[Senate Hearing 115-440] [From the U.S. Government Publishing Office] S. Hrg. 115-440 ADAPTING TO DEFEND THE HOMELAND AGAINST THE EVOLVING INTERNATIONAL TERRORIST THREAT ======================================================================= HEARING before the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION __________ DECEMBER 6, 2017 __________ Available via the World Wide Web: http://www.govinfo.gov Printed for the use of the Committee on Homeland Security and Governmental Affairs [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] U.S. GOVERNMENT PUBLISHING OFFICE 31-263 PDF WASHINGTON : 2019 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 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 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 Peters............................................... 14 Senator Harris............................................... 16 Senator Hassan............................................... 19 Senator Daines............................................... 24 Prepared statements: Senator Johnson.............................................. 31 Senator McCaskill............................................ 32 WITNESSES Wednesday, December 6, 2017 Mark E. Mitchell, Acting Assistant Secretary for Special Operations/Low-Intensity Conflict, U.S. Department of Defense.. 4 Lora Shiao, Acting Director for Intelligence, National Counterterrorism Center, Office of the Director of National Intelligence................................................... 6 Nikki L. Floris, Deputy Assistant Director for Counterterrorism, Federal Bureau of Investigation, U.S. Department of Justice.... 8 Mr. Robin Taylor, Acting Deputy Under Secretary for Intelligence and Analysis, U.S. Department of Homeland Security............. 10 Alphabetical List of Witnesses Floris, Nikki L.: Testimony.................................................... 8 Prepared statement........................................... 46 Mitchell, Mark E.: Testimony.................................................... 4 Prepared statement........................................... 36 Shiao, Lora: Testimony.................................................... 6 Prepared statement........................................... 40 Taylor, Robin.: Testimony.................................................... 10 Prepared statement........................................... 50 APPENDIX BBC Article submitted by Senator Hassan.......................... 53 Mr. Mitchell's response to Senator McCaskill..................... 63 Responses to post-hearing questions for the Record: Mr. Mitchell................................................. 60 Ms. Shiao.................................................... 66 Ms. Floris................................................... 77 Mr. Taylor................................................... 85 ADAPTING TO DEFEND THE HOMELAND AGAINST THE EVOLVING INTERNATIONAL TERRORIST THREAT ---------- WEDNESDAY, DECEMBER 6, 2017 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 10:01 a.m., in room SD-342, Dirksen Senate Office Building, Hon. Ron Johnson, Chairman of the Committee, presiding. Present: Senators Johnson, Lankford, Daines, McCaskill, Tester, Heitkamp, Peters, Hassan, and Harris. OPENING STATEMENT OF CHAIRMAN JOHNSON Chairman Johnson. Good morning. This hearing is called to order. I want to thank the witnesses for your testimony and for coming and appearing before our Committee today. I ask that my written opening statement be entered into the record,\1\ and I will keep my opening remarks brief. We have four witnesses here. --------------------------------------------------------------------------- \1\ The prepared statement of Senator Johnson appears in the Appendix on page 31. --------------------------------------------------------------------------- The concept of this hearing was pretty simple. Certainly, in my lifetime, I have seen terrorism evolve. My first awareness of terrorism springing from the Middle East was the Munich Games and Palestinians slaughtering Israeli athletes. Then we had in the 90s, the attempt to bring down the Twin Towers the first time in the bombing. I think six people were killed, a number of people--hundreds injured. That was a new phase. We basically addressed it as a law enforcement problem. Then 9/11 happened, and we had wars in Iraq and Afghanistan, and obviously, those wars continue in some way, shape, or form. Then we had Islamic State of Iraq and Syria (ISIS). It is good that we have, by and large, taken away the physical caliphate, but as we will hear in the testimony today, we have in no way, shape, or form denied them the cyber caliphate. And that may be a more persistent long-term threat. So we have representatives from the Department of Defense (DOD), the National Counterterrorism Center (NCTC), the Department of Homeland Security (DHS), and also the Federal Bureau of Investigation (FBI) Department of Justice (DOJ) really to determine, discuss about what is this new phase of terrorism going to look like, what do we need to do to counter it, what type of changes potentially in our laws and our tactics should we be contemplating and potentially enacting into law to address this generational problem. I hate to say that, but this is not going away anytime soon. So, again, I want to thank our witnesses for appearing here today. I am looking forward to a good hearing. I am looking forward to learning an awful lot. So, with that, I will turn it over to Senator McCaskill. OPENING STATEMENT OF SENATOR MCCASKILL\1\ Senator McCaskill. Thank you, Chairman Johnson, and thank you to the witnesses for being here today. --------------------------------------------------------------------------- \1\ The prepared statement of Senator McCaskill appears in the Appendix on page 32. --------------------------------------------------------------------------- Congress' is focused now on funding the government, and with the budget season shortly upon us, this hearing provides a well-timed opportunity to examine the Administration's counterterrorism (CT) strategies and priorities. Since 9/11, we have we have relentlessly pursued a multifaceted counterterrorism campaign to protect our homeland from foreign threats. While this Committee generally focuses on security efforts here at home, today offers an opportunity for members who do not serve on the defense committees to engage with the Department of Defense on how DOD is taking the fight to the enemy abroad. We will also get another chance, coming on the heels of our annual threats hearing in September, to hear from the FBI and the National Counterterrorism Center on their agencies' vital work. This hearing is titled ``Adapting to Defend Homeland Against Evolving International Terrorist Threat.'' For that reason, I invited the Department of Homeland Security to provide a witness, since its primary mission, as set in its statute, is to ``prevent terrorist attacks within the United States and reduce the vulnerability of the United States to terrorism.'' On that note, on Monday, the Senate advanced Ms. Nielsen's confirmation vote, and I am pleased that DHS will soon have permanent leadership. Mr. Taylor, I look forward to your testimony on behalf of the Department. NCTC Director Nick Rasmussen testified before this Committee in September that the most immediate threat to the United States is from homegrown violent extremists (HVE), meaning people living in the United States who become radicalized and conduct attacks here at home. At that same hearing, DHS Acting Secretary Elaine Duke discussed how attackers' techniques are evolving as they opt for, ``simple methods,'' to conduct attacks, using guns, knives, vehicles, and other common items to engage in acts of terror. Preventing radicalization, as well as preventing and responding to attack, demands training, support, and other resources for State and local governments, law enforcement, and first responders. I am deeply concerned that many essential counterterrorism programs that provide that very support were reduced or outright eliminated in the President's Fiscal Year (FY) budget. To prevent Americans from becoming radicalized, DHS administers the Countering Violent Extremism (CVE) Grant Program that assists States, local governments, and nonprofit institutions in providing alternatives for individuals who have started down the road to extremism. Although Congress appropriated only $10 million for DHS to award in grants, the Department received applications for 10 times that amount, demonstrating the overwhelming interest communities have in tackling this problem. Despite that, the President's Fiscal Year budget requested zero funding for the CVE grant program. I have mentioned this before, but it is worth repeating that in July, DHS announced 29 awards through the Complex Coordinated Terrorist Attacks (CCTA) Grant Program. That is CCTA. Kansas City and St. Louis were both awarded money. I am very familiar with how these resources are being used, and they are being used wisely and appropriately. Programs like this are essential to bolstering security in our cities, but the President's budget proposed eliminating this grant program as well. During her nomination hearing, I asked DHS Secretary nominee Kirstjen Nielsen if New York City relied on these resources it got from any of the DHS counterterrorism grant programs to respond to the Halloween ramming attack. She had no doubt that they did. Communities count on programs like the Visible Intermodal Prevention and Response (VIPR) teams; Urban Areas Security Initiative (UASI); Complex Coordinated Terrorist Attack Grant Program; and the Law Enforcement Officer Reimbursement Program to protect Americans from terrorist attacks and keep our country safe. But this Administration is reducing and outright eliminating funding for these types of initiatives. This Administration has to start following the advice of its own agencies, experts, and our State and local officials on the ground who understand the threats our communities face. I am glad you are here today to talk about the essential work you and the women and men in your departments do every day to fight terrorism. I appreciate your service to our country. Thank you, Mr. Chairman. Chairman Johnson. Thank you, Senator McCaskill. It is the tradition of this Committee to swear in witnesses, so if you all stand and raise your right hand. Do you swear the testimony you will give before this Committee will be the truth, the whole truth, and nothing but the truth, so help you, God? Mr. Mitchell. I do. Ms. Shiao. I do. Ms. Floris. I do. Mr. Taylor. I do. Chairman Johnson. Please be seated. Our first witness is Mark Mitchell, and Mr. Mitchell is the Acting Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict. In his role, he supervises DOD's special operations and low-intensity conflict activities, including counterterrorism, unconventional warfare, direct action, special reconnaissance, foreign internal defense, and civil affairs. Mr. Mitchell. TESTIMONY OF MARK E. MITCHELL,\1\ ACTING ASSISTANT SECRETARY FOR SPECIAL OPERATIONS/LOW-INTENSITY CONFLICT, U.S. DEPARTMENT OF DEFENSE Mr. Mitchell. Good morning, Chairman Johnson, Ranking Member McCaskill, and Members of the Committee. I am grateful for the opportunity to appear before you this morning with my colleagues from our other departments, and I would like to discuss the changing threat landscape with respect to the destruction of the Islamic State of Iraq and Syria's physical caliphate and then efforts by the Department of Defense to counterterrorist threats within this changing landscape. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Mitchell appears in the Appendix on page 36. --------------------------------------------------------------------------- The liberation of Raqqa and remaining ISIS strongholds in the Euphrates River Valley are important milestones in our fight against the scourge of ISIS. Our Iraqi and Syrian Democratic Forces (SDF) partners deserve much of the credit for the success of these efforts. Nevertheless, the elimination of the physical caliphate does not mark the end of ISIS or other global terrorist organizations. Their defeat on the battlefield his dispelled ISIS's claims of invincibility, but their ideology remains. Their branches and affiliates will continue to seek opportunities to spread their toxic ideology and attack all those who do not subscribe to it. As ISIS loses territory in Iraq and Syria, its operations will become more distributed and more reliant on virtual connections. Their terrorist cadres will migrate to other safe havens, where they can direct and enable attacks against the United States, our allies and our partners, and our global interests. They will also continue to radicalize vulnerable individuals and inspire them to conduct lone wolf or, as I prefer to call them, stray dog attacks. We will continue to see ISIS and al-Qaeda threats to our homeland as well as our allies and partners from locations in Afghanistan, the Middle East, Africa, Southeast Asia, and the Balkan States, among other locations. Right now, the United States and its allies and partners, including 74 members of the Global Coalition to Defeat ISIS, must continue to defeat this threat with a shared commitment against our common enemies. We must continue to deny ISIS and other organizations safe havens where they can plan attacks and prey on vulnerable populations. We will continue to do this work through credible, indigenous voices. To delegitimize their ideology, we must discredit their narrative so they cannot recruit and radicalize vulnerable populations, and finally, to achieve enduring results, we must ensure that our successes on the battlefield are complemented by well-resourced post-conflict stabilization efforts. These efforts principally led by the Department of State and the U.S. Agency for International Development (USAID) are critical to cementing the military gains and preventing terrorist organizations from reestablishing themselves. As we look back on our recent operations, we have learned a couple major lessons. Defeating the group requires a whole-of- government approach and cannot be achieved through military efforts alone. Our ``by, with, and through'' approach with local partners continues to be effective, and ISIS remains a global terrorist threat. I will turn now to what DOD is going in the counterterrorism realm. I want to reiterate that the enduring defeat requires a whole-of-government effort. We must continue to promote and support that whole-of-government effort, including political, developmental, economic, military, law enforcement, border security, aviation security, and other elements. With respect to military efforts, of course, DOD maintains the world's premier counterterrorism force, the finest and most capable special operations force in the world. Those forces are capable of conducting focused direct action against terrorist threats around the globe, including precision air strikes and other CT activities, wherever they are required. I would be happy to provide additional information on that in a closed session. Our other CT efforts focus on building our partner capacity and capability and enabling their operations. Our approach is characterized by the term ``by, with, and through,'' and what we mean by that is that our military operations against terrorist organizations are generally conducted by our host nation partners. U.S. forces work with our partners to train, equip, advise, enable, and when authorized accompany them on actual operations to improve their effectiveness and their professionalism. And through this cooperative relationship, the United States can our allies and partners achieve our shared strategic goals. Secretary Mattis has placed a significant emphasis on building and strengthening these partnerships. In addition to bilateral relationships with individual countries, we also work through regional security organizations and collective security missions, such as the African Union Mission in Somalia (AMISOM) and the G5 Sahel Task Force. We also work closely with the North Atlantic Treaty Organization (NATO) Alliance to help ready other partners for a variety of CT efforts. Together, all these partners help reduce the requirement for U.S. forces overseas. Our ``by, with, and through'' approach provides the foundation of our CT efforts and capacity building in key regions such as Africa's Lake Chas region, North Africa, and the Horn of Africa, and increasingly in Southeast Asia. As we build the capacities of these partners to bring the fight to these violent extremist organizations (VEOs) in the short term, we are also shaping and helping sustain their own security for the long term. Ultimately, filling the security void in these regions will help advance our desired end State. All of these challenges require flexible, adaptable tools, and the Department is grateful for Congress' efforts to provide DOD and the Department of State a variety of authorities. For instance, the efforts to reform the security cooperation authorities in the 2017 National Defense Authorization Act (NDAA) have led us to be able to streamline our CT assistance. Regarding legal authorities, the 2001 authorization for the use of military force remains a cornerstone of our ongoing U.S. military operations and continues to provide us the domestic legal authority that we need to use force against al-Qaeda, the Taliban, their associated forces in the Islamic State. Finally, while focused principally on operations against terrorists abroad, DOD also supports its Federal law enforcement partners in this shifting threat environment. One of the ways that we do that is through robust information- sharing processes, including biometric data. These information- sharing agreements contribute to the government's expanded screening and vetting efforts, biometric data collected on the battlefield, whether by the United States or our international partners, is provided through DOD databases to Federal law enforcement agencies. Similarly, DOD retains a robust antiterrorism force protection posture based in part on information provided by the FBI, gleaned from its own investigations. That may have bearing on DOD personnel and facilities. In closing, I would like to say thank you again for the opportunity to appear before the Committee on this critically important topic, and the Department of Defense appreciates your leadership and oversight in this area. Thank you. Chairman Johnson. Thank you, Mr. Mitchell. Our next witness is Lora Shiao. Ms. Shiao is the Acting Director for Intelligence at the National Counterterrorism Center. In this role, she oversees NCTC's efforts to analyze, understand, and respond to the terrorist threat and provide insight and situation awareness of developing terrorism-related issues around the world. Ms. Shiao. TESTIMONY OF LORA SHIAO,\1\ ACTING DIRECTOR FOR INTELLIGENCE, NATIONAL COUNTERTERRORISM CENTER, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Ms. Shiao. Good morning, Chairman Johnson, Ranking Member McCaskill, and Members of the Committee. I am pleased to be here with my colleagues from DOD, FBI, and DHS. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. Shiao appears in the Appendix on page 40. --------------------------------------------------------------------------- As we have said in previous testimony, the terrorist landscape we face today involves more threats in more places for more terrorist actors than at any time in the past 16 years. Both ISIS and al-Qaeda have proven to be extremely resilient organizations. To successfully meet the challenges of the counterterrorism and terrorism prevention mission spaces, we will need to respond with agility and flexibility, far more of both than our enemies can muster, and adopt collaborative approaches with State and local law enforcement, with our foreign partners, and with the private sector. I will begin by addressing the current threat picture starting with ISIS and its continued setbacks on the battlefield. Though the group has lost a number of senior leaders, it has been expelled from almost all of its territorial strongholds and has suffered other significant defeats in the heart of its so-called caliphate. These losses are depriving the group of what was once a key part of its global narrative, but it is worth noting that ISIS takes a long view of the conflict, and the group's leadership sees itself as having overcome hardships before. The group has already adapted its narrative to compensate by portraying the struggle as a long-term process that will test the fortitude of its followers. So we expect that ISIS will revert to the model of its predecessor organization, al- Qaeda and Iraq, and become an insurgency, with the long-term goal of attempting a resurgence. Meanwhile, the group's external operations capabilities have been building and entrenching over the past 2 years, and as we have seen, ISIS has launched attacks in periods where it held large swaths of territory and also when it has been under significant pressure from the Defeat ISIS Campaign. And unfortunately, we do not see ISIS's loss of territory translating into a corresponding reduction in its inability to inspire attacks. ISIS has either claimed or been linked to at least 20 attacks against western interests worldwide since January. The group has inspired attacks in the United Kingdom (UK) and throughout Europe, and of course, most recently in the United States, in New York City on Halloween. The number of arrests and disruptions we have seen worldwide tells us that ISIS's global reach remains largely intact, even as the group is being defeated on the battlefield. When speaking about the global threat, as focused as we are on the challenges from ISIS, al-Qaeda has never stopped being a top priority for the counterterrorism community. We remain concerned about al-Qaeda's presence in Syria. We know that there are veteran al-Qaeda operatives there, some who have been part of the group since before September 11, 2001. The various al-Qaeda affiliates have also managed to sustain recruitment, maintain local relationships, and derive sufficient resources to enable their operations. So we see this continued revolution of al-Qaeda as evidence of its resiliency, and we know that it retains the intent to carry out attacks against the United States and our interests. I have outlined this dynamic threat that we face from ISIS and al-Qaeda, but it is worth reiterating that here in the United States we are most concerned about homegrown violent extremists, especially as extremist propaganda encourages simple tactics and readily available weapons that do not require specialized training and present fewer opportunities