[Senate Hearing 116-164]
[From the U.S. Government Publishing Office]
S. Hrg. 116-164
DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS FOR FISCAL YEAR 2021
=======================================================================
HEARINGS
BEFORE A
SUBCOMMITTEE OF THE
COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
on
H.R. 7669
AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOME-
LAND SECURITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021,
AND FOR OTHER PURPOSES
__________
Department of Homeland Security
Transporation Security Administration
__________
Printed for the use of the Committee on Appropriations
Available via http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
40-183 PDF WASHINGTON : 2022
-----------------------------------------------------------------------------------
COMMITTEE ON APPROPRIATIONS
RICHARD C. SHELBY, Alabama, Chairman
MITCH McCONNELL, Kentucky PATRICK J. LEAHY, Vermont, Vice
LAMAR ALEXANDER, Tennessee Chairman
SUSAN M. COLLINS, Maine PATTY MURRAY, Washington
LISA MURKOWSKI, Alaska DIANNE FEINSTEIN, California
LINDSEY GRAHAM, South Carolina RICHARD J. DURBIN, Illinois
ROY BLUNT, Missouri JACK REED, Rhode Island
JERRY MORAN, Kansas JON TESTER, Montana
JOHN HOEVEN, North Dakota TOM UDALL, New Mexico
JOHN BOOZMAN, Arkansas JEANNE SHAHEEN, New Hampshire
SHELLEY MOORE CAPITO, West Virginia JEFF MERKLEY, Oregon
JAMES LANKFORD, Oklahoma CHRISTOPHER A. COONS, Delaware
STEVE DAINES, Montana BRIAN SCHATZ, Hawaii
JOHN KENNEDY, Louisiana TAMMY BALDWIN, Wisconsin
MARCO RUBIO, Florida CHRISTOPHER MURPHY, Connecticut
CINDY HYDE-SMITH, Mississippi JOE MANCHIN, III, West Virginia
CHRIS VAN HOLLEN, Maryland
Shannon Hutcherson Hines, Staff Director
Charles E. Kieffer, Minority Staff Director
------
Subcommittee on the Department of Homeland Security
SHELLEY MOORE CAPITO, West Virginia, Chairman
RICHARD C. SHELBY, Alabama JON TESTER, Montana, Ranking
LISA MURKOWSKI, Alaska JEANNE SHAHEEN, New Hampshire
JOHN BOOZMAN, Arkansas PATRICK J. LEAHY, Vermont
JOHN HOEVEN, North Dakota PATTY MURRAY, Washington
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
JOHN KENNEDY, Louisiana JOE MANCHIN, West Virginia
Professional Staff
Peter Babb
Chris Cook
Justin Harper
Thompson Moore
Kamela Whiter
Scott Nance (Minority)
Drenan E. Dudley (Minority)
Reeves Hart (Minority)
Jennifer Piatt (Minority)
Administrative Support
Anna Lanier Fischer
C O N T E N T S
----------
Page
Tuesday, February 25, 2020
Department of Homeland Security.................................. 1
Tuesday, March 3, 2020
Department of Homeland Security: Transporation Security
Administration................................................. 45
----------
back matter
List of Witnesses, Communications, and Prepared Statements....... 71
Subject Index:
Department of Homeland Security.............................. 73
Transporation Security Administration........................ 74
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS FOR FISCAL YEAR 2021
----------
TUESDAY, FEBRUARY 25, 2020
U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.
The subcommittee met, at 10:00 a.m. in Room SD-138, Dirksen
Senate Office Building, Hon. Shelley Moore Capito (chairman)
presiding.
Present: Senators Capito, Hoeven, Kennedy, Hyde-Smith,
Lankford, Tester, Shaheen, Leahy, Baldwin.
DEPARTMENT OF HOMELAND SECURITY
STATEMENT OF HON. CHAD WOLF, ACTING SECRETARY
opening statement of senator shelley moore capito
Senator Capito. Welcome. I call this hearing of the
Subcommittee on Homeland Security to order. This is the
subcommittee's first hearing of the fiscal year 2021 budget
cycle.
And we are pleased to be joined by the Acting Secretary of
Homeland Security, Chad Wolf.
Thank you, Mr. Acting Secretary.
Mr. Wolf was named Acting Secretary of Homeland Security on
November the 13th, 2019. Prior to taking on this very
challenging task, he developed and coordinated strategies and
policies that advanced the homeland security mission and
protected the American public through his leadership role in
the Office of Strategy, Policy, and Plans. Mr. Wolf is a
recipient of the U.S. Secretary of Homeland Security's
Distinguished Service Medal for his initiatives to counter
domestic and international terrorism and safeguard American
interests throughout the duration of his career at the
Department.
So, thank you for that.
I'm glad to be joined by our subcommittee's Ranking Member,
Senator Tester. We are continuing to consider--or beginning to
consider, actually, the fiscal year 2021 budget request, and
look forward to further insight today from you, Mr. Secretary.
Very pleased to be joined by the Ranking Member of the full
committee Senator Leahy, as well.
In fiscal year 2021, I hope to build on the progress made
in the fiscal year 2020 bill, which was enacted on December the
20th, 2019, on a broad bipartisan basis. Our 2020 bill provided
a total of $50.46 billion in discretionary funding, and
included several significant investments that will shape and
protect the homeland for years to come. It provided billions of
dollars to support border security, including funding for a
border-wall system, sensors and cameras, humanitarian care
requirements, and health, life, and safety issues, all at
existing Border Patrol facilities. It provided more than 22
billion for FEMA to support disaster relief efforts and State
grant programs. It provided additional funding for the Office
of Targeted Violence and Terrorism Prevention to combat
emerging threats. It funded the deployment of aviation security
equipment--which I actually saw, myself, at TSA headquarters
designed to enhance global threat detection capabilities and
increase efficiencies for our travelers; included billions of
dollars to ensure that the men and women of the U.S. Coast
Guard have the operational capacity to carry out their domestic
and overseas missions; prioritized funding for election
security certainly in 2020, it's critical and provided funding
for greater cyber threat analysis and response capability in
Federal, State, local, tribal, and critical infrastructure
networks. It provided millions of dollars to develop a
detection system for small nuclear material, smuggled
narcotics, and conventional explosives. It also included
funding in grant support for missing and exploited children
investigations.
But, one of the things I'm most proud of that's in that
2020 bill, because it's so critical to me and my State, is the
continuing efforts of the Department to combat the opioid and
methamphetamine crisis. Our State of West Virginia is acutely
affected by this challenge. It's promising to see that the
investments made by the first bill in 2019, the subsequent bill
in 2020, have had some tangible impacts, and some of these
previous investments include increases to law enforcement
personnel and improvements to detection equipment at ports of
entry; investments to significantly enhance ICE's ability to
investigate the drug trade on the dark web; and funding to
increase ICE investigative staffing in Appalachia, particularly
affected area, and other regions affected by the drug crisis;
and funding for the opioid detection research. These are real
investments that will make a significant difference, and we
plan to continue to work with you to make sure these
investments are put to good use.
When we conducted our hearing with the Department of
Homeland Security for fiscal year 2020, we spent the majority
of our time discussing the security and humanitarian crisis at
the southwest border. At that time, the border crisis was
receiving a great deal of attention, and rightly so. After
billions of dollars of investments through a supplemental
appropriations and our fiscal year 2020 bill, I can say that
the intensity of the situation at the border has diminished.
But, challenges obviously still remain, with tens of thousands
of apprehensions every month and tons of seizures of
contraband.
We helped provide what was needed at the border, but, at
the same time, we, as a subcommittee, did not lose sight of the
Department's many other critical missions throughout the
duration of the crisis. And just name some: counterterrorism,
trade enforcement, human trafficking, maritime security, opioid
and drug interdiction, presidential protection, cybersecurity,
infrastructure protection, emergency management, continuity of
government, immigration services, law enforcement training,
countering weapons of mass destruction, State and local
information-sharing, and, most recently, supporting efforts to
contain the coronavirus, just to name a few.
I know, going forward, we'll remember the role that this
subcommittee played in enabling and scrutinizing all of the
missions of the Department. As we are discussing all the
Department's missions, I'd like to note the budget proposals to
shift the Secret Service out of the Department of Homeland
Security. As you know, and as I feel, the Secret Service is a
critical component of the Department, and conducts important
missions across our Nation. And I look forward to better
understanding this proposal.
Given all of the Department's critical needs, I am again
disappointed that many parts of this budget request are not
grounded in reality, including, one, assuming that the
appropriate committees of Congress will authorize new revenue;
two, assuming that the appropriate committees of Congress will
restructure FEMA grants and that the appropriations committee
will agree to cut these grants by three-fourths of a billion
dollars; and, three, failing to annualize many of the critical
bipartisan security-related activities that we funded in fiscal
year 20. These funding gaps allow the Department to propose
spending money that it does not have, throwing a massive bill
on our laps and making our job harder. Congress is not afforded
the luxury of ignoring reality and pushing think-tank-like
concepts when it enacts appropriations bills.
While the practice of digging budgetary holes and expecting
Congress to fill them may prevent the Department from making
tough choices at the time that the budget is presented, it
actually reduces the Department's influence over the final
outcome.
Acting Secretary Wolf, thank you for appearing before us
today. We will make sure that you and your team keep us up to
date on what resources you need to continue the good work that
you are doing.
And I now turn to my Ranking Member, Senator Tester, from
Montana.
statement of senator jon tester
Senator Tester. Thank you, Chairman Capito. And I want to
thank you very, very much for having this hearing today.
And I want to thank you, Acting Secretary Wolf, for being
here to discuss the fiscal 2021 budget request for the
Department of Homeland Security. I would be remiss if I didn't
say, I think it's very unfortunate that ``Acting'' is in front
of your name. I think we've found plenty of time to nominate
and confirm judges who some aren't even qualified, but yet
somebody who has your stature does not get confirmation to have
that permanent designation. And I just want to put that in for
the record.
I want to express my thanks, not only to you, but to the
240,000 employees of DHS who work to keep us safe and the
homeland secure. DHS, as the Chairman has pointed out, has a
broad mission, including countering terrorism from foreign and
domestic threats, securing cyberspace and critical
infrastructure, and threatening preparedness and resilience,
supporting natural disaster response and recovery, and securing
our borders. I look forward to hearing from you on how your
budget balances against these priorities. Because, at first
glance, the budget doesn't fully appear to address some of the
real security vulnerabilities that our country faces.
The proposed budget places an emphasis on an ineffective
border wall and requests thousands of new deportation officers
and detention beds. This all seems to be funded by cuts to
vital national security programs, such as cybersecurity,
aviation security, chemical security, preparedness grants for
local communities, and innovative research. This is an alarming
trend.
With regard to the border wall, Congress has appropriated
$4.5 billion over the last 4 fiscal years. The President has
taken another $10.1 billion from military, and 601 million from
Treasury Forfeiture Fund, over bipartisan objection of
Congress. Put all those numbers together. That's almost $20
billion. And now we're being asked to fund another $2 billion
in DHS budget for fiscal 2021. Not one dime of this has been
paid for by Mexico, as the President had promised. All these
dollars have been paid for by the American taxpayer. This is a
wall that will take hundreds of miles of property from ranchers
and farmers, it will threaten the border's ecosystem and cost
nearly $25 million per mile, on average, when alternate
technology solutions could be deployed at a much lower cost.
I would also tell you that I've had many people contact me
on this wall on the southern border and how it's going to
impact agriculture. I'm forwarding you one of those emails that
was sent to me from a Trump supporter on the southern border
who's having their ranch literally cut in half by this wall if
it goes up.
We still don't have a plan that explains how this funding
will be used. The last border wall plan DHS submitted is out of
date, and the GAO, the Government Accountability Office,
criticized it as being incomplete and lacking in several key
areas. Further, 2 weeks ago, FBI Director Christopher Wray
testified before Congress. He said we face a diverse and
increasingly dangerous terrorism threat, and that the threat is
unrelenting. He mentioned the particular concern of domestic
terrorism, carried out by racially or ethnically motivated
violent extremists. He also mentioned the growing
sophistication in cyber intrusions and state-sponsored
espionage against our economy and our elections. A border wall
across the southern border addresses none of the concerns that
FBI Director raised as serious threats to our homeland.
Now, while I'm a strong supporter of border security, the
actions taken by this administration to inflame the partisan
divide do not make us safer, and make it exceptionally
difficult to get things done here in Congress. The recent
deployment of special border operation forces to the interior
of the country and the recent decision to deny residents of New
York participation in the DHS Trusted Traveling Programs come
to mind as recent examples of whether resources are being used
to protect the country or solely to make political points. The
bottom line for me, as Ranking Member of this committee, is to
ensure that we're investing hard-earned taxpayer dollars in
programs that address the most serious threats to our country,
not empty campaign promises.
Finally, I would be remiss if I didn't mention security
along our northern border. Last year, we received the Northern
Border Implementation Plan from DHS that lays out specific
requirements across various DHS components to improve the
Department's ability to facilitate safe, secure, and efficient
flows of cross-border traffic and secure the northern border
against threats. I will be seeking a commitment from you today
that sufficient resources are being dedicated to execute that
plan in a timely manner.
Mr. Acting Secretary, I look forward to your testimony. As
I said in a recent office visit, I am here to work with you,
and hope we can find the common ground to fund national
security investments that truly does make sense for the
American people.
Thank you, Madam Chair.
Senator Capito. Thank you, Senator Tester.
And, with that, we'll go to the testimony of the Acting
Secretary.
Thank you, Mr. Secretary.
summary statement of hon. chad wolf
Mr. Wolf. Chairman Capito, Ranking Member Tester, and
distinguished members of the subcommittee, it's a privilege to
appear before you today to discuss the Department of Homeland
Security's (DHS) mission to keep the Nation safe and to present
the President's fiscal year 2021 budget for the Department.
As Acting Secretary, my priorities are guided by a
determination to ensure that DHS is robust, resilient, and
forward-leaning, prepared to address the threats of today and
those of tomorrow. The fiscal year 2021 President's budget is
not only a reflection of those priorities, but a path to
achieving them.
As the subcommittee knows, the Department of Homeland
Security's mission spans air, land, sea, and cyber domains, and
our workforce of 240,000-strong stands watch for the Nation 24
hours per day, 365 days per year. They safeguard the United
States from terrorists, adversaries, and others who seek to do
us harm. They also facilitate our lawful trade and travel,
balancing security with the freedom of movement with care and
precision every day. As I often say, economic security is
homeland security, and the Department plays a critical role in
this mission.
The President's Budget ensures that our workforce has the
resources that it needs to execute these critical
responsibilities. It includes $49.8 billion in net
discretionary funding and an additional $5.1 billion for the
Disaster Relief Fund to support response to, and recovery from,
disasters in the homeland.
Our budget priorities remain consistent with recent years,
which includes securing our borders, enforcing our immigration
laws, securing cyberspace and critical infrastructure,
transportation security, and American preparedness. Recognizing
that the threats to the homeland are more dynamic than ever
before, the budget also positions the Department to respond to
emerging threats, including those emanating from nation-states.
DHS is also helping to manage the U.S. Government's
response to the coronavirus. Today, the risk from coronavirus
to Americans remains relatively low, and we will continue to
implement measures designed to keep it that way. DHS has
responded with proactive safeguards, including directing all
flights from China to pre-selected airports for medical
screening. The Department stood up that medical screening in a
very rapid fashion, using contracts from our Countering Weapons
of Mass Destruction Office (CWMD) and we continue to provide
those contracts at those 11 airports.
I'll now highlight a handful of specific priorities
included in the fiscal year 2021 budget:
The Department must continue to grow its digital defense as
cybersecurity threats grow in scope and severity.
The Department maintains an enhanced posture on election
security to preserve our electoral process and to secure our
systems against interference of any kind.
The President's Budget invests $1.7 billion in the
Cybersecurity and Infrastructure Security Agency (CISA) to
strengthen our cyber and infrastructure security mission.
This is an increase of roughly $150 million from the
President's fiscal year 2020 Budget.
The security of our Nation's border also remains a priority
focus for the Administration and the Department. Most notably,
as mentioned, the budget includes $2 billion for the
construction of approximately 82 miles of new border wall
system as well as funding for additional technology and
staffing.
While securing our borders is of utmost importance, the
integrity of our immigration system requires that we enforce
the law, as written. It remains the priority of the Department
to protect our citizens by identifying, detaining, and removing
criminal aliens from the United States.
The Budget includes more than $3 billion to ensure that our
law enforcement officers have the resources that they need to
execute the law faithfully.
As true today as it was in the wake of 9/11,
counterterrorism remains a top focus for the Department.
Importantly, the President has increased funding for targeted
violence and terrorism prevention programs by more than 500
percent in this budget. The $96 million in funding distributed
across DHS Components is critical to identifying at-risk
individuals and to preventing their radicalization to violence.
The Budget also invests in modernizing the fleet for the
United States Coast Guard, and provides $550 million to fund
the construction of the second polar security cutter, which
supports our national interest in the polar region. It also
includes $564 million for the offshore patrol cutter, another
critical capital investment for the Coast Guard.
While physical capabilities and technology are important
for the Department, our greatest assets remain the men and
women who execute our mission every day. As threats evolve and
our capabilities grow, tremendous new talent is needed to
execute our mission: for DHS, the Budget provides funding for
500 new cybersecurity employees across the Department; for U.S.
Customs and Border Protection (CBP), 750 new Border Patrol
agents, 126 new support staff, and funding to sustain 300
Border Patrol processing coordinators; for U.S. Immigration and
Customs Enforcement (ICE), 2,800 new law enforcement officers,
approximately 400 or so new attorneys, and nearly 1,400 new
support staff; and for the Transportation Security
Administration (TSA), funding to sustain roughly 47,000
transportation security officers to match the pace in passenger
growth over the next year. The Budget also provides funding for
an overall pay increase for DHS employees, including a 3-
percent increase for our uniformed Coast Guard men and women.
These priorities are only a few included in the budget, and
DHS has one of the most diverse and complex mission sets in all
of government. I continue to be amazed by the professionalism
and dedication of the men and women at the Department. Their
commitment to our mission is beyond reproach, and we all should
sleep better at night knowing that they are on duty. Therefore,
I ask your support in providing them the resources they need to
keep the American people and our homeland safe and secure
through the President's fiscal year 2021 budget request.
Again, thank you for the opportunity to appear before you
today, and I look forward to the questions.
[The statement follows:]
Prepared Statement of Hon. Chad Wolf
Chairman Capito, Ranking Member Tester, and distinguished Members
of the Subcommittee. It is a privilege to appear before you today to
discuss the Department of Homeland Security's (DHS) critical mission
functions that keep this Nation safe and to present the President's
(FY) 2021 Budget for the Department. This budget will serve as a
catalyst to assist DHS in maintaining pace with adversaries attempting
to circumvent our laws and threaten our citizens and our way life.
My priorities are guided by a determination to ensure the
Department is three things: robust, resilient and forward-leaning. The
FY 2021 President's Budget is not only a reflection of those priorities
but a path to achieving them.
DHS is comprised of eight major Components and many support
Components and employs more than 240,000 men and women who stand ready
to respond to a wide variety of threats in some of the most extreme and
austere environments. These harsh conditions include Border Patrol
Agents patrolling the U.S. border in southern Arizona where
temperatures reach upwards of 120 degrees, to the crew of the United
States Coast Guard Cutter POLAR STAR, breaking ice as thick as 21 feet
in the Antarctic Region where temperatures fluctuate between -40 to -90
degrees to conduct national security missions.
These men and women continue to make significant contributions to
the larger homeland security apparatus as they stand watch 24 hours a
day, seven days a week, 365 days a year, (or 366 days this year given
it is a leap year). Our mission is to protect Americans and the
homeland from threats by land, air, sea and cyberspace while promoting
the nation's economic prosperity through the facilitation of legitimate
travel and commerce. This balance to ensure security without impeding
the freedom of movement is a very delicate one and the men and women of
the Department of Homeland Security continue to execute it with
tenacity and compassion.
The Department's key budget priorities remain consistent with
recent years; Securing Our Borders, Enforcing Our Immigration Laws,
Securing Cyberspace and Critical Infrastructure, Transportation
Security and American Preparedness. However, there are emerging threats
that underscore the importance of the Department's global reach. This
budget recognizes that fact and positions the Department to respond.
Though the United States has long faced isolated threats from
China, Iran, and Russia, we are at a critical time in our Nation's
history as it relates to threats emanating from these Nation states.
