efforts to stop terrorist recruitment, and we are emphasizing the importance of early warning to make sure communities report suspicious activity before it is too late. Americans are also alarmed by the spike in cyber attacks. Our adversaries continue to develop advanced capabilities online. They seek to undermine our critical infrastructure, target our livelihoods and our secrets, and threaten our democracy. On behalf of the entire Department, I appreciate the critical role this Committee plays in helping us execute our mission. I also respectfully ask the Committee to focus on reauthorizing our Department as quickly as possible. Thank you for letting me appear today, and I look forward to your questions. Chairman Johnson. Thank you, Secretary Duke. Our next witness is Christopher Wray. Christopher Wray is the Director of the Federal Bureau of Investigation. On August 2, 2017, Mr. Wray was sworn in as the eighth FBI Director. He previously served as Assistant Attorney General (AG) at the Department of Justice (DOJ) in charge of the Criminal Division. Director Wray. TESTIMONY OF THE HONORABLE CHRISTOPHER A. WRAY,\1\ DIRECTOR, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Mr. Wray. Thank you, Chairman Johnson, Ranking Member McCaskill, and Members of the Committee, for the opportunity to talk to you today about the threats here in the homeland and the tremendous work being done by the people at the FBI to confront those challenges. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Wray appears in the Appendix on page 59. --------------------------------------------------------------------------- From my earlier years in law enforcement and national security, I already knew how outstanding the men and women of the Bureau are, but to see it, I must say, over the last few weeks from this position makes me feel even more honored, if that is possible, to be their Director. They are mission- focused; they are passionate; they are determined to be the very best at protecting the American people and upholding the rule of law. Having been away from government for a number of years, some of the changes that I have now seen in the first few weeks upon getting back have struck me in particular: the evolution of the threats, the expertise developed, and the capabilities that have been built. Changes in technology have dramatically transformed the nature of the threats we face and challenged our ability to confront those threats. In the terrorism arena, my prior experience was primarily with large structured terrorist organizations like al-Qaeda, and to be clear, we still very much confront threats from large structured organizations like al-Qaeda planning large-scale, sophisticated attacks over long periods of time. But now added to that list, we also face groups like Islamic State of Iraq and the Levant (ISIL) who use social media to recruit and spread their propaganda and to inspire people to take to the streets with crude but effective weapons, like hatchets and car bombs. These are smaller in scale but greater in volume, and these organizations often move from plotting to action in a very short period of time, with very little planning and using low-tech and widely available attack methods. These terrorists' use of social media and encryption technology has made it harder to find the messages of hate and destruction they are spreading and harder to pinpoint who these messages are gaining traction with here in the homeland. The same can be said of domestic extremist movements that collectively pose a steady threat of violence and economic harm to the United States, in that instance primarily through lone offenders. In the cyber arena, the threats are not only increasing in scope and scale; they are also becoming increasingly difficult to investigate. Cyber criminals have increased the sophistication of their schemes, which are now harder to detect and more resilient. What was once a comparatively minor threat, somebody hacking for fun and bragging rights and trying to prove a point just that he could do it, has now turned into full-blown nation-state manipulation and a multi-million-dollar business. And, in the counterintelligence arena, foreign governments pose a rising threat to the United States, and that threat also is more complex and more varied than it has been at any time in the FBI's history. Historically, as the Committee may know, counterintelligence focused on protecting U.S. Government secrets from foreign intelligence services. But today, in addition, we face threats from nation-states targeting not just our national security secrets but our ideas and our innovation. And, we now see threats not just from traditional intelligence officers but from less traditional spies posing as business people or students or scientists. All those threats are amplified by the growing challenge that we in the law enforcement community refer to as ``going dark.'' It affects the spectrum of our work. The exploitation of encrypted platforms presents serious challenges to law enforcement's ability to identify, investigate, and disrupt threats, whether it is--and I want to add to that that, obviously, we all understand that whether it is instance messages, texts, old-fashioned letters, citizens have the right to communicate with each other without unauthorized government surveillance, and the free flow of information is critical to democracy. But the benefits of our increasingly digital lives have been accompanied by new dangers, and we have been forced to wrestle with how criminals and terrorists might use advances in technology to their advantage. Even with unquestionably lawful authority, the reality is we are all too often flying blind, and we need to work together to find thoughtful but quick and effective solutions. The news is not all bad, not by a long shot. There are great strides being made. Intelligence is being far better integrated into our mission. The quality of our partnerships, both across Agencies, State and local, foreign, are at a whole new level. But while great progress has been made, we need to keep improving. I think the changes in technology are one of the primary concerns that we have, and I look forward to answering the Committee's questions. Chairman Johnson. Thank you, Director. Our final witness is Nicholas Rasmussen. Mr. Rasmussen is the Director of the National Counterterrorism Center. On December 18, 2014, Mr. Rasmussen was sworn in as the fifth Director of the NCTC. He previously served as the NCTC's Deputy Director since June 2012. Director Rasmussen. TESTIMONY OF THE HONORABLE NICHOLAS J. RASMUSSEN,\1\ DIRECTOR, NATIONAL COUNTERTERRORISM CENTER, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Mr. Rasmussen. Good morning, Mr. Chairman, Ranking Member McCaskill, and Members of the Committee, and I am pleased to be here with my colleagues and close partners Secretary Duke and Director Wray. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Rasmussen appears in the Appendix on page 67. --------------------------------------------------------------------------- As we passed the 16-year mark since 9/11 earlier this month, the array of terrorist actors we are confronting around the globe is broader, wider, and deeper than it has been at any time since that day. And, as we sit here today, the discipline of terrorism prevention I would argue is evolving and changing beneath our feet every day as well and requires that we respond with extraordinary agility. I will just briefly discuss two areas to complement what my colleagues have already said. First, I will quickly share what we have seen by way of changes or shift in priority in the terrorism landscape since I was sitting before the Committee a year ago. Second, I will say just a few words about areas where we can do a better job tackling the threat of those who are mobilized to extremist violence here at home. So let us begin with what has changed or is new since this time last year. We see those developments in three principal areas: the coalition's success in shrinking the territory that ISIS controls in Iraq and Syria as compared to a year ago; the significant uptick in attacks inspired by ISIS that we have seen against Western interests across the globe in the last year as compared to the number of attacks directed by the ISIS group from its headquarters in Iraq and Syria; and, finally, the third new threat development I would point to for this year is the resurgence of aviation threats, reaching a level of concern that we in the intelligence community (IC) have not faced since al-Qaeda in the Arabian Peninsula's printer package plot in 2010. So, to start with, ISIS losses on the battlefield. Since I spoke with this Committee last year, ISIS has lost a number of senior leaders, been expelled from key cities in Iraq and Syria, and suffered other significant defeats in the heart of its so-called caliphate. As ISIS copes with this loss of territory, the group will look to preserve its capabilities by operating as a covert terrorist organization and insurgency. In some ways, ISIS is reverting to its roots with tactics we saw in the period 2004 to 2008, when it operated as an insurgency called al-Qaeda in Iraq. However, these territorial losses have unfortunately not translated into a corresponding reduction in the group's ability to inspire attacks. While progress has been made in shrinking the size of the territory that ISIS controls, this has not diminished their ability to inspire attacks far beyond the conflict zone. Over the last year, those attacks have taken place in places like the United Kingdom (U.K.) and other countries in Europe. This highlights the diffuse nature of the global threat. And, the number of arrests and disruptions we have seen around the globe, while that is a testament to really effective and strong law enforcement and intelligence work, it also tells us that ISIS' ability to reach globally is still largely intact. This uptick in inspired attacks is in contrast to the pattern of Western attacks directed and enabled by the group's headquarters in Syria that we saw in 2015 and 2016. All of this underscores our belief that there is not, in fact, a direct link between ISIS' battlefield position in Iraq and Syria and the group's capacity to inspire external attacks. And, it makes clear that battlefield losses alone are insufficient to mitigate the threat that we face from ISIS. Winning on the battlefield in places like Mosul and Raqqa is a necessary but insufficient step in the process of eliminating the ISIS threat to our interests. As a result, we need to be patient in terms of expecting return on the investment we are making with our campaign against ISIS. It is simply going to take longer than we would like to translate victory on the battlefield into genuine threat reduction. It is also worth me saying, as focused as we are in addressing ISIS, al-Qaeda has never stopped being a primary counterterrorism priority for the counter terrorism community here in the United States. The various al-Qaeda groups have also managed to sustain recruitment, maintain relationships, and derive sufficient resources to enable their operations. This is a strikingly resilient organization, and we are well aware of that. I will touch quickly now on the third development that has stood out over the last year: the threat to civil aviation. As you are well aware, terrorists see attacking aviation as a way to garner global media attention and inflict serious economic harm. Aviation has taken center stage over the last year as evidenced by the Australian authorities' disruption of a plot by terrorists to bring explosives aboard an aircraft. Both ISIS-and al-Qaeda-aligned groups have demonstrated a continued capability to conduct aviation attacks. All of these attacks, both ones that succeeded and ones that failed, demonstrate several things. First, they show the persistent focus on terrorists on targets of Western aviation. Second, it shows that terrorists are aware of security procedures. They watch what we do, and they try to learn from it. And, third, it suggests that the bad guys have an ability to adapt their tactics in an attempt to defeat the airport security measures that we engage in. It is for these reasons that aviation-related threats have long been and will remain at or near the top of the list of things we worry about. Why don't I stop there, Mr. Chairman? I have some words to say about terrorism prevention and our efforts to deal with homegrown extremism here in the United States, but I would rather reserve that for questions. I will stop there, Mr. Chairman. Chairman Johnson. OK. Thank you all for your testimony. I appreciate the attendance here by fellow members. It has been requested that we have two rounds, which I am happy to accommodate, but we will limit questioning to 5 minutes. And, I would ask the witnesses as well, there is a pretty tried and true technique of asking a question with, 2 seconds remaining. Respond, but respond quickly. We need to keep this thing going to respect everybody's time. Oftentimes in these situations I will defer questioning, but in light of the events in Puerto Rico, I would like to just give Secretary Duke the opportunity to just kind of describe, first of all, the challenge, how FEMA and the Department have risen to the challenge in Houston, Florida, and what we face in Puerto Rico. Ms. Duke. Puerto Rico has some unique challenges. The capacity of the Puerto Rican government is severely diminished, both because of Hurricane Irma, their prior existing financial situation, and the devastation wreaked by the direct hit of Maria. Maria was one mile shy of being a Category 5 hurricane, so the devastation is complete. So, what we are doing is we are standing strong with the Governor. We are attacking the areas of the diminished capacity. So, there is food and water on the island. There is gasoline on the island. What we are focused on today, now that search and rescue is very much complete, is distribution channels. We have asked the Defense Logistics Agency to augment the local National Guard and distribution channels so we can get goods and gasoline out more quickly. That is what we are focused on today. The second thing we are focused on is communications. Right now, we are primarily dependent on satellite phones, which is ineffective, but it helps with emergencies, but it is not helping people find their loved ones. So, we are increasing the number of satellite phones. And, we have AT&T on the island now. We are supporting them with getting their people and equipment there. They have agreed