for law enforcement detection. When it comes to tackling a threat of those mobilized extremist violence particularly here in the United States one of the areas where we as a counterterrorism community have made great strides and where we continue constant improvements is in sharing intelligence across national security organizations and with a full array of State, municipal, local and law enforcement and first responder professionals as well as with our foreign partners. We at NCTC bring to bear our unique access to all sources of counterterrorism information and a whole-of-government coordination function, and those are capabilities that become even more important in an increasingly diverse threat environment like the one we are facing today. Our tactically focused analysts are constantly pursuing non-obvious and unresolved threads that could yield relevant information, and passing intelligence leads to our partner agencies who can act on them. Our strategically focused analysts look for trends and context that can be shared with those serving our first lines of defense against terrorism. In the strategic planning realm, our efforts provide governmentwide coordination and integration of department and agency actions on key lines of effort, ensuring that all instruments of national power are being leveraged against the threat. We are focused on improving the counterterrorism toolkit beyond the hard power tools of disruption and believe it requires greater investment in terrorism prevention, specifically in the United States to stop the recruitment of American youth, and to ensure we are equipped to respond and prevent all forms of violence. By leveraging Federal, State, and local partners, including the private sector, we can create a culture of prevention and a greater degree of resilience in our communities across the Nation. I will end there, Mr. Chairman, and thank you and the Committee for your continued support to the outstanding officers who are dedicated to the counterterrorism mission. I look forward to your questions. Chairman Johnson. Thank you, Ms. Shiao. Our next witness is Nikki Floris. Ms. Floris is the Deputy Assistant Director for Counterterrorism for the Federal Bureau of Investigation. In her role, she oversees domestic and international terrorism financing operations, strategic operations, and counterterrorism analysis. Ms. Floris. TESTIMONY OF NIKKI L. FLORIS,\1\ DEPUTY ASSISTANT DIRECTOR FOR COUNTERTERRORISM, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Ms. Floris. Good morning, Chairman Johnson, Ranking Member McCaskill, and Members of the Committee. Thank you for the opportunity to appear before you today. I look forward to discussing the changing threat landscape with respect to the destruction of ISIS' physical caliphate and efforts by the FBI and its partners to counterterrorist threats within this changing environment. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. Floris appears in the Appendix on page 46. --------------------------------------------------------------------------- I have been working in the Counterterrorism Division in the FBI for the better part of the last decade, and I have watched this organization continuously evolve to address the most concerning and imminent threats posed by extremists. Preventing terrorist attacks has been and remains the FBI's top priority. The FBI assesses that ISIS and homegrown violent extremists, pose the greatest threat to U.S. interests in the homeland and abroad. With ISIS, we are dealing with a group that at one point was able to coordinate and direct external attacks from its safe haven in Syria and Iraq while simultaneously advocating and propagating lone wolf attacks in western countries. Though degraded, we are now faced with these threats as well as the possibility of foreign fighters returning to their home countries, some having gained valuable battlefield experience in a network of like-minded extremists. At home, we are faced with a continuing threat of HVEs, those inspired by the global jihad movement though not directly collaborating with a foreign terrorist organization. HVEs can plan and execute an attack with little to no warning due to their operational security and familiarity with the intended target. The compartment and nature of lone offender attack planning challenges the ability of security services to detect preoperational activity and disrupt attack preparation, while complicating the intelligence community's (IC) efforts to determine potential overseas connections and motivations. As I said, the FBI has evolved, and we must continue to do so, not just evolve to face new threats, but old threats that use new and creative tactics, techniques, and procedures. Probably, more than ever, the rapid evolution and the way the world uses technology is impacting the way we work to keep America safe. As technology advances, so too does terrorist use of technology to communicate, both to inspire and to recruit. Their widespread use of technology propagates the persistent terrorist message to attack U.S. interests here and abroad. Many foreign terrorist organizations use various digital communication platforms to reach individuals they believe may be susceptible and sympathetic to extremist messaging. However, no group has been as successful as drawing people into its perverse message as ISIS. ISIS uses high-quality traditional media platforms as well as widespread social media campaigns to propagate its extremist ideology. We have even seen ISIS and other terrorist organizations use social media to spot and assess potential recruits. Through the Internet, terrorists overseas now have direct access to our local communities to target and recruit our citizens and spread the message of radicalization faster than we imagined just a few years ago. Unfortunately, the rapid pace in advances in mobile and other communication technologies continues to present a significant challenge to conducting electronic surveillance of criminals and terrorists. There is a real and growing gap between law enforcement's legal authority to access the digital information and our technical ability to do so. The FBI refers to this growing challenge as going dark, and it impacts the spectrum of the work we do in the FBI. In the counterterrorism context, for instance, our agents and analysts are increasingly finding that communications between groups like ISIS and potential recruits occur in encrypted private messaging platforms. As such, the content of these communications is unknown. As a threat to harm the United States and U.S. interest evolves, we must adapt and confront these challenges, relying heavily on the strength of our partnerships, partnerships within the intelligence community, with State and local partners, with foreign partners, and increasingly with the private sector. The FBI will continue to evolve promoting a culture of innovation and using all lawful investigative techniques and methods to combat these terrorist threats to the United States. We will continue to collect, exploit, and disseminate intelligence to inform and drive our operations on a daily basis. In doing so, we will remain agile in our approach to combating threats by realigning resources as necessary in the current dynamic threat picture. Chairman Johnson, Ranking Member McCaskill, and Committee Members, I thank you for the opportunity to testify concerning the evolving threats to the homeland and the challenges we face in combating these threats. I am happy to answer any questions you might have. Thank you. Chairman Johnson. Thank you, Ms. Floris. Our final witness is Robin Taylor. Mr. Taylor is the Acting Deputy Under Secretary for Intelligence and Analysis (I&A) at the Department of Homeland Security. In this role, Mr. Taylor is responsible for key intelligence activity supporting DHS; State, local, tribal, territorial, and private-sector partners; and the intelligence community. Mr. Taylor. TESTIMONY OF ROBIN TAYLOR, ACTING DEPUTY UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS, U.S. DEPARTMENT OF HOMELAND SECURITY Mr. Taylor. Good morning, Chairman Johnson, Ranking Member McCaskill, and Members of the Committee. I would like to take a moment to thank you for the invitation to speak before you today regarding DHS's Office of Intelligence and Analysis' unique role in sharing information and intelligence with our Homeland Security partners in order to better prepare them and inform them of CT activities occurring within the Nation. It is truly an honor to be here. My testimony has been submitted for the record,\1\ and with your permission, I will have a few opening remarks. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Taylor appears in the Appendix on page 50. --------------------------------------------------------------------------- First, let me make a comment and thank the dedicated men and women of the Department of Homeland Security and specifically those at the Office of I&A for their relentless service to our Nation. They have an enormous task or mission focus, are passionate, and work tirelessly every day to shield our Nation from terrorists and other threats, and for that, they deserve our thanks and recognition. DHS shares the concerns as previously expressed by my colleagues today. Our perspective that the terrorist threat to our country is changing, as such we need to change and adjust as well. While the threat of carefully planned large-scale operations that are plotted by global jihadist groups such as ISIS and al-Qaeda remain a concern, the trend of homegrown violent extremism, such as we saw in New York City on Halloween, are alarming. As Acting Secretary Duke recently testified before this Committee, DHS is rethinking homeland security in the new age. The line between the home game and the away game is now blurred. The dangers we face are more dispersed, with the threat of networks that proliferate across our borders, both physically and in the cyber realm. As a result, DHS is changing its approach to homeland security. We are working to better integrate our intelligence and operations, to enhance and streamline inner-agency engagements, and to boast our engagement and information sharing with both our international and domestic partners. It is a critical time, and we must work to build as complete a threat picture that is facing our Nation as possible to enable our front-line officers the ability to respond to and mitigate to these new threats. In support of these efforts, I&A works to provide our homeland security enterprise partners the most timely and relevant information and intelligence needed to keep the homeland safe, secure, and resilient. As you are aware, I&A is the only member of the U.S. Intelligence Community statutorily charged to deliver intelligence to our State, local, tribal, and private-sector partners. In meeting this obligation, we endeavor to develop and share unique homeland-focused intelligence and analysis from DHS and our other IC partners at the lowest classification level possible to ensure our stakeholders are informed of the persistent CT threat, thereby allowing them to better identify, disrupt, and respond to the developing threats occurring within their areas of responsibility. Working along with our FBI and other IC colleagues, we assess motivations of HVEs, identify and observe behaviors, and report and share