While the Administration works trade negotiations with China toward the
goal of achieving a fair and balanced trade deal that both countries
can call successful, we must increase pressure on the Chinese
government for the ongoing violations of Intellectual Property Rights
(IPR) laws. These violations continue to reduce market opportunities
and undermine the profitability of United States businesses as sales of
products and technologies are undercut by competition from illegal
lower-cost imitations. Additionally, there are increasing concerns with
the Chinese government's continued investment into U.S. interests and
their impact to national and economic security. Specifically, as the
United States builds out capacity within the 5G network, we must
maintain a proactive posture in addressing a multitude of cybersecurity
threats and vulnerabilities.
The increased tension with Iran forced the Department to assume an
enhanced security posture, particularly in the cybersecurity domain to
prevent threats aimed at revenge for the recent death of Iranian
General Qasem Soleimani. The Department's Cybersecurity and
Infrastructure Security Agency (CISA) continues to monitor an uptick in
malicious activity by pro-Iranian hackers and social media users as
Iran possesses the capability and tendency to launch destructive cyber-
attacks. The 2016 election is a stark reminder that Russia remains a
significant threat to our democratic process. And with a Presidential
Election this November, it has never been more important to increase
our digital defense to prevent cybersecurity threats from influencing
electoral outcomes.
To emphasize the variation in threats facing the Department, the
Coronavirus (COVID-19) which originated in Wuhan, Hubei Province,
China, continues to spread to other parts of the world at a pace that
has the Center for Disease Control and Prevention (CDC) and DHS at the
ready. At CDC's request, DHS directed all flights en route to the U.S.,
via direct or connecting flights from China, to land at predetermined
airports to facilitate enhanced screenings and potential quarantine if
necessary. As the DHS lead for coordinating with interagency partners,
Countering Weapons of Mass Destruction (CWMD) is currently supporting
these enhanced health screenings through contracts with local EMS,
public health, and/or first responders. These contracts allow front
line Officers and Agents to remain focused on the law enforcement
mission. The President used his authority to implement travel
restrictions on all non-U.S. citizen and non-legal permanent resident
travelers who have been in China in the last 14 days. These actions are
protecting the American people and help prevent the virus from
spreading. Based on current information, the risk from COVID-19 to the
American public remains low. Nevertheless, DHS responded with proactive
safeguards and is prepared to increase these measures should it become
necessary.
The FY 2021 President's Budget for DHS includes $49.8 billion in
net discretionary funding and an additional $5.1 billion for the
disaster relief fund (DRF) to support response to and recovery from
major disasters in the homeland. By providing the men and women of DHS
the necessary resources to execute their important and extremely
complex missions, the President's Budget ensures we continue our
current trajectory of reinforcing the security of our nation through
enhanced border security, immigration enforcement, transportation
security, resilience to disasters, and cyber security.
To help frame the rising threat, I would like to highlight some of
last year's operational achievements. U.S. Customs and Border
Protection (CBP) processed and cared for an unprecedented number of
migrant families and children. Encounters and apprehensions totaled
more than 851,000 along the U.S. Southwest Border (SWB) alone. This
total included more than 76,000 unaccompanied children and
approximately 474,000 family units. This was a 110 percent increase
over FY 2019 apprehension totals (404,142). They inspected over 410
million travelers, arrested almost 13,000 wanted individuals and
prevented nearly 299,000 inadmissible travelers from entering the
United States. Additionally, their combined efforts with CBP's National
Targeting Center (NTC), the Immigration Advisory Program and the
Regional Carrier
Liaison Group prevented the boarding of almost 19,000 high-risk
travelers from boarding flights inbound to the United States. AMO
executed nearly 93,000 flight hours and more than 33,000 float hours in
balancing law enforcement and humanitarian operations. This effort
included 300 flight hours during a two-week period to provide relief to
Bahamian citizens in the aftermath of Hurricane Dorian and 3,600 flight
hours dedicated to the migrant caravan surge along the SWB.
The Cybersecurity and Infrastructure Security Agency (CISA) worked
tirelessly alongside Federal, State and local election officials
leading up to the 2018 mid-term elections and in preparation for the
upcoming 2020 Presidential Election. Over 500 CISA employees supported
election security preparedness nationwide, including providing
technical cybersecurity assistance, information sharing and expertise
to election offices, campaigns and technology vendors, this included
staffing a nationwide virtual watch floor. As part of Active Shooter
Preparedness, CISA also provided information to the critical
infrastructure community and general public to help prepare emergency
action plans and education on steps to increase incident survivability.
Specifically, 39 in-person workshops with over 3,600 participants were
conducted; nearly 87,000 people successfully completed an online course
and a website focusing on active shooter training was viewed more than
937,000 times by the public.
United States Citizenship and Immigration Services (USCIS)
naturalized 833,000 new citizens, an 11-year high in new oaths of
citizenship. The number of refugee applicants interviewed nearly
doubled from FY 2018 to 44,300 (from 26,000). These interviews
supported the admission of 33,000 refugees to the United States which
was a 32 percent increase over last year. USCIS also completed 78,580
affirmative asylum applications, and experienced a six percent rise in
credible fear cases processed to 103,235.
The Federal Emergency Management Agency (FEMA) deployed over 12,300
FEMA personnel and 519 FEMA Corps personnel in support of 99 major
disaster declarations including Hurricane Dorian, 22 emergency
declarations and one Fire Management Assistance Grant declaration
across 45 States, tribes and territories.
United States Immigration and Customs Enforcement (ICE) removed
nearly 268,000 individuals from the United States and arrested over
143,000 individuals. Homeland Security Investigations made nearly
50,000 arrests, approximately 80% of which were criminal arrests,
including over 4,300 gang leaders, members, and associates. These gang
arrests included 452 Mara Salvatrucha (MS-13) gang members.
The Transportation Security Administration (TSA) screened
approximately 839 million passengers, 1.9 billion carry-on items and
510 million checked bags in FY 2019. This was a 4.3% increase in
checkpoint volume which equates to an average increase of over 95,000
passengers per day. They enrolled over 2.1 million new individuals in
TSA's PreCheck Application Program which is designed to increase
security throughput by expediting trusted travelers and reducing
security screening times.
The United States Coast Guard (USCG), through their search and
rescue efforts, saved 4,335 lives and prevented over $41 million in
property loss. Over 400 of those lives saved were during Hurricane
Dorian response efforts. Simultaneously, while executing their law
enforcement responsibility, they removed over 458,000 pounds of cocaine
and 63,000 pounds of marijuana with estimated wholesale value of $6.2
billion.
The Countering Weapons of Mass Destruction (CWMD) Office completed
155 surge deployments of the Mobile Detection Deployment (MDD) Program,
enhancing interdiction efforts and expanding law enforcement partners'
ability to protect the Nation from a Weapon of Mass Destruction threat.
This was an increase of over 115 percent from FY 2018 (72 deployments).
Additionally, CWMD conducted more than 100 training exercises, training
events and informational briefings with partners and stakeholders to
develop doctrine, create training curriculum and validate readiness.
The United States Secret Service conducted protective advances for
nearly 6,500 visits and traveled overseas with protection details on
395 foreign visits. The Secret Service seized $369 million in
counterfeit U.S. currency, an 81% increase over the previous year.
Finally, the Secret Service closed 1,718 Cyber Financial Crime cases,
an increase of 160 percent over FY 2018 and experienced an 18 percent
rise in Cyber Financial Crime cases opened, while the Cyber Financial
Potential Losses Prevented increased by 36 percent ($5.2 billion to
$7.1 billion) during the same year.
Last year's operational achievements serve as a baseline from which
to determine the incremental growth of threats to the homeland in the
coming years. Analyzing the previous year's statistical achievements
also allows DHS to plan for future threats accordingly. The FY 2021
President's Budget for DHS is an opportunity for Congress to provide
the men and women charged with executing complex missions with the
necessary prevention, response and recovery resources.
The security of our Nation's borders remains a primary focus area
for the Administration and this Department. Border security is national
security as any nation's sovereignty begins with its ability to secure
its physical borders. Securing the border is extremely complex and
requires a multifaceted approach. The Department has long executed a
defense-in-depth model when it comes to border security. There are
5,000 miles of border between the United States and Canada and over
1,900 miles shared with Mexico. The President's Budget is a step toward
enhancing border security through investments in staffing,
infrastructure and technology. Without a strategy that involves these
key investments, border security would be unattainable.
The President's Budget includes $2.0 billion for the construction
of approximately 82 miles of new border wall system. This funding
supports real estate and environmental planning, land acquisition, wall
system design, construction and oversight. While a physical barrier
alone does not solve all border security concerns, it remains
foundational to a strategy for achieving operational control of the
SWB. A physical barrier is a proven deterrent as well as a mechanism
for channeling activity to predetermined points along the border which
allows DHS to allocate response resources with much more precision.
Domain awareness is a vital component to border security and
complements a physical barrier by providing increased opportunities for
actionable intelligence, especially in remote areas with little
infrastructure. To complement the physical barrier, the budget includes
$28 million to increase domain awareness through the deployment of 30
Autonomous Surveillance Towers (formerly Innovative Towers) across the
Southwest border. The towers are designed to provide persistent
electronic surveillance in remote areas of the border without the need
for a permanent Border Patrol Agent presence. The data derived from
these sensors will be relayed in real-time to the Air and Marine
Operations Center and local Border Patrol Stations and/or Sectors for
processing, threat determination and response execution.
The President's Budget seeks funding for a number of CBP's airframe
and sensor modifications, conversions and/or upgrades. These platform
improvements are multi-purposed as they provide increased levels of
domain awareness and are instrumental in interdiction and humanitarian
operations. They include $15.5 million to convert an Army HH-60L to
CBP's versatile UH-60 Medium Lift Helicopter configuration. UH-60s are
the only assets in CBP's fleet that have medium lift capability and are
rugged enough to support interdiction and life-saving operations in
extreme or hostile environments (desert, extreme cold or open water).
The Budget includes $14.3 million to upgrade a DHC-8 Maritime Patrol
Aircraft. These aircraft operate under broad operational spectrums,
including coastal/maritime boundaries in the Caribbean and Latin
America. The Budget also requests $13.0 million for the replacement of
obsolete, out of production aircraft sensor integrated mission systems.
Systems requiring replacement include non-High Definition (HD) Electro
Optic/Infrared (EO/IR) sensors, outdated mapping systems, video
displays, recorders and data links that facilitate real-time data
exploitation.
While technology plays an important role in the Department's day-
to-day missions, our most critical resource remains our personnel. As
the Department remains focused on threats from those attempting to
circumvent existing laws, we cannot lose sight of the year-over-year
increase in the volume of legitimate trade and travel. This volume
increase, can limit the time CBP has to conduct necessary threat
analysis down to minutes or seconds without impacting the legitimate
movement of people and goods.
The President's Budget seeks funding for additional personnel
within several Departmental Components including; $161 million for 750
Border Patrol Agents and 126 support personnel, with an additional $54
million to sustain 250 Agents hired in FY 2019 and FY 2020; $544
million for ICE to add an additional 2,844 law enforcement officers and
1,792 support personnel; and, $3.5 billion to fund 47,596
Transportation Security Officers, which supports the projected 4
percent increase in volume. The FY 2021 Budget also accounts for a 3
percent pay increase for the uniformed men and women of the Coast
Guard, a 1 percent civilian pay increase, and an additional 1 percent
increase in award spending, along with annualizing the 3.1 percent
civilian pay raise in 2020.
The majority of these personnel increases are targeted for
frontline Agents and Officers. However, across the Department there
will be staffing increases in various support positions.
U.S. Border Patrol, for example, will use Processing Coordinators
to perform non-border security, non-law enforcement officer activities
such as support activities related to processing or providing
humanitarian support. This additional increase will allow frontline
Agents and Officers currently assigned to perform administrative duties
out of necessity, to focus more time on operational responsibilities.
DHS is committed to enforcing immigration laws across the nation,
including the interior of the United States. Our priority is to
identify, detain, and remove criminals from the United States that are
here illegally with particular attention focused on those individuals
posing a threat to public safety. The Department does not intend on
stopping there; those employers who knowingly break the law for the
self-serving purpose of cheap labor will be identified and brought to
justice.
FY 2019 apprehensions between the ports of entry along the
Southwest border increased 115% when compared to FY 2018. This
unprecedented spike in illegal crossings drove a corresponding increase
in the ICE average daily population (ADP). The resulting effect was an
increase in historical occupancy levels within DHS detention
facilities. Forecasting models reinforce the need for an increase in
ICE's detention beds to 60,000 (55,000 adult and 5,000 family). The
budget includes $3.1 billion for this capacity increase and ensures ICE
is able to maintain pace with projected migration flows and enhance
enforcement activity within the interior of the United States.
We must continue to increase our digital defense as cybersecurity
threats grow in scope and severity. The FY 2021 President's Budget is
poised to continue investments in the Cybersecurity and Infrastructure
Security Agency (CISA) to assess evolving cybersecurity risks and
protect Federal Government information systems and critical
infrastructure. CISA continues to work tirelessly to ensure cyber-
attacks are unable to compromise or disrupt Federal networks. With the
November Presidential Election fast approaching, CISA is also working
with State and local organizations in all 50 states to ensure American
elections are decided by Americans without outside interference.
Accordingly, the President's Budget seeks $1.1 billion in CISA
cybersecurity operational costs and investments for programs to include
the Continuous Diagnostics and Mitigation (CDM) program and the
National Cybersecurity Protection System in order to strengthen the
security posture for government networks and systems. The budget also
includes $157.6 million for the Emergency Communications program which
enables improved public safety communications services throughout the
nation. This program also manages funding, sustainment and grant
programs to support communications interoperability and builds capacity
with Federal, State, local, tribal and territorial stakeholders.
The Coast Guard is a unique Component given it is the only branch
of the U.S. Armed Forces within DHS. As a military service and a law
enforcement organization with a regulatory responsibility, they possess
broad jurisdictional authorities and flexible operational capabilities.
This combination necessitates an inherent need to ensure they are
postured for rapid response to a variety of missions with a modernized
fleet that supports these requirements.
The President's Budget includes $555 million to support the Polar
Security Cutter (PSC) program management and to fund the construction
of PSC 2. This acquisition recapitalizes the Coast Guard's heavy polar
icebreaker fleet to support national interest in the Polar Regions and
provide assured surface presence in ice-impacted waters. The Budget
also includes an additional $153 million for existing airframe
modernization (combines $88 million for Fixed-Wing Aircraft and $65
million for Rotary-Wing Aircraft). These improvements will help ensure
the Coast Guard fleet is appropriately equipped for the complex
missions they are charged with executing.
This modernization effort aligns the Coast Guard's recapitalization
of airframes with the Department of Defense Future Vertical Lift
acquisitions to create additional acquisition efficiencies. Finally,
$564 million is included for the Offshore Patrol Cutter (OPC). This
funding supports the production of OPC #3 and Long Lead Time Materials
for OPC #4 along with technical and program management costs.
The FY 2021 President's Budget includes $96 million in additional
resources, distributed across several Components to fund the Targeting
Violence and Terrorism Prevention (TVTP) program. This program is
designed to support early detection and prevention of radicalization of
individuals prone to violence by interrupting those efforts with
appropriate action by leveraging civic organizations, law enforcement
and community organizations. The Department's investment includes
Components vested in research and development, early detection and
response.
What makes the United States great is its resiliency in the face of
adversity and hardship. Throughout our storied history, there are
dozens if not hundreds of examples of that resiliency displayed. And
though the people of this country are resilient by nature, it is
important that we as a Department appropriately plan ahead for things
we know are coming including hurricanes, earthquakes and fires. One of
FEMA's strategic goals is to Ready the Nation for Catastrophic
Disasters. The FY 2021 President's Budget helps FEMA achieve this goal
by funding numerous initiatives aimed at preparedness and disaster
recovery. FEMA continues to invest in State and local governments to
increase preparedness and resiliency. The budget includes $2.5 billion
to support State, local, tribal and territorial governments in the form
of non-disaster grants and training. These funds are key in sustaining
and building new capabilities to prevent, protect against, respond to,
recover from and mitigate high consequence disasters and emergencies in
our Nation's high-risk transit systems, ports, and along our borders.
In addition, the Nation's transportation systems are inherently
open environments. Part of TSA's mission is to protect these systems to
ensure the free and secure movement of people and commerce. U.S.
transportation systems accommodate approximately 965 million domestic
and international aviation passengers annually, that number is in the
billions when you factor in, over-the-road buses and mass transit
systems.
Ensuring effective screening of air passengers remains a top
priority for TSA. In an effort to balance the need for increased
security without impeding freedom of movement for legitimate travelers,
the President's Budget includes $28.9 million to expand TSA's Computed
Tomography (CT) Screening capability. CT Screening is the most
impactful property screening tool available today. Not only is it more
effective against non-conventional concealment methods but it
eliminates the need for passenger to remove electronic items from
carry-on bags. This combination improves security and expedites the
screening process to increase passenger throughput efficiency. To
offset TSA operations, a $1.00 increase is proposed in the Aviation
Passenger Security Fee. This minimal increase would generate
approximately $618 million in additional revenue and help defray the
increasing cost of aviation security.
Finally, the FY 2021 President's Budget proposes to transfer the
U.S. Secret Service (USSS) functions, personnel, assets and obligations
along with the functions and responsibilities of the Secretary of
Homeland Security related to the Secret Service over to the Department
of the Treasury.
I have only touched on a handful of priorities included in the FY
2021 President's Budget for DHS. This is not intended to convey a
message of less importance for those Components, resources or
initiatives not highlighted. DHS executes its vast mission
responsibility using a defense-in-depth strategy and much of DHS's
success is predicated on this approach to execution. Components within
the Department have individual mission responsibilities however, they
cannot disassociate themselves from one another as their daily
activities are intertwined to close gaps in security, resiliency and
economic prosperity. Accordingly, those Components, resources or
initiatives not listed remain just as important.
I continue to be amazed by the professionalism, dedication, and
tenacity displayed daily by the men and women of this Department. Their
resolve and genuine commitment to the complex homeland security mission
is above reproach and we should all sleep better at night knowing they
are on duty. Despite their continued commitment, they cannot safely nor
effectively execute their mission without the proper resources.
Therefore, I ask for your support in providing them the resources
needed to keep our families safe through the FY 2021 President's
Budget.
Thank you for the opportunity to appear before you and discuss the
Department's FY 2021 Budget submission and I look forward to taking
your questions.
Senator Capito. Thank you. Thank you very much.
CYBERSECURITY: BUDGET CUT
I'm going to begin by going to cybersecurity, because I'm
very concerned, in your testimony that the President's budget
requests more than what the President requested last year. But,
in effect, it's about $250 million less than what this Congress
enacted in cybersecurity. How do you account for your own
testimony at the urgency of cybersecurity and how it's growing,
how are you justifying a $250 million cut to an area that's so
critical?
Mr. Wolf. So, I think there are a couple of different
factors at play. One is the process and the timeline of which,
when the budget was created, it was created well before we
received our funding last year. But, what I will say is, we're
in an election year this year, so the plus-up from Congress--
and again, thank you for providing us with enough resources. As
we look at 2021, which is an off-election year, the budget
request fully funds what CISA needs to continue to provide that
election security resource. And again, election security, while
it's called out specifically in CISA's budget as a line item, a
lot of what CISA does contributes to a lot of the resources and
services that it provides to State election officials as well
as to our political campaigns.
Senator Capito. What you're saying is, that the $250
million difference is the election security piece? Is that how
I'm hearing that?
Mr. Wolf. No, not specifically. There is a reduction to our
2021 request from what was enacted in 2020. What I can tell you
is, in fiscal year 2020, again, that's our election year, we're
doing a lot more activities this year as we look at 2021.
Senator Capito. Right. Okay.
Mr. Wolf. We'll sustain that, and the budget that we
requested for 2021 will sustain those activities.
Senator Capito. Well, I would note also that you are
canceling the Chemical Facility Anti-Terrorism Standards
(CFATS) program, at the same time, which is part of that
reduction, as well.
The other thing I would note is that just because this is
an election year doesn't mean elections stop as we go past
November of 2020.
Mr. Wolf. Agree.
BORDER WALL SYSTEM
Senator Capito. This is going to be an ongoing
responsibility of you and others within the administration.
Mr. Wolf. Okay.
Senator Capito. Let me ask about the border wall, because
that's a source of interest. Can you tell us--you're asking for
enough to build another 100 miles and well, no, currently, 126
miles have currently been built, to date, of the money that's
been previously provided for. What are the new capabilities as
a result of this, and what are you seeing as the next $2
billion, and how will that affect this border wall system?