that they will restore any tower, even if it is not their cell phone tower, and they are providing services to any person of Puerto Rico, regardless of their carrier. So, we are working on that cell phone coverage. The electrical grid is more of a challenge. We are doing the assessment. It is completely devastated in terms of point of delivery, and the distribution system and the whole power system from start to finish is virtually gone. So, that is going to be a long-term recovery. We are working with the Department of Energy, private industry, and working on that. So, that is where we are there. The Governor is still standing strong. We have Department of Defense (DOD) troops supporting the National Guard, the National Guard providing security, and we are in a full-court press. Additionally, we have Texas and Florida that were predominantly hit by the first two hurricanes. In Texas, last week we were able to sign a housing plan that really is going to bring people back into their communities quickly. It is a type of housing recovery program that has never been done before, and we are very proud that Texas is with us on that and wants to lead their housing recovery. In Florida, the electrical grid is restored predominantly. Key West still has challenges. The predominance of people on Key West had mobile homes destroyed, and that is going to be a challenge of how we recover that housing situation. Do we just restore with new mobile homes, or do we try to provide something more resilient for those Floridians as they recover? So, that is a summary. I am happy to answer your questions as we go forward. Chairman Johnson. I have two other questions to clarify. First of all, in my memory, I cannot remember three major disasters like that just back to back Houston, Florida, and now Puerto Rico. Can you give us some sense of the number of Federal employees, including FEMA, that are kind of on station at these three zones? And then, also just talk about the significance of what President Trump has done in terms of 100 percent funding in Puerto Rico and why that was necessary. Ms. Duke. Right. We have over 10,000 Federal employees onsite right now. One of the things that President Trump has done for both Irma and Maria is--and Harvey, is declared declarations early. That has allowed our response to get ahead of the disaster. That has been hugely helpful. Additionally, in Puerto Rico, he yesterday gave 100 percent cost share, which means the Commonwealth of Puerto Rico does not have to contribute in the first 180 days. That has been hugely important in us getting industry there. The electrical industry and others did not want to go there unless they knew they were going to get paid, and this has allowed us to mobilize industry to move forward, and that has been helpful. Additionally, I cannot stop answering that question without thanking the other Cabinet members. The Cabinet has really come together. We have the Small Business Administration (SBA), Department of Health and Human Services (HHS), Department of Energy (DOE), Department of Veterans Affairs (VA), Department of Labor (DOL). Everybody has come together with their assets in support of DHS and FEMA and the Governors in their response. Chairman Johnson. Thank you, Secretary. Senator McCaskill. Senator McCaskill. Well, it is good to hear that brief. I will look forward to the detailed brief, and I know some of my colleagues are also very interested in the specifics on the ground in Puerto Rico. It seems to me we should have known 100- percent match before the hurricane even hit. Clearly, from the financial status of the island, they were going to be in no position to make the match. So, it is unfortunate that we had to wait this long to make that identification of the 100- percent match. I want to talk about what I mentioned in my opening statement. I do not think most Americans realize that the number of incidents by white supremacist, militant, anti- government organizations are almost triple the number of attacks of those who identify with a jihadist movement internationally in this country. Can you, Director Wray, talk about how many dedicated agents do you have full-time to investigating international terrorism versus the type of terrorism that has been responsible for almost as many deaths as the international terrorism, that is, the white supremacist, anti-government, militant right in this country? Mr. Wray. Senator, first let me say I agree with you that the domestic terrorism threat is a very serious one indeed and something that we spend a lot of our time focused on. I do not have, sitting here right now, the allocation of agents, that number. What I can tell you on this particular subject is that we have about 1,000 open domestic terrorism investigations as we speak, and that over the past 11 to 12 months I think we have had 176 arrests of domestic terrorism subjects during that period of time. And, I have now been starting just in my first few weeks on the job getting out to some of the field offices, and there are significant numbers of agents who are working very hard on that subject. So, I can assure you that it is a top priority for us. Senator McCaskill. I would really appreciate if you would provide to the Committee for the record some kind of breakdown of the resources that are being allocated in these various areas. I think that the threat is one that--if you asked most Americans, they would assume that the threat from ISIS influence is much greater, and in reality, the facts do not support that. And so, I would like to get a better sense of the balance of resources in this area, if you would. Let us talk about counterterrorism budget cuts. The President's budget calls for elimination of almost half a billion dollars in cuts for counterterrorism, while the same budget says that we need to build a wall that even Border Patrol agents say is not their top priority for border security. Can you talk about the substantial cuts and how that would impact the current counterterrorism efforts and security in a way that is possible for you to talk about, either Director Rasmussen or any of the three of you? Mr. Rasmussen. It is kind of difficult for me to comment because the intelligence portion of the budget is, I do not think, exactly what you have got your fingers on with your question you are asking; and in terms of the resources I have available to me at the National Counterterrorism Center, I am comfortable that we have the resources necessary to carry out the various missions we have, particularly some of the extra additional work we are doing in the areas of screening and vetting to support Secretary Duke and her team at DHS. We are a very tiny slice, and so I do not want to--I am not---- Senator McCaskill. Right. Mr. Rasmussen [continuing]. In any way evading your question. I am just saying that the resources I have available have not been significantly reduced, and I am in a position to carry out my missions effectively. Senator McCaskill. Secretary Duke, what about the--I mean, I think everybody would agree the VIPR teams have been very effective as they have worked around the country. Reducing the VIPR teams down to eight, are you going to try to advocate to reverse that as we move forward? I am hoping the appropriators will. Ms. Duke. We have to do a risk-based approach, and we value the VIPR teams. They have had a significant mission, and we funded those that we could within the constraints of balancing the risks with the demonstrated and measurable value of the teams. Senator McCaskill. Thank you, Mr. Chairman. Look at that. I finished before 5 minutes. Chairman Johnson. I hope everybody follows the Ranking Member's---- Senator McCaskill. It is a bad example I set. Chairman Johnson [continuing]. Excellent example. Senator Portman. OPENING STATEMENT OF SENATOR PORTMAN Senator Portman. Thank you, Mr. Chairman. And, welcome to all three witnesses. Ms. Duke, you are here for the first time as Acting Secretary, and, Director Wray, you are here for the first time before the Committee. We are glad that you are still here, Nick. We need you. Look, this has been just a horrible hurricane season, and our hearts go out to the victims in the wake of the devastation. As you said, three storms, that probably makes this the worst hurricane season that we have experienced, and our thanks go out to the first responders and to the volunteers, some from my State, and all the States represented here who have lent a hand to their fellow citizens. But our citizens today in the Virgin Islands and in Puerto Rico I think are in a particularly difficult situation, and I understand that in Texas and Florida, we have also got a tough situation. But we have the capability to be able to handle that better at the State level. You talked a little about what you are starting to do, Secretary Duke, and I guess my question really is about what more can be done, one, by DOD, because as I understand it--and you mentioned distribution. Yes, there is gas on the island. Yes, there is food and water. But it is not getting out to the locations that need it or to many of the locations that need it. And, it seems to me that infrastructure is going to have to be provided by the Federal Government. So, what can you tell us about DOD cooperation in that? Because it seems like you are not going to just need FEMA folks; you are going to actually need bodies and vehicles and other infrastructure, communications infrastructure. What is DOD doing? What could they do more of? And then, finally, what more can we do? I know you are going to come to us for additional appropriations later this fall, but what could this Congress be doing right now? Ms. Duke. So, DOD is providing tremendous support. We have about 16 ships in the area between DOD and Coast Guard, with additional on the way, including Mercy Ship, a hospital ship. One of the things DOD is doing that is critically important is assessing the ports and the airports. If we can get the ports and the airports to full operation, that is going to be huge. We were able to reactivate the closed air force base, Roosevelt Roads, so now we are flying our supplies through that airport and have been able to open Puerto Rico to commercial flights to allow persons to come back to the United States that want to come back. So, I think what DOD is doing is helping us get the supplies there, but also helping us open the access roads. They also are leading the debris removal, which is huge. We still have areas that we cannot access by roads. We did send more troops down yesterday, including a general that will be in charge of coordinating on the ground. So, we do have a general onsite now that I think is going to help speed things around and put decisionmaking on the ground. I think that was a big step forward. In terms of Congress, there is funding. We did ask yesterday in a congressional call to hold off congressional visits because of the limited airspace, space in between flights, and we thank you all for doing that. I know many of you want to get there and see it, and we thank you for postponing until at least next week congressional visits so that we can use every minute of airspace and time for those that have survived this terrible event. Senator Portman. Well, thank you. It is an urgent situation. I think a different response is needed, and I am glad to hear that our military resources are being used because I think it is required. I would ask you to change subjects for a second, and I want to talk about fentanyl, carfentanil, and really biochem issues. As you know, we have an opioid crisis in this country, and, in fact, more people are dying every day in my State of Ohio, your home State, and all of our States than last year. It is not getting better; it is getting worse. More deaths from overdoses from heroin, synthetic heroins like fentanyl and carfentanil, than car accidents. It is the number one cause of death now in my State and in our country. By the way, 58 percent of the deaths in Ohio over the last year came from fentanyl, not from heroin. And, this fentanyl is coming into our country by the U.S. Mail system, primarily from China. So, this is a threat that is an external threat coming in, and I am frustrated because we cannot get our Postal Service to provide law enforcement, including your people at Customs and Border Protection, the information they need to be able to identify these packages and stop this poison from coming into our communities. I know you are aware of the issue. Can you tell us what progress you are making to be able to stop this? And, do you support our legislation, the STOP Act? There are a number of Members of this Committee who are cosponsors of that legislation. It is very simple. It just says that the post office has to provide advance information to law enforcement to be able to identify these packages and stop this threat. Ms. Duke. Absolutely, and I think that the work of this Committee has helped. I am meeting with the Postmaster General next week. We have gotten visibility into a certain percentage of packages, but it absolutely has to increase. Additionally, we are seeing the routing change, so as we address China, the routing is changing to some stops. So, we are definitely focused on that, and I feel confident the Postmaster General is at the table now. Senator Portman. Well, we would like your support on this legislation, because it needs a change in law to require the post office to do what all the other private carriers have to do. And, the traffickers know, as was said by Mr. Rasmussen earlier, they know how to take advantage of our weaknesses, and this is a weakness right now in our current system. And, by the way, this product is also being weaponized, so carfentanil in particular, Director Wray, I hope you all will focus on that as well. And, I have a concern about terrorist groups and State actors using this as a biological weapon, a chemical weapon as well. Thank you, Mr. Chairman. Chairman Johnson. Senator Lankford. OPENING STATEMENT OF SENATOR LANKFORD Senator Lankford. Thank you, Mr. Chairman. I thank all of you for being here and the testimony that you are bringing. Ms. Duke, thank you for stepping up. You came to be able to serve with General Kelly, and then he ran off to a different job, so you had to step up to be able to take this. Thank you for stepping up and being able to take that. I know we have a visit scheduled in my office, I believe, to be able to go through several of the details. I will skip through some of those until we get to it. Let me ask you some specific questions, first about Puerto Rico. A waiver was requested, a Jones Act waiver, for Puerto Rico. That was denied. That waiver was given to Houston, it was given to Florida. Obviously, the Virgin Islands, they are waived from the Jones Act entirely all the time, so they constantly have ships coming back and forth. Puerto Rico in good times thinks that the Jones Act costs them about $1.5 billion in economic activity a year, but they especially need it now in just getting vessels in. Can you help me understand why and where the conversation is on the Jones Act for Puerto Rico? Ms. Duke. First of all, we do not know of fuel shortages on the island of Puerto Rico. The challenge for us today is getting it distributed. In terms of the Jones Act waiver, we have researched this. I read it in the news clips this morning. We have no known Jones Act waiver request. We did receive a congressional letter today. We are double-checking to make sure that is not true. If there are fuel shortages we are looking at Jones Act. Like you said, we will use it appropriately. There are two issues with Puerto Rico. One is the potential shortage of carriers, U.S.