developing terrorist tactics and techniques with our partners. We are committed to this effort. Let me conclude the terrorist threat is dynamic, and those who operate individually or are part of a terrorist organization will continue to challenge our security measures here and abroad. No single agency or organization can accomplish this mission of keeping the homeland safe alone, nor can any one person, organization, or program do everything possible to prevent the next terrorist attack. But when we work together, we share information, utilize tools and programs that are collaborative, we are stronger, and we make a difference. DHS will continue to work alongside of our colleagues from the FBI, NCTC, and DOD, and along others across the Federal Government and with our State and local partners to identify potential threats that are risking our interest abroad and our community here at home. Again, Chairman Johnson, Ranking Member McCaskill, thank you for the opportunity to speak before you today. I look forward to your questions. Chairman Johnson. Thank you, Mr. Taylor. Again, I want to thank all the witnesses for your testimony and for your service to this Nation. I appreciate the fact that you also acknowledge the service to all the men and women that serve in your agencies, and we certainly want to acknowledge and recognize that as well. Again, to be respectful for other Members' time, I appreciate their attendance, so I will just defer my own questioning until the very end. Senator McCaskill. Thank you. As I indicated in my opening statement, I am really worried about the cuts that have been proposed by this Administration to the very programs that address everything you all talked about. Let me ask you first, Mr. Taylor. Has the White House through the Office of Management and Budget (OMB)--the budget that is gone over for the next fiscal year, your Department put together, and this has all been under the Administration of Donald Trump, and the people that are there at the top levels of that Department are in fact people who were put there by the President. So you all have sent a budget over to the Office of Management and Budget. Have they agreed with you on the amounts that you have request to fight terrorists in the United States for the next fiscal year? Mr. Taylor. Senator, thank you for your question. I am aware of the letter in which you recently sent last week to the Department, and it is my understanding that the Department is working expeditiously to answer and meet your deadline of December 20. Senator McCaskill. That is a different--I am talking about you all put together your budget, and the way this works is you send it over for them to then weigh in. So you all have sent over to OMB a budget, what you think is necessary to fight terrorism in this country. My question to you is, Have you heard back from them? Do they agree with your request as it relates to fighting terrorism? Mr. Taylor. Madam, as I was mentioning, I do not have any direct visibility on the ongoings of that process. I was not part of that. Now Secretary Nielsen has identified in her proceedings before you that she was concerned of the submission, and she would review that. I would just propose that as they are pulling together the final details to submit, in response to your letter, I need to defer to them. I just do not have the insight that you are asking for to provide you with---- Senator McCaskill. I am just curious because if I were in your job and we sent over a request for funding for the things that you directly work with every day--and it would appear to me that if OMB came back with ``yes, we agree,'' that would be something that would resonate through the agency, or if they came back and said, ``No. We are doing away with all the VIPR teams. We are doing away with all of that stuff,'' that would also be something that would resonate through the agency. Are you telling me there has been no word through the agency, one way or another, how the Administration has made a determination for the budget request that you all submitted a few months ago? Mr. Taylor. Madam, I can just advise you that I have not had any visibility, nor was anything passed to me prior to the hearing today. I think your concerns are certainly relevant. The impact of the billions of dollars that have gone to State and locals over the years have certainly built a capacity for preparedness and response, and any cuts to that are additionally a concern. But with that said and not understanding the calculus that was placed into the proposal that was submitted to the budget or to the President, I would have to say I am confident that what is proposed at least weighed and strived to manage the threats that are relevant in those areas that need to still be pushed forward for capacity building---- Senator McCaskill. Yes. The place I am going to be concerned is if we learn that, in fact, what the agency has asked for has been cut significantly. That is what is going to worry me. I see the first year when the budget was prepared by another Administration, but if the folks that are there now that the President has expressed confidence in have said, ``This is what we need to fight terrorism,'' and OMB comes back and says, ``No, not so fast,'' especially something like a VIPR team--a VIPR team is something that is used in our airports effectively. Would anyone disagree the VIPR teams are effective in the airports? Any disagreement from any of the witnesses? OK. How important in your opinion for--Secretary Mitchell, how important is the State Department's work in terms of counterterrorism? Mr. Mitchell. I think the State Department plays an important role overseas in aiding our counterterrorism efforts. They have a number of programs that support DOD's efforts, and DOD likewise supports the State Department's efforts. Senator McCaskill. If you know for the record, now, but if not, if you would get back to me--I know this is not your Department, but we do not have anyone here from the State Department. There has been $10 billion of cuts to the State Department. What, if any, impact has that had on the work that they are doing that is so vital in terms of diplomacy and other efforts in terms of augmenting what the Department of Defense is doing? Mr. Mitchell. I will have to take that as a question for the record----\1\ --------------------------------------------------------------------------- \1\ The response from Mr. Mitchell appears in the Appendix on page 63. --------------------------------------------------------------------------- Thank you. Senator McCaskill. And finally, for the FBI, first of all, let me just say for both the intelligence community and the FBI that is represented here today, let me tell you that most Americans do not see the men and women who work in your agencies. They do not wear a police uniform, but they are just as much on the front lines as any first responder, law enforcement agent in the country. And anyone who denigrates the men and women who risk their lives in intelligence or in the FBI is undermining the foundation of rule and law in this country, and please carry back to all the men and women that work in both of your agencies how much we respect the service they give to this country. And that when people denigrate them for political purposes, many of us disagree with that. And I do have a question about domestic terrorism, but I will save it to the next round because I am out of time. Chairman Johnson. Senator Peters. Senator McCaskill. Oh, wait. I have 52 seconds. I can get it in. [Laughter.] FBI, I know you all have identified domestic terrorism movements, and you work in terms of trying to track those movements and the dangerous activities, violent activities that they sometimes engender. Would it be helpful to have a statute? You all have no statute to deal with domestic terrorism that would be similar to the international terrorism statutes that we have on the books, and that is hard for me to understand the rationale between that difference. Could you speak to that? Ms. Floris. Sure. And first, thank you, ma'am, for your comments concerning the FBI and the intelligence community. Greatly appreciated. Regarding domestic terrorism, you are absolutely correct. There is not a statute. We cannot charge someone with material support to a domestic terrorism group, and we actually do not have designated domestic terrorism groups. Whether or not that statute would help, I would certainly defer to my colleagues at the Department of Justice, but absolutely, I believe that would help as another tool in defending the Nation against domestic extremists, absolutely. Senator McCaskill. Because we certainly have had more domestic extremist attacks in this country over the last several years than we have had terrorist attacks; is not that correct? Ms. Floris. I would have to go back, ma'am, and look at the exact numbers. I know on the disruption front, on both domestic terrorism and international terrorism over this last year, over a hundred, both domestic terrorism and over 100 international terrorism disruptions in the United States. Senator McCaskill. Thank you. Thank you, Mr. Chairman. Chairman Johnson. Senator Peters. OPENING STATEMENT OF SENATOR PETERS Senator Peters. Thank you, Mr. Chairman and Ranking Member, for calling this hearing, and to our witnesses, thank you for your testimony today. And thank you for being on the front lines of thinking how we deal with this threat that affects us each and every day. In listening to your comments, I certainly noted the trends that you are seeing with ISIS and Syria and Iraq and that we have been very effective. I just got back from a trip to Iraq, and I know we have been very effective in taking territory away from them and certainly changing the narrative that they use as a result of that, but as was mentioned, they still pose a significant threat to us in the cyber domain. And it is certainly my belief and I think it is probably the belief of each and every one of you that probably the most significant national security risk we face as a country comes from the cyber threat that we must deal with. Given that, there was a recent blog post by former Secretary of Defense Ashton Carter, and I would love to have each of you respond to his comments. And in that blog post, he stated that he was ``largely disappointed in cyber command's effectiveness against ISIS.'' He assessed that the U.S. Government failed to produce any effective cyber weapons or techniques to counter the ISIS threat. Just curious as to your reaction to that. Are we producing effective weapons? If not, what do we need to do? We will start with you, Mr. Mitchell. Mr. Mitchell. Thank you for the question, Senator. I think we have been effective against the Islamic state in their cyber realm, in their media production. Most of that has come, though, on the battle field, but we have also done some efforts that I think exceed the classification of this forum and would be glad to talk about those in a different arena. Senator Peters. Well, I appreciate that, and we do not need--the question was not asking those types of questions, but generally, are we resourcing this properly enough? Do we need to do more as a Committee that can work with you to make sure that we are dealing with the issue effectively? Mr. Mitchell. I think the one area--again, cyber is not