Mr. Wolf. Sure, Chairman.
As you indicated, we have about 126 miles that are
completed. We have another 213 miles that are currently under
construction, and another 414 miles in the preconstruction
phase. The capabilities, as I often talk about, are night and
day over the existing landing-mat--1970s-era landing-mat fence
that the Border Patrol had. So, new capabilities include not
only the physical infrastructure, but lights, cameras, radars,
and fiber optics. The impedance and denial that the new border
wall system provides to Border Patrol agents, is night and day
to what they previously had. So, as I have toured the border,
and, as I go down there and talk to our men and women in green,
I ask them what do they need to secure the border? Resources,
technology, and the staffing. So, it's sort of a three-legged
stool.
But, when we talk about technology, the first thing that
they ask for is an effective border wall system that, again,
provides that impedance/denial so that they can respond in a
timely manner and then apprehend those who are looking to get
in.
BORDER PATROL AGENTS: HIRING
Senator Capito. The processing agents that we provided
for--and I might have the incorrect name there, but you know
I'm talking about Border Patrol.
Mr. Wolf. Yes.
Senator Capito. That we provided for in the last budget was
kind of a new concept for the Department, partly to alleviate
what our border agents were doing--Border Patrol agents were
doing in lieu of their front-line job of law enforcement, maybe
transportation or other healthcare or something of that nature.
Mr. Wolf. Yes.
Senator Capito. And also to be part of a recruiting tool
to, maybe, get folks involved in the Border Patrol so that they
may want to advance to different areas of Border Patrol.
How many people have you hired into that? And what's been
the success of that? I mean, I know it's been a short period of
time, because you're asking for more in this budget.
Mr. Wolf. Right. Thank you for that. Thank you Congress,
for providing that. Let me get back to you on an exact number
of our hiring to date.
I will say that those positions are absolutely critical. It
goes toward retention. It goes toward recruitment. When you
have Border Patrol agents who are fully trained to do their
mission on the border but are, instead, at hospitals or handing
out food or doing things that they normally didn't sign up to
do, they're certainly not trained to do.
Senator Capito. Right. But, you don't know if you have
hired any into that?
Mr. Wolf. We have. I don't have the exact number of those
processing in.
Senator Capito. Yeah. Because before we re-fund it, we want
to make sure that actually you're able--this has been a problem
for the Department, hiring into certain positions.
Mr. Wolf. Yes.
Senator Capito. So, I think, we need to carefully watch
that.
Mr. Wolf. Right. Okay.
CORONAVIRUS: ACTION
Senator Capito. I'll ask one more question, and then move
on. I really want to ask about the soft-sided facilities, but
I'm going to ask about coronavirus.
Mr. Wolf. Okay.
Senator Capito. I'll get another chance to ask about the
soft-sided facilities.
This is a source of great concern for so many people. I
mean, I'm sure you all, as you're walking around your
respective States, people are asking all the time, ``What are
we doing? How are we on top of this?'' You mentioned there was
a briefing this morning.
Mr. Wolf. There was.
Senator Capito. Basically, telling us that it's going to
come more broadly to the United States, which I think we all
expect. But, can you tell us how you're working on the
coronavirus, and with who, what other coordinating entities?
Mr. Wolf. Thank you.
As you mentioned, the task force, led by U.S. Department of
Health and Human Service (HHS)--did brief members of Congress
this morning. I will say that we're working hand-in-hand every
day with that task force. From the Department's perspective, we
are taking the direction from the medical professionals at HHS.
As they lay out a medical strategy to deal with the
coronavirus, we are implementing measures to support that. So,
particularly in the airport environment, in the seaport
environment, as well as at land ports of entry, we're making
sure that the measures that we put in place, the medical
screening that we put in place are there for the protection of
the American people. That's really what the President has asked
us to lean into.
To date, we have about 15 cases that we've identified
coming in from China. That's separate from those on cruise
ships that have been parked overseas. So, we feel like, the
threat right now remains low. As we talk to the Centers for
Disease Control and Prevention (CDC) and others, I think that
they continue to expect the number of cases in the United
States to increase. I will say, over the last several weeks, it
really has not increased. It's remained relatively flat,
between 12 and 14 cases. So, the Department feels very
comfortable in the measures that we've put in place. But, as
CDC continues to adopt its medical strategy, the Department
will adopt its operational.
Senator Capito. Presently, do you have the resources you
need to move forward?
Mr. Wolf. We do. So, we continue to look at that on a very
close basis. We report every week to the Office of Management
and Budget (OMB) on those resources. Right now, we have them
within our existing budget.
Senator Capito. Okay.
Mr. Wolf. We likely will have to move some money around
this year to adjust for that.
Senator Capito. All right.
Mr. Wolf. But, we'll certainly be in contact with you and
other members of the committee, as well as OMB, if we need
additional or supplemental funding.
Senator Capito. Thank you.
Senator Tester.
Senator Leahy.
BORDER WALL SYSTEM: ATTEMPTS TO DEFEAT IT
Senator Leahy. Thank you, Senator Tester, and thank you,
Madam Chair.
Acting Secretary Wolf, welcome. And I would echo what
Senator Tester said. While I appreciate your service, I regret
that you're one of the very, very many positions in this
administration to which we should be speaking to somebody
actually confirmed by the Senate. This is the most ``Acting''
positions I've seen in my decades in the Senate. Now, the
President might appreciate that flexibility that Acting
Secretaries give him. I prefer the constitutional checks and
balances.
Now, you talked a little bit about the border. The
President has raided billions of congressionally appropriated
dollars from critical defense projects to fund his border wall,
including money to clean up housing for servicemembers, from--
everything from mold to lead to helping the children. But,
we've seen reports that it could be defeated with ease if you
could go get a $100 cordless saw from a department store. In
the El Paso sector, I've been down there and visited it. Border
agents have even found a large number of $5 rebar ladders,
which are used more and more to climb over. How many $5 ladders
or $100 cordless saws have been used to defeat the wall?
Mr. Wolf. Senator, I don't have that----
Senator Leahy. No.
Mr. Wolf. We do see a number of attempts to defeat the
border wall system in a number of locations outside of El Paso,
across the whole Southwest Corridor. So, yes the adversaries
will continue to try to find innovative ways to cross the
border.
Senator Leahy. How many, total too innovative to get a
cordless saw or to get a $5 rebar ladder. That's not very
innovative, is it?
Mr. Wolf. I would say no. That can be found at probably any
hardware store.
Senator Leahy. And do we have numbers of how many times
that's been done?
Mr. Wolf. In the past, I'm sure that we could find those
numbers. Again, what we see largely is from that 1970s-era mat,
where it's about 8 feet high, you can get a ladder on, or you
can actually jump over that wall. So, we've seen a lot of
ladders. That's what we're trying to replace.
Senator Leahy. Let me know how many in the past year.
Mr. Wolf. In the past year? We'll get that information for
you. Border Patrol will have that.
Senator Leahy. Okay. How many tunnels?
Mr. Wolf. I'm sorry?
Senator Leahy. How many tunnels have been discovered?
Mr. Wolf. That's probably in the single digits, but we
continue to invest in technology that will look for tunneling,
as well.
Senator Leahy. Well, then will you let me know the number
of devices and the types that have been discovered by CBP that
used to defeat the wall?
Mr. Wolf. Yes, Senator, we'll take that for the record.
Senator Leahy. And when can I expect the first accounting
of these numbers?
Mr. Wolf. I'll get with CBP today, and we'll provide you
numbers as quickly as possible.
Senator Leahy. Thank you.
DRUG TRAFFICKING
We're told by the Drug Enforcement Administration's
Counterdrug Assessment--and they keep telling us the most
common method for transporting illicit drugs into the U.S. is
through the ports of entry. Now, they've been increasing--I
know they've been increasing the use of drive-through scanners
at ports of entry. Do you know the approximate percentage of
passenger and commercial vehicles that are scanned across ports
of entry along the Southwest Border?
Mr. Wolf. Right now, it's about 1 percent of passenger
vehicles and about 15 percent of commercial vehicles. I will
say that Congress, in fiscal year 2019 and in fiscal year 2020,
did provide funding for our NII nonintrusive inspection
technology that would screen for narcotics. So, the goal by
2023 is to increase for passenger vehicles, from 1 percent to
40 percent using the funding that Congress provided, and then
for commercial vehicles, from 15 percent to 72 percent.
Senator Leahy. And what are the most recent statistics of
the percentage of hard narcotics, like methamphetamine and
heroin that are apprehended between ports of entry compared to
at ports of entry?
Mr. Wolf. So, roughly, we see the majority of narcotics
coming through the ports of entry. We will interdict those
about two-thirds of the time. About one-third is coming between
ports of entry. But, over the last fiscal year, we have seen an
increase of those narcotics, to include--the wide range of
narcotics between ports of entry. So, we're growing concerned
about that, as well.
DETENTION COST
Senator Leahy. Now, the DHS has continued to cannibalize
funds from other critical accounts to fund more detention beds
so that you have--the constant ballooning of ICE's detention
capacity really flouts Congress appropriations decision. For
example, the roughly 40,000 individuals currently detained by
ICE, nearly 8,000 of them are asylum seekers who have
demonstrated--it's about 20 percent--a credible fear of
persecution and torture. Roughly what percentage--I'm repeating
my last question, my time is up--roughly what percentage of
these 8,000 individuals have committed serious criminal
offenses, such that they'd be a public safety risk if they were
released? And how much does it cost to detain those 8,000
individuals every day?
Mr. Wolf. Yeah. Well, Senator, I don't have that exact
8,000 figure. What I can tell you is that ICE, on any given
day, continues to prioritize the removal of criminals from our
communities. So, it's about between 87 and 89 percent of the
amount of individuals that they remove every year are either
criminals, those on final orders of removal, or have a criminal
arrest of some kind. So, we'll continue to prioritize removing
criminals from our communities. But, ICE does have a wide
mission, so its enforcing immigration law at the border, in the
interior, and elsewhere.
Senator Leahy. But, you're going to let me know how much it
costs to detain the 8,000 who are asylum seekers?
Mr. Wolf. Yes, Senator, we'll take that for the record.
Senator Leahy. And the other 40,000 I'd like that within
the week, if we could.
Mr. Wolf. Okay.
Senator Leahy. Thank you.
Mr. Wolf. Thank you.
CORONAVIRUS: NUMBER OF CASES
Senator Leahy. Thank you, Madam Chair.
Senator Capito. Senator Kennedy.
Senator Kennedy. Thank you, Madam Chairman.
Thank you, Mr. Secretary, for being here.
How many cases of coronavirus do we have right now in the
United States?
Mr. Wolf. Well, we have 14 cases, plus an additional--I
believe it is 20 or 30-some-odd cases that we have repatriated
into the United States from a number of cruise ships.
Senator Kennedy. And how many are you anticipating?
Mr. Wolf. Again, we're working with HHS to determine that.
Senator Kennedy. I understand. How many are you
anticipating?
Mr. Wolf. We do anticipate the number will grow. I don't
have an exact figure for you, though.
Senator Kennedy. Do you have an--is someone modeling that?
Do you have any way of guessing?
Mr. Wolf. Again, HHS, through their medical professionals.
Senator Kennedy. Well, yes, but you're head of Homeland
Security and your job is to keep us safe.
Mr. Wolf. Yes, sir.
Senator Kennedy. Do you know, today, how many the experts
are predicting?
Mr. Wolf. We only know that--again, we anticipate those
numbers to grow in the United States. That's why we're making
sure that our operations, at our airports, landports, and
elsewhere are flexible.
Senator Kennedy. But, you can't tell us how many your
models are anticipating.
Mr. Wolf. No, Senator. Again, I would defer you to the
Department of Health and Human Services for that.
Senator Kennedy. Okay. Don't you think you ought to check
on that?
Mr. Wolf. We will.
Senator Kennedy. As the head of Homeland Security?
Mr. Wolf. Absolutely. We have task force members that are
working this on every day.
Senator Kennedy. I'm all for committees and task forces but
you're the Secretary.
Mr. Wolf. So, we're coordinating with them to make sure
that our operations----
Senator Kennedy. I think you ought to know that answer.
Mr. Wolf. I understand that.
CORONAVIRUS: TRANSMISSION
Senator Kennedy. How is the coronavirus transmitted?
Mr. Wolf. Through a variety of ways. Obviously, human-to-
human. We've seen that. We're making sure that those
procedures, as they come into the United States, are medically
screened so that we can identify those----
Senator Kennedy. How is it transmitted?
Mr. Wolf. A variety of different ways, Senator.
Senator Kennedy. Tell me what they are, please.
Mr. Wolf. Again, human-to-human is primarily what we've
seen.
Senator Kennedy. Well, obviously human to human. How?
Mr. Wolf. Being in the same vicinity. Physical contact is
usually what we've seen from the medical cases that we've seen
here in the United States. We've had several--I think two to
three human-to-human cases that have showed up here in the
United States. So, it's those who are closest to those
individuals who have that human contact.
CORONAVIRUS: MORTALITY RATE
Senator Kennedy. What's the mortality rate, so far, nation
worldwide?
Mr. Wolf. Worldwide, I believe it's under 2 percent.
Senator Kennedy. How much under 2 percent?
Mr. Wolf. I will get you an exact figure. I'll check with
CDC. They're monitoring the worldwide mortality rate, and I can
get that for you.
Senator Kennedy. But, you don't know the mortality rate
today.
Mr. Wolf. It changes daily, Senator.
Senator Kennedy. Well, I understand that. What's the
average since we discovered the virus?
Mr. Wolf. Again, It's under 2 percent. It was as high as 3.
Numbers were recalculated based on reporting from China.
Senator Kennedy. Is it between one and a half and two?
Mr. Wolf. It's between one and a half and two percent.
Senator Kennedy. Okay. What's the mortality rate for
influenza over the last, say, 10 years in America?
Mr. Wolf. It's also right around that percentage, as well.
I don't have that, offhand, but it's right around 2 percent, as
well.
Senator Kennedy. You're sure of that?
Mr. Wolf. It's a little bit. Yes, sir.
CORONAVIRUS: RESPIRATORS
Senator Kennedy. Okay. Do we have enough respirators?
Mr. Wolf. To my knowledge, we do. I'm focused on making
sure that our operators at DHS have the protective equipment. I
know HHS, as part of the supplemental.
Senator Kennedy. Well, we just heard testimony that we
don't.
Mr. Wolf. Testimony from?
Senator Kennedy. In a briefing.
Mr. Wolf. Okay. For medical professionals.
Senator Kennedy. So, you're head of Homeland Security.
Mr. Wolf. I'm sorry, I don't understand the question.
Senator Kennedy. Homeland Security. Do we have enough
respirators, or not?
Mr. Wolf. For patients? I don't understand the question.
Senator Kennedy. For everybody, every American who needs
one, who gets the disease?
Mr. Wolf. Again, I would refer you to HHS on that.
Senator Kennedy. Mr. Secretary, you're supposed to keep us
safe.
Mr. Wolf. My budget supports the men and women of the
Department of Homeland Security.
Senator Kennedy. You're the Secretary of Homeland Security.
Mr. Wolf. Yes, sir.
Senator Kennedy. And you can't tell me if we have enough
respirators.
Mr. Wolf. What I would tell you is that my budget--our
operations are focused not only on the men and women of DHS,
making sure that they're protected to do their jobs, to screen
individuals coming in.
Senator Kennedy. You don't know the answer, do you?
Mr. Wolf. We're working with HHS, CDC and their budgets to
ensure that they have enough medical equipment
CORONAVIRUS: FACE MASKS
Senator Kennedy. Do we have enough face masks?
Mr. Wolf. For the Department of Homeland Security, we do.
Senator Kennedy. I'm not asking for the Department of
Homeland Security.
I'm asking for the American people.
Mr. Wolf. For the entire American public?
Senator Kennedy. Yes.
Mr. Wolf. No. I would say probably not.
Senator Kennedy. Okay. How short are we?
Mr. Wolf. I don't have that number, offhand, Senator. I
will get that for you.
CORONAVIRUS: ANTICIPATED NUMBER OF CASES
Senator Kennedy. Okay.
But, I want to be sure I understand. Somebody is doing
modeling on how many cases we're anticipating.
Mr. Wolf. Yes, sir.
Senator Kennedy. You're just not aware of.
Mr. Wolf. You're asking me a number of medical questions
that CDC and HHS are focusing on.
Senator Kennedy. I'm asking you questions--because you're
the Secretary of the Department of Homeland Security, and
you're supposed to keep us safe.
Mr. Wolf. Yes, sir.
CORONAVIRUS: VACCINE
Senator Kennedy. And you need to know the answers to these
questions.
How far away are we from getting a vaccine?
Mr. Wolf. In several months.
Senator Kennedy. Well, that's not what we just heard
testimony about.
Mr. Wolf. Okay.
Senator Kennedy. Who's on first, here?
Mr. Wolf. HHS is the lead Federal agency for the
coronavirus response.
Senator Kennedy. What's on second?
You're telling me we're months away from having a vaccine.
That's your testimony, as the Secretary of Homeland Security.
Mr. Wolf. That's what I have been told by HHS and CDC, yes.
Senator Kennedy. Have you probed that to make sure that's
accurate?
Mr. Wolf. Yes. We continue--every day, we have task force
meetings with those individuals and elsewhere, talking about a
number of these issues.
Senator Kennedy. Well, your numbers aren't the same as
CDC's.
Mr. Wolf. Then I would certainly defer to CDC on our
medical questions.
Senator Kennedy. Well, don't you think you ought to contact
them and find out whether you're right or they're right?
Mr. Wolf. We're in contact with them every day on our task
force planning department.
Senator Kennedy. But, you don't know why you have a
discrepancy.
Mr. Wolf. I would refer you to the CDC on specific
questions.
Senator Kennedy. Mr. Secretary I'm going to hush, here.
You're supposed to keep us safe. And the American people
deserve some straight answers on the coronavirus. And I'm not
getting them from you.
Mr. Wolf. Senator. I disagree.
Senator Kennedy. That's all I have, Madam Chair.
Senator Capito. Senator Shaheen.
Senator Shaheen. Thank you, Madam Chairman.
CORONAVIRUS: PROVING INFORMATION TO PUBLIC
And, Acting Secretary Wolf, thank you for being here.
I would like to just pick up a little bit on the
coronavirus, because we did have a briefing this morning. And I
would like to urge the Department and the other officials
within the government to have some open briefings. I didn't
hear anything this morning that I haven't read in the
newspaper. And I think it would be very helpful to the American
public to have a better sense of what's going on with this
issue.
Mr. Wolf. Okay.
Senator Shaheen. And also, to try and post some information
that could answer questions for the public. I've met with some
constituents after that briefing, and that's one of the things
that I heard from them, is that they don't have the information
that they would like to have to share with their employees and
to try and do what's right in response to this medical
emergency.
Mr. Wolf. Okay.
DRUG INTERDICTION: OPIOIDS
Senator Shaheen. I would now like to go to border security
and the devastating opioid epidemic. New Hampshire, like West
Virginia, has been very hard hit. And we've seen some small
progress, thanks to the bipartisan support for funding that has
provided significant increases for technology, for drug
interdiction, to support treatment. But, I'm concerned that
what we need to do to interdict Fentanyl and other drugs is
more than just build a wall. I think there are more effective
ways to address that interdiction.
So, I wonder if you can discuss the Department's progress
in deploying additional chemical screening devices to detect
Fentanyl--it was required under the INTERDICT Act--and also to
obtain the advanced data on international mail shipments that
were required by the STOP Act.
Mr. Wolf. Sure.
Senator Shaheen. Can you tell us where we are?
Mr. Wolf. So, the Department's efforts to address the
opioid crisis, are multifaceted, from CBP, on the interdiction
side. We've talked a little bit about the NII and other
technology that we have out there. We're continuing to work
with the Postal Service to target shipments, and then looking
at technology that will screen those shipments, as well.
Of course, ICE Homeland Security Investigations certainly
has a role here in investigating these seizures. Every time we
make a seizure, we turn those over to investigators. They'll
investigate. And, of course, the Department of Justice (DOJ)
will help us to prosecute those, as well. And, of course,
Science and Technology Directorate (S&T), we continue to have
money. I believe we had money in fiscal year 2020, about $8
million, and a similar request for fiscal year 2021 to enhance
the technology that we have out there so that they can find
smaller and smaller amounts of Fentanyl and opioids and the
like across the spectrum.