- flagged carriers. The second is tariffs and other things that make the fuel cost high in Puerto Rico, and that is what we are hearing, too, is that people are suffering from the tariffs. Senator Lankford. I would say if we could proactively engage in that, it would help them. Obviously, it is a week to be able to get a vessel to them. So, the longer it takes to be able to get that waiver done, then vessels cannot even start getting there that are non-U.S.-flagged vessels to be able to get to it. So, that would be very helpful. Another interesting point that we can talk about later on is dealing with FEMA and the decision about nonprofits. Congress years ago said that nonprofits were included in disaster relief aid. Previous administrations have defined nonprofits as excluding churches. I am still trying to get a definition for that because often the churches are the ones that are the community location where food and everything is distributed from there, but then they cannot also get disaster relief, but the museum or the library or whatever else around them can. And so, that is one I think the administration already has the authority to make the decision. Congress has already spoken to that. Just previous administrations have defined nonprofits as everything but a church, but a church is also nonprofit. So, whether you are synagogue, a mosque, or a church, I think it should not apply on that. Again, we can talk about that later on some other things. I do want to talk to you a little bit about election security as well and some of the things that are going on as we deal with countering violent extremism (CVE) and what is happening and destabilizing us. We watched even this weekend the Russians and their troll farms and their Internet folks start hashtagging out ``Take a knee'' and also hashtagging out ``Boycott National Football League (NFL).'' They were taking both side of the argument this past weekend and pushing them out from their troll farms as much as they could to try to just raise the noise level in America and to make a big issue seem like an even bigger issue as they are trying to push divisiveness in the country. We have continued to be able to see that. We will see that again in our election time. My question for you is: You have the responsibility to oversee elections nationwide and to be able to work with our States that organize all their elections within the State. Does DHS have the resources it needs to do onsite assessments for all the States that request it between now and the 2018 elections? Ms. Duke. We do have the resources to do it. Not all States have requested it, and I think there is still an issue with some States on whether they want that Federal involvement. But we do have the resources. Senator Lankford. OK. We will follow up on that in greater detail in another conversation. I have visited with DHS folks on the design of the border wall and trying to work through the border security for the Southern border. Several Members of this Committee were also involved in some of those conversations. We are still waiting on details, descriptions, design, cost. The cost per mile of the border wall done 10 years ago was about $3.5 million. The initial request was about $20 million per mile. So, we are waiting for not only why that dramatic increase in cost, what the final design will look like, but also the long-term view of this, not to just look at the 77 miles that is requested currently, but where do we go, in what order, and how do we do it, and some simple things that can be cheaper. For instance, getting rid of the very actively growing cane that is on the river banks where individuals hide drugs and be able to move products into the United States illegally, that cane eradication would be exceptionally important as well. So, any comments you can make about the future of the wall and where we are going? Ms. Duke. Sure. I am looking at the plan next week, and we will have it to Congress shortly after. And, as I committed in my confirmation hearing, it will not--the Southern border strategy does not include just the wall. It includes infrastructure, technology, and other co-securing mechanisms. Senator Lankford. Thank you. We will follow up. OPENING STATEMENT OF SENATOR HEITKAMP Chairman Johnson. Senator Heitkamp. Senator Heitkamp. Just on follow up to that, you are working on both the Northern border and the Southern border strategy. What is the timeline on those, Secretary? Ms. Duke. We will have the Northern border strategy by the end of the calendar year. We will have the Southern border strategy within the next month. Senator Heitkamp. That is critically important as we go through decisionmaking, and as we look at cane eradication, another eradication, mesquite, clearly in Arizona and in--it is an invasive species there, easy to hide, needs to be eradicated so that we have a better chance of catching border crossers that first mile in. So, I want to talk about cybersecurity, and I do not have a lot of time, so I am going to do this quickly. Two questions. How do you grade our current vulnerability in this country, A being impenetrable, F being we are in big trouble? And, how do you grade--this is for all of you. How do you grade our current collaboration and coordination across Executive Branch agencies, including DOD? And, we will start with you, Secretary. Ms. Duke. Coordination across Federal Agencies has gotten very high. I would probably give it a B because I never think we are done. And, we know the threat is significant. In terms of grades, it would depend on the critical infrastructure sector. Right now we are focused on energy and critical infrastructure and the attacks on that. That is probably our highest threat right now. So because of its importance and the focus on that, I would give that the lowest grade. Senator Heitkamp. OK. Director. Mr. Wray. Senator, I would agree with Secretary Duke that on the cooperation side I think there has been dramatic advances and dramatic progress in the wake of Presidential Policy Directive (PPD-41) and a number of other things, much better coordination. So, like Secretary Duke I tend to be dissatisfied with our efforts, so, B, B-minus maybe on that front. On the threats, I am still trying to get my arms around a lot of them just a few weeks into the job. So, I guess I would call that incomplete. Senator Heitkamp. OK. Mr. Rasmussen. Nothing really to add, Senator. Senator Heitkamp. I think, we always hear there is coordination, and then an event happens, and it seems like no one really seems to know what--the right hand does not know what the left hand is doing, and so I would be very careful to give too high marks to coordination, because I am not sure that we in the Congress understand who is doing what and how it is being coordinated and what we need to do. I mean, we have these one-offs, whether it is election challenges, and then we look at what happened at the Securities and Exchange Commission (SEC), what has happened at, obviously the Equifax penetration. And, these have all created incredible challenges. And, one of the things we know about cyber is that it is critical that we engage in a dialogue with the American public about cybersecurity and cyber hygiene. And so, which agency is taking that on to really begin that process? Like you have, ``See something, say something.'' Who is doing the actual education of the American public on how they can be part of a cybersecurity network? Ms. Duke. That is our responsibility at Homeland Security. We have started it. We are working on trying to resensitize Americans to that need. There is much more to do. Senator Heitkamp. And, I think we are woefully short. I think, you ask anyone who has been that person who has been trying to train their kids on how they can protect themselves. It is incredibly vulnerable, because it is as strong as the weakest link. And so, I am deeply concerned that we do not really have a handle on what we are doing in cybersecurity, and that at the end of the day we will spend all of our time and our resources looking at all these other threats and completely miss one of the most serious threats that could be pursuing this country. Director Wray, obviously very concerned about what is happening in Indian country. Pretty hard on your predecessor in terms of the role that the FBI plays in reservations in my State. Missing women across the board. I know you and I had a discussion in the back room. You are working on it. I just want to encourage you to personally, in spite of everything else that is going on, personally engage, because you are the only cop on the beat for many of my communities who are suffering from record amounts of drug addiction and drug abuse, people who are suffering violent crime at much higher rates, and now a continuation of maybe third-party or third-country involvement from law enforcement. So, please, pay attention to this. Mr. Wray. Just a quick response? Chairman Johnson. Sure. Mr. Wray. Senator, I have not forgotten our conversation when we met a few weeks ago, and it is something that I have specifically raised with my leadership team. We do have the Safe Trails Task Forces that we are committed to, but I am well aware that in many ways we are the only game in town in that space, and so I am looking forward to learning more about how we can be more effective. Senator Heitkamp. Thank you. Chairman Johnson. Senator Hassan. OPENING STATEMENT OF SENATOR HASSAN Senator Hassan. Thank you, Mr. Chairman and Ranking Member McCaskill. I do have several questions today regarding terrorist threats to our Nation that I would like to discuss with the witnesses. But, I also would like to address the crisis in Puerto Rico and our fellow citizens' pleas for Federal resources. As a former Governor, I know how important those resources are, and it is why I am very concerned to hear from my friend, former Governor of Puerto Rico, Alejandro Garcia Padilla, that relief efforts to this point have failed to make its way to those most in need. He and I served together as Governors until the end of 2016, and I know him to be a very steady hand amid the challenges that his island faces. So, that is why the email I got from him last night is so concerning, and I want to read an excerpt of it and would ask unanimous consent (UC) for the full email to be entered into the record.\1\ --------------------------------------------------------------------------- \1\ The email submitted by Senator Hassan appears in the Appendix on page 160. --------------------------------------------------------------------------- Chairman Johnson. Without objection. Senator Hassan. Thank you. Here is what he says: ``The situation is critical. There is no electricity anywhere on the island, and only 40 percent of customers have running water. Hospitals are on the verge of collapse, and many have had to transfer all their patients to other overstrained facilities because they have run out of gas or diesel for their generators. Patients are dying in their homes because they cannot fill their prescriptions, do not have access to ice to keep their insulin cool, or cannot reach in time a dialysis center that has electricity. There are entire communities that the government has been unable to reach due to widespread landslides and debris. This is happening in America today. Unless we see a dramatic increase in assistance and personnel reaching the island soon, many thousands could die.'' So, Secretary Duke, I would like to ask you to respond to Governor Garcia's email and also in your response talk to us about what kind of planning about assets being deployed to Puerto Rico was made before the storm hit. We knew the storm was coming. We knew they had been glanced by Hurricane Irma and not hit as badly as some others by Hurricane Irma. But, here we are with a really dire situation, and my friend, the former Governor, says, ``We need the Army and the National Guard deployed throughout the island now, today. This cannot wait another day. Despite Federal Agencies coordinating in San Juan, there is very limited presence of military personnel assisting people in the streets and throughout our communities.'' So, Secretary? Ms. Duke. The President, Vice President, and I talked with the Governor yesterday, and that was about 1 o'clock, and he had no unmet needs at that point. So I will followup with him again, but I have offered to him, you know, to reach out to me directly in addition to our FEMA Administrator. There are challenges in getting to the outer parts of the island because the debris removal, the landslides are so strong. What we have done that is significant in addressing those specific concerns, we are using the DOD to now help with distribution. That generally is something that the Commonwealth would do itself, but we have heard stories of shortages. We have also heard stories of extortion. And so, to avoid that and make sure that the critical resources get to where they need to, we are using DOD for that as of yesterday afternoon. Senator Hassan. Well, thank you for that response, but I have to tell you that I know others have been in contact with the current Governor of Puerto Rico as well, and they are not hearing that all their needs have been met. And so, we have American lives at stake here, and I would urge you and the Department to do everything you can. And, I am concerned about why there were not more assets on their way to Puerto Rico as soon as the storm hit. We are