my portfolio within the Department. It belongs to Ken Rapuano, who I think this Committee is familiar with. But the one area where I do see an issue is defining what constitutes traditional military activities in cyberspace where there are no boundaries and identifying the proper role of various departments and agencies with respect to those operations. I think it is less a question from my perspective of weapons and authorities as it is permissions and delineation between the respective departments. Senator Peters. Ms. Floris, I will jump to you on this question. As you answer this, but in particular, I would like you to elaborate on a comment that you made during your testimony, whether we need to find real partners in the private sector if we are going to effectively deal with the cyber threat. Obviously, with some of our social networking providers like Facebook, Twitter, YouTube, and others have made some positive steps forward, but I assume they need to do more as well as other sites. So would you elaborate on how we deal with the cyber threat here in our country by actively engaging private enterprise? Ms. Floris. Absolutely, sir. As I mentioned, we are increasingly looking to build our relationships with the private sector partners, these companies that have access to data, to individuals, to algorithms that are really on the front line of some of the individuals that we are looking to identify. I think one of the biggest gaps right now is what we like to call identifying the unknowns. Who are those individuals who are not necessarily on the radar of the intelligence community right now, and do these private-sector companies have access to information that could essentially identify someone that then would be of investigative concern to the FBI? So really looking at retail sectors, banking sectors, individuals out in the community who have expressed a willingness to work with the U.S. Government when it comes to national security concerns. Thank you. Senator Peters. Thank you. Mr. Shiao, I want you to answer this question too. I want to pick up and have you expand on a comment you made in your testimony. Although ISIS has lost territory, we have not stopped their effectiveness to potentially strike the homeland. I assume that is through the cyber threat, but if you could elaborate on that comment while addressing the cyber question? Ms. Shiao. Absolutely. Well, from a purely cyber perspective, I think it is worth emphasizing that ISIS really has minimal hacking skills. They are able to deface websites. They have put out hit lists of personally identifiable information (PII) on westerners, but this is primarily for intimidation. It is not a key strength for them. So I just want to make that distinction and then talk a little bit about the propaganda space, where obviously they have had much more impact. One thing I will say about the propaganda space and in terms of HVEs in particular, there is a lot of information out there. We can say it is thick in the HVE bloodstream already, so to speak. So even as we are able to degrade some capabilities to continue to put out and sustain the pace of media releases, we are aware that there is plenty of extremist content out there already in cyberspace. In terms of particularly the companies, as you mentioned, Twitter and Telegram and several others have really worked on their capability to automatically identify and delete ISIS- related content, but they are very challenged because ISIS is quickly able to reconstitute those accounts and to migrate to new platforms. We had seen them in the past relying on Twitter and Telegram to spread their extremist content, but they are using other platforms now. They are using something called Baaz, which is a social media app that is geared toward the Middle East, and we have seen them kind of adopt this widespread use of private groups and encrypted apps as well. They share their video content largely on free file-sharing sites. Archive.org is one of those. When it comes to working with the companies, we think that they have great intent to want to tackle this, but sometimes they lack the CT expertise. So we at NCTC have reached out to them and been engaging on ways we can be helpful in terms of providing education and sharing insight, and of course, as I alluded to in my remarks, making sure that there are alternate narratives available. Senator Peters. Mr. Taylor, we have limited time, but I would love to hear your thoughts. Mr. Taylor. Thank you, Senator. I think on two fronts. One, of the cyber threat aspect, DHS's Office of National Protection Programs Directorate (NPPD) really leads our response in working with the critical infrastructure component as it comes to the private sector. DHS Office of Intelligence and Analysis informs them through identifying the threat that is posed to the critical infrastructure and then allowing them to work with the private sector to identify and mitigate the threat, what is the appropriate response, and what are long-term vulnerabilities associated with it. I would also just comment very quickly on the propaganda aspect that DHS has been working with the tech companies on the Global Internet Forum to combat terrorism, which is really trying to help them learn to police themself and identify the terrorist content that is posted and allow them to quickly remove it from the Internet. Senator Peters. With that, I will yield my time. I appreciate it. Thank you very much. Chairman Johnson. Senator Harris. OPENING STATEMENT OF SENATOR HARRIS Senator Harris. Thank you. Ms. Flores, a few questions for you, but first, I hope you will relay to the men and women of the FBI that we deeply and profoundly appreciate their work, their professionalism, and their service to this country, the work that they do that ranges from enforcement of laws as it relates to human trafficking and transnational criminal organizations (TCOs) to the work that they do contributing to our national security. It is critical work. They do it often without any recognition. They leave their homes knowing that they are putting themselves and their family at risk and all in service to our country. So please relay to the men and women of the FBI how much we appreciate their work and their service to our country. So the question that I have, as you know, ISIS has been successful over the years in radicalizing people online through jihadist propaganda. The New York Times has reported that until recently, hundreds of hours of Anwar al Awlaki's talks were on social media within easy reach of anyone with a phone or a computer. At the same time, we are witnessing growing social media use through official and personal accounts of some of the highest officials in the White House and the Federal Government. This heightened social media usage can have far- reaching implications for our foreign policy with our allies and can shape the extremist propaganda used by our enemies. So my question is, Has the FBI examined the role that social media posts or videos from our own government officials affect the online recruitment tactics used by ISIS? Have you done that assessment, and what is it? Ms. Floris. First, ma'am, thank you again for your comments regarding the work of the FBI. Regarding posts specifically by members of the government and how that impacts radicalization, we have not looked into that. We have looked at how the Internet plays a role in radicalization writ large and certainly concur with my NCTC colleague that the Internet is the primary vehicle of which our subjects use to radicalize and then mobilize. As it relates specific to your question, ma'am, we just do not have that data available. Senator Harris. And have you counseled or advised our own Federal Government officials about their use of social media as it relates to the content that could be used for jihadist propaganda? Ms. Floris. Within the Counterterrorism Division, we have not, but I can certainly take that question back to see if any of my colleagues within the FBI have. Senator Harris. Thank you. As jihadist propaganda increasingly makes its way on to social media and the Internet, has the FBI considered issuing any guidance to companies to curb online recruitment and homegrown violent extremism? Ms. Floris. So the FBI specifically has not directed these companies to take down extremist material. We have seen companies do it on their own accord, but it is not at the direction of us, more in concert with our efforts. Senator Harris. Thank you. Ms. Floris. Sure. Senator Harris. Ms. Shiao, you testified that the number of ISIS fighters in Iraq and Syria has significantly decreased, and I have been to Iraq, as has Senator Peters and most of us I think on this Committee, to see the remarkable effort that your agency has made and the great work of our U.S. servicemembers and coalition partners as we counter ISIS. However, ISIS still maintains a number of branches, as you know, outside of Iraq and Syria, notably in North Africa, West Africa, South Asia, and Southeast Asia. In your testimony, as Senator Peters mentioned, you asserted that despite the progress that has been made on the battlefield against ISIS that its capacity to carry out terrorist attacks has not yet been sufficiently diminished because of the robust social media capability and ability to reach sympathizers around the world. As warfare evolves from physical to online, I have heard people talk about it as a bloodless war. Has our national security strategy kept pace with this shift? Ms. Shiao. Well, I can definitely talk about some of our efforts on terrorism prevention, and I would invite DHS to chime in as well because they are the lead on many of those efforts, but at NCTC, we have developed tools. We have a community awareness briefing. It is designed to catalyze community efforts, to prevent individuals from mobilizing. We have presented that to audience around the United States and also overseas, not just law enforcement and public safety, but also directly to communities. And then we are training locals to be able to do that same kind of engagement. And another important effort is the Terrorism Prevention Planning Workshop. That is also in cities around the United States and that is really taking a particular scenario of an individual, radicalizing to violence, and then bringing together the community voices and law enforcement to talk it through, to identify the gaps that there are, and to create an action plan for when something like this can happen in reality and to just promote trust between them in general. But I would defer to DHS to talk a little bit more on terrorism prevention. Mr. Taylor. Senator, thank you very much for the question. There is two folds when it comes to the prevention piece. Last week, Acting Secretary Duke identified a new organization which is the Office of Terrorism Prevention and Partnership, which is a re-tool of a previous office within I&A, and the real goal is that it is trying to, one, create awareness within the communities of what threats that are there and many of which that may be facilitated through the Internet, but informing the resources that are there trying to change the message when it comes to the radicalization that is also being promulgated on the Internet, and work with those voices that are within the communities and that are credible in order to try to change the ground game