Senator Shaheen. And when do you expect both of those--the
full implementation to address what's in those laws to be
completed?
Mr. Wolf. That's a good question. Let me take that one.
We do have a timeline. I don't have the exact date on full
implementation of all of those efforts, but I'm sure CBP, which
is the lead component that's working this, certainly does.
Senator Shaheen. And are we doing any cost-effective
analysis to see what makes more sense, in terms of stopping
drugs from coming into the United States? Is it a wall, or is
it these kinds of interdiction efforts that use technology? I
will just ask you to also share that when you respond.
Mr. Wolf. Yes. Absolutely.
I mean, from a holistic view, it's all of the above. Again,
as I mentioned earlier, about two-thirds of the opioids that we
do detect come through ports of entry, whether that's an air
port of entry or a land port of entry.
Senator Shaheen. Right.
Mr. Wolf. So, we're focused on the funding that Congress
provided and again, thank you for that--to deploy small,
medium, and large amounts of NII technology--that's everything
from a hand-held to something that screens a vehicle and making
sure that we deploy that in rapid fashion.
H-2B VISA PROGRAM
Senator Shaheen. I would like to switch topics now to the
H-2B visa program, because that's been a critical program to
help small businesses in New Hampshire, particularly those who
employ seasonal workers. Our tourism industry, our lodging and
restaurant industry, landscapers. Making those new visas
available is very important. I was pleased to see that there
was an announcement that the visas will be increased.
Mr. Wolf. Right. Yes.
Senator Shaheen. Can you talk about how soon those visas
are going to be released, and whether that's all going to be at
the same time? Because the summer season is fast approaching.
Mr. Wolf. Sure. I would say, as of right now, no decision's
been made about the supplemental H-2B cap increase. I, would
urge Congress--you're in the best position to identify how many
visas that program needs. For the fourth year in a row, the
Department has been given that duty to coordinate with the
Secretary of Labor. We've been doing that. But, I would
encourage Congress to pick the overall number for the H-2B
program.
Senator Shaheen. Well, I can tell you, I've been on
multiple letters, that are bipartisan, saying, ``You need to
increase that cap,'' and pointing out past years, when the cap
has been increased, and how effectively they've been used.
Mr. Wolf. Yes. Right.
Senator Shaheen. So I don't think the problem is at
Congress. I think the problem is at the administration level.
And if it's not your Department that needs to make that
decision, then you need to tell us who is making that decision,
because I've got a whole bunch of small businesses in New
Hampshire who aren't going to be able to do their business this
summer if they don't have those workers.
Mr. Wolf. Right. I understand.
The reason that I say it's a better fit for Congress to
decide this is because I believe it gives industry
predictability. They'll know, each and every year, how many
visas that they have to work with, and will plan their business
accordingly. Every time that you give it to the Department,
we'll continue to do our work, and I'll outline what we've done
thus far. It takes time to make that decision. Then, of course,
we have to publish a rulemaking to do that, so it continues to
increase the time before the visas get out there.
I will say, I've talked with Secretary Scalia, the
Department of Labor, six times over the past 3 or 4 weeks,
coming up with a solution, coming up with a proposal. We hope
to announce that very shortly. And we'll continue to push that
decision.
What I will say, it's not only a number, but it's also
looking at the fraud and the abuse in the program, which the
Department of Homeland Security is certainly concerned about.
So, if we do reach out and increase, you'll also see a number
of provisions there that get to that waste, abuse, and the
fraud that I believe Members of Congress, on a bipartisan
basis, have expressed concern with, as well.
But, I share your sense of urgency, Senator. I just want to
make that clear. I'm pushing as quickly as we can to make a
decision, and then hopefully announce that decision before any
rulemaking is finalized so that the industry knows how many
visas to work with and can, again, plan their businesses
accordingly.
Senator Shaheen. Thank you.
Senator Capito. Senator Hoeven.
UNMANNED AIRCRAFT SYSTEMS
Senator Hoeven. Thank you, Madam Chair.
And, Secretary Wolf, thanks for being here. Appreciate you.
And we appreciate the work that you do.
Border security--well, let me ask this one first. In terms
of counter unmanned aircraft systems the budget request
includes 35 million for DHS science and technology.
Mr. Wolf. Correct.
Senator Hoeven. That's up from 13 million in fiscal year
2020
Mr. Wolf. Yeah.
Senator Hoeven. Tell me how that money is going to be spent
on UAS, will you?
Mr. Wolf. So, that's primarily on the research,
development, and testing of countering UAS (unmanned aircraft
systems) capabilities. So, the Department has some limited
jurisdiction and capabilities. We're continuing to explore
that. That's mainly for DHS facilities. We are working with the
Department of Defense, Federal Aviation Administration (FAA),
Department of Transportation, and others, as well. Secret
Service has been using counter-UAS technology for some time.
So, we're trying to capitalize on their experience and what
they've seen, and then S&T is building on that with additional
research, development, and testing, hopefully, to have
capabilities out there in the short term.
Senator Hoeven. Well, I know you're busy on the Southern
Border, and obviously, coronavirus and all these important
issues, but I would like you to come to the northern border.
Grand Forks, North Dakota, has the responsibility for 900 miles
of border, that State, all from the Great Lakes out through
most of Montana.
Mr. Wolf. Right.
Senator Hoeven. We also have a very large UAS operation. We
have the Northern Plains Test Site there.
Mr. Wolf. Yes. I've been there, Senator.
Senator Hoeven. Okay.
Great. We'd love you to come back, now that you're the
Secretary.
Mr. Wolf. Great.
Senator Hoeven. All right?
Senator Tester. And you can come to Montana, too, when you
go to North Dakota.
Mr. Wolf. Absolutely.
Senator Hoeven. Yeah. Tester's got a beautiful State. He'd
love to have you check it out Montana, as well. But, we'd like
you to come back and see----
Mr. Wolf. Happy to do that.
Senator Hoeven. We think we can help you with all your
border security operations.
Mr. Wolf. Great.
Senator Hoeven. Yeah.
Mr. Wolf. I believe it was a test site, in conjunction with
North Dakota State University.
Senator Hoeven. University of North Dakota.
Mr. Wolf. Yes.
Senator Hoeven. Yeah. We have a very large aviation school
there.
Mr. Wolf. Yes.
We were there in, late 2018, I believe.
Senator Hoeven. Fantastic. Did you come with----
Mr. Wolf. With Secretary Nielsen.
Senator Hoeven. Oh, great, great. Yeah, absolutely. Well, I
remember that visit. I'm sorry I forgot you were with us. But,
I appreciate you being up there, and we want to--I'm glad
you've seen it. We continue to make progress and want you to
come back.
Mr. Wolf. Great.
AUTONOMOUS SURVEILLANCE TOWERS
Senator Hoeven. Tell me a little bit about autonomous
surveillance towers.
Mr. Wolf. So, that's a piece of Border Patrol technology
that's absolutely critical. We talk about securing the border.
We do it through technology, we do it through physical
infrastructure, and then, of course, people. The autonomous
surveillance towers are that other piece of critical
technology. I believe we have upwards of 200 towers that we're
looking to deploy. These are relocatable, so that you can
position them. They run off of self-supported power, mainly
sunlight. They provide a capability--a domain-awareness
capability for the Border Patrol that improves upon some of the
towers that they previously had out there. So, we look forward
and we're very excited about the capabilities that that
provides them.
Senator Hoeven. Don't you have to make it a program of
record and expand it, or are you still going through that
process to make that determination?
Mr. Wolf. That's a continuing discussion that we have with
CBP, but, again, we like the capabilities that those towers
provide, and we'll continue to deploy them.
REAL ID
Senator Hoeven. REAL ID, I just went through that process
and got my REAL ID. And you've got to have--I mean, it's quite
a bit. Fortunately, in our State, they're on top of it. And,
you know, if you get the four different types of required
documentation, so on and so forth, go in and get it.
Tell me, you know, by October 1, folks are going to have to
have that to go on a get on an airplane.
Mr. Wolf. Right.
Senator Hoeven. What's going to happen when somebody shows
up and their ID isn't REAL ID?
Mr. Wolf. Thank you for the question.
Senator Hoeven. What are you going to do there at TSA?
Mr. Wolf. Yes. Thank you for the question. This continues
to be an issuing program, because, in our mind, the States have
had more than 14 years to phase this in.
The law passed in 2006. So, we encourage States to invest.
The majority of them have. We have--all States are compliant.
All but two are issuing REAL IDs at the moment. We would like
them to go faster. I think that they would like to go faster.
We continue to have that dialogue with them.
Today, about 35 percent of IDs in circulation are REAL ID-
compliant. So, that's a relative----
Senator Hoeven. Thirty-five?
Mr. Wolf. Around 35 percent. So, that's a relatively low
number.
Senator Hoeven. Well, I got mine, so it's, like, 35
percent, plus one, then.
[Laughter.]
Mr. Wolf. Yes, sir.
It's a relatively low number when you look at October 2020.
We're doing a number of things, to engage the industry. We just
issued a policy adjustment that allows individuals seeking to
come in for a REAL ID. They could submit their documents
electronically to the Department of Motor Vehicles (DMV), and
then that makes it easier as they go in. I will say that the
original law that REAL ID passed is very restrictive for the
Department. It was passed in a time where there were no
smartphones; there were flip phones. This idea of transmitting
information securely, versus coming in with the information, is
a real challenge. That's where you see a lot of bottlenecks at
DMVs and a capacity issue at DMVs.
Senator Hoeven. Yeah. But, the thing that I'm suggesting to
you is, come October 1, you're going to have a lot of people
show up at TSA.
Mr. Wolf. Yes.
Senator Hoeven. And they're going to want to get on an
aircraft and they're going to show their driver's license, and
they won't have their passport, they won't have something else.
Mr. Wolf. Right.
Senator Hoeven. And now they're going to say, ``Hey, but
I've got to get on my flight.'' And that--that's going to
happen. You know it's going to happen.
Mr. Wolf. Yes.
Senator Hoeven. And so it's incumbent on the States to get
it out. I think they're trying. I'm just saying for TSA, as an
organization, you're going to you're probably going to need
some contingency.
Mr. Wolf. Right. We are certainly planning.
Senator Hoeven. Yeah.
Mr. Wolf. We're planning for a variety of eventualities. We
also are trying to educate the public. So, you can certainly
have a REAL ID-compliant ID, but there's other alternative
forms of ID that you can have, as well--a military ID, a
passport, as well as a number of others. So, we continue to try
to educate the American people and the traveling public on what
type of identification they need, come October. Our partners in
the airline industry, airline associations, and travel
associations are also pushing out a lot of useful information,
as well.
Senator Hoeven. And just a final question. Back to
coronavirus.
Mr. Wolf. Yes
SCREENING PEOPLE ENTERING UNITED STATES
Senator Hoeven. Do you feel you've got adequate screening
in place now for people coming into the country?
Mr. Wolf. We do. We do. We have 11 airports where we're
prescreening folks. To date, since those measures went in
place, DHS, CBP, CWMD, we've screened more than 50,000
individuals coming into the United States. And that's just at
airports. We're also screening folks at land ports of entry as
well as at maritime ports of entry.
Senator Hoeven. Right. But, is it fair to say that your
message to the public, then, is that you feel you do have
adequate screening.
Mr. Wolf. Absolutely. We--I have all the information that I
need from CDC and HHS on a daily basis to make operational
decisions to determine whether we're keeping the American
public safe. Absolutely, threat remains low. We'll adjust those
measures as the CDC and HHS directs us. But, as of today, I'm
very satisfied with the measures that the Department has taken.
Senator Hoeven. Thank you, Secretary, appreciate it.
Mr. Wolf. Thank you.
Senator Capito. Senator Tester.
BORDER SECURITY IMPROVEMENT PLAN
Senator Tester. Yeah, thank you, Chairwoman Capito.
I want to, first, talk about the wall budget for a second,
$2 billion in additional money for construction. And, quite
frankly, the last border security improvement plan we had--as I
said, that was 2 years ago--it was criticized by some of us and
by GAO. We keep hearing that another plan is coming.
Mr. Wolf. It is.
Senator Tester. When?
Mr. Wolf. I would say in the next several months. It's
currently in review at the Department, and is being finalized.
Senator Tester. So, can you give me--if it isn't here by,
like, the 1st of June, should we be calling you in front of the
committee and raking you over the coals, or the 1st of May, or
the 1st of April?
Mr. Wolf. I think that's fair. I think a June deadline. I
will push, personally, to get it before that.
Senator Tester. Okay.
Mr. Wolf. But, we have it. It's being finalized today.
Senator Tester. And if you can get it quicker than that--I
mean, we're talking--I misspoke--it's only $15.185 billion for
the wall.
Mr. Wolf. Yeah.
Senator Tester. That's a huge amount of money.
Mr. Wolf. Sure.
BORDER WALL CONSTRUCTION: CONTRACTS
Senator Tester. And we need to have a plan, and it needs to
be a good one, and better than the last one.
Last week, you announced a plan to expedite the border wall
construction by waiving ten Federal procurement laws for
several sectors where the border wall is being planned. This
will eliminate the full and open competition process. It will
eliminate the requirement for a contractor to submit cost and
pricing data, provide a bond, guarantee wage payments, and
eliminate the bid--the bid protest process. We're talking about
$17 billion of this budget goes through, as advertised. How can
we protect the American taxpayer if these procurement laws are
waived?
Mr. Wolf. So, the design--the concept behind waiving that
specific waiver was to reduce the length of time between award
and construction.
Senator Tester. I got it. I understand. But, the truth is
they're there for a reason.
Mr. Wolf. We talked with----
Senator Tester. And, by the way, this argument could be
made for building the polar cutter, the C-130s, whatever it
could be.
Mr. Wolf. The funding that the U.S. Army Corps of Engineers
will get will continue to go to vetted and qualified applicants
who are currently on contract with the Army Corps, or to those
who are on a larger task order for the----
Senator Tester. But, doesn't your procurement law eliminate
any bidding, any protests? So, the question is, how do we hold
these folks accountable if they get a sweetheart deal?
Mr. Wolf. Well, they've already been pre-qualified; they've
already determined contracts. They're--most of them are already
building the border wall system today. So, the idea is to add
to those contracts as that additional wall and that additional
property become available. So, these contractors have been
vetted, they've gone through that contracting process, they
hold the task order with the Army Corps or an IDIQ (indefinite
delivery/indefinite quantity).
Senator Tester. So, you have a list of contractors, then.
Mr. Wolf. Yes.
Senator Tester. Are any of these classified as small
businesses?
Mr. Wolf. I believe there is one.
Senator Tester. Could you give me that list? Because the
procurement also waives the provision that provides
opportunities for small businesses.
Mr. Wolf. Yes. Okay.
Senator Tester. And I would love to have that, because the
procurement is it a pain in the neck? Yeah. Do you have to jump
through hoops? Yeah, it's tough. But, they're there for a
reason. And they're there to make sure that we hold our
contractors accountable and that the taxpayer dollars--I get
it, you want to get it built, and you want to get it built
quickly.
Mr. Wolf. Right.
Senator Tester. But, you still have to do certain things,
and have to do it right. Otherwise, after it's built, the
dollars have been spent, and it wasn't the best value, the
question is it too late then.
Mr. Wolf. Yes, Senator. I don't believe that it is. So,
again, we continue to work with the Army Corps of Engineers,
making sure that their vetted contractors, their task orders,
and the IDIQs that they hold are going to get the best value
for the American taxpayer.
BORDER WALL SYSTEM: EMINENT DOMAIN
Senator Tester. I appreciate that. So, from my math, about
235 miles will be needed to be acquired from private
landowners, or private holdings. Have landowners been
contacted?
Mr. Wolf. They have.
Senator Tester. And how many have given you permission to
access their property for a wall?
Mr. Wolf. Well, again, it's certainly a complex procedure,
anywhere from the title search to----
Senator Tester. I got it. The question is, if you come on
my land and you use eminent domain those are fighting words.
Mr. Wolf. Yes, Senator. Again, we survey before we ever get
to the combination part. You know, we're doing the survey, the
title search.
Senator Tester. Yeah. So, where are we at, though? Mr.
Wolf: We have a number of landowners have allowed us on land to
survey. There are some that have not. We continue to work with
them. Again, the Army Corps, through their contractors, are
doing that.
Mr. Wolf. That's mainly our Rio Grande Valley (RGV) sector.
Senator Tester. Okay. Well, have you exercised any eminent
domain as of yet?
Mr. Wolf. The Army Corps has, I believe, in just a small
handful of cases.
Senator Tester. I would love to know where they're at, and
I would love to know what transpired.
Mr. Wolf. Okay.
Senator Tester. And I will tell you--look. I mean, I'm on
the northern border. I'm not right on the border, I'm about 80
miles south. But, the truth is, I have a certain amount of
empathy for those folks who may have their farm or ranch split
in half, or even a quarter section peeled off, due to this
wall.
Mr. Wolf. Yes.
Senator Tester. And the wall may take--I don't know how
many feet does it take? Half a mile?
Mr. Wolf. It's a little less. There's an exclusion zone;
there's the physical building of the wall.
Senator Tester. But, the fact is, it could have impacts for
a much greater area than that.
Mr. Wolf. Right.
Senator Tester. And it's my understanding, there's a ton of
lawsuits and maybe you know this from the last time this was
done, during the Bush administration.
Mr. Wolf. Yes. Right.
Senator Tester. How many of those lawsuits on eminent
domain are still outstanding?
Mr. Wolf. I don't know how many are still outstanding.
Senator Tester. This is really an important issue for
private property rights. It really is.
Mr. Wolf. I know that we've obviously been sued a number of
times regarding the border wall.
Senator Tester. Yeah. I mean you're going to get a letter--
--
Mr. Wolf. A number of litigations----
Senator Tester. You're going to get a letter from a lady in
the--and I just sent it to the Chairman--from a lady by the
name of Kelly Kimbro, that's ranch is going to be split by a
wall, who's very concerned. And, by the way, she's a rock-red
Republican.
Mr. Wolf. Yeah.
Senator Tester. She supported Trump.
Mr. Wolf. I understand.
Senator Tester. And they're very, very worried about the
impacts this is going to have on their farm.
I'll yield for now.
Senator Capito. Senator Lankford.
DRUG INTERDICTION: TECHNOLOGY
Senator Lankford. Thank you.
Chad, thanks for being here. Thanks for the work that you
do. You're covering a lot of issues today, as you do on a
normal day, from coronavirus to border security, to all sorts
of law enforcement issues, to election security, to security at
infrastructure facilities. You've got a lot on your plate. So,
I appreciate the work that you do, and the professionals that
work around you. And you have thousands of folks on the team,
so tell them thank you from all of us, and for what they do.
I want to run through multiple different issues here, but
let me start with methamphetamine and through Fentanyl and
other opioids that are coming through our southern border into
the United States.
Mr. Wolf. Right.
Senator Lankford. We've talked a lot about the technology.
I've met with some companies, recently in Oklahoma, that are
doing a significant amount of research on hand-held devices to
be able to help detect Fentanyl and other illegal substances
coming across our southern border. There's a lot of dialogue
about what you have already put into place in technology. But,
it's always interesting to me, almost everyone I've talked to
on technology says, ``We're trying to get as good as a dog's
nose.'' So, let me ask you the odd question with this, on
what's happening in our ports of entry and other locations. How
are we doing getting more dogs' noses there as we're trying to
be able to work towards getting more technology that's almost
as good as a dog's nose in this process?
Mr. Wolf. Right.
Senator Lankford. Are we increasing our dog-sniffing
presence in all these locations? How are we doing adding
technology to be able to line up with that, as well?
Mr. Wolf. So, it's all of the above, Senator. We're
certainly looking at both the technology--again, the people,
canine assets, as well. As we mentioned earlier in the hearing,
about two-thirds of the illicit drugs that we see--the opioids,
the Fentanyl, but also marijuana. All of the narcotics are
coming through our ports of entry. About one-third is between
our ports of entry. And that number is rising. So, we're
concerned about that, as well. We have--a number of investments
have been made by Congress in fiscal years 2019 and 2020 for
that NII technology. We'll continue to invest in our canine
workforce.
Senator Lankford. Right. Will that be able to be
implemented by the end of this fiscal year? Or when do you
think that funding will be fully rolled out and implemented?
Mr. Wolf. Yes. So, the funding for the NII technology will
be over multiple years.
Senator Lankford. Okay.
Mr. Wolf. Some of the 2019 money will be implemented in
this year, and some of the 2020 money will continue to be
rolled out. That is 2-year money versus 1-year money.