almost a week out now. Ms. Duke. Absolutely. And, we have been air-dropping. It is a challenge, and we will never stop and we will never be satisfied. So, I agree with you, Senator. Senator Hassan. Well, thank you. I have a number of questions on homeland security, but given my time, I will yield back the remainder and wait for the second round. Thank you. Chairman Johnson. Thank you, Senator. Senator Peters. OPENING STATEMENT OF SENATOR PETERS Senator Peters. Thank you, Mr. Chairman, and thank you to our witnesses for being here today. I think that some actions by the administration, such as the travel ban as well as some very divisive rhetoric that we have heard coming out of the administration, have consequences, and sometimes very significant consequences. Beginning at the end of last year, we have seen a spike in anti-Muslim incidents in my home State of Michigan. We have seen a rash of bomb threats against Jewish community centers in Michigan as well, as well as across the country. That is why my colleague on this Committee Senator Portman and I wrote a letter together calling for the DHS and the DOJ to address these incidents and to provide the communities with the resources that they need to deal with these incidents. The letter was signed by all 100 Senators. Every one of the colleagues of the Senate believed that this is something that we have to address. And, make no mistake, I think that some of the darkest elements in our society have become emboldened, and we need to look no further than the white supremacy protests in Charlottesville as well as other activities across the country to bring this to our attention. So, I want to follow up on a question by Ranking Member McCaskill to Mr. Wray. I know the question was how many agents do we have related to domestic terrorism versus international terrorism, but maybe I will ask a broader question. What are the resources, what are your budgets? I will start with you, Secretary Duke. What is the budget in your Department for domestic terrorism versus international terrorism? Ms. Duke. We have no specific delineation in the budget for domestic terrorism versus international terrorism. We do believe that homegrown violent extremists (HVEs) who are persons in this country with an international nexus or motivation are our biggest threat, but we are looking at both the homegrown violent extremists and the domestic terrorists, but no specific delineation. Senator Peters. Director Wray. Mr. Wray. Senator, my answer is similar. We do not have in our budget allocations between specific types of terrorism. We do have allocations of agents and other resources to counterterrorism, and we tend to move agents and other analysts sort of seamlessly between squads depending on the particular time period, the particular field office, depending on the threat assessment in that community. Senator Peters. In your response to Senator McCaskill's question, you can provide that information to us so we can get a sense of how those allocations are occurring? Mr. Wray. Let me see what information we can provide to be helpful, yes. Senator Peters. I would appreciate it. Mr. Rasmussen. Mr. Rasmussen. I have no responsibility for domestic terrorism. The legislation that created NCTC specifically made clear that we were not to engage in tracking or analyzing threats related to domestic terrorism. Senator Peters. All right. Thank you. It is also my understanding that, unlike international terrorism, we currently do not have any domestic terrorism legislation or statute. Do you think this legislation may be something we should consider, Director Wray? Mr. Wray. Senator, I am aware of ongoing discussions about the possibility of a domestic terrorism statute. As you correctly note, there is not a domestic terrorism crime as such. We in the FBI refer to domestic terrorism as a category, but it is really more of a way in which we allocate, which agents, which squad is going to work on it. I will say that in the domestic terrorism context, just like the international terrorism context, we take very much the approach that we are going to use all the tools at our disposal. So, a lot of the domestic terrorism cases that we bring, we are able to charge under gun charges, explosive charges, all manner of other crimes. We also work a lot with State and local law enforcement who can sometimes bring very straightforward, easy-to-make cases, homicide cases, things like that. So, we have a lot of tools. We can always use more tools, and it is something that I am looking forward to learning more about. Senator Peters. Secretary Duke. Ms. Duke. Yes, we take both seriously, and oftentimes when we encounter an act of violence, we do not know if it is internationally motivated or domestically motivated. So, we take every threat and every act of terrorism, every act of violence with a motivation very seriously. They have a commonality in hate. It is just where their motivation comes from, an external international terrorist organization or internally. But, as was correctly said, the occurrences are stronger. We are trying to do it both from law enforcement through the FBI, but also through education programs to try to help communities be able to respond to it and be able to counter it. Senator Peters. Thank you. Chairman Johnson. Are you ready? Senator Carper. OPENING STATEMENT OF SENATOR CARPER Senator Carper. How is it going? We are glad you are here. Thank you. Thank you very much for your service and for joining us today. I do not know that this has been covered. My guess is it probably has not been, although we have covered what I am about to ask many times. But, Ms. Duke, I am going to ask maybe for you to start off. The President has indicated a willingness to find common ground on legislation involving legalizing the status of Deferred Action for Childhood Arrivals (DACA) students in this country. He is interested in our doing some more work on border security. And, he has had an ongoing interest in a wall. But, I have had the opportunity to travel to the border with some of my colleagues, a number of my colleagues, with your predecessor, the Secretary, now the President's Chief of Staff, with former Secretary Johnson and others. And, I believe there are some places where a wall actually makes sense, but if you think about all the distance between the Pacific Ocean and the Gulf of Mexico, it does not make sense in a whole lot of places, and I think you know that. There are places where fences make a lot of sense. There are places where roads make a lot of sense, roads especially along walls or fences. There are places where boats make sense. There are places where boat ramps make sense. There is a fair amount of use of helicopters, fixed-wing aircraft, drones tethered to aerostats, dirigibles, stationary towers, mobile towers where they make sense. I used to be a naval flight officer (NFO) for many years, P-3 aircraft mission commander, and we did surface surveillance, subsurface surveillance, but we also on occasion would be tasked to do search and rescue. And, we put 13 guys in an airplane, fixed-wing aircraft, a couple thousand feet off the water, with binoculars to look for a life raft, and we were not often very successful. So, the idea of putting whether it is fixed-wing or helicopters or drones out there without--or towers or tethered dirigibles out there without really sophisticated surveillance technology to enable us to see at night, during bad weather, and for long distances into Mexico, if we do not have the surveillance technology on board, that does not make much sense. I have seen places on the border where horses make sense and you have really high grass and you get the Border Patrol agents up on a horse, and they actually do their job better. There are places where intelligence, better intelligence, information sharing makes sense. The other thing that we have heard about here and in a number of hearings is that old story, needle in the haystack. It is hard to find those needles. You can make the needles bigger. If you have the right kind of surveillance equipment, you can actually make the needles bigger. But, it is also helpful if you make the haystack smaller, and that might be by making sure that fewer people come, feel the need to flee Honduras, Guatemala, and El Salvador to come to our country, and that would make the haystack smaller. The last administration has been a strong proponent--and it has gotten bipartisan support in Congress--to actually address root causes of folks in Honduras, Guatemala, and El Salvador trying to get out of their countries, flee the murder and mayhem that threatens their lives and safety too often. And, the idea to find out what works, use something that has worked in the past, Plan Colombia, which we worked on for 20 years, has helped transform Colombia. They have had to do most of the work. We have helped. I like to say it is like at Home Depot: ``You can do it. We can help.'' That is a menu of options, if you will, to help secure our borders, and I just want you to direct at some of those--do any of those make sense to you as our Acting Secretary? Ms. Duke. Yes, they all make sense, to be honest, Senator Carper. We are looking at not only in between the points of entry but at the points of entry, through information sharing and vetting and credentialing. Our goal is to keep bad people out and to keep the illicit movement of goods so that we are not funding transnational criminal organizations, and that is the goal. And, how that happens, we are open to doing that. I offered to talk about reform bills with any member and let you know how operationally we think it would play out, and I reaffirm that offer. In terms of the Northern Triangle and Mexico, I am in dialogue with all of them and working through some international banks to also look at that. How can we make it so people want to stay in their countries, which is the ultimate goal? And, those discussions are ongoing. In fact, we had a meeting on it this week and looking at setting up a forum. So all of them. Senator Carper. Any quick comments, Mr. Wray? Nick, any quick comments before--my time has expired, but just very briefly. Mr. Wray. Well, I would just share Secretary Duke's view that we have to have a multidisciplinary approach which I think is built into, I think, your well-taken question. Senator Carper. All right. Nick. Mr. Rasmussen. Again, the responsibility of the intelligence community is to provide the best possible service to those who actually carry out the screening and vetting of individuals trying to come into the country. We take that responsibility very seriously. We have made business process improvements in how we do that, but there is more work to be done for sure. Senator Carper. All right. Thank you all. Chairman Johnson. Senator Harris. OPENING STATEMENT OF SENATOR HARRIS Senator Harris. Secretary Duke, in response to Senator Lankford's question about the Jones Act, you indicated you were not aware of any requests, that you were informed because you read it in the clips this morning. That troubles me. I am informed that there have been at least two requests: one from eight House Members led by Congressman Velazquez and another by Senator McCain. So, I am troubled because if you are unaware of those requests, it suggests that there is not a sufficient priority for Puerto Rico in your agency. Is there someone under you other than the FEMA Director who is responsible to reporting directly to you the status of your agency's work in Puerto Rico? And if so, can you give me the name of that person? Ms. Duke. We have the request from Congress, so if I misspoke, I apologize. We have the letters from Congress. Those go to Customs and Border Protection. We do not have any requests from industry, which is where they typically come from. Senator Harris. Is there a person under you who is responsible for reporting directly to you about the status of your agency's work in Puerto Rico in addition to the FEMA Director? Ms. Duke. No. Senator Harris. Can you please put somebody in place that can be responsible for responding to requests from Congress about your activities as it relates to the Jones Act or any other work in Puerto Rico? Ms. Duke. Yes. Senator Harris. And, you will follow up and give us a name? Ms. Duke. Yes. Senator Harris. And then, on the issue that Senator McCaskill raised, I was troubled to hear, Director Wray, but thankfully you are on top of it, that your agency has 1,000 open investigations on domestic terrorism, 176 arrests for domestic terrorism. The FBI and DHS issued a joint intelligence bulletin in May of this year where you indicated, ``White supremacist extremists will likely continue to pose a threat of lethal violence over the next year.'' So, Mr. Chairman, I am requesting that we open an investigation, a congressional investigation into this issue. According to the joint bulletin, the FBI and DHS define white supremacist extremists as ``individuals who seek, wholly or in part, through unlawful acts of force or violence, to support their belief in the intellectual and moral superiority of the white race over other races.'' I believe that this Committee has done a great job of conducting congressional investigations when we have found that there are Americans who are at risk of harm and violence, and so on this matter, I would ask that we do a similar investigation. Chairman Johnson. Request noted. Senator Harris. Thank you. On the issue of DACA, Secretary Duke, on September 5th you issued a memo rescinding the original June 15, 2012, memo which established DACA. And. to rescind DACA, you indicated that recipients will have some period of time in order to apply. I am told by folks who are working with renewal on the ground that they have seen a slowdown in DACA recipients reapplying. Are you prepared to extend the amount of time that they will have? Ms. Duke. We have had no requests. I did talk to one Senator about a potential need for an extension, but we have had no indication from DACA recipients that they are having trouble. We did check the system to make sure it is an easy system to reapply, and they do not have to reproduce their documents. Senator Harris. Have you convened or had a meeting at all and input from the community folks who are working on the ground to get information from them? And if not, I would request that you do that so you can get a complete picture of what is actually happening on the ground. But, I will tell you from the perspective of California, these young people are terrified. They are terrified. They were told by your agency that