when it comes to the State and locals that are there. The other aspect of this is also trying to better identify early warning type of things, trying to work with the State and local law enforcement, and also with those community partners in order to ensure that they have as much information as we can provide them with what those threats are coming and being promulgated from the Internet so that they can take action. And that goes through training and just community awareness. Senator Harris. Thank you. My final question is for Ms. Floris. As Attorney General in California, we implemented an implicit bias training for law enforcement in the State. It was a collaboration of leaders in law enforcement and others, because we understand that no one is immune from biases, and as you know, implicit bias should not be inferred as accusing someone of being racist or it should not be assumed to be a criticism. We are all subject to bias. So my question is that it is my understanding that Director Comey required FBI agents and analysts to receive this training. Has the FBI continued this mandatory policy of providing implicit bias training for the agents and the lawyers of the agency? Ms. Floris. Thank you. I do remember that training. I would have to go back and see if it is continuing under Director Wray's leadership. Senator Harris. OK. And please follow up with this Committee. Ms. Floris. Yes, ma'am. Sure. Senator Harris. Thank you. I have nothing else. Chairman Johnson. Senator Hassan. OPENING STATEMENT OF SENATOR HASSAN Senator Hassan. Thank you, Mr. Chairman and Ranking Member McCaskill, for holding this hearing. Thanks to all of the witnesses today for not only being here but, as importantly, if not more importantly, for your work, and I will add my thanks to the thanks you have heard from other Members of the Committee for the women and men under your leadership for everything they do to protect our country. We are very grateful. I wanted to start with a question, Ms. Shiao, for you because I want to discuss the thread of foreign fighters. Last year, then FBI Director Comey alluded to the possibility that there would be a flight of ISIS fighters after Raqqa fell. These fighters would return to their countries of origin or to other countries and carry out attacks against the West, was the theory. Before this Committee in September, NCTC Director Rasmussen gave the impression that the intelligence community's assessment was that ISIS foreign fighters would treat Raqqa as their Alamo and fight to the death to defend this so-called caliphate. Since that hearing, Raqqa has fallen, but news reports have indicated that rather than fighting to the death, many ISIS fighters fled the city. For instance, the Department of Defense's own news service published an article on October 10 entitled ``ISIS Fighters Continue to Flee, DOD Spokesman Says.'' So, Ms. Shiao, can you set the record straight on the current ISIS foreign fighter threat, now that Raqqa has fallen? Ms. Shiao. Absolutely. Thank you for the question. So we still expect that many foreign fighters have and will stay to fight in the theater and possibly die there, as we have seen in previous battles, but at least some will leave. This does not mean that they are necessarily going to return to their countries of origin, however, nor that they are going to congregate in a particular conflict zone. In fact, in terms of trend analysis, we have not seen either of those things yet. But it is worth remembering, I think, in this discussion that it is not actually very easy to leave that region. So the foreign fighters would have to cross basically three hurdles. One, they would have to escape ISIS control, which is not an easy thing to do. ISIS often requires that they ask permission to leave areas of control and threatens retaliation against them as well as their families. The second thing they would have to do is evade the military forces in the region. Senator Hassan. Yes. Ms. Shiao. And the third thing is secure travel documents and financial support to get out as well. So I think it is worth noting that Turkey has worked with the United States to secure large portions of the border with Syria. They have deported individuals that they assess belong to ISIS, and they have added more weapons and manpower as well along areas of the border. Senator Hassan. So do we have our own strategy for dealing with the ISIS foreign fighter threat post fall of the caliphate? Ms. Shiao. Well, certainly, when it comes to foreign fighters, we have been engaged in working to ensure with DOD and with our foreign partners that we have as much information about terrorist identities as possible, so we can feed that into NCTC's Terrorist Identities Datamart Environment (TIDE). TIDE is the basis by which all individuals trying to enter the United States through any form of immigration benefit, whether it is the refugee program, whether it is visas are screened against. So we work with our partners to make sure that that information is as robust as possible. And as Mr. Mitchell mentioned, one of the key areas that we are continuing to work on in that screening arena is biometric information, which will be a leap forward. Senator Hassan. Right. Thank you for that answer, and let me turn to Mr. Mitchell because this next question really falls right on what Ms. Shiao was just talking about, because I want to touch on the report from the British Broadcasting Corporation (BBC) from November 13 that indicated that the United States approved a deal to allow ISIS fighters and their families to flee Raqqa. And, Mr. Chairman, I would like to enter that news story into the record.\1\ --------------------------------------------------------------------------- \1\ The news article appears in the Appendix on page 53. --------------------------------------------------------------------------- Chairman Johnson. Without objection. Senator Hassan. Thank you. Here are a couple of the key points from the news story. The convoy, according to one of the drivers interviewed, was 6 to 7 kilometers long, included almost 50 trucks, 13 buses, more than 100 of ISIS's own vehicles, and tons of ISIS weapons and ammunition. The convoy included scores of foreign fighters from ``France, Turkey, Azerbaijan, Pakistan, Yemen, Saudi, China, Tunisia, Egypt.'' It also reportedly included some of ISIS's most notorious members. A Pentagon spokesman indicated that this was not a U.S.- orchestrated deal, but that an agreement had been reached to screen ISIS aged males who were leaving as part of the convoy. It is clear that anyone who left Raqqa as part of that ISIS convoy could potentially be a future terrorist threat, and especially any foreign fighters among them. Therefore, it is critical that the United States take proper precautions to screen and collect fingerprints for everyone on that convoy. So I would like to drill down on exactly what kind of screening took place. First, to you, Mr. Mitchell, who agreed to this deal and this process, and did we administer the screening? And did all members of the convoy have their fingerprints collected? Mr. Mitchell. I thank you for the question, Senator. I am not familiar with the BBC report. I do recall the discussions of the convoy, but I did not have any insight. Those decisions were made by the tactical commanders on the ground. Senator Hassan. OK. Mr. Mitchell. And I would be glad to get back to you with additional information to answer that question. Senator Hassan. That would be terrific. Thank you. Mr. Mitchell. But what I do want to address is one of the things that we have done on the battlefield---- Senator Hassan. Yes. Mr. Mitchell [continuing]. Is we have equipped our SDF partners and our Iraqi partners, even folks that were not actively with biometric screening tools, so that every fighter they encounter on the battlefield is being biometrically screened and enrolled, and that information is being passed to us. So that is the first thing that we are doing. The second thing is the Department of Defense in 2014 stood up an effort to address really at that time the flow of foreign fighters in, but it has since shifted to the flow of foreign fighters out. Jordan has over 24 international partners, both military, law enforcement, and international organizations. That is a forum where we not only share information, principally unclassified publicly available information, and we help these other partners to take their proprietary information from their country about individuals who might have left to look at social media and other publicly available information, to combine it with that. They share all that with the United States, and then they have an opportunity to share with other partners. Again, it is specifically focused on identifying that flow of foreign fighters. It is complementary to the work that is done in the intelligence communities. Senator Hassan. Yes. Mr. Mitchell. But I would be happy in a different forum to provide some information on the successes that we have enjoyed there. Senator Hassan. Well, that would be great, and my time is up. So I will just say that I have some follow up questions for you all about how this information is coming back to our watch list and the like, and I would look forward to submitting those questions on the record and getting your responses. Thank you. Chairman Johnson. Thank you, Senator Hassan. Ms. Shiao, I was encouraged by your testimony in terms of the flow of the dead-enders, I guess. Outside, it is very difficult to do. What are the primary escape routes? We had the migrant flow when Turkey was not really enforcing its borders. Has that been the most significant reason we have been able to clamp down on that? What are other escape route potentials? Ms. Shiao. Certainly, Turkey has been a key area of concern. The migrant flow into Europe has improved in the last year or so. As you know, ISIS sent several operatives into Europe for attacks back in 2015 by exploiting that migrant flow of both refugees and migrants themselves, and it has been difficult for our European partners to fully vet each individual, but there have been increased border controls put in place since that time. And the EU-Turkey Migration Agreement, which was signed back in March 2016, we think that also stemmed the flow a bit. And I would just reiterate when we talk about this, I mentioned already the fact that we work very closely with our foreign partners to make sure that all of the information that is available on terrorist identities becomes part of TIDE and is useful in terms of screening. But I also just want to emphasize that unlike in the European space, in the United States applicants who are applying for things like refugee benefits have little or no control over where they are going to go. They apply through the United Nations (U.N.), and the U.N. determines where they are going to refer them based on many factors, things like their health, whether they have family in a particular place. So that in conjunction with the robust screening that I have mentioned is definitely something that I think puts us in better stead that our European partners, but some of the challenges that they face to disruption are very similar in terms of the use of secure mobile messaging apps and the fact that these days, we are seeing an emphasis in propaganda on using widely available materials that