Senator Lankford. Right.
Mr. Wolf. It's a large technology contract.
Senator Lankford. It is. It is. And it's a significant
task. And it's extremely important to us. Every one of our
States, and your hometown, as well, is affected by Fentanyl and
opioids and methamphetamine coming in. So, the faster we can
roll that out and be able to be engaged in that, the better to
be able to help cut off the flow of some of these drugs coming
into the United States.
Mr. Wolf. Yes.
DETENTION: SOFT-SIDED FACILITIES, BEDS
Senator Lankford. So, I appreciate all that you're doing.
There's been a lot of conversation about ICE detention
beds, as well. I've been on the southern border. You've been on
the southern border a lot. The soft-sided facilities that CBP
has put into place because there weren't enough ICE beds costs
a tremendous amount of money.
Mr. Wolf. Right.
Senator Lankford. How is that going in balancing out
better-quality ICE beds at a lower price than CBP having to do
more-expensive temporary soft-sided facilities to be able to
handle individuals coming across the border?
Mr. Wolf. Well, I think our idea is to get out of the soft-
sided-facility business. We did that because of the surge last
year. Again, thank you for--Congress, for providing those
resources to do that. What we've seen--As the numbers have
decreased over the last several months, we were able to take a
number of those soft-sided facilities offline and, again
continue to save money.
Senator Lankford. Right.
Mr. Wolf. So, we've taken one facility offline. We're
taking another three offline in the coming months, assuming our
numbers continue to hold. That'll be about a $20 million
savings per month as we continue to take those offline.
Senator Lankford. Right. And is the goal, at some point, if
there's a surge again, to be able to surge into ICE facilities,
or to surge back into the soft-sided?
Mr. Wolf. What we're trying to do is to move some of these
soft-sided facilities into hard-sided facilities. We do need
that capacity, that surge capacity, on the southwest border. We
would like that to be in a hard-sided facility versus the soft-
sided.
Senator Lankford. Right.
Mr. Wolf. Over time, those are more cost-effective.
Senator Lankford. Right.
Mr. Wolf. As far as ICE beds, though, we do modeling, most
of which we share with the Committee, almost all of that we
share with the Committee, and we continue to see an increase in
the beds that ICE continues to need over time. As the surge
occurred last year, and we had--we were releasing more than
100,000--140,000 in some months--individuals into the interior,
there's a tail to that, and that comes to ICE doing its law
enforcement mission inside the interior of the country. As ICE
focuses its attention and resources on criminals and picking up
those individuals who have a final order of removal and the
like, we have more than 3 million aliens on the non-detained
docket, a million of those have final orders of removal. That's
what ICE does.
Senator Lankford. Right.
Mr. Wolf. As ICE picks them up, ICE needs to have the
ability to detain those individuals for a short period of time
before we deport them or repatriate them.
H-2B VISAS
Senator Lankford. Right.
Let me make a couple of quick comments.
Senator Shaheen had mentioned, before, about the H-2B
visas.
Mr. Wolf. Yes.
Senator Lankford. I know Congress had given authority to be
able to double the number of visas.
Mr. Wolf. Right.
Senator Lankford. And that was Congress's statement to say,
``You can go up to twice as much, but you've got to be able to
look at the Department of Labor and the numbers that are
there.'' I know you've mentioned already that Congress was the
best to be able to set that number. Congress has said, ``Hey,
work with the Department of Labor and see what'' we need at
this point.''
Mr. Wolf. Right.
Senator Lankford. And you have the opportunity to go up to
twice as many as you've done in the past. There was a Wall
Street Journal story out last Friday, saying that there is some
conversation about, there may be up to 45,000 additional visas
that may come online soon. That's not been released by your
team yet.
Mr. Wolf. Right.
BORDER WALL CONSTRUCTION: RELIGIOUS FREEDOM RESTORATION
Senator Lankford. I would just say, if you're choosing to
do that, Congress has already spoken into that to say you have
permission to be able to do that number, and even higher than
that, even--but, if you choose to be able to do that, do that
as quickly as possible. If that stretches out into June and
July, before those actual releases come, that's too late for
the season. And so, trying to be able to get those done faster
is better than slowly trying to be able to piece those out.
And if I can mention one other thing, if I can beg the
indulgence here of the Chairwoman on this, and that is this
issue about RFRA and--the Religious Freedom Restoration Act and
the waiver that's being put in place for construction of the
wall.
Mr. Wolf. Right.
Senator Lankford. I've been very confused by this, because
DHS has said, ``We're waiving RFRA, and we have authority to do
that,'' when RFRA actually says, ``You can't waive this unless
Congress specifically states that it can be waived.'' And I
know this is going to be a battle of the lawyers to be able to
determine.
What I'm trying to figure out is, why is there a need to
even waive RFRA? Because, as far as I can tell, there's never
been a need to be able to waive that. So, why preemptively say
we're going to, when there's not really a statement to say we
waive religious freedom protections to be able to build the
wall.
Mr. Wolf. Right. Well, I've looked into that issue. Thank
you, Senator. I will say that, you know, the last 12 or 13
waivers, I believe, that we've signed have not waived RFRA.
Senator Lankford. Right.
Mr. Wolf. You have my commitment to making sure that, as we
look at any waivers going forward, if that's put before me, I'm
going to ask a series of questions. Specifically, does this
inhibit building the border wall system at any point? I think
we oftentimes err on the side of caution on what we waive. And
I think that it's incumbent on part of the Department to ensure
that what we're waiving has a specific impact on the number of
miles that are being built in that specific area. As you know,
the waivers are to specific sectors and miles.
Senator Lankford. Right.
Mr. Wolf. So, it's incumbent upon us. But, I will say, the
Department has not waived that in the last 12 waivers.
Senator Lankford. Since 1993, the Religious Freedom
Restoration Act has never been waived.
Mr. Wolf. Yes.
Senator Lankford. And so, I'd like not to have a first in
that.
Mr. Wolf. Okay. I understand.
Senator Lankford. Thank you.
Senator Capito. Senator Baldwin.
U.S. COAST GUARD: ICEBREAKERS
Senator Baldwin. Thank you, Madam Chair.
So, Acting Secretary Wolf, Executive Order 7521 requires
the U.S. Coast Guard to conduct icebreaking operations to meet
the reasonable demands of commerce. However, the Coast Guard's
icebreaking fleet in the Great Lakes has declined from 14 to 9
vessels over the past 40 years, and the region's economy has,
consequently, lost billions of dollars in economic activity,
particularly over the past 7 years, due to inadequate Coast
Guard icebreaking resources. Now, I've asked the President to
include funding to build a new Great Lakes icebreaker, but all
I've heard back is that other Coast Guard needs are more
important. I would note that, in your opening statement, you
equated economic security and national security.
Mr. Wolf. Yes.
Senator Baldwin. The Coast Guard's fiscal year 2021 request
includes no funding for this new icebreaker. So, I'm wondering
how you can ignore the economic injury that is occurring in the
Upper Midwest, and in particular, obviously, the Great Lakes
region, in this budget.
Mr. Wolf. I've talked with the Commandant about our
icebreaker capability, not only in the polar region, but also
in the Great Lakes. I certainly understand the concern that you
have. I will say that, for the Coast Guard in fiscal year 2021
it has a number of priorities. Polar security cutters would be
the second one. The offshore patrol cutter will become the
backbone of what the Coast Guard does offshore. So those
continue to be the priorities for the Coast Guard. Those are
high-capital investments. I will also say the readiness of the
Coast Guard continues to be an issue, as it does with all of
our service agencies. When you have a limited budget, you have
to focus resources. As I mentioned at the outset, I've talked
to the Commandant about the icebreaking capabilities in the
Great Lakes. He feels comfortable where they sit today.
Obviously, the Mackinaw, but then they have a number of smaller
vessels that provide some capability, as well. But we'll
continue to have that dialogue. It's--you know, limited
resources, we have to prioritize.
Senator Baldwin. And I'm fully supportive of the polar ice
cutter. I would say the Mackinaw is well over--it's a very old.
Mr. Wolf. Yes, ma'am.
MIGRANT PROTECTION PROTOCOLS
Senator Baldwin. And the cost of repair and the time out is
very significant. But, what I'm telling you is, the Great Lakes
region--and, indirectly, the entire Upper Midwest--is suffering
because of the lack of icebreaking capacity, economically. And
this should be a priority, especially given your comments of
equating economic security and national security.
I want to switch topics. It's been more than a year since
DHS began implementation of the Migrant Protection Protocols,
also known as ``Remain in Mexico policy,'' which keeps migrants
in Mexico while they await their immigration hearings. The
present advocacy groups have documented widespread abuse of
migrants returned to Mexico under MPP, including things like
kidnapping, extortion, and other violence.
In December, I had an opportunity to travel to Tucson and
Nogales, Arizona, to visit DHS and HHS facilities, as well as a
private organization supporting migrants. Service providers
there told me that the migrants returned under MPP are easy
targets for criminal organizations in Mexico and, frankly, in
the U.S., in part because they are readily identifiable because
CBP mandates that they remove their shoelaces when they are in
custody, and releases them without returning them. I found that
sort of odd and surprising, but I heard it over and over again,
that if you see a family, none of whom have shoelaces on their
shoes, you know that they are probably folks who have been
recently released from custody and probably very vulnerable.
Your budget requests $126 million for MPP, and claims that
the program offers protections for vulnerable populations. In
light of the many reports of abuse of these individuals, what
steps is CBP taking to ensure that they are safe as they await
their day in court?
Mr. Wolf. Sure. We're taking a number of steps regarding
the MPP program. We had an independent team in the Department
do a review of the MPP program. These are individuals who have
little to do with immigration, so they were coming to the
system blind. They recommended a number of steps to take. We're
implementing some of those that we had already considered. I
will say that we continue to work with the Government of
Mexico, who is a partner with us in this program. Through the
Department of State, we've provided up to $22 million in
funding to help them build out their shelter capability. That
includes security for those shelters transportation funding. We
do a number of things with our Department of State colleagues,
to make sure that the Government of Mexico is fulfilling its
requirements under this program to ensure that individuals in
the MPP program, as they await their immigration court
proceedings in Mexico, are in safe and secure shelters every
day.
Senator Baldwin. Are you aware of the shoelace policy?
Mr. Wolf. I'm aware of the shoelace policy as it pertains
to being in CBP custody. I made a note of that, to take a look,
as we release----
Senator Baldwin. Seems like that would be a very simple
thing to correct.
Mr. Wolf. Right.
Senator Capito. Senator Hyde-Smith.
DRUG INTERDICTION: U.S. COAST GUARD
Senator Hyde-Smith. Thank you, Madam Chairman.
And, Acting Secretary Wolf, just want to tell you how much
we appreciate everything that you do, and congratulate you on
your new position.
Mr. Wolf. Thank you.
Senator Hyde-Smith. My home State of Mississippi is
certainly grateful to the Department for the responsiveness
following emergencies and natural disasters, such as Hurricane
Katrina, when that occurred. Mississippi is also proud of its
long and storied shipbuilding traditions. We're proud of our
support of the U.S. Coast Guard, and gratified with the Coast
Guard's recognition that you've given us of the strong work
ethic and well-established excellence in shipbuilding on the
Mississippi Gulf Coast.
Mississippians take great pride in their contributions to
the Department of Homeland Security's mission and also our
national security interest, and we're proud that one of our
shipyards is constructing a new polar security cutter to aid in
the security of our Arctic theater. And I certainly look
forward to ensuring we provide the ships and other equipment
our men and women in uniform desperately need that we do quite
well.
Mr. Secretary, as you've highlighted in your testimony, the
Coast Guard is a unique component with advanced operational
capabilities and multiple jurisdictional authorities enabling
the service to carry out both law enforcement and national
defense missions. The Coast Guard seizes more drugs than all
other Federal agencies combined. For example the Coast Guard
cutter James recently returned from a 2-month deployment, where
it seized over 13,000 pounds of narcotics. In the past 4 years,
the men and women of the Coast Guard have interdicted 2 million
pounds of pure cocaine worth an estimated value of $26 billion.
Please describe the unique capabilities and authorities the
Coast Guard provides for homeland and border security.
Mr. Wolf. Sure. Just to expand on your points about the
interdiction of drugs at sea, Coast Guard. If you have the
ability to visit Joint Interagency Task Force (JIATF) South in
Key West. That is a facility that's throughout the--DOD, DHS, a
variety of different agencies are focused on illicit drug
traffic coming from South America and Central America into the
United States. I'm proud to say that it's Coast Guard cutters
that are providing that capability and that interdiction
capability, both in the Caribbean and the eastern Pacific. It's
using intelligence that we gather from a number of different
agencies, but it is Coast Guard men and women on ships and in
the air, and CBP assets as well, that are providing that
interdiction of all the illicit drugs coming from South America
on a daily basis. They have a law enforcement mission, as you
indicated, that's a little different from DOD's mission. They
are a natural partner to our DOD assets, looking to protect the
homeland. They not only do that here at home, but they do that
away from the homeland, in the eastern Pacific, in the
Caribbean, as well as overseas, providing that law enforcement
capability that DOD needs.
U.S. COAST GUARD: BALANCING BORDER SECURITY MISSION AND DEPARTMENT OF
DEFENSE SUPPORT
Senator Hyde-Smith. And switching to the national security
arena, last year Coast Guard cutters Bertholf and Stratton were
deployed in support of the Indo-Pacific--Commander, and
missions in support of Department of Defense efforts are
becoming a very common occurrence.
Mr. Wolf. Yes.
Senator Hyde-Smith. How has the Department prioritized the
Coast Guard's counterdrug and border security missions versus
the demand signal for Coast Guard's assets in support of the
combatant commanders?
Mr. Wolf. It's certainly a balance. It's a delicate balance
that the Commandant has to do every week and every month. The
Coast Guard is happy to provide support to DOD and to serve
alongside them. We have about 2,000, I believe, Coast Guard men
and women who are deployed overseas in support of the various
combatant commanders. You mentioned Indo-Pacific, but also in
the Middle East, Bahrain, and elsewhere. When we had issues
flare up in Iraq and Iran at the beginning of the year, we had
Coast Guard men and women deployed there in support of DOD, as
well. So it's a balance. They certainly have to do their
maritime mission here in the States, here in the homeland,
their drug interdiction capabilities. They have many missions.
But we're happy to support and serve alongside DOD
professionals overseas, as well.
Senator Hyde-Smith. Thank you. And it is very clear that
it's a huge balance.
Mr. Wolf. Yes.
Senator Hyde-Smith. But, thank you for what you do in
addressing that.
Thank you, Madam Chairman.
DRUG INTERDICTION
Senator Capito. Thank you.
We've completed the Senators that are here. Apparently,
Senator Murkowski's on her way. And Senator Tester and I have
some additional questions, so we'll go to a round 2.
I just would like to make a comment on the opioid detection
and how important that is. I was just down in southern West
Virginia with the head of the Office of Drug Control Policy,
Jim Carroll went to a drug court graduation.
Mr. Wolf. Right.
Senator Capito. He announced, at that graduation--because
what we're seeing is our drug problem morphing from opioid
prescription drugs to heroin and Fentanyl to, now, synthetic
methamphetamine.
Mr. Wolf. Right.
Senator Capito. But, he announced that, at the border, you
had interdicted 432 packages with $18 million worth of
methamphetamine--I think it was a week ago Saturday--875
pounds. And, as I was reading the story, apparently one of the
agents detected something, sent it to secondary screening, and
it was picked up on the nonintrusive inspection, hidden in a
bunch of broccoli.
Mr. Wolf. Right.
Senator Capito. So, congratulations to you and the
interdiction that you're doing there.
Mr. Wolf. Appreciate that.
Senator Capito. You're saving lives by doing that. Crystal
meth is pretty nasty stuff.
Mr. Wolf. And we do work closely with the Office of
National Drug Control Policy (ONDPC). Late last year, we were
part of a technology challenge that it announced, to have a
number of companies continue to invest in the technology to
find smaller and smaller amounts of opioids. So, again, we work
very closely.
DENTENTION: SOFT-SIDED FACILITIES
Senator Capito. Well, that's good.
I'm not going to ask you about soft-sided facilities,
because Senator Lankford mentioned it, but you know that's an
area of--where I've been worried about waste and overspending,
and certainly want to be ready, but we want to be smart. And,
in visiting these facilities, as I've shared with you privately
several times they've been underpopulated.
Mr. Wolf. Right.
Senator Capito. And so, I've had great concerns about that.
So, I would encourage you--I know you're closing more than just
one now.
Mr. Wolf. Right.
Senator Capito. And I appreciate that, for your
responsiveness. And I'm sure it's in the best interest of the
Department, as well, in terms of the resources, and using the
resources in the best way. So, I don't know if you want to add
anything on that.
Mr. Wolf. Thank you, Chairman--we just need to balance, as
we bring those facilities offline, making sure that we are
still prepared, if there is a surge, another surge very similar
to last year, or even half of what we saw last year.
Senator Capito. Right.
Mr. Wolf. We want to make sure that we have the facilities
in which we can process these individuals, and that we don't
have them showing up again and spending long amounts of time in
Border Patrol facilities.
Mr. Wolf. Those aren't the right locations, and so we need
to just balance that concern.
MIGRANT PROTECTION PROTOCOLS
Senator Capito. Yes. Thank you.
Lastly--or, not lastly, but I would also, to Senator
Baldwin's question on the MPP--I mean, I think that, with the--
in conjunction with the Mexican government, it's been a great
deterrent to having people flood across our borders, in the
numbers. I mean, you've seen it go down since June, of what was
105,000, and then this past month it was 29,000. Something's
working there. And I think MPP is one of those protocols.
Mr. Wolf. Yes. I would like to elaborate. MPP is designed
to do several different things, but one is to make sure that
those with meritorious claims can have their claim heard and
adjudicated in a timely manner. So we're able to do that in
months now, instead of years. It's also deterring fraudulent
claims. What we're seeing is that about half of these
individuals who are put in the program never show up for their
court hearings. That's a similar percentage to what we see in
the interior, as well. Individuals who are put in this program,
who know that they do not have a meritorious claim simply
choose to walk away.
Senator Capito. Right.
Mr. Wolf. It's a little bit of deterring that fraudulent
behavior as well, rooting out, restoring that integrity to the
immigration system.
FEDERAL EMERGENCY MANAGEMENT AGENCY: GRANTS
Senator Capito. Thank you.
Last question I have is on FEMA. And I want to thank the
Department here, and thank FEMA, for helping us, in West
Virginia, recover from the 2016 floods, where you just recently
have helped us rebuild four of our schools that--and, you know,
it's 4 years later, so there were some frustrations there, but
FEMA really worked to help us make sure we were asking for the
right things.
Mr. Wolf. Yes.
Senator Capito. So, I appreciate that. And you just helped
us with the match issue, as well. But, also in your budget
request, it seems that the fiscal year 2020 grants on the
National Security and Resilience Grant Program, you're
revamping and cutting grants by an estimated $623 million. As
somebody who's prone to--FEMA has a healthy life in a State
like West Virginia.
Mr. Wolf. Right.
Senator Capito. We have, unfortunately, more than our share
of natural occurrences where we need help. I'm concerned--you
know, is this going to cut back on--will less overall funding
mean less grant applications would be granted and--you know,
when the demand is still up?
Mr. Wolf. Well, I'd say it's a balancing act, as all of our
resources are, on what's the appropriate grant funding. I think
that continues to be a dialogue the administration and
Congress. The grants are designed to build capabilities that
are not there for grantees. But, over time, we want to make
sure that they don't come to rely on grant funding as part of
their base budget. We want to make sure that we continue to
find new applicants, new grantees, and continue to build the
resilience and the capabilities of all of our partners in the
States. That's a reflection of what you see in the 2021 budget
request, is to make sure that we continue to focus on those
areas that need continued funding, that need to continue to
build those capabilities, but that we don't continue to fund
and build out individuals' and recipients' base budgets.
It is a balancing act. It's a share responsibility, not
only for the FEMA grants. There are certain grants where we've
increased two- or threefold. Targeted Violence and Terrorism
Prevention (TVTP) that we talked about, domestic terrorism
prevention. We've increased the number of grants in that area.
We look at each grant program differently to determine what's
needed.