if they submitted this comprehensive information about their background and their status to apply for DACA, that that information would not be shared with Immigration and Customs Enforcement (ICE). I have asked you, I asked the former Secretary: Are you willing to keep America's promise to these young people and not share their information with ICE? Can you answer that question finally? It has not been answered the many times I have asked. Ms. Duke. I cannot unequivocally promise that, no, but I do know that---- Senator Harris. So we will not keep our promise to these children and these young people? Ms. Duke. I am not familiar with the promise that was made to these children, but I do know that having them on 2-year non-renewable suspensions is not the right answer, and I look forward to working with the Congress in coming up with a better solution. Senator Harris. OK. And, I will submit for the record\1\-- and I will give you a copy of the document--where the U.S. Government told these young people when they applied for DACA status that we would not share their information with ICE. You have not seen this document? --------------------------------------------------------------------------- \1\ The information submitted by Senator Harris appears in the Appendix on page 161. --------------------------------------------------------------------------- Ms. Duke. No, I have not. Senator Harris. OK. I will give a copy to you. I have it here, and I will give you a copy. I think I presented it to you, and certainly the person that received it before. Ms. Duke. OK, and I will get you an answer. Senator Harris. And I would like that answer before the end of the week, please. You also indicated when you last testified before us that, in terms of the seven new enforcement priorities, they were in descending level of priority. Following your testimony before this Committee, the former Secretary said that there was no priority in terms of that list. So, which is the policy of your agency? And, how have you instructed the people on the ground about what are the enforcement priorities of your agency? Ms. Duke. Those are enforcement priorities; however, an ICE agent is not restricted from apprehending anyone who is in violation of law. Senator Harris. There are seven enforcement priorities. Have you instructed the agents on the ground about which are the highest enforcement priorities versus the lowest, given that with all Agencies, and certainly yours, you have limited resources? Ms. Duke. Yes. Senator Harris. Can you give that information to me, please? Ms. Duke. Yes. Senator Harris. Now? Ms. Duke. Oh, now? Senator Harris. Yes. Ms. Duke. We have the DHS policy, and then we have the ICE policy. And, they all say that these are the priorities for enforcement. If there is any targeted enforcement, they are against the priorities. However, if an ICE agent encounters someone that is not a priority but is still an illegal immigrant, then they would be apprehended also using the discretion of the ICE agent. Senator Harris. Mr. Chairman, I see my time is up. I will resume this in the second round. Thank you. Chairman Johnson. OK. Thank you. And, just real quick, following up on your request in terms of an investigation on white supremacists and domestic terrorists, I met with Director Wray prior to this meeting, prior to this hearing, and just confirm this. You said you had about 1,000 active investigations on basically white supremacist domestic terrorists, about 1,000 ISIS-related. Just kind of confirm that that was accurate. But, also, do you take the threat of white supremacist terrorists or violent extremists any less seriously than you do those perpetrated potentially by ISIS? Mr. Wray. No, we do not. We take both of them very seriously. Our focus is on violence and threats of violence against the people of this country, and that is our concern. It is not ideology or anything else. It is the danger and the violence of the threats toward people in this country. On the number, the other part of your question, it is also true that we have about 1,000 open ISIS-related investigations at this time as well. So, we are very busy. Chairman Johnson. And, except for the difference in the nexus to foreign fighters and the international connection there, is there any difference in your investigation techniques, your prosecution techniques, what you charge white supremacist violent extremists with ISIS-related violent extremists? Is there any difference in that approach? Mr. Wray. I would say in most ways they are similar. Probably the biggest difference is the one that Senator Peters elicited, which is that there is not a domestic terrorism offense as such like there is a material support to foreign terrorism provision. And then, of course, there are certain tools, investigative tools, like Foreign Intelligence Surveillance Act (FISA) that is only available for foreign offenses. Chairman Johnson. OK. Thank you. Senator Hoeven. OPENING STATEMENT OF SENATOR HOEVEN Senator Hoeven. Thank you, Mr. Chairman. I would like to thank all the witnesses for being here today and start with Secretary Duke. Secretary Duke, in your testimony you noted that DHS lacks authority to counter threats from unmanned aerial systems (UAS). In my State we are very involved with UAS, also with Customs and Border Protection using UAS on the border. We have one of the six test sites there for development of unmanned aircraft. So, talk to me about--can you describe in some greater detail the domestic threat of unmanned aircraft and what authorities you do not have, what authorities you should have, and what we can do? Ms. Duke. We are seeing an increased use of drones. They could be for surveillance, they could be for bringing illicit materials, or they could be for acting violence. What we lack are some of the signals--the ability to interdict, if you will, the signals so that we can try to determine if this is a friendly or foe-type drone. And so, we are not the only ones lacking that ability. I think because it is a new threat, the specific authorities to monitor these drones does not exist generally. Senator Hoeven. Would it be possible for you to get me something that would give me some, I guess, direction in terms of what would be helpful to you to understand how you could better try to monitor those drones, again, with reasonable protections for civil liberties and those kind of things, but maybe some information that you could provide us---- Ms. Duke. OK. Senator Hoeven [continuing]. In determining how we could craft authorities that might be helpful in that regard. And, are you talking primarily on the border, or are you talking other locations as well? Ms. Duke. It could be other locations as well, but they would be primarily in the border for us. Other agencies have different types of problems, but we would be looking primarily from the border States, across the border States. Senator Hoeven. OK. And, Director Wray, same kind of question to you. What are you doing in this area? Again, we have a test site where we are developing these capabilities, and this may be something that we can work on on the test site. So, from the FBI's perspective, can you address drones and the threat they present? Mr. Wray. Senator, I welcome the question. It is a topic that we have been discussing a lot lately. I think we do know that terrorist organizations have an interest in using drones. We have seen that overseas already with some growing frequency, and I think the expectation is it is coming here imminently. I think they are relatively easy to acquire, relatively easy to operate, and quite difficult to disrupt and monitor. So, that is something that I would welcome working with the Congress as well as with the other Agencies to try to figure out a solution. Senator Hoeven. Do you have a group of any kind that is working on this issue right now? Or what are you doing in regard to unmanned aircraft and the threat they present? Mr. Rasmussen. I can jump in there, Senator. Senator Hoeven. Sure. Mr. Rasmussen. I know starting with the intelligence that Director Wray talked about where we saw ISIS and other groups using these capabilities overseas on the battlefield in Iraq and Syria, we brought the community of intelligence professionals together in Washington to try to present a clear picture that we can then share with State and local partners around the country and begin to explain at least the tactics and techniques that individuals might use to try to bring harm to communities. That can be dropping small explosives the size of a grenade. It could be dispersal of toxins potentially. So, sharing that information is a first step. The next step is to begin to think about true defensive measures that either we employ as a Federal Government or recommend to State and local governments that they could employ at manageable cost, and that is a process, I think, that is underway. There is a community of experts that has emerged inside the Federal Government that is focused on this pretty full-time. Two years ago this was not a problem. A year ago this was an emerging problem. Now it is a real problem, and so we are quickly trying to up our game on this. Senator Hoeven. I might ask then, Director, who is taking the lead? Are you taking the lead in that effort? Is there some coordinating mechanism across law enforcement agencies to develop a strategy and implement it? Mr. Rasmussen. I do not know yet that we have designated a single agency lead. We are trying to simply right now catalogue who all has capability to bring to bear against the problem, because it will not just be the law enforcement community. It will, of course, be the broader community involved with aviation that will have equities here as well. So, what I am talking about is trying to do a better job of convening everybody in the Federal Government who has a stake in this and a capability to bring to bear. That work is underway. Senator Hoeven. Are you doing that? Mr. Rasmussen. I am participating in that. I am not leading the---- Senator Hoeven. I am trying to understand who will be the lead. Mr. Rasmussen. I will get you an answer on that because I do not know who is the true belly button on this. Senator Hoeven. Yes, and I am just trying to find out who you all think would be a good lead person for us to interface with to try to do this in the best way. It is just getting your recommendation, not trying to trip you up or indicate you have not done something. I am just trying to find out what you all think would be the best place to get a lead to work on it. Mr. Rasmussen. Well, I will certainly come back with a more thoughtful answer on where the best place to plug in with a lead is. Senator Hoeven. Thank you. Any other thoughts? Ms. Duke. I was just going to say that we have started talking about this with the National and Homeland Security Council. This is an interagency process, and I think that would be the best process to come up with a Federal position. Senator Hoeven. And, we will follow up with both of you, as well as Director Wray, and just try to find a good lead and make sure we are helping in the effort. Thank you. Chairman Johnson. Senator Tester. OPENING STATEMENT OF SENATOR TESTER Senator Tester. Thank you, Mr. Chairman. I want to thank the members of the panel for being here. I apologize. I have a committee, a committee, and a committee today. Guys, I appreciate your service, but I am not going to ask you any questions. They are all going to go to Ms. Duke. Do not hold that against me. Elaine, during the omnibus, 2017 omnibus, we put language in that to require a report to be sent back to Congress by August 4th talking about the most effective solutions for the Southern border. We have yet to receive that. First of all, do you know about that, number one? And, number two, can you give me a timeline when it is going to be here? Because, funding season, actually we are beyond it. We may be dealing with that funding bill next week, so it is really important that we know that. As Lamar Alexander said, we are not going to cut you a blank check, so we need to know what that plan is. Ms. Duke. I do know about it. I am supposed to receive it next week, and earlier I said within the next month. If you have any specific needs as you deal with the funding bill, then we can work with you on that. Senator Tester. I am glad you brought that up. I mean, it is supposed to be a comprehensive report. That means that you are going to look for the most cost-effective ways to make that Southern border secure. That means that the politics of a wall should not be in the picture. It should be about what you guys believe are the best options to make that border secure. And, we should not be backing into anything. We should be looking forward and giving us ideas on what you want and what the potential cost is. And so, that is what I need, and not on 80 miles of the border but on the border. And so, are we on the same page? Ms. Duke. Yes, absolutely. What the Border Patrol needs to secure the border is what we are focused on. Senator Tester. Yes, well, I think it is just really critically important. I do not think there is anybody in Congress that does not want secure borders. But, the last proposal that came in on an informal meeting was $24 million a mile for a wall, and I am one that does not--I do not think the wall is the most effective way. We have technology out there. It does not have stranded costs of land on the other side of a potential wall. And, by the way, you can tweak technology to make it work more and more effectively. So, I just hope we get a good, comprehensive look on what is needed. You guys are the pros. You guys are the folks that are on the ground. We need an unbiased political opinion on what is best for this country, because it is a lot of dough. So, thank you for that. Earlier this year the President's budget sought to eliminate the TSA law enforcement in our airports, over 300 nationwide. I do not understand what went into that thought process, and I am certainly not blaming you because it was drafted long before you were in this position. But, airports large and small would have fewer people on the ground, and it would burden airports with an unfunded mandate, which, by the way, I do not believe they have the resources to be able to fund. We have seen plenty of tragedies that have emanated from airports around the world and in this country. What is your position on this? You know what answer I want, but I want to know what is in your head. Do you believe that funding TSA in our airports is a critical