make it more difficult for law enforcement to detect sort of a lower barrier of entry into that space. Chairman Johnson. The biggest risk of ISIS fighters escaping the war zone in Syria was really through Turkey, correct? There is really not---- Ms. Shiao. Yes. Chairman Johnson [continuing]. Very attractive escape routes elsewhere, correct? Ms. Shiao. Yes. Chairman Johnson. Can you just assess the current relationship between al-Qaeda and ISIS? Ms. Shiao. The current relationship between al-Qaeda and ISIS, well, there will be rivalries there, but that is definitely the case. And in some places, for instance, Somalia, there is open hostilities between ISIS elements and al-Qaeda- aligned elements like Shabaab. Chairman Johnson. But there are also areas of potential agreement and cooperation, and will that relationship continue to evolve? Ms. Shiao. Sure, it will. I mean, I do think in terms of--a good point to make about HVEs, because we talk about the two groups as being very separate, the typical HVE, both here or someone who is self- radicalizing and inspired by on the Internet, these distinctions between which group, whether it is ISIS or al- Qaeda, whether it is current propaganda or whether it is something very historic like the Awlaki things that are available in large abundance online is not necessarily important. It is the resonance of the material and the overall message, some of the themes coming against the United States and the West as fundamental enemies, which are probably what is going to resonate most with those kinds of individuals. Chairman Johnson. Mr. Mitchell, in a hearing in the Senate Foreign Relations Committee, Chairman Corker talked about 19 different nations or countries that we have a Defense Department presence trying to combat this type of terror threat. Which are the most likely failed States that could be set up as a new base of operations for either ISIS or al-Qaeda? Mr. Mitchell. Thank you for the question, Senator. I think the areas that we have seen that are the most troubling and provide the most potential for ISIS in particular to establish a new base, first of all, would be Yemen, which has--I think everyone on the Committee is well aware, it has a failed government and is racked by civil war. Even when it was not civil war, there was extensive conflict within the society and support for al-Qaeda, and now we have seen some support for the Islamic State there in Yemen. Libya, another failed State already. We have seen ISIS attempt to establish a foothold there. They have not been successful. We have managed to strike some of their training camps and set them back pretty significantly, but it is an area where I think we will see them continue. And then in the Sahel, Southern Libya, Mali, Niger, the vast ungoverned spaces there are areas that we are particularly concerned with. Chairman Johnson. What is the threat within Southeast Asia? Mr. Mitchell. We have seen a--first of all, within the Philippines, Marawi City, and the ISIS seizure of that and a siege that lasted several months. So that is an area of increased concern. And then Indonesia increasingly has become a haven for Islamist extremists. And we have seen it not just in the-- society at large but also in the government. One of the challenges that we face with a country like Indonesia and foreign fighters returning is that they do not have the domestic legal authorities to arrest and charge these people with anything, so that--they come, they go into society. Some of them do get arrested for other crimes, but we are concerned that prisons are serving as a source of radicalization. So the threat in Southeast Asia is definitely a concern for us. Chairman Johnson. So based on our historical experience, we basically allowed al-Qaeda to develop a base of operation in Afghanistan, and then we allowed ISIS to rise in the ashes of what was al-Qaeda in Iraq. Would it be safe to say that a top priority of the Defense Department and really of our U.S. policy would be to prevent the buildup to a point where they have a pretty strong presence in a failed State? I mean, is that, first of all, the first step, a top priority in these 19 nations? Mr. Mitchell. Absolutely. That is one of the reasons, for example, why we are in West Africa and why we have been in Somalia and North Africa--because we recognized years ago that these were potential areas, and we are trying to get there, get ahead of the extremists movements there. Same within the Philippines and other parts of Asia. And so that is definitely part of the Department strategy. Chairman Johnson. OK. I am going to have another line of questioning. Senator Daines, are you ready to ask your questions? OPENING STATEMENT OF SENATOR DAINES Senator Daines. Yes. Chairman Johnson. Go ahead. Senator Daines. Thank you, Mr. Chairman, Ranking Member McCaskill. Thank you all for testifying here today. Since 9/11, the United States has made great progress in curbing terrorism around the globe, and we are thankful for that. As U.S.-backed forces regained control in Raqqa, President Trump aptly noted that--and I quote--``The end of the ISIS caliphate is in sight.'' Yet our homeland remains very vulnerable. In fact, within days of the victory in Raqqa, a young man from Uzbekistan drove a truck down a bicycle lane in New York City killing eight, wounding a dozen others, in the name of Allah. This was noted by the Heritage Foundation as the 100th terror plot on U.S. soil since 9/11, just blocks away from One World Trade Center. Defending the homeland is arguably more difficult than fighting terrorism abroad, given the patchwork of authorities and capabilities each agency provides as well as the inherent complexities of protecting civil society, without compromising constitutional liberties. Over the past decade, extremist groups, such as ISIS, have increasingly leveraged social media to recruit as well as to radicalize. Fox News recently reported how Facebook is using artificial intelligence and machine learning to detect as well as filter these threats. Mr. Taylor, you touched on this in your testimony. My question is, How can the government incentivize and leverage this activity among private businesses while at the same time preserving First Amendment rights? Mr. Taylor. Thank you, sir, for the question. I would say homeland security, as you know, is a shared responsibility, so it is not one entity, whether it is the FBI or NCTC, DOD, that is going to be able to respond and protect all aspects of the threats that are facing the country. I think our biggest part from DHS's perspective is partnerships. It is a responsibility and one of the things that is in our core competencies is to work with our private sector, our State and locals, in order to best identify and provide them with the information that is relevant so that they can take action, so that they can police themself when it comes to some of these areas, while also protecting people's First Amendment's rights for comments. I think it is a significant challenge working with the private sector, whether it is with the critical infrastructure sector, which is 95 percent owned by private industry, in order to leverage the data that we own or we possess within the IC informing them at the level in which it can be actually actioned, so that they can take action to mitigate threats that they face, or to also identify whether it is insider threats, etc., that wish to do them harm. Senator Daines. The FBI has identified the Internet and social media as two of the greatest factors contributing to the terrorism threat landscape. In fact, one company in my hometown of Bozeman, Montana, has developed advanced technologies to deny, disrupt, and defend against advanced cyber risks, which were used extensively, in fact, during the last presidential election, and they helped identify four ISIS members in Germany this time last year. Ms. Floris, how does the FBI's counterterrorism strategies address these threats, and how is the agency leveraging private-sector companies, new technologies, such as HOPLITE, to identify and investigate potential threats? Ms. Floris. Thank you, sir. I can certainly say that from the Counterterrorism Division's perspective, the increases in use in social media to radicalize and inspire individuals has certainly been a concern of ours, especially with the rise of ISIS, and we have significantly shifted resources to address this change and how they essentially reach individuals here in the United States. I would say in the 2015 timeframe, this became more apparent than any other timeframe that we were tracking ISIS. We continue to have outreach to the private-sector companies, dialogue about what the threat picture is, how relevant social media is to the increased threat picture we face here in the homeland. Propagating terrorist messaging in and of itself is not a crime, so we are certainly limited based on what we can and cannot do with First Amendment-protected rights. That being said, socializing these private companies to the threat and to how their companies in social media is being used to propagate the message then empowers them to do something on their behalf with the tools that they have in place within their own companies, and we have certainly seen some successes in the private sector industry, a more willingness to work with the U.S. Government, and essentially be part of the solution when it comes to thwarting these national security threats. Senator Daines. Having been one who spent 13 years in a cloud computing startup, I went from a small company to a world-class enterprise software operation. I am grateful that we are keeping an eye on some of these fast-moving, fast- developing startups. Oftentimes the greatest innovation is found--they always say nobody gets fired for buying--you fill in the blank--your large enterprise software company. I will not make anybody mad here by putting a name in there, but I think sometimes we see the best solutions coming out of the private sector and some of these smaller companies. I want to shift gears here and talk about some cyber attacks, one that was very relevant to my State, and a clandestine cyber attack. These have become the preferred weapon of our adversaries to adversely affect Americans here at home. We had a recent attack on a Montana school in Columbia Falls by an overseas actor. It forced the closure of several schools. It affected over 15,000 students. Ms. Shiao, how is the intelligence community staying ahead of these threats, and is the information gathered being used in meaningful ways to reduce these types of attacks? Ms. Shiao. I can definitely speak to this from the perspective of terrorist use of the Internet, and at NCTC, we coordinate whole-of-government integrated action on terrorist use of the Internet, particularly ISIS, as part of the larger defeat-ISIS strategies that we develop. In the analytic community, it is obviously a large focus of our attention to make sure that we accurately assess all terrorist cyber capabilities. As I had said, earlier, we do not see hacking skills as one of ISIS's core strengths in particular. For them, we worry about the propaganda space, but I am happy to defer to DHS or others who cover cyber more broadly than just from a terrorism perspective. Senator Daines. Thoughts on that, Mr. Taylor? Mr. Taylor. Sir, I would say from DHS's perspective, part of our goal is to inform those, whether it is State and local government or private-sector entities, of the threat that has been identified from the IC, getting it into a level that it can be shared and passed on to the State and local network defenders, etc. so that they can take the proactive or mitigation activities in order to eliminate the threat. It is something in which our National Protection and Programs Directorate does every day with taking that information and working with those sectors, and with those State and locals, whether it is by the deployment of cert teams that are going out to help the mitigation of vulnerabilities, or threats that have occurred, or attacks that have happened to help them reconstitute their activities, so that is from the DHS aspect. Directly to your question on the events at the Montana school, I would defer to the FBI. Senator Daines. OK. Thank you. Chairman Johnson. Thank you, Senator Daines. I just have a couple lines of questioning, and then we will close out the hearing. When we talk about the cyber caliphate, in my mind, it is really split in two categories. One is encryption being used, but quite honestly, I am not sure there is much of anything we can really do about it. By the determined terrorists, people are already part of the organization, people they have identified that they want to help direct, and then you just have the more broad use of the social media platforms. And I think both of those really represent totally different risks and aspects of this. We have talked about social media companies trying to identify automatically, take down some of these materials. I want to talk a little bit--and it is one of the reasons I asked Justice Department to be part of this--the legal authority we have, and I want to do it in the framework of what we currently do with the laws in the books, for example, to combat child pornography versus what legal authorities we have to combat instructions on how to commit terrorist acts. Can you just kind of speak to the difference between those two aspects? Do we need expanded legal authority to be able to force this--well, first of all, to make it illegal, the use of it, the downloading of it? Can you speak to that, Ms. Floris? Ms. Floris. So as far as expanding authorities, I would have to defer that line of questioning to my colleagues at the Department of Justice. I will say that right now, possessing, downloading, storing any sort of radicalizing material in and of itself is not a crime, again, because the protection of the First Amendment. That being said---- Chairman Johnson. But, again, child pornography is. Ms. Floris. Absolutely, sir. Chairman Johnson. So we have a real distinction there. OK. Ms. Floris. Absolutely. And whether we need and/or are pushing for legislation on the idea of extremist propaganda, I certainly cannot speak to that, but I am happy to take that question back. Chairman Johnson. Because the fact of the matter is, if we make it more difficult to obtain this, we make it illegal to download it, again, we certainly have not removed all child pornography off the Internet, but it is probably far less prevalent on the Internet than some of this ISIS inspiring-type material, correct? I mean, is that basically a true statement? Ms. Floris. You are absolutely right. We being the FBI have not taken down any sort of extremist propaganda. As I said, some companies are doing it on their own accord, and we have seen some successes in removing extremist content from these social media platforms. What we are doing is continuing to work with our IC partners and certainly our partners in DOD to identify individuals involved in the production of this media, individuals we know are definitively tied to foreign terrorist organizations, individuals that we can actually go out there and charge with some sort of material support clause. Chairman Johnson. Would any other witnesses want to command on that particular point? Mr. Mitchell. I would just say from the Department of Defense perspective, we have very actively sought to identify and to target those individuals and those nodes, particularly within Iraq and Syria, the leadership and their lower echelons that are involved in that production, and I think we have done that very effectively. We have seen a significant decrease in there propaganda output. Chairman Johnson. And, again, without giving away any State secrets on this, is it possible for us to identify where this is coming from and pretty effectively target it, or is it pretty difficult because it is very difficult to identify the source within the World Wide Web? Mr. Mitchell. I think there are some efforts that we can identify, and this is another area where our efforts under the Operation Gallant Phoenix in Jordan become very important because if we can identify them and they are one of those countries that we are partnered with, we can share that information with their law enforcement agencies and identify those individuals and hopefully bring them to justice. Chairman Johnson. Again, I am centering on this because this is the new caliphate in cyberspace. For example, Ms. Floris, I just want to ask you the question. ISIS has claimed responsibility for the Las Vegas attack. Have you uncovered any evidence that would lend credence to that claim? Ms. Floris. No, sir, we have no evidence at this point that Las Vegas was ideologically motivated. Chairman Johnson. OK. Ms. Floris, also in your testimony, you spoke about the Section 702 authority expiring at the end of this year. I will ask all the witnesses. Is there any evidence? Has there been any claim of an abuse, civil liberties abuse under Section 702 since it has been enacted? Because that is obviously one of the pushbacks of reauthorizing that program. And then I would also ask you to talk about why you think it is pretty important to reauthorize that. Ms. Floris. Sure. I can start and certainly turn it over to my colleagues. To your first question, sir, not that I am aware of that there has been any abuses of this tool, and I will say that the FBI strongly supports renewal of 702 collection. It is one of the most valuable tools, I would say, in our toolkit when it comes to thwarting the national security threats that we face today. In the world we live in today, we are finding just one piece of intelligence can lead to a complete disruption. In my mind, we need to be cognizant to maintain whatever we have to make sure that we are well placed to identify those nodes of intelligence. Chairman Johnson. So, again, without revealing any classified information, are there any metrics you can point to of how effective Section 702 has been, attacks thwarted, that type of thing? Ms. Floris. Not off the top of my head, sir, but I am certainly happy to take that question back. Chairman Johnson. Can you say that there have been attacks---- Ms. Floris. There have been, sir. Chairman Johnson. There have been attacks thwarted because of Section 702? Ms. Floris. Yes, sir. There is one example that comes to mind that I can certainly speak to in a classified setting. Chairman Johnson. OK. I would just ask, Mr. Taylor, you do have--DHS does have-- and the Office of Intelligence and Analysis has the legal authority to collect and disseminate this type of threat information. Part of the reason DHS was established was after the 9/11 incident, the attack. There were reports of stovepipes within these different agencies, and this is an attempt to knock down those stovepipes. First of all, how effective have we been at eliminating those stovepipes? Are they still in existence? Are they being built back up? What is the current State of information sharing within our agencies? Mr. Taylor. Thank you, Senator, for the question. I would say within DHS, there is certainly a new review from top to bottom as far as integrating, better integrating intelligence and operation within the Department as a whole. Whether it is daily conferences that the Secretary will host with the operation components to ensure when the threat information has been identified from the IC that there is appropriate mitigation response, and what are long-term vulnerabilities identified from the Department aspect. Working closely with our State and locals, that is an everyday activity that the deployed personnel of the Department, whether from I&A proper or from the other operation components, generally tried to leverage the entities that are deployed around the country, whether you are in southwest Texas, southeast Texas, etc on the information that they have-- State and locals, that is relevant to the IC and pulling that information back to ensure it is appropriately shared. But it is a two-way street. It is the responsibility of our Department to ensure that the information from the IC that is relevant to our State and local partners is put into a form that can be shared at the appropriate classification level so that they can take actions to mitigate responses and threats within. Chairman Johnson. And I would say that is the pretty consistent complaint I have from State and local is send a lot of information up, do not get nearly as much back down. I understand there is a real issue there too. So any other of the witnesses want to comment on that? Are you particularly identify problems that need to be addressed. Start with you, Mr. Mitchell. Mr. Mitchell. I thank you, Senator. I am not aware of any significant problems. I think our overall inter-agency communications are working very well and better than they have in a long time. Chairman Johnson. So it has been improved significantly since 9/11? Mr. Mitchell. Yes, absolutely. Chairman Johnson. Ms. Shiao. Ms. Shiao. I absolutely agree, and I would just emphasize that at NCTC, we see it as a very core and critical part of our mission to keep State, local, and tribal officials completely informed of the threat picture. So all of our analysts when they are sitting down, even to write for the most senior customers, are also thinking about how they can tell that story at the lowest classification level, get it out to the unclassified arena, and figure out how to inform that audience in particular. Chairman Johnson. Ms. Floris. Ms. Floris. I would certainly echo the comments of my colleagues. Information, intelligence sharing, whether it is across the community or with our partners, is absolutely paramount to our mission, and you can look at any one of the hundreds of Joint Terrorism Task Forces (JTTFs) we have across all 56 of our field offices as really a primary example of this inter-agency collaboration and collaboration with our State and local partners as well. Chairman Johnson. OK. Thank you. Well, again, I want to thank the witnesses for taking the time to testify, the answers to our questions, your testimony, for your service to this Nation. Please convey the gratitude of this Committee and quite honestly I think every American to the men and women in your agencies that are doing everything they can to keep this Nation safe and secure, so our sincere gratitude and thanks. With that, the hearing record will remain open for 15 days until December 21, 5 p.m. for the submission of statements and questions for the record. This hearing is adjourned. [Whereupon, at 11:27 a.m., the Committee was adjourned.] A P P E N D I X ---------- [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [all]