Senator Capito. Well, I would say, then I'll turn to
Senator Tester--in terms of FEMA grants and preparedness and
emergency response, this country, I think all of us have
collectively responded to each individual areas of our country
that have had need if we've had to have supplemental funding or
if we'd had to expedite the response quicker. I think we're all
kind of pulling for each other, here. But, I think the best
thing for the Department and for States to plan is to make sure
we have enough in there to have that baseline response
capabilities so we don't have to go to the up-and-downs of
supplements and emergency funding and all that.
So, Senator Tester.
BORDER WALL SYSTEM: TOHONO O'ODHAM TRIBE
Senator Tester. Thank you, Madam Chair.
And I also want to just say thank you for--thanks again for
being here, Acting Secretary.
I'm not going to do a ``gotcha.'' Are you familiar with the
term ``consultation'' as it applies to having meaningful
conversations with Indian tribes?
Mr. Wolf. Yes.
Senator Tester. Okay. So the question is, there's a wall
being built with Tohono O'odham tribe.
Mr. Wolf. Yes.
Senator Tester. The tribe says it's going across tribal
land that is a burial site.
Mr. Wolf. Yes.
Senator Tester. The tribe says there has been no
consultation.
Mr. Wolf. Sorry. Go ahead.
Senator Tester. Yeah. No, shoot. I mean, has there been a
consultation?
Mr. Wolf. I've had conversations with both, Senators
McSally and Sinema on this issue.
Senator Tester. Yeah.
Mr. Wolf. We have been in constant communication with the
tribe and with the Nation. We have some differences of opinion,
but it's not for a lack of communication.
Senator Tester. Okay.
Mr. Wolf. We continue to communicate with them. I plan to
visit them as early as I can on one of my next visits there.
Senator Tester. I would appreciate that, but the whole idea
behind consultation isn't its actually listening.
Mr. Wolf. Yes.
Senator Tester. And I'm not saying you're not, but I'm
saying that, when you get pictures--like this, that appears
that it's going through a burial site, maybe there's more to
the complaint than just somebody unhappy.
Mr. Wolf. Sure. I know that they were concerned about use
of groundwater. So we've addressed that concern.
Senator Tester. Yeah.
Mr. Wolf. We're no longer using it within a certain
mileage.
BORDER WALL SYSTEM: TECHNOLOGY
Senator Tester. Okay. Well, it is critically important. And
more I'm getting to on this is not only with tribes.
Mr. Wolf. I agree.
Senator Tester. I brought up eminent domain in the last
round. These all set up grounds where people come to hate the
government. And there is nobody that I've served with in the
United States Senate today, certainly nobody on this committee,
that doesn't want to empower you to do the job you need to do
to keep this country safe. You brought up the stuff on the wall
that's going to keep this country safe.
Mr. Wolf. Right.
Senator Tester. It's not a steel wall that's 18 or 20 feet
high. It's the lights, it's the cameras, it's the radar, and
it's the heat-seeking information that can be up. It's the
technology. It's the artificial intelligence. It's all of that.
I just wish--and I know you can't tell the President that this
is a bad idea, because if you do, you won't be Secretary
anymore, because he tends to put people in positions like yours
that absolutely agree with him 100 percent.
Mr. Wolf. Senator, we need the entire border wall system.
So we talk about the border wall system's physical
infrastructure, and it's all of the other technology that you
talked about.
Senator Tester. I got it.
Mr. Wolf. You need both.
Senator Tester. But, what I'm telling you is that if you
use technology, you get away from the problems that the Tohono
O'odham have, you get away from the problems that the folks
with eminent domain have, you get away from the million acres
in Texas alone that's going to be separated and become a no
man's land that's United States soil but will be south of that
wall. You get rid of all those things. And I maintain that it's
going to be more effective than a wall. And you know why?
Because 10 or 20 years from now, there will be different
challenges, and you'll be able to change that technology to
meet the 21st-century challenges that a wall is not going to be
able to meet.
Mr. Wolf. Yes.
Senator Tester. And I just put that out there. We can
disagree. But, mark my word, if I live long enough, there'll be
somebody standing in front of that wall, some President, that
will say, ``Tear down this wall.'' Because it's much more
effective utilizing technology. And it's a fact.
Mr. Wolf. Absolutely. Border Patrol needs technology. We
continue to request additional technologies. But they also need
the impedance and denial that an effective border wall system
provides. That comes directly from the operators.
Senator Tester. And what I'm telling you, if you utilize
manpower and you utilize technology, you can be more efficient
than a wall. Why? Because you can see further out. And that's
the question on the northern border. And it's the question that
the Senator from North Dakota brought up, and that these towers
are critically important, and they cost pennies on the dollar.
Mr. Wolf. Yes.
ELECTION SECURITY
Senator Tester. You know, we're spending, what, 2-and-a-
half-billion dollars on a potential pandemic that can raise
heck--and, by the way, if the 2-percent mortality rate we're
getting out of China, I hope we've got intel to back that up,
because they haven't been very forthright with a lot of the
information that they don't want us to know. So, I think that's
another thing. But, we're spending 2-and-a-half-billion dollars
on a potential pandemic, and we're spending 17-and-a-half
million, and we just started, on a wall. Anyway, it doesn't
make any sense.
I want to talk about something more fun: election security.
Mr. Wolf. Yes.
Senator Tester. We've got interference in the run-up--
potential foreign interference in the run-up to the 2020
election. It's a serious concern. It is no surprise that
Russia's at it again. Their goal is to undermine the confidence
of our democracy and our electoral systems, and spread
disinformation via social media and other platforms. We're
seeing it. Based on the intelligence reports that you're privy
to, do you agree that in the IC community--do you agree that
Russia's trying to influence this upcoming 2020 election?
Mr. Wolf. We believe as they did in 2016 and that they will
try to influence the election in 2020.
Senator Tester. And do you feel that your Department----
Mr. Wolf. We don't have any specific intelligence of that.
We know that they've tried--I mean, we know that they did in
2016; we assume they will do so again in 2020.
Senator Tester. So, I understand, you don't want to get in
trouble, but the truth is, you are a member of the intelligence
community. Has that information been shared, that Russia's
trying to influence our elections again? I'm not saying in
favor of anybody, I'm just saying they're trying to influence
our election.
Mr. Wolf. Right. Yes. They continue to sow discord with our
election system.
Senator Tester. And with this budget, do you think this
fully--this properly resources DHS to be able to attack this
problem?
Mr. Wolf. Absolutely.
Senator Tester. And you feel good about the potential to
make sure the States are on board that they know that you're
there to give them a backstop?
Mr. Wolf. Yes. Absolutely. We do a number of things with
the States, not only providing a number of services, at no cost
to the States. We're working with State election officials, but
we're also working with political parties and individual
campaigns to offer those same services to their platforms and
what they have out there. We're also trying to educate voters
to determine what foreign interference looks like and sort of
adjust from there.
Senator Tester. Okay.
Mr. Wolf. They have a role to play in this as well.
Senator Tester. Thank you. I think it's--this is
foundational to the future of this country and the future of
this democracy. Russia's screwing around, and they're doing
this on--for less than it costs for a fighter jet.
Mr. Wolf. Right.
U.S. SECRET SERVICE: PROPOSED MOVE
Senator Tester. And it's crazy.
I just have one other question for you, if I might.
Senator Capito. Go ahead.
Senator Tester. And that is, is that there is a proposed
Secret Service move. It was from your Department to Treasury. I
don't necessarily think that's a good idea, but that isn't the
point here, whether you think it's good or I think it's good.
The point is, has there been an independent analysis to
determine the pros and cons of such a move?
Mr. Wolf. There has been a study, I believe, that's been
provided to Congress on a move from DHS to Treasury and the
pros and the cons of that.
Senator Tester. Who did it?
Mr. Wolf. Happy to provide that again to you.
Senator Tester. And who did it?
Mr. Wolf. I believe it was a number of folk, to include
Secret Service, but also other elements of the Department.
Senator Tester. Was it an independent group that had no dog
in the fight?
Mr. Wolf. No. I believe there were folk from the U.S.
Government who would be involved in that move.
Senator Tester. I think they need to be involved, but from
a question-answering side, not a question-asking side.
Mr. Wolf. Yes. Okay.
Senator Tester. And so, I think it's important.
I honestly think Secret Service should remain where it's
at. Why? Because I think you do a good job, and I think there's
more benefits and there's more cost-effective benefits if we
keep it where it is. I don't understand sending it to Treasury.
There may be a reason or two, but it certainly does not weigh
the reason to keep it where it's at.
I just want to say, and just in closing, really quick,
thank you for what you're doing. There were tough questions
that were asked today. I appreciate your frankness.
Mr. Wolf. Right.
Senator Tester. And I also appreciate getting the
information back that you said you'd give us.
Mr. Wolf. Thank you, Senator.
Senator Tester. Good luck to you.
Mr. Wolf. Thank you.
Senator Capito. Thank you.
I'd like to thank you, as well, for your testimony. We've
just gotten called for a vote.
I would like to tell my friend, Senator Tester, that I
agree with him on the Secret Service. I don't agree that they
should be leaving and moving over to Treasury. They're part of
the fabric of the Department of Homeland Security. And so, I
frown upon that, as well. And I think if the illusion that
possibly may be thought that more resources or more attention
would be paid to the Secret Service at the Department of
Treasury, I think you do a great job at the Department of
Homeland Security, recognizing that.
Mr. Wolf. Right.
CORONAVIRUS: PROTECTING FRONT-LINE WORKERS
Senator Capito. I've toured a lot of what they do in and
around the White House and in executive protection, and they're
such a quality group of individuals that I think Homeland--
they're well-placed in Homeland Security.
I have one last quick question. On the coronavirus, when
you mentioned your resources that are screening people--and
this is probably small, because there's only 15 cases, but I
think this is something that sometimes we forget, sometimes.
When the people are in the workforce and they're placed in
situations.
Mr. Wolf. Right.
Senator Capito. Where they could put themselves at risk,
that we not really that we may overlook that own personal risk
that they're taking in betterment for the--you know, for the
good of the country. You know, something like this, I think, is
a pretty careful and sensitive topic. So, I'm sure that you're
keeping your eye on those front-line workers, but I do believe
that that is something that I'm concerned about.
Mr. Wolf. Yes. It was part of my response to Senator
Kennedy. I have a responsibility to make sure the American
people are safe, but also the men and women of the Department
of Homeland Security in doing their job every single day. We
provide a number of resources to CBP officers, as to well as
TSA officers, to make sure that they are aware of the risks and
that they understand the medical science behind it. We provide
them with protective equipment that they are able to use, and
most are using that. We'll continue to lean forward on that.
During briefing or any discussion about coronavirus and how the
Department's responding, my first or second question is always
about the men and women of the Department and how they are
protected in doing their job every day. As you show up to work
every day, you expect to be protected.
Senator Capito. Right.
Mr. Wolf. And we need to make sure that we do that for
our--
CORONAVIRUS: PROVIDING INFORMATION TO PUBLIC
Senator Capito. Thank you.
And I would say, to Senator Shaheen's point, if you leave a
gap of transparency of what's going on and what--how it's
transmitted, how many people--it's getting filled on Twitter
and all these other things, and you get the
sensationalization--like, I read something this morning that
said somebody was infected after 24 days of--a 24-day
incubation period. I have no idea if that's true, or not. And
so, if you're keeping people for 14 days, it doesn't matter, if
it's 24 days.
Mr. Wolf. Right.
Senator Capito. So, I really think, when you get back to
your task force in the morning, that this is something people
are starting to get really, really concerned about this, as you
know.
Mr. Wolf. Yes. I Understand.
Senator Capito. So, this concludes our hearing.
Acting Secretary Wolf, really appreciate you and all the
men and women in your Department. And thank you for
representing them so well today.
The hearing record will remain open for 2 weeks from today.
Senators may submit written questions for the record, and we
ask that the Department respond to them within a reasonable
amount of time. If you need some help with clarifications on
the questions, I'm sure either relative Senators will provide
it or we'd be able to help provide it in the Chairman's office.
Mr. Wolf. Okay.
SUBCOMMITTEE RECESS
Senator Capito. So, with that, we stand in recess.
[Whereupon, at 11:34 a.m., Tuesday, Feburary 25, the
subcommittee was recessed, to reconvene subject to the call of
the Chair.]
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS FOR FISCAL YEAR 2021
----------
TUESDAY, MARCH 3, 2020
U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.
The subcommittee met, at 10:00 a.m., in Room SD-138,
Dirksen Senate Office Building, Hon. Shelley Moore Capito
(chairman) presiding.
Present: Senators Capito, Hoeven, Kennedy, Lankford,
Tester, and Shaheen.
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
STATEMENT OF HON. DAVID PEKOSKE, ADMINISTRATOR,
TRANSPORTATION SECURITY ADMINISTRATION
OPENING STATEMENT OF SENATOR SHELLEY MOORE CAPITO
Senator Capito. I call this hearing of the subcommittee on
Homeland Security to order. This is the subcommittee's second
hearing of the fiscal year 2021 budget cycle and we are pleased
to be joined by the Administrator of the Transportation
Security Administration (TSA), David Pekoske, welcome.
Administrator Pekoske was confirmed by the Senate as the
seventh TSA Administrator in August of 2017.
Prior to joining TSA, Mr. Pekoske served as the 26th Vice
Commander of the United States Coast Guard. He has demonstrated
expertise in counterterrorism, crisis management, strategic
planning initiatives skills that are very useful as he served
as the Acting Deputy Secretary of Homeland Security for several
months last year, and thank you for that service. He has
received numerous awards for his years of service, including
the Homeland Security Distinguished Service Medal, Coast Guard
Distinguished Service Medal, and the Meritorious Service Medal.
I am glad to be joined today by the Ranking Member Senator
Tester.
Senator Tester and I have been working together to consider
the fiscal year 2021 budget request and we look forward to the
insight from Administrator Pekoske today. I would like to
mention there is a lot going on and so we will probably have
members floating in and out throughout the hearing. The
Transportation Security Administration has proven to be one of
the most crucial components to the Department of Homeland
Security's mission of safeguarding our people, homeland, and
values from current and emerging threats, both domestically and
internationally.
I would like to say, Administrator Pekoske, that the men
and women of the TSA are a source of great pride for all of us
in this country. They work to keep us safe at our airports
under stressful conditions when lines develop they try to ease
that anxiety that comes along sometimes with the traveler, but
also realizing, and I am going to mention this as well, with
the onset of a different type of duty with the coronavirus
issues. We certainly appreciate those that are helping to try
to contain and also find innovative ways to meet that
challenge. Since its inception in 2001, TSA could be considered
the face of the Department, interacting with more than 2
million passengers every day through screening checkpoints
across the Nation.
There is probably no component of the agency that I
interact with more as I fly back and forth from West Virginia,
and I want to thank my TSA West Virginia folks. They always
greet me with a smile no matter if I am grouchy and it is five
o'clock in the morning. As passenger volume continues to
increase each morning with TSA breaking records for passengers
screen that were just set the previous year, we want to ensure
that you have the proper resources to sustain your current
operational capacity.
As more passengers are flying, TSA continually faces new
challenges, including keeping their workforce and the traveling
public safe in the face of the coronavirus. We will learn more
about what TSA is doing to meet that challenge today. The
budget again proposes to increase the passenger fee to generate
$618 million in revenue for TSA. A proposal that was rejected
by Congress in our seven previous budget requests.
The assumption that Congress would reverse its previous
decisions and accept the fee increase proposal without proper
authorization from the appropriate House and Senate committee
undermines Congressional intent. The assumption also presents a
budget request that is not founded in reality, but it creates a
$618 million hole that we have the responsibility to fill.
Additionally, the budget request eliminates the Law
Enforcement Officer Reimbursement Program that is important for
particularly our more rural airports that have revenue
challenges, and staffing at exit lanes. These two have been
proposed in previous budget request and subsequently rejected
by the Congress. I hope you enlighten my fellow colleagues and
me by explaining your rationale for including these proposals
once again in the fiscal year 2021 request, and whether or not
cutting these programs has any merit.
I have heard from several West Virginian airports, as I
mentioned in particular about the Law Enforcement Officer
Reimbursement Program. A particular note, the budget request
significantly reduces the procurement of computer CT machines,
Computed Tomography machines, by 90 percent from what we funded
in 2020. And when I went out and visited, you showed me the
technology.
This committee has been told that these machines are vital
in guaranteeing our aviation security and your proposal to
slash the procurement of these machines is one we will need to
discuss as well. I am encouraged by the budget request to
reform the pay scale incentives for the hard-working men and
women of the organization, but I am concerned with the budget
suggestion to delay hiring in the coming fiscal year as a
mechanism to cut costs. I have been enlightened by my
discussions with TSA leadership about your workforce challenges
and opportunities.
As we approach a predicted record-breaking year of
passenger volume, I want to make sure that this budget proposal
will not hinder TSA's operational capacity at our Nation's
airports. I look forward to hearing more about how you ensure
efficiency while maintaining your security posture. While most
think of transportation officers at screening checkpoints in
airports, when they think of TSA, like my friends I mentioned
at the Yeager airport. I want to note that TSA's mission spans
to multimodal security effort, including roads, railroads,
bridges, tunnels, and ports.
We want to make sure that you have the proper resources to
carry out all of TSA's missions, including those that are
lesser-known. I am very concerned, and we just spoke about, the
looming deadline for the Real ID compliance. On October 1 of
this year, a mere 8 months from now, all adult passengers must
present a Real ID compliant driver's license in order to pass
through--or I guess you can also present a passport--to pass
through TSA checkpoint was some noticed exceptions. Yet as of
right now only one-third of all licenses in use are Real ID
compliant.
I look forward to hearing from the Administrator about
TSA's efforts to ensure that the traveling public is aware of
this requirement and to hear about contingency plans in case
significant gains are not seen in the Real ID compliance.
Administrator Pekoske, thank you for appearing for us today.
Please keep us updated on what you need to continue your
critical mission. I have enjoyed our conversations in my visits
to your facilities to meet your dedicated workforce, and I look
forward to doing so.
I will now turn to our distinguished Ranking Member Senator
Tester for any opening remarks that he may have before hearing
from our witness.
STATEMENT OF SENATOR JON TESTER
Senator Tester. Well, thank you, Chairman Capito, and I
want to preach express my appreciation for holding this hearing
today. And I want to thank you, Administrative Pekoske, for
being here today to discuss the fiscal year 2021 budget for the
TSA. First though, especially with the gentleman sitting behind
you, I want to acknowledge your workforce.
Whenever I am traveling back and forth, the transportation
security officers are hard-working, dedicated individuals. They
don't make a lot of money and they don't have the best hours
but they are always courteous and professional. So I want to
thank them for their dedication and keeping us safe. It is no
small feat and it speaks well to the organization to be able to
do the job that they do every day and do it pretty darn well.
The fiscal year 2021 budget requests about $7.6 billion in
discretionary funding for TSA, $182 million below fiscal year
2020 enacted level.
And now, I will tell you it is essential that TSA has the
resources it needs to fulfill its important security mission. I
hope that our discussion today will take a detailed look at
funding the TSA and what they need to stay ahead of
transportation threats. At the top of my mind is the recent
hiring freeze TSA put in place and the impacts this decision
could have on the traveling public. Now, I am going to tell you
something and I have said this before, I am just a dirt farmer,
okay, but I am a dirt farmer that flies four legs a week. And
we have got a lot of my neighbors that fly every year. If I am
a bad guy and we don't have top-notch security technology, it
looks like a soft spot, okay. And I know you don't want it to
be that way. I certainly don't want it to be that way but
aviation does remain a top threat for terrorists.
Protecting us against that threat, TSA secures 965 million
domestic and international aviation passengers every year, and
experts expect passenger volumes going to continue to grow and
it will. The traveling public needs to be reassured that the
TSA is capable of deterring, detecting, and disrupting any
security threat without creating long wait times and security
points. In order for that to happen, TSA needs sufficient staff
and the best screening equipment. 21st century threats require
21st century solutions, which is why this subcommittee has
supported investments in new technology to enhance TSA's
screening capability and passenger throughput.
I am concerned that the fiscal year 2021 budget only
request funding for 30 new CT units, despite a total
requirement of 2,218. We should be building on the progress
from previous years and the meaningful way so that cutting edge
technologies can be deployed in the field faster. While it is
important to have the most advanced screening technology at
airports, the men and women that wear the TSA uniform are your
agency's greatest asset. When security checkpoints are
adequately staffed, the traveler's experience is more enjoyable
and the entire aviation apparatus is more secure. TSA needs to
keep pace with hiring in order to process a growing volume, so
I am interested to hear how TSA plans to support a robust
workforce.