component? And, what has been your conversation with the folks--and I know you are Acting--above you on this issue? Ms. Duke. DHS' position is that we try to look at what expenditure of funds brings the most value to aviation security. Some of the reductions that were put in the budget like having someone posted at the exit, those type of things, behavioral recognition as a stand-alone function, were ones where we either do not have evidence that they are successful or that we feel like they are lower risk than other types of protection. We believe in TSA. We have to be more efficient. We are looking at technologies to do that so it is not just human- intensive. But, it is an ongoing process, and we have to continue to refine it. Senator Tester. I appreciate that. I will just tell you that the reimbursement program is really critical. And, by the way, I cannot thank you enough to look at where you get the most bang for the buck. But, security costs money. I think you would agree on that. Ms. Duke. Yes. Senator Tester. We have just got to figure out how to do it better, and I just think that this could be the epitome of shooting oneself in the foot. Thank you all very much. Thank you for your service. Christopher, next time around we will do some good stuff. Same thing with you, Mr. Rasmussen. So, thank you all very much. Chairman Johnson. Senator Daines. OPENING STATEMENT OF SENATOR DAINES Senator Daines. Thank you, Chairman Johnson. Director Wray, cyber terrorism is an emerging threat that has become all too real in Montana. In fact, just 2 weeks ago, the Columbia Falls School District received cyber threats promising harm and demanding ransom. This forced the closure of more than 30 schools across multiple school districts, affected over 15,000 Montana children. It is unprecedented. We have not seen that before in my home State of Montana. The culprit has been identified as the ``Dark Overlord,'' an overseas criminal organization. Mr. Wray, are you aware of these cyber threats? And, is the FBI investigating? Mr. Wray. Yes, Senator, we are actively involved in the matter that you are referring to in Montana. I want to be careful not to discuss an ongoing investigation, but I will tell you that I could not agree more that this concept of ransomware, cyber terrorism, the various variants of it that are hitting, and I think the example in your State illustrates that it is everywhere now. It is no longer just ransomware to, a big Fortune 500 company. It is hospitals; it is schools in your case. So, it is a threat that is growing. We have a lot of matters ongoing related to it. In some cases we have indicted ransomware authors. In other cases we have what is called ``sinkholed'' them, which is redirect them essentially into the hands of law enforcement. But, make no mistake, it is a very serious threat, and it is growing. Senator Daines. So, I understand it is an active investigation, and you are limited in providing details. However, looking back at the big picture, what is the FBI doing to attribute these cyber crimes and help bring these criminals to justice? Mr. Wray. There are a variety of technological things we can do. We are also working with partners to try to exchange information to help identify sort of telltale signs that may help us link back to particular organizations. I think one of the things we are seeing more and more in this area as much as any other is how the stuff transcends boundaries, and so some of the same organizations are targeting victims in other countries as well. And so, we are really working more and more with our partners to try to see if we can have their two plus our two to get more than four, to get five and six so that we can really deal with these otherwise very elusive foes. Senator Daines. Ms. Duke, as you mentioned, General Kelly in his short time at the helm drove down illegal immigration and boosted Department morale. I think one of the underreported stories in this country is what you have seen in terms of the apprehensions and the decline of crossings coming across our Southwest border. General Kelly sat right where you all are sitting awhile back and shared some of these remarkable improvements, quantifiable reductions of 60 or 70 percent. And, I have confidence that you will continue on that trajectory. These recent cyber threats that I described here with the Director have Montanans shocked. They are nervous. It hits right at the core of who we are, our children. But, as you mentioned in your testimony, Americans will not be intimidated or coerced. You also briefly touched on identifying and punishing those who exploit cyberspace. What efforts has DHS taken to improve attribution capabilities? Ms. Duke. If I could real quickly, we went up six points in the employee survey this year, also, so that was another good- news story, a tremendous amount of work---- Senator Daines. I know they greatly respect and appreciate the emphasis on enforcing the law and law and order, so thank you. Ms. Duke. Thank you. So, we are working a lot with the critical infrastructure. Cybersecurity has to start with those that own the systems, and so what we are working on is, through our monitoring and our diagnostics, protecting not only the Federal systems but alerting and keeping the critical infrastructure, the private sector aware of threats that might come out. So, we do information bulletins. We do those types of things. Recently, one of the more severe actions was a binding operation directive on specifically a significant threat in terms of the Kaspersky software. So, it depends on the situation. We work closely, we sit with the FBI, so there is a seamless--from just countering it as just a bug to it being a criminal activity. Senator Daines. OK. Thank you. Chairman Johnson. Thank you, Senator Daines. Director Rasmussen, last year, prior to your testimony, Central Intelligence Agency (CIA) Director Brennan testified before the Senate Intelligence Committee, and his basic quote on ISIS was that, ``All our efforts have not reduced the group's terrorism capability and global reach. ISIS remains a formidable, resilient, and largely cohesive enemy.'' A month or two later, in your testimony before this Committee, you said, ``Despite this progress, ISIS' ability to carry out terrorist attacks in Syria, Iraq, and abroad has not to date been significantly diminished, and the tempo of ISIL- linked terrorist activity is a reminder of the group's continued global reach.'' To paraphrase your oral testimony today, you basically said that the capacity or capability of ISIS has not been mitigated, they remain resilient. Is that pretty much your feeling, that even though we are making great gains--and we have been--I mean, we really are denying that territory, destroying that caliphate. Is their global reach undiminished? Mr. Rasmussen. Their global reach remains profound. I would make one distinction, though, and one thing that I think that I pointed to this year that was not on the table last year is we have seen a reduction in the ability of ISIS to be able to actually direct and command and control attacks from their safe haven in Iraq and Syria. That is the good news. The bad news is that they have shown an expanded ability to be able to inspire individuals to take the kinds of actions that we have seen in places across Europe and potentially even inside the homeland here. There is a good news/bad news element to that. Obviously, attacks that are driven by an organization under a command-and- control structure involving all the resources of that organization can be larger and more complex and more lethal. But, that is not to minimize the lethality that comes with a lone individual who may have acquired a firearm or developed an explosive device. So, I do not want to overstate the degree to which our threat condition is significantly mitigated by having these inspired plots as opposed to these directed plots. But, the underlying point in my testimony was it is going to take a longer period of time than we would like to mitigate the threat condition posed by ISIS. Battlefield success is necessary. It is coming. It is happening. It just is not going to produce the results we want from a threat perspective as quickly as we would like. Chairman Johnson. Also last year, Director Comey testified that ISIS, ``They will not all die on the battlefield in Syria and Iraq. There will be a diaspora sometime in the next 2 to 3 years unlike we have ever seen before.'' About a month or so ago, you had a different assessment on that. Can you talk a little bit about that? Are we not seeing that spreading? Mr. Rasmussen. I think we have come up with a more nuanced assessment just based on what we have seen with data over the past couple of years, and that is, more of these individuals who have gone to fight in Iraq and Syria are deciding to stay in the conflict zone to fight and ultimately in most cases die fighting to preserve their self-declared caliphate. What we expected when we saw that large inflow of foreign fighters was at some point to deal with a large outflow. That outflow is coming. It is, in fact, in some ways already happening, but it is not nearly as large in volume as perhaps we anticipated. That is a good thing that we are not going to have to deal with thousands and thousands of foreign fighters departing the conflict zone. I would say, though, quality matters here. Quality matters in some ways more than quantity. The wrong set of individuals who escape from the conflict zone in Iraq and Syria, if they have a particularly specialized set of skills or a particularly full Rolodex or deep connections into an extremist community in Europe or even potentially here inside the United States, they could pose a significant threat to us. But, volume is not what we expected it to be. Chairman Johnson. And, if they have safe havens. I mean, are we seeing them move to Libya, to Afghanistan, where, again, they have safe havens? Mr. Rasmussen. In some cases, yes, but, again, not in large volumes. But, there are other conflict zones where some of these fighters are looking to move. Chairman Johnson. Director Wray. Mr. Wray. Mr. Chairman, I would just add one related point, which is I think we are starting to see some of the people who we previously thought would have traveled to fight over there being encouraged, because of the way things are going on the battlefield, to stay put in their respective countries. So, it is a variation on what I think Director Comey was referring to. Chairman Johnson. In my office earlier, Director Wray, we were talking about how our priority as a Committee is border security, cybersecurity, critical infrastructure. We talked about cybersecurity almost being above everything else. I mean, it is infiltrating and fueling all these other threats. The other thing we talked about--and this is a concern, too--is because that cyber capability, because of the Internet connecting everybody, for good and for ill--let us talk about the ill. The cooperation between potentially terrorist organizations, drug cartels, transnational criminal organizations, can you just describe how we are seeing that witch's brew being developed because of the Internet? Mr. Wray. I think what we are seeing, Mr. Chairman, is a blurring between different kinds of threats, so we are seeing in the counterintelligence arena nation-states enlisting the help of hackers for hire, for example. We are seeing transnational criminal organizations veering more into what would previously have been thought of as cyber crime. And, throughout all of the different types of threats we are facing, because more and more of it is online, encrypted platforms, etc, the modality of the threat is changing across all of them. Chairman Johnson. Thank you. Senator McCaskill. Senator McCaskill. We used to have a joke about the FBI when I was the District Attorney (D.A.) in Kansas City, and that was, if you wanted to get information out of them, you better make sure you had something they needed, because sometimes it was very difficult to open up the lines of communication, even among everyone who is doing the same work. So, when I read the Inspectors General reports\1\ in March that reviewed the ability of the intelligence community, DHS, and Department of Justice in terms of how well they are sharing information and really indicted all three parts of our government that are responsible for going after counterterrorism, that you are not doing a very good job of sharing information. --------------------------------------------------------------------------- \1\ The report referenced by Senator McCaskill appears in the Appendix on page 75. --------------------------------------------------------------------------- I understand the nature of this problem because you want to hold on to stuff that you do not want people to know that could misuse it or leak it, but I think it is really important. We have been talking about sharing information since the fires were still burning in those Twin Towers and how we are going to do it better and more effectively. And, this is not even the age-old problem of local versus Federal sharing of information. This is Federal to Federal. Can you address what the three of you are doing right now to look at the recommendation made by these Inspectors General from the three parts of the government that should be working together hand in hand? Mr. Wray. I will go first. So, Senator, I would say first as to the Inspector General, he is somebody I have known and worked with for a long time. I had a one-on-one meeting with him early, I think within the first week of my arrival on the job, to try to learn what issues I needed to be focused on. And, I am continuing to try to evaluate that recommendation as well as a number of others. I will say on the information-sharing front that to me, as somebody who was in Government on 9/11, around for all the discussion of information sharing that you are referring to, that while we clearly have a long way to go, I have a little bit of the perspective, having gone and come back, and I will tell you it is so much better now than it was before. I mean, it is light years. Walking around going into field offices, seeing people from DHS collocated with people from the FBI, people from the CIA collocated with the FBI, every meeting all my folks want to talk about is the great relationships they now have with this agency, that agency. So, can we get better? Absolutely. But, I do want to reassure you that great progress has been made on this front. Senator McCaskill. That is terrific. Do we have a