Further, as more information surfaces, it is clear that the
coronavirus presents a substantial challenge to ensure secure
international and domestic trade and travel. While there are
still plenty of uncertainty surrounding the virus, TSA must be
prepared to work with industry and Government stakeholders to
secure our ports of entry. It is also important to ensure the
frontline TSA officers have the proper equipment and training
to protect themselves on the job.
Finally, I would like to bring up the budget proposal to
eliminate viper teams and Law Enforcement Officer Reimbursement
Program. These are short-sighted cuts. These are good programs
geared toward keeping the traveling public safe. In the end,
David, I want to thank you for your work. I want to thank you
for your leadership not only in this capacity, but in previous
ones.
We have got a lot of work on this budget to make this thing
work though. And as I pointed out to folks who come into my
office every day, President's budget adds another $1 trillion
to the debt and yet does not fund TSA to the level it needs to
be funded at. We got a lot of work to do. I appreciate your
expertise and leadership.
Senator Capito. Thank you, Senator Tester and now we will
go to our guest. You have five--well, and then we will allow
each Senator in order of their arrival five minutes for any
statements or questions that they may have. So, Administrator
Pekoske.
SUMMARY STATEMENT OF HON. DAVID PEKOSKE
Mr. Pekoske. Thank you. Chairman Capito, Ranking Member
Tester, and distinguished members of the subcommittee. I
appreciate the opportunity to appear before you this morning to
discuss the President's fiscal year 2021 budget request for
TSA.
I thank all of you and your staffs for the long standing
strong support of aviation and surface transportation security.
It is a privilege to lead the more than 64,000 men and women
who perform our critical mission with excellence every day.
This includes our screening workforce, the largest and most
visible part of TSA, as well as others on the front line that
include our Federal Air Marshals, our canine teams, our
inspectors both domestic and international, air and surface
including air cargo, our vetting staffs, and my representatives
at embassies around the world. They are all enabled by
outstanding support, policy, and legal staff throughout the
agency.
The President's request provides important new support to
our screening workforce. This includes, for the first time
ever, funding for service or longevity pay. The budget provides
for annual increases of up to 2 percent per year to recognize
experience and years of service. It also includes the next
phase of incentives to encourage and recognize career
progression by providing a 3 percent pay raise for those who
acquire advanced alarm resolution skills. I ask for your
support of these critical pay initiatives for our
transportation security officers. As both of you noted, it is
very important that we continue to refresh the technology at
our screening checkpoints in the nearly 440 Federalized
airports across the country. We need to put the best technology
in the hands of our outstanding people.
Thank you for your support of two key ongoing programs. The
budget continues deployment of the Computed Tomography (CT) X-
ray and the Credential Authentication Technology (CAT) at our
checkpoints. First with CT, we are in the process of fielding
the initial 300 machines funded by the Congress.
This technology represents a significant improvement in our
ability to detect prohibited items in carry-on baggage and
eliminates the requirement for passengers to remove electronics
from their bags. As many of you have witnessed, it provides
greatly improved imaging for our officers. This will have a
significant positive impact on checkpoint effectiveness.
The fiscal year 2021 request continues the CT program as we
work towards the next contract and will include integrated
automated screening lanes. The Credential Authentication
Technology improves our ability to validate the authenticity of
driver's licenses, passports, and other forms of acceptable ID
presented by passengers. In addition, it provides near real-
time data from our secure flight system that will ensure
passengers receive the appropriate level of screening. This CAT
technology is better and faster than the manual validation
process it replaces, and it complements the enforcement of the
Real ID Act pertaining to air travel schedules to begin after
October 1st of this year, roughly 7 months from now. Real ID is
critical for security, improving the reliability and accuracy
of State-issued driver's licenses. This prevents and deters
terrorists' ability to use fraudulent documents.
Thank you for your support of both of these critical
acquisitions. The fiscal year 2021 budget also request funds to
begin the acquisition process for new on-person anomaly
detection technology and for new alarm resolution technologies.
Once complete, our checkpoints will be much more effective and
efficient, and our officers will have better tools to screen
passengers. Finally, with respect to check point operations, I
am pleased to announce that our TSA PreCheck enrollments just
crossed the 10 million passenger threshold. This is a key
milestone that exceeds a legal requirement to have 10 million
passengers enrolled by October 1st of 2020.
I know you have questions on coronavirus. Supporting the
President's task force to protect the United States from
coronavirus has been a top priority for everyone. We have used
the authority provided by Congress in the Aviation and
Transportation Security Act to issue a series of directives
that limit who may board commercial aircraft destined for the
United States. Carriers have been denying boarding to foreign
nationals, other than immediate family of U.S. citizens and
permanent residents, who have either have been in China or as
of yesterday in Iran within 14 days of travel, and transporting
all U.S. citizens who have been in either China or Iran within
14 days of travel through one of 11 airports where they undergo
medical screening.
My entire leadership team has worked tirelessly to ensure
our workforce is protected and we have followed the guidance
provided by the Centers for Disease Control and OSHA. Both the
Department and TSA have extensively messaged the workforce to
ensure that everyone has the latest information.
Let me close by thanking you for your strong support of the
men and women who serve their country in TSA. I very much
appreciate the comments by both the chairman and the ranking
member with respect to the TSA workforce. I am incredibly proud
of every single man and woman who works for this agency and
their service to our country, and I look forward to your
questions this morning. Thank you.
[The statement follows:]
Prepared Statement of Hon. David P. Pekoske
Good morning Chairman Capito, Ranking Member Tester, and
distinguished members of the subcommittee. Thank you for inviting me to
testify on the President's FY 2021 Budget Request, which includes an
$8.24 billion request for the Transportation Security Administration
(TSA). I am honored to be here and grateful for the longstanding and
constructive relationship that TSA enjoys with this subcommittee.
TSA was established by the Aviation and Transportation Security Act
(ATSA) in the wake of the September 11th attacks. The world has changed
since then, but our fundamental mission, to protect the nation's
transportation systems to ensure freedom of movement for people and
commerce, has not. While we remain steadfast in providing the highest
level of security for the U.S. across all modes of transportation, the
scope and complexity of that goal has increased over the last two
decades. Today, the U.S. transportation systems accommodate
approximately 965 million domestic and international aviation
passengers per year; over 5.3 billion passengers traveling on both
transit and over-the-road buses each year; more than 10.1 billion
passenger trips on mass transit per year; 26 million students daily on
school buses; and nearly 900,000 chemical shipments every day on
trucks. Our interconnected transportation system and infrastructure
includes approximately 440 federalized airports; 126,000 miles of
railroad tracks; 4.2 million miles of highway; 615,000 highway bridges;
473 road tunnels; and 2.5 million miles of pipeline.
Since TSA's creation, the modes and methods of terrorist attacks
have become more decentralized and opportunistic than ever before.
Aviation and transport hubs, however, remain highly-valued targets. Our
adversaries are watching us, studying our vulnerabilities, and working
hard to formulate new attack strategies to replace those that have
failed. The daily threat environment TSA faces in the aviation,
surface, and cyber security realms is persistent, pervasive, and
constantly evolving. To meet the challenge created by such adversaries,
we must innovate, deploy new solutions rapidly and effectively, and
maximize the impact of our resources.
Our continuing vision is to be an agile security agency, embodied
by a professional workforce that engages its partners and the American
people to outmatch a dynamic threat. To that end, in April 2018, I
issued the 2018-2026 TSA Strategy, which established three strategic
priorities to guide the agency's workforce through its 25th
Anniversary: Improve Security and Safeguard the Transportation System;
Accelerate Action; and Commit to Our People. I subsequently published
my Administrator's Intent delineating short and medium-term objectives
for the first three years to achieve those priorities.
Further empowering TSA to execute its mission, serve as a global
leader in transportation, and become an employer of choice, the TSA
Modernization Act of 2018, the agency's first comprehensive
reauthorization since inception, was enacted in October 2018. The TSA
Modernization Act authorized funding for Fiscal Years 2019, 2020, and
2021; enhanced organizational structures, operations, and processes;
and established a five-year term for the Administrator--a critically
important factor for ensuring organizational stability and setting and
achieving longer term agency goals.
As I come before you today, slightly more than halfway through my
term as Administrator and at a point where we are developing the next
version of the Administrator's Intent, I want to thank Congress for the
authorities provided to TSA through the TSA Modernization Act.
Currently, TSA has completed more than 80 percent of the Act's
requirements with deadlines and I want to express my gratitude for the
previous appropriations provided to TSA that have enabled us to execute
our mission and make significant progress on a number of strategic
priorities. Additionally, I want to use this opportunity to convey both
what we have accomplished and our future goals and objectives. In FY
2019, we--
--Screened approximately 839 million aviation passengers (with a peak
volume of 2.8 million passengers in one day), representing a
4.3 percent checkpoint volume increase from FY 2018;
--Screened 1.9 billion carry-on items and more than 510 million
checked bags;
--Procured 300 Computed Tomography (CT) units and began preparation
for the nationwide deployment of CT systems; and
--Conducted 1,693 air carrier inspections at foreign airports, 144
foreign airport assessments, 60 pipeline critical facility
security reviews, 107 assessments of mass transit operator
security enhancements, and 182 assessments of security
enhancements by motor carriers.
The FY 2021 President's Budget continues to support TSA's strategy
to improve security and safeguard the Nation's transportation system,
accelerate action, and reinforce TSA's commitment to its people. It
supports $3.5 billion for our Transportation Security Officers (TSOs)
at the Nation's airports. We thank Congress for the continued support
you've provided for the TSO staffing increases needed to meet passenger
expectations as well as increasing volumes. This investment will allow
us to maintain acceptable wait times, and mitigate risk associated with
crowding at checkpoints.
To complement a well-trained, sufficiently sized workforce, TSA is
also focused on strengthening checkpoint operations through the
development and acquisition of new technology. To this end, we are in
the process of acquiring Computed Tomography (CT) units and Credential
Authentication Technology (CAT) units, which represent significant
technologic enhancements from the equipment currently used for identity
verification and the screening of accessible property, and deploying
them to airports nationwide as quickly as possible. CT technology will
provide superior detection capability, will be more convenient for
passengers, and eventually may eliminate the requirement to take
electronics, liquids, aerosols, and gels out of carry-on bags.
As of February 25, 2020, there are 65 CT units deployed to
checkpoints with another 49 units supporting testing and research and
development. The FY 2021 President's Budget provides $28.9 million to
support the procurement of 30 full-size CT units. The FY 2021 funding
will enable TSA to continue to accelerate the provision of CT
technology to the field to enable our workforce to more effectively and
efficiently execute the mission.
CAT also provides a significant security upgrade to the
identification verification and prescreening process. Ultimately, CAT
will enable Secure Flight screening status to be known and cross-
checked in near real time. In FY 2019, TSA procured 505 CAT units, with
480 units deployed as of February 10, 2020. The FY 2021 President's
Budget includes $2.3 million to finalize the procurement and deployment
of 1,520 CAT units to airports nationwide. The continued rollout of CAT
units to checkpoints will improve TSA's ability to detect fraudulent
documents and screen passengers based on assessed risk. The CAT unit
has also served as a key tool for TSA's efforts to meet the TSA
Modernization Act requirement for TSA Pre lanes to only serve
passengers with Known Traveler Numbers, which will improve the TSA Pre
passenger experience, and serve as a platform for testing voluntary
facial matching technology.
Finally, TSA strives through continued investment to improve the
Advanced Imaging Technology (AIT) being used at our checkpoints today.
The FY 2021 President's Budget provides $5 million to develop Next Gen
AIT systems, and an additional $3 million of funding for research and
development enhancements for Emerging Alarm Resolution technologies.
Our frontline workforce can better execute their security mission
when equipped with the technology needed to counter evolving threats.
While sustained technological improvement at our checkpoints is
critically important, we are also committed to investing in our most
important asset, our people. TSA is pleased that our employees provide
input into the Federal Employee Viewpoint Survey, values their
feedback, and acknowledges the concerns regarding pay dissatisfaction
and low morale expressed through the survey. In an effort to address
these longstanding workforce challenges, I commissioned a Blue-Ribbon
Panel of public and private sector human capital experts last year to
identify problems and recommend solutions. In 2019, we received a
number of recommendations from the panel, including that TSA should
better leverage the authorities and flexibilities provided through ATSA
rather than convert to the General Schedule.
Recently, TSA has addressed locality driven turnover issues through
the use of retention incentives as a short-term fix for retaining TSOs
in particularly competitive markets. Concurrently, we took measures to
create career paths that aligned increased pay to enhanced training and
skills by implementing the TSO Career Progression initiative. Through
the FY 2021 President's Budget, TSA is transitioning away from relying
predominantly on employing retention incentives at specific locations
and instead adopting a more holistic and permanent solution by
investing in career service pay, which will create a more predictable
system for salary increases over a TSO's career. Additionally, the FY
2021 Budget supports the implementation of a second phase of our TSO
Career Progression initiative, a merit based promotion to 7,500 top
performing TSOs.
The FY 2021 President's Budget funds two workforce initiatives and
represents a significant long-term commitment to our workforce that
will help address these concerns. First, the Budget includes $23.6
million for Service Pay to fund predictable, annual pay increases for
TSOs who demonstrate service experience. The Budget also seeks $11.3
million for the second phase of TSO Career Progression, an investment
that will enable TSA to provide a three percent pay increase to
screeners who demonstrate higher skill levels in checkpoint operations.
Although TSA has the legal authority to implement these workforce
improvements, TSA requires the budgetary resources to provide these
additional workforce improvements to TSOs. We are confident that the
investment in Service Pay and funding of the second phase of the TSO
Career Progression initiative demonstrate how we can employ our ATSA
authorities to make TSA an employer of choice.
Finally, in conjunction with the FY 2021 President's Budget, the
Administration has proposed raising the Aviation Passenger Security
Fee, also known as the September 11th Security Fee, in order to fully
cover the costs of aviation security by FY 2028. The fee was created to
cover the costs of aviation security, but in FY 2020 only covers 39
percent of today's costs. The proposal would increase the fee by one
dollar, from $5.60 to $6.60 per one-way trip in FY 2021 and from $6.60
to $8.25 in FY 2022. This measure would generate $618 million in new
revenue in FY 2021 and close to $28 billion in new revenue over the
next 10 years.
Securing our Nation's transportation system is a complex task and
we cannot do it alone. To achieve the priorities reflected within the
FY 2021 President's Budget, we will continue to engage with industry
and stakeholders, invest resources in our employees, and encourage the
public to be part of the solution. Finally, through constructive
oversight and dialogue, we seek to partner with Congress as we work to
secure all modes of transportation.
Chairman Capito, Ranking Member Tester, and members of the
Subcommittee, thank you for the opportunity to testify before you
today. I look forward to your questions.
COVID-19 SCREENING: TRANSPORATION SECURITY ADMINISTRATION'S ROLE
Senator Capito. Thank you. I will kick it off here. Let's
talk a little more in depth on the coronavirus. You mentioned
in your statement that you are working together in a
coordinated fashion with other entities that are trying to
maintain the safety and well-being of so many citizens. And we
are probably one of the most traveled countries, I am sure,
around the globe.
I guess, the first question I would ask is, when somebody
is screened coming in, explain how that occurs. You mentioned
to me earlier that it occurs actually at the airport of origin
and not as that person is flying into the United States. Does
TSA have a role there and what is your role?
Mr. Pekoske. We do, Madam Chair. A couple things to answer
that question. First and foremost, TSA through its security
directives and emergency amendments provide requirements to
carriers at all of the last known departure airports to the
United States.
So this is 280 airports throughout the world, not just
airports in China. And essentially, what we asked the carriers
to do is ask a series of questions of every passenger as they
are boarding, and they also have the option of checking the
passenger's passport to ensure there has been no travel to
China, for example, or now Iran, for the last 14 days.
Senator Capito. And there are two countries that are going
to be added to that, correct?
Mr. Pekoske. There will be additional countries, I am sure,
as we continue to work with the task force, and I think those
announcements will be relatively soon. So there is screening
that is done by the carriers at the gate in last point of
departure airports throughout the world. And then there is
additional screening done by the passengers when they come into
the United States across the U.S. border.
With respect to non-U.S. citizens, if you have been in
China or Iran currently in the last 14 days, you cannot travel
to the United States until 14 days has elapsed and you don't
present symptoms of disease. But for U.S. citizens, you are
allowed to return to the United States, but we, what we call
funnel, those passengers through 11 airports around the
country. And at those 11 airports, the Centers for Disease
Control does medical screening for the passengers as they
present themselves at the border.
Senator Capito. Do you feel you have the resources and
capabilities to complete this mission at this point?
Mr. Pekoske. I do feel we have the resources and the
capability. This really has not impacted our domestic screening
operations to date, and we have adequate equipment for our
officers, because as you know, our officers wear gloves as a
matter, of course, anyway. That is part of our requirement.
That is the primary means of transmission for the disease. We
have also authorized our officers in the screening checkpoints
if they would like to wear a surgical mask, they are permitted
to do that, and we provide those masks.
Senator Capito. Do you have any idea how many people have
been denied entrance, non-citizens? Is that a large number?
Mr. Pekoske. It is not a large number, and then of course
an even smaller number that present at the border and then are
referred for further medical screening or quarantine.
REAL ID
Senator Capito. Let's talk about the Real ID. I am really
concerned about this compliance. We all see the little sign
that says by October first. You have to have the real ID,
compliant ID. I told you earlier today that I did not realize
that my driver's license is not compliant although I thought
that it was, and it has to have a gold star in the right hand
corner, which I checked a couple of times.
This to me could really present to be a major nightmare for
TSA. So, how do you suggest or how are you moving forward to
making sure, and what are you doing with the States to make
sure that people know that this is--your life is going to
change. And so I would like to hear your explanation.
Mr. Pekoske. Thanks for the question, Chairman. And we have
done messaging for literally years on Real ID compliance. But
what we find is that when we post messages at the screening
checkpoints, people will generally just walk by them. They
don't stop to read those messages. So that has not been the
most effective means, and of course we put all messaging on our
website, but you have to go to the TSA website to receive it.
What we did recently beginning last August was we asked our
officers, if a passenger presented him or herself at the
screening checkpoint, provided their driver's license and the
officer noticed that that was not a Real ID driver's license,
which is very easy to figure out because like you said it has
got that gold star in the upper right hand corner, the officer
would say to the passenger, this license is fine for today's
travel and it is fine for travel all the way up through 1st of
October, but you will need to have a Real ID driver's license
on the 1st of October of 2020.
The other thing that we remind passengers of, and our
messaging is very robust on this, is that there are other forms
of acceptable ID in addition to a driver's license. For
example, a passport is an acceptable form of ID. If you are a
member of the military, military CAT card is an acceptable form
of ID. If you are a global entry trusted traveler enrollee and
you have a card for global entry that is an acceptable form of
ID. We just need to remind people to remember to bring those
other acceptable forms of ID, if they have them, to the
checkpoint.
Final thing, chairman, that we are doing is we are working
through the carriers, and the carriers have been terrific in
helping us out with this, to post on their websites as a
passenger is making a reservation, hey, just remember that as
of October, if you are making a reservation after October, you
need to have a Real ID driver's license.
And then, we will also ask them in the check-in process, as
we get closer to October 1st, as a passenger goes to check in,
that they provide that additional information so the passengers
that don't have them either bring something else that can get
them through the screen checkpoint or change their travel
plans.
Senator Capito. Well, we want to work with you to be able
to get--I just said I am envisioning, you know, people have a
tendency to put everything off. They wait till the last minute.
You got to get four or five different types of ID to go in and
get your Real ID. So we want to be helpful however we can. And
so I will turn now to Senator Shaheen.
Senator Shaheen. Thank you. Administrator Pekoske, I
appreciate the work that TSA is doing on this but I share the
concern from Senator Capito that there are a lot of people who
have no idea that this is an issue and I didn't hear your
response to her question of do you think we will be ready by
October the 1st?
Mr. Pekoske. Yes, Senator Shaheen. You know, I am very
concerned about this as well. I mean TSA is going to be the
agency front and center when Real ID implementation occurs on
October 1st. We are looking at everything we can do to minimize
and mitigate the impact on travel because the last thing we
want are more people standing in line at a screening checkpoint
and they might learn that they won't be able to make their
flight or even travel that day.
We are working very closely with the airports to find
whatever means we can use to separate off the people that don't
have an acceptable form of ID and handle those passengers
different than everyone else who does have an acceptable form
of ID. Because one of my concerns is, you know, I try to avoid
creating large public gatherings of passengers lined up at the
screening checkpoint. That is a security vulnerability.