specific plan on implementing the recommendations? Secretary Duke. Ms. Duke. We are focused--there has artificially--I agree with Director Wray that it has improved. There was an artificial separation between law enforcement and the intelligence communities that we have had to overcome. One of the major areas we are very close to overcoming is on vetting, and we have come up with a model that should be finalized very soon that will allow absolute clear sharing of information when it comes to vetting of persons, which is one of the most important areas to us, and that is what we have been focused on. Senator McCaskill. I have been worried about how long it has taken us to notify the States about the potential efforts to scan voter registration files in their States. I am even more concerned, once I realized that one State was notified--I believe your State was notified--that this had occurred, and then the next day there was another callback to say, well, no, it did not occur. I assume that you all agree that we are still at risk--just speak up if you disagree that we are still at risk from Russia trying to interfere in our elections and election processes. And, if you all do agree with that, what is our strategy going forward? How are we going to do what needs to be done to notify the American public if this is going on and prevent it from actually happening in all of these various ways that Russia played around in our democracy? They do not even understand what a democracy is in Russia. And, it is pretty nervy for them to do this, try to break the backbone of democracy. And, they are doing it in a variety of ways. I just want to make sure that you all are preparing for this next year and have a plan. Ms. Duke. Yes, in terms of the notification, we notified the States back when the intrusion occurred. What we learned from that and what we are correcting is that we notified the system's owners, and that did not necessarily notify the right senior officials that need to take action. So, that is corrected. And, I know that our counterparts here are working on the identification and attribution pieces. Senator McCaskill. Are you ready for next year? Mr. Wray. Senator, we are spending an enormous amount of time talking about this very subject. We are surging more resources specifically focused on the upcoming elections. We are collecting more intelligence. One of the things we know is that the Russians and other State actors are trying to influence other elections in other countries as well. So, that is one of the places where those partnerships have become so important because we can exchange information about tradecraft, methods, capabilities. We are also in the FBI looking at this as a multidisciplinary effort not just across agencies but even within the FBI multidisciplinary. So our counterintelligence and our cyber people are working together on it. Those are a few examples. Senator McCaskill. I know I am over time, but just--and if you need to take this for the record, just one more. Is somebody looking at the dark money that is going into these political campaigns? We have the ability of people to give money and never be identified publicly to influence campaigns, millions and millions of dollars. Is somebody at the FBI going through all of these so-called super Political Action Committee (PACs) that can take money without attribution to the public and seeing where their money is coming from? Mr. Wray. Senator, let me see if there is something I can provide you in writing after the hearing. Senator McCaskill. Yes, because, the notion that nobody in public ever gets to know where this money is coming from, that is like tailor-made for Russia, and that is where the majority of the money is being spent in our elections right now, sadly, as a result of Citizens United. Chairman Johnson. Senator Lankford. Senator Lankford. Thank you. Director Wray, let me ask a question and just read something that comes off the FBI website. It says, ``Hate itself is not a crime, and the FBI is mindful of protecting freedom of speech and other civil liberties.'' So, what I am trying to figure out is a trend and a direction. I hear a lot about hate groups now, and we have always talked about hate crimes. So, what I am trying to figure out is: Is the FBI maintaining a list of hate groups that are under greater scrutiny? And if so, how is that list developed? Mr. Wray. Senator, we do a couple different things. Our focus is not on--we do not track movements or ideologies or groups that have specific beliefs. We focus on situations where--so from a terrorism angle, there are two different pieces of that. There is a domestic terrorism angle, for example, and a hate crime angle, and we do both. We focus on the threat of violence, and so there has to be proper predication for us to start an investigation. The FBI has a history that we try to be very sensitive to about not investigating people for their beliefs in this country. Senator Lankford. And, that is entirely appropriate and protected in the United States to have whatever belief you want to have, even if it is wrong. It is entirely appropriate. My question is: Are you tracking--does the FBI keep a list of hate groups, or do you outsource that to some other group? If I called the FBI and said, ``Who is on your list of hate groups?'' would there be a list? Mr. Wray. We have, I would say, networks of people that are working together, and then we have--so that is groups in that sense. I do not know that we would call them ``hate groups.'' But then, we also have certain--I think we have nine designated movements that we use as sort of identifiers for particular types of--it is just a way of categorizing investigations. Senator Lankford. But, it is a list the FBI has created, no outside group is creating that for you and sending it to you? Mr. Wray. Correct, absolutely. Senator Lankford. Thank you. Ms. Duke, let me ask you about entry-exit visas, and we have talked about it before as well on it. The report came out in May listing out people who have overstayed their visa from last year. We have 600,000 people in the country that have overstayed a visa, and we do not know where they are. So let me ask you a question from the 9/11 Commission, from something that is a decade and a half in the making here. There was a requirement to put in place entry-exit visa verification. If they come into the country, we know who they are. When they are leaving, we should be able to track and know when they leave and if they leave; and if they do not leave, to be able to go find them and to figure out why they are still here. How is that going? There is a pilot program that is underway. I want to know how that is advancing, if everything is on schedule. Ms. Duke. Yes, the pilot program that uses photos and biometrics is doing very well. Our next phase, which we are implementing now, is integrating it into TSA. It was only being used by CBP. And to date, that is the way we intend to progress. The pilot has proved itself successful so far in its limited application. Senator Lankford. OK. Full rollout will be by when? Ms. Duke. I would have to get back to you with a date on that, Senator. Senator Lankford. OK. That would be very helpful just to be able to get a feeling of when we are rolling out and how long this is going to take. This has been a request for a very long time of Congress, and I know you are walking into this and trying to help finish a project that is ongoing. But, it is one that is exceptionally important and continues to grow in importance. Ms. Duke. Agree. Senator Lankford. Let me ask a little bit about elections again. I had asked you before about any State request for onsite assessments, and you felt like any State that wants to get it, that you are prepared to be able to do it. I would tell you I have had this conversation before with DHS folks, and their statement to me was, ``If we had more than just a few States ask us, we are not personnel ready to be able to actually go help them in time for the 2018 elections.'' So, what I would like to do is have a longer conversation with you where we can walk through and see what you are going to need to be able to be at that point, because it has been my understanding in the past that DHS is currently not prepared to be able to fulfill requests as they are coming in. And, maybe requests are not there yet, but if 10 States all made the request at the same time, we could not make it in time for the 2018 election, and we have a lot more than 10 States that may make that request and try to figure out how we can get you ready for that. The other one is trying to get States--and what I am interested in is your perception, where States are right now in understanding the risk, as the notifications have gone back out again to individuals, and thank you for correcting who gets notified in States. That does make a difference in getting the message out. But, as that is going out, do States understand the significance of the cyber threats they face on their network, from their voter data lists, from the equipment that is there? Are they prepared to do an audit? And, again, I am not asking for the Federal Government to take over the States' elections. That is theirs. But, are they prepared to be able to do an audit where they can verify with paper and with electronic, if they use electronic, to be able to even audit after the election whether their machines have been hacked or affected at all? Ms. Duke. We have seen some more interest. There still are people, I think, artificially delineating between voter databases and election. And so, I would like to see more sense of urgency, but the cyber threats are at the forefront of us every day. Senator Lankford. All right. Well, if they get into a voter database and they delete people or they add people, you lose the integrity of the election at that point and people lose trust, because they show up and they are not registered to vote and they used to be, and now suddenly they are gone from a list because someone reached in and changed it. So, that does affect, again, just the sense of trust in the election, and we want to be able to maintain that and to be able to push back on the Russians or anyone that may try it next time, and to say not on our system, not ever. Thank you. Chairman Johnson. Senator Hassan. Senator Hassan. Thank you, Mr. Chairman. And, just to echo Senator Lankford's point, one observation I have is that DHS often has very good relationships with homeland security personnel and emergency preparedness folks in the States. The outreach to folks who run elections in the States is kind of a new thing for DHS, and I would urge you to marshal the resources that you have good relationships with in the States to try to foster that bridge to the election officials, because we all share this sense of urgency about 2018. I wanted to follow up on Chairman Johnson's very important question on the ISIS diaspora. Not all ISIS members are going to die on the battlefield, as you have all pointed out, and we are going to need a robust strategy for dealing with ISIS foreign fighters once the so-called caliphate truly fails. So that end, Secretary Duke, I want to ask you about ISIS teams of Homeland Security Investigation Officers that are now deployed to 30 U.S. embassies and consulates. These teams of law enforcement officers, which we call ``visa security teams,'' are trained counterterrorism professionals who aid the State Department's consular offices as they make decisions about whether to grant U.S. visas to foreign nationals. Given the chance that many ISIS foreign fighters will return to their home countries, it is going to be even more important that we have these visa security teams at more than 30 U.S. diplomatic posts where they are currently deployed. Can you commit to expanding the number of posts at which visa security teams are located? I should note that my staff is working with the Chairman's and Ranking Member's staff to do that, but is that something the Department can commit to us on? Ms. Duke. We are reviewing that right now, so I do not know if more--additionally, we are increasing vetting overall. But, that has been very useful to us. Senator Hassan. Well, we would look forward to working with you on that because I think there are a number of us that think that 30 is not enough, and we want to do everything we can to partner with you on that. I also wanted to touch on the issue of white supremacist and neo-Nazi threats. I want to echo my colleague from California's concerns. Mr. Chair, I think we need an absolutely thorough oversight effort in this regard focused specifically on the threats posed by white supremacists and neo-Nazis. I want to turn to you, Director Wray, because there are some complexities that go to domestic terrorism versus international terrorism. From an initial review, the FBI's ability to prevent and address acts of international terrorism appears to be very different from their ability to prevent and address domestic terrorism. For one, while domestic terrorism and international terrorism are defined in statute, as you pointed out, there is no criminal offense or charge, as I understand it, of domestic terrorism, although there is an international terrorism offense and charge on the books. Neal Katyal, the former Acting Solicitor General, said in a media interview that if the Charlottesville attacker had emerged from his car and announced that he carried out the attack in the name of ISIS, then he could have been charged with international terrorism. Is that true? And, would that be the case even though the attacker was American? Mr. Wray. We can charge ISIS supporters, whether they are American or foreign, under the various material support statutes and things like that. I will say, Senator, I just want to make sure that I am not confusing the Committee in some way about our effectiveness in the domestic terrorism space. Our approach in the terrorism arena in both international terrorism and domestic terrorism--and this is a product of the immediate post-9/11 era--is to look for every possible tool we have, and a lot of times the best charge may not--even in the international terrorism arena where we have a statute, may not be the terrorism charge. There may be reasons why it is simpler, easier, quicker, less resource intensive, and you can still get a long sentence with some of the other offenses. And so, that is really the approach we have been taking on the domestic terrorism front where a lot of times there are good, effective, very serious charges we can bring. And so, even though you may not see them from your end as a domestic terrorism charge, they are very much domestic terrorism cases that are just being brought under other criminal offenses. Senator Hassan. No, I do understand that, but I also am concerned about making sure that we are doing everything we can to go after these domestic terrorism groups who promote violence. So, I have just been trying to think through--let us say we had a case of neo-Nazism terrorism. As I understand it, the defining factor for a charge of international terrorism can be whether the ideology that is being espoused comes from outside of the United States. So, there is nothing American or inherently domestic about Nazis. So, if a neo-Nazi carries out a mass murder while yelling, ``Heil Hitler,'' that would certainly appear to be an ideology that originated from outside of America's borders. So, could they be considered international terrorists? Mr. Wray. Senator, I would have to think about that one a little bit. I am not sure that we would call that international terrorism, but we have brought neo-Nazi cases. We are going to continue to bring them when we have the proper predication and the elements of the offense. And, I have not been hearing from my folks that they feel hamstrung in that space. But, as I said to Senator Peters, we can always use more tools in the toolbox to try to be as effective as possible. Senator Hassan. Well, I thank you for that, and I think it just goes to the point that there are some real complexities here, and we want to make sure that we are giving you appropriate tools, recognizing the complexity of the domestic situation but also the real danger of these terrorist groups. With that, I thank all of you for your service very much and for being here today. Mr. Wray. Thank you, Senator. Chairman Johnson. Senator Carper. Senator Carper. Thank you. I apologize for being in and out. We have a bunch of hearings going on, and we also are on different committees, as you know. I am pleased to be able to participate, at least intermittently. My first question is not really a question. I just want to say something, and so I will just go ahead and say it. I had a good conversation with Admiral Peter Neffenger, who was our leader at TSA until earlier this year. A great leader. A great leader in the Coast Guard for years, as you know. But, I think it was on 9/11 this month, I think GAO released a report that found that TSA needs to take action to evaluate costs and effectiveness across its security countermeasures. The report from GAO found that TSA lacks some basic information to assess whether its programs are effective in deterring or detecting potential attacks on our aviation system. Under the previous administration, under Admiral Neffenger's watch, he and others worked to institute reforms at TSA. I thought they made a lot of progress, but they tried to institute reforms at TSA in order to improve detection capabilities, to improve training and workforce morale, speed screening, and partner with airlines and other private sector companies to invest in the 21st Century screening technologies. I understand that as his successor, Admiral Pekoske, who is also, I think, a very able leader--how lucky we could be to have two guys that qualified and that good as leaders. But, I was pleased to vote to confirm him with my other colleagues earlier this year. So, here is what I want to ask. I am just sort of asking as a favor, Ms. Duke, and that would be to ask you to work with Admiral Pekoske to take a look at the GAO report. You may have seen it already. Take a look at it and try to make sure that the needed training in acquisition reforms continue in order to ensure the continued security of our aviation system. Thank you. Ms. Duke. Absolutely. We are both committed to that. Senator Carper. Good. Thank you. And, now just one question on the revised travel ban for each of our witnesses. I think it was just last Sunday President Trump issued yet another Executive Order (EO) limiting travel from, I think, eight countries. This new travel ban is indefinite in length. The nationals from these countries will not be able to travel to the United States until such a time as the President sees fit to remove them from the list. None of the countries listed in the original travel ban or the new one have been associated with deadly terrorist attacks in the United States Some of them are currently suffering from humanitarian crises. And, in addition to imposing a new travel ban, it has been reported that President Trump intends to cut refugee admissions to some of the lowest levels in history. And, I have to think that some of these actions--the ban, the cut in refugee admissions--may have an adverse impact on our national security. So, I would just ask you, Ms. Duke, if I could, could you share with us any analyses that the Department has conducted to determine the cost and benefit of imposing a new ban? That would be my question of you. Can you share with us any analyses that the Department has conducted to determine the cost and benefit of imposing a new ban? And, to Mr. Wray, and to Nick, in terms of priority, would this travel ban be in your top, say, I do not know, five action items to take to prevent terror attacks on the homeland? First, Ms. Duke. Thank you. Ms. Duke. What we need is we need better identity management, better vetting of persons, and that is what this review was. We did a very thorough review of all the countries. We have not done a cost analysis because I do not think you could put a cost on letting a terrorist into the country. However, we have structured it, as you saw in the proclamation, that as soon as a country gives us the information, starts doing the information sharing under the three criteria, we do not want people to be on a travel restriction. It is not in the best interest. And so, we are hoping that this will give incentives for them to work with us. Additionally, I want to point out that refugees are not subject to the ban of any country. Senator Carper. OK. Thank you. Mr. Wray, Nick, the second question. In terms of priority, would this travel ban be, say, in your top five action items to take to prevent terror attacks on our homeland? Mr. Wray. Senator, I do not know that I have my priorities in that space into the list, but I would say that getting sufficient information from foreign countries to allow us to prioritize targets of interest is a very high priority for us because, as you probably know, the name of the game in this space is trying to make very difficult judgment calls under sometimes very tight time constraints about which subject is the highest-priority investigation, and we cannot do that without sufficient information from the countries of origin. Senator Carper. Nick. Mr. Rasmussen. The only thing I would add is, again, I do not know that I have a prioritization schema in mind that would rank our particular activities. As I said in response to one of the other Senators' questions earlier, our particular piece of this is to provide the best possible intelligence input into what is, as Director Wray said, a very complex decision and to make sure that we can do that in a repeatable, in a consistent, in a predictable way so that the State Department and Department of Homeland Security who end up owning these responsibilities can count on the best possible input from the intelligence community. We are going to forever be limited by the amount of information we have available to us, and so we are going to be in a constant effort to try to increase the pile of information that we are relying on to provide that input. Senator Carper. All right. And, I would just say in conclusion, thank you for your responses, but it seems peculiar to me--interesting, at least--that countries that have never apparently posed a threat to us in terms of a threat on the homeland, we are going to say, ``For whatever purpose you cannot come here. We are not going to allow you to travel to our Nation for school or for other reasons.'' And yet, there are other countries that have posed a real danger, and still do, and they are free to come and go. It just seems peculiar. Thank you, Mr. Chairman. Chairman Johnson. Senator Harris. Senator Harris. Secretary Duke, actually I asked one of my team members to just go quickly to the U.S. Citizenship and Immigration Services website to make sure it was still there, and it is, on page 6 of 27 of the frequently asked question (FAQs)--``Will the information I share''--this is the DACA applicant. ``Will the information I share in my request for consideration of DACA be used for immigration enforcement purposes?'' And, they are told in the answer in this document, ``Individuals whose cases are deferred pursuant to DACA will not be referred to ICE.'' I also have a two-page letter signed by Jeh Johnson on December 30, 2016, where he indicated, ``Since DACA was announced in 2012, DHS has consistently made clear that the information provided by applicants would be safeguarded from other immigration-related purposes.'' So, I would ask you to familiarize yourself with these documents, because we are talking about 700,000 young people in this country right now who are in utter fear about their future, about their lives right now, their families are, their employers are, their friends are. And, you have a responsibility to be clear about what your agency is doing as it relates to keeping a promise to these young people and thinking about their situation right now and their future. I would also point out to you that I asked you 6 months ago during your confirmation hearing about this document, which was a memo, Homeland Security, indicating there were seven new priority enforcement areas, and the seventh, which reads, ``In the judgment of an immigration officer''--``They may have enforcement responsibilities if in their judgment that person poses a risk to public safety or national security.'' I asked you then what are the factors for consideration and how are you training your agents on how they should exercise that judgment, knowing that you have limited resources, and there are potentially a lot of people that could fall in that category. You indicated to me you would get back to me on how those agents are being trained, and you have not done that. On a separate matter, you have indicated on September 5th that DACA would be rescinded and that these individuals would have until October 5th to reapply; otherwise, they would fall out of status. And, my question to you is: Did your agency directly notify the DACA recipients that they will be eligible to renew their applicants? Did you notify them directly, or was it just through the press? Ms. Duke. No, we have not contacted each individual directly. Senator Harris. And, you have given them a month from the time that that word went out--one month only--to apply to renew their status, which requires them to submit many forms and fill out the information in those forms. It requires them by October 5th to also provide a $495 application fee. Within 1 month it requires them to supply two passport photographs. Passport photographs cost between about $15 and $20. The last time I looked, Federal minimum wage is about $7.25 an hour. So, my question to you is: Given the responsibilities that they are required to meet to apply before October 5th, given also--and we have talked about it in this hearing--the impact of Hurricanes Harvey, Irma, and Maria, will you consider extending the deadline beyond October 5th for these kids to apply? Ms. Duke. I am just as passionate as you are about doing the right thing by people in America, and I commit to working with Congress to do the right thing. An unconstitutional program that only keeps them in 2-year limbo status is not the right answer for these---- Senator Harris. So, are you willing to extend the deadline that you have already set given the circumstances of these natural disasters that have also occurred in the interim? Ms. Duke. We have not been notified by anyone that natural disasters have affected--I have looked into the process. There is a money issue, I agree with you there. But, the process itself is very simple. So, we will do what is right. It is an unconstitutional program, so that is constraining, and I hope that we can come up with a better solution through Congress. Senator Harris. Are 700,000 young people supposed to suffer because you did not figure out how to implement this program properly? Are 700,000 young people supposed to be terrified because they cannot come up with a lot of money within 1 month? Ms. Duke. It is not my position to come up with a statute. That would be Congress' responsibility. Senator Harris. Who came up with the decision that they would be given 1 month from September 5th to October 5th? Ms. Duke. That is something that we came up with to end the program in a compassionate manner. Senator Harris. I would ask you to consider extending that deadline. Chairman Johnson. Thank you, Senator Harris. I would just point out again that one of the reasons many of us asked President Obama not to use his Executive authority, what we believe is unconstitutional, is because it would create these types of issues. So, you know, certainly from my standpoint, I want to do everything I can to solve this problem in a very humane fashion. I am happy to work with you and any member on the other side of the aisle, together with my Republican colleagues, to fix this. We have 6 months to do it. Let us really work together in a bipartisan fashion to humanely---- Senator Harris. I agree. Chairman Johnson [continuing]. Resolve this issue. Senator Harris. Let us pass the DREAM Act. I agree. A clean DREAM Act. I agree with you. Thank you, Chairman. Chairman Johnson. That is not exactly the best way of doing it bipartisan. So, again, hopefully there will be some give and take here and we can actually do things to secure our border as well. With that, again, I want to thank all of our witnesses, not only for your testimony, written and oral, and the time you have taken, but literally just the commitment you have made to this Nation. It is a 24/7 job. Every last one of your positions here, it is an enormous responsibility. And, this Committee thanks you sincerely for doing that. With this, the hearing record will remain open for 15 days until October 12th at 5 p.m. for the submission of statements and questions for the record. This hearing is adjourned. [Whereupon, at 12:13 p.m., the Committee was adjourned.] A P P E N D I X ---------- [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]