So we will do everything we possibly can to mitigate this,
but the reality is that it is a legal requirement that as of
the deadline, if you don't have--if all you are presenting is a
driver's license and it is not Real ID compliant, that is not
acceptable.
COVID-19: RESOURCES
Senator Shaheen. Well, I certainly understand that. I just
flew this weekend with my daughter who was not told by the
screening agent that her driver's license was not Real ID
compliant. So I would urge you to encourage all of your
screening agents to actually do that when they see people.
I want to go back to the question about the coronavirus,
because I understood you to say that you have the resources
that you need. Does that mean that TSA personnel have all the
necessary training and personal protective equipment to respond
to a traveler who may have been exposed to the coronavirus?
Mr. Pekoske. Yes, ma'am. We have all the necessary personal
protective equipment available that we think is needed given
what we see today.
Senator Shaheen. And do they have the training? They know
how to respond?
Mr. Pekoske. Yes, ma'am. And we message this. In fact, I
just sent a message out to the entire workforce again this
morning on this topic. And just the things that we have all
seen in the media of washing your hands frequently. We provide
hand sanitizer at the checkpoints. We recommend that they
change their gloves more often than they have in the past. And
that they try to keep some distance from passengers because we
have that option in the screening checkpoint.
So, you know, I think we have got the number of people that
we need because this really has not impacted our screening
operations to date, and we will have contingency plans in place
should we have a lot of call-outs. For example, of people that
call in sick that are working for TSA. But I also think at the
same time we will probably see lower passenger volumes as well.
Senator Shaheen. And so, I talked to somebody who came in
from Italy just in the last week who was not screened for
temperature at the airport here in the United States, they were
screened in Europe. Is there a reason for that?
Mr. Pekoske. The CDC, as of a couple days ago, had not
recommended additional measures for either Italy or South
Korea, the two countries that have a good number of cases right
now and two countries that have been very, very forward leaning
on this issue. I expect that in the not-too-distant future we
will look at some measures for any country that, that seems to
present more of a risk for Americans.
FISCAL YEAR 2021 BUDGET REQUEST UNFUNDED ITEMS
Senator Shaheen. The President's budget request eliminates
the Visible Intermodal Prevention and Response (VIPR) teams,
which is the main way that TSA conducts operations with local
law enforcement for rail and bus safety. Can you speak to why
that budget request was eliminated when we have approximately
76,000 buses that carry 19 million passengers each weekday in
the United States, and that doesn't address the transit and
rail security?
Mr. Pekoske. The reason that and the Law Enforcement
Officer Reimbursement Program (LEO) and the exit lane staffing
were not included in the budget again was just simply due to
affordability reasons. TSA has a top-line budget that we need
to live within and we need to make very difficult trade-offs in
living with that top line.
With respect to VIPR and Law Enforcement Reimbursement
these are very valuable programs for us, make no mistake about
it. I appreciate your comments on the VIPR teams. They provide
very important security augmentation in both the surface modes
and in the airports. And as I look at airports with our
increasing concern about the insider threat, VIPR teams will be
even more valuable going forward. So it is no reflection
whatsoever on the value of those security measures, it is
simply an affordability issue.
Senator Shaheen. And so is the assumption that Congress
will put the money back in because we understand how important
it is and then therefore the Administration can have the money
shown to be used for something else?
Mr. Pekoske. My commitment to every member on the
subcommittee is I will provide you whatever information you
need to make your own determination as to whether or not that
particular program should continue to be funded. I think we
have a very good track record in TSA of being very responsive
to any requests from members or staffs.
Senator Shaheen. So would you like for us to put the money
back in?
Mr. Pekoske. I think the capability that are provided by
VIPR is very important. And another thing I would add to this
discussion is that, you know, VIPRs are staffed by Federal Air
Marshals. One of the things that I am trying to do is to ensure
that we have enough ground based assignments for Federal Air
Marshals so that they aren't flying constantly for 10 or 11
years because that is just not a good use of a resource. So
there is a lot of utility to the VIPR program.
Senator Shaheen. I take that as a, yes. Thank you. Madam
Chair.
Senator Capito. Senator Kennedy.
Senator Tester. Your questions are much more enjoyable than
mine.
[Laughter.]
AIRPORT STAFFING
Senator Kennedy. I am on my best behavior today. Mr.
Administrator, we all fly a lot and I guess we have different
experiences, of course we do, but I will say that not every
time but about two out of three times that I go to the airport,
the TSA person checks me and reminds me about the change in the
ID.
And in fact, that is how I got to learn about it. I
remember reading it about it several years ago, and I remember
thinking what idiot came up with this idea that we all have to
get new identification. I am sure it sounded like a good idea
to somebody at the time.
We have a lot of large airports for which we are grateful,
but in my State we have a lot of small airports, and some of my
people have pointed out to me that when they on occasion go to
our smaller airports, having already paid for PreCheck, they
like to get there early to get settled in, and there is no one
from TSA checking people in. They have shifts, and when they
are not busy, they just don't have a shift. Have you had--do
you have concerns about that? Have you heard complaints about
that?
Mr. Pekoske. Senator Kennedy, at smaller airports, yes, we
do use a lot of shift work, but that shift work is designed to
ensure that the screening checkpoint is open well in advance of
when any flight departures occur. So if there is a specific
issue, I would be most happy to address that.
Senator Kennedy. We will get in touch with you. We have had
some situations where a lot of my people like to get to the
airport early and get settled in, and they get there in a
smaller airport and there is nobody working and they have to
wait till somebody comes on duty.
When I get off a plane and I am exiting the airport, I go
through the exit lane and there is generally a police officer
there saying, you know, to make sure that people don't try to
sneak in which of course is important. Are you familiar with
the LEO program?
Mr. Pekoske. Yes, sir.
FISCAL YEAR 2021 BUDGET REQUEST UNFUNDED ITEMS
Senator Kennedy. I realized that the last time Congress
adopted a President proposed budget was never, but I am curious
as to why you are recommending a cut in the LEO program.
Mr. Pekoske. Yes, sir. The reason for the recommendation
again has no reflection whatsoever on the LEOs. They are very
good partners of ours. We rely on them heavily. The airport
security programs, which is a program that we require the
airports to comply with, always contain a provision that
requires law enforcement presence within a certain number of
minutes at the screening checkpoint.
So it is a regulatory requirement that law enforcement
officers be present. We have overtime reimbursed law
enforcement agencies because we recognize that their budgets
are difficult as well. But the reason why this always appears
in the budget as a reduction is because there is a regulatory
requirement so there is no requirement to reimburse.
And the thought is that over time, those law enforcement
agencies can budget and then basically move themselves off of
the requirement for reimbursement. But I do recognize the
significant value that they provide to us and the partnerships
are very, very strong.
Senator Kennedy. Well, if the LEO program were
substantially reduced or went away, and we have to have the
security, who would pay for it, the airport, or the law
enforcement agency would have to eat it?
Mr. Pekoske. Yes, sir. That would be between the law
enforcement agency and the airport. You know, if they could get
into some reimbursable arrangement with the airport, for
argument's sake that would be between them. We would not be
involved. Our requirement is just that there be a law
enforcement officer present in a certain number of minutes
within the checkpoint for obvious security reasons.
Senator Kennedy. But you don't have any plans to eliminate
the LEO program, do you?
Mr. Pekoske. No, sir.
Senator Kennedy. I yield back, Madam Chair. Thank you.
Senator Capito. Senator Tester.
Senator Tester. Yes, thank you, Madam Chair, and I want to
thank Senator Kennedy for that line of questioning because I
can just follow right on it. So see, there is always a plan. So
there are cuts to the LEO program though, and Administrator,
you talked about the fact that there is a requirement if there
is a problem for people to be there.
So let's put this in a reality form. Local Government,
County Government doesn't have a lot of money. They are not
hiring extra cops just to lay around. In fact, I can't think of
a case in Montana where they don't need more police than they
already have because the need out there is greater.
So if we want to expect them to be able to be there and
come to the aid of a potential problem in an airport, they got
to have people to do that. The point I would make is with these
LEO cuts, there is going to be less opportunity for those local
law enforcement agencies to be able to have the money to be
able to bring people on, because they are not going to bring
them on just for this, to be able to come forth.
So the real question here is this your idea to cut the LEO
program or is this the Office of Management Budget's idea to
cut the LEO program?
Because OMB has cut a lot of things in this budget, not
this budget, all budgets, not just yours, all of them. Crop
insurance is a fine example. Some of you don't know what the
hell is going on and OMB cut that program. Purdue would not
have done that. And so it is the same thing here. I can't
imagine you doing this.
Mr. Pekoske. So, the way we work the budget is every single
agency in the Department Homeland Security, which I know well,
receives a top-line. And every year we get a top-line number
and we just need to make sure that our budget submissions are
within that top line. That requires some very difficult
decisions.
Senator Tester. This budget runs a $1 trillion deficit.
Mr. Pekoske. I know.
Senator Tester. The President's budget runs a $1 trillion
deficit. We have passed budgets were we have more money than
anything I have ever seen since I have been here in the last 12
years, yet we are taking a potential--maybe I just see it
wrong. Maybe flying is no big problem. May be putting those
planes into the Twin Towers is a one-time thing. It is never
going to happen again, but I don't think so.
Mr. Pekoske. Nor do I, sir. You know, I think the risk with
aviation is as great, if not greater than it was on 9/11.
TSA STAFF HIRING
Senator Tester. Than it was 20 years ago, that is right.
So, let me let me peel on to this a little bit deeper. The
Washington Post reported that the TSA has already frozen hiring
and overtime in fiscal year 2020. There is a little cost of
living adjustment that has put us in that situation, and quite
frankly, we haven't allowed enough dollars for the cost of
living adjustment. You combine that with the LEO program, with
the VIPR program. What is the Department doing?
Mr. Pekoske. Yes, sir, with respect to the hiring freeze,
all we are trying to do is manage the funds we have as best we
can, as efficiently as we can. And so what we are not doing is
we haven't stopped recruiting. We haven't stopped issuing offer
letters for people for employment. But we have decided to do is
bring them on at certain points in time so we save the salary
cost in between.
Senator Tester. This looks like a disaster waiting to
happen, and I am not being critical of you. I like you. I think
you are a good guy. But the fact the matter is, have you
thought about doing a reprogramming or transfer to take care of
this problem?
Mr. Pekoske. Yes, sir. Reprogramming of some of my own
funds and then a reprogramming request to our Department.
Senator Tester. And when will we receiving that
notification?
Mr. Pekoske. That is still under review, sir. And I don't
know what the response is going to be from the Department or
from the Office of Management Budget yet, but the request has
been submitted.
SCREENING TECHNOLOGY
Senator Tester. Well, Senator Hoeven is here. He is the
chairman of the Indian Affairs committee and we have this
conversation with the IHS and the BAA all the time. If this is
something that has to be done, you need to fight for it. It is
just really important. I think it is really important. Okay, so
there is a--the best technology for screening passengers and
luggage.
We have supported the new CT machines and you know that,
need more of them. Quite frankly, as I said in my opening
statement, this budget requests 30, we need over 2,200 of them.
How is this going to come to reality over time? Look, we get
briefed all the time about the change in threat. You know more
about change threat than we do. So isn't the best of technology
a pretty absolute necessity?
Mr. Pekoske. Yes, sir. Absolute a necessity as soon as we
can get it on board. And with respect to----
Senator Tester. But don't you have to ask for dollars to
get it on board?
Mr. Pekoske. We do. Yes, sir. And I will explain why that
request is $30 million in just a second. But just to reiterate
that the capability of the CT technology is night and day
compared to the current technology we have and we need to get
to this point. We need to get there as quickly as we can. And
you are right, the numbers are high.
I mean it is, you know, between 21 and 2,400 X-ray machines
throughout our system. We decided last year, we put--we issued
the first contract with the money that you appropriated in
fiscal year 2019 for the initial 300 machines. That contract
was a contract that was on an existing contract vehicle that we
had but we knew that we were going to have to put a new
contract vehicle in place for all the follow-on acquisitions.
This contract vehicle that we are putting in place is a big one
because just take, let's say for argument's sake, you take
2,000, you take 300 off, there are 1,700 machines. That is a
lot of capability, a lot of investment on the part of the
Federal Government, but very, very necessary investment.
What we have done is we have decided that we don't want to
be in the business of taking those roller systems. You know,
those rollers that feed your carry-on bag into the tunnel of
the X-ray and then you pick it up at the end. We want to see an
integrated solution to those because our experience is
government does not do integrated products well.
And so, we are in the process of working with all the
vendors that qualified for the initial acquisition and asking
them in today, or yesterday rather, they should have submitted
what they think their solution is for this combined baggage
handling system and X-ray technology.
And then we are going to go through a testing process.
mostly on the integration because we don't need to retest the
X-ray technology. We will be in a position to issue the request
for proposals for this new very large contract probably mid-
summer of this year. And then we will go through the bid
process and we expect an award probably a year from there
because it is going to take some time to work through that
process.
Senator Tester. And then when would the delivery be?
Mr. Pekoske. The delivery will follow immediately after
that.
Senator Tester. So we are talking 2 years from now.
Mr. Pekoske. Yes, sir. Yes, sir. But in the meantime----
Senator Tester. And you are comfortable that?
Mr. Pekoske. I wish it could be a lot faster but this----
Senator Tester. Are there ways we could speed it up?
Mr. Pekoske. I am working every single angle I can.
Senator Tester. Well, the point is that we are here to help
you speed it up. If you give us ideas on how to speed it up, I
think you would get bipartisan support for that.
Mr. Pekoske. Will do. Thank you.
Senator Capito. Senator Hoeven.
REAL ID
Senator Hoeven. Thank you, Madam Chairman. I appreciate it.
So I went and got my Real ID here last week and am pleased to
say the State of North Dakota is on top of it, doing an
outstanding job. And the process was really good when I went
and the challenge is ahead of time getting roughly four
different types of ID you need. You know, I am guessing
everybody's got some of them, but between myself and my wife,
we didn't have all of them. Our social security cards, you
know, we lost track of them like 40, 50 years ago.
So we had to go get those. But the point is a lot of folks
are going to show up October 1st to see your front line people
at TSA, who are doing a fine job and we appreciate them a lot,
and what are you going to do? Because I mean our State is
promoting it. I know the other States are promoting it.
I think you are trying to get the word out, but you are
still going to have a lot of people show up October 1st who are
going to want to get on a plane and you are going to tell them
no, you don't have a Real ID compliant driver's license. And
they are going to go, oh, I know and I am sure going to go get
it, but golly, we got to go see my grandma or you name it. What
is your contingency plan?
Mr. Pekoske. A couple of things. First, on the processing
part. When the regulation was first issued back I believe in
2008, a lot of the electronic forms of submission of documents
did not exist. And so we worked with the State DMVs who have
been very, very good partners for us in this process and we
asked for their input as to things we could do to make the
document process more electronic.
They came out with some very good recommendations and now
we are working through the regulatory process to change that.
So the process for people should be easier going forward.
Senator Hoeven. That is good because particularly for young
people, they do everything electronic now. That is important.
Mr. Pekoske. Exactly. And plus you are not carrying a bunch
of documents with you, leaving them behind, things like that. I
mean, it is just better overall. So that process should be in
place sometime in the not-too-distant future. I don't have a
date for that yet. With respect to people showing up at the
screening checkpoint, one of the things that is really
important to me is what you all pay me to do, is to ensure
security in our system.
And so we will not compromise security in any way, shape,
or form with passengers who show up at our screening
checkpoints with an ID that we can no longer by law accept as
of the deadline date. We just can't since it would be against
the law to do that. And so we are going to have to have an
enhanced screening process because that is what we do. Our
standard operating procedure calls for, if a passenger shows
up--and it happens every day, passengers show up that they lost
their driver's license, misplaced it. We have a process to get
them through screening but it is lengthy.
And so what will happen without a doubt, even if there are
just several hundred people which is an under estimate of what
we think is going to occur in any individual airport, it is
going to take those individuals a long time to get through our
process. And there really is no way around it because when we
do screening for people without the acceptable forms of ID,
that is full bag search and that is a full on body pat-down.
That takes a lot longer than having your bag go through the
machine and having us look for specific anomalies in that bag
or walking through a metal detector and not alarming it.
Senator Hoeven. Is that going to hold up the person with
the Real ID and then they are going to miss their flight?
Mr. Pekoske. We are working every way we can to make sure
that doesn't happen.
Senator Hoeven. I think you are going to have to have--
look, it is going to happen. And your folks on the front line
are doing a fine job. They are going to be confronted with some
real challenges. I think you better have a clear plan and
really lay it out and we are going to have to know exactly how
it is going to work, because I guarantee people are going to
show up and you are going to have this issue. And I am saying,
yeah, we need to get the word out. Let's do more of that. You
still have to have a contingency plan.
Mr. Pekoske. Yes, sir.
Senator Hoeven. If I were a frontline worker sitting there,
I would want to know there is a contingency plan and I would
want to know what it is because I am going to be facing a lot
of folks that are going to get pretty angry if they can't get
on that plane because they just have to go.
Mr. Pekoske. Right. And I am going to be front and center
on that issue if it happens at airports around the country. I
am keenly aware of that and we will do everything we can to
mitigate the impact but there will be an impact.
Senator Hoeven. And I think, you know, we will help however
we can and States will help. But this is something--it has to
be both the communication but then you have to have a plan that
day because you will have to handle those people, and we need
to know what that is.
Mr. Pekoske. Yes, sir. But I would just add that no matter
what we do, because we have limited capability of screen
checkpoints as you know. I mean some checkpoints only have a
fixed number of lanes, no matter what we do, for people that
don't have a Real ID driver's license, it will take longer. And
it could take a lot longer. And as you pointed out, even for
passengers that have the Real ID or have a passport, there will
be some time impact to them, but we will try to minimize that
as much as we can.
SCREENING TECHNOLOGY
Senator Hoeven. I had one other question. Madam Chairman,
do you want me to wait? I have one more. The other question
follows up on something that the ranking member brought up. We
have some really fantastic rural States represented here like
North Dakota and Montana and West Virginia and Louisiana and
even Oklahoma. And, what are you going to do to get those--can
you talk about those scanners, you talked about those CAT
scanners, out.
And Senator Tester is right. I mean, we need those things
out there. You need a lot more of them. How about some more--
what are you going to do in a rural airports, right? Because we
know you are going to give me the urban airports, but we got a
lot of rural airports out there that we are worried about. What
is the plan?
Mr. Pekoske. Yes, sir. We planned even in our initial 300
buy, to make sure that we spread the distribution across all
sizes of airports, because as you point out, every single--
there is no airport that is less important than another one.
Because as a passenger, if you get through security, you are in
the entire system. And so I want to make sure that we put the
technology out at rural airports and at the same level that we
do for the larger airports.
Senator Hoeven. Very important point. Well-made. Thank you.
Mr. Pekoske. Thank you.
REAL ID
Senator Capito. Thank you. Before I go to Senator Lankford,
I would just like to ask, Senator Kennedy said whose brilliant
idea was it that we have a Real ID. If you could maybe in 30
seconds say whose brilliant idea that was and when that was
conceived.
Mr. Pekoske. It was the Real ID Act of 2005.
Senator Capito. That would be Congress, yes. Senator
Lankford.
UNMANNED AIRCRAFT SYSTEMS
Senator Lankford. If it is of any help to you, Senator
Kennedy, you weren't here when that passed and so you won't
have to worry about taking that one. So, thanks for being here.
Thanks for the work. All of us go through the process of TSA,
all of us are grateful for the folks that are standing there in
blue doing a great job.
And I would tell you in the airports that I fly out of
Oklahoma City and Tulsa, the most out of those two airports,
and I fly out of Oklahoma City more often than I do out of
Tulsa, it is a remarkable group of folks that are there. And
what they do, the attitude they do it with, the speed and the
efficiency they do it with, are really a tremendous group of
folks. And if you get the opportunity to be able to come to
Oklahoma City and Tulsa and to be able to meet those folks, I
would encourage you to be able to do it and to be able to see
how they are doing it because they are really doing it
extremely well.
And I know they are in a process in our airport, have taken
time to be able to merge several sites and doing what all other
ports are doing right now. They are really doing a remarkable
job. Let me ask you a couple of quick questions on things. TSA
has requested an increase of 28 positions on countering
unmanned aircraft systems (UAS).
Tell me a little bit about what you plan to do with that.
There is obviously authorization that Congress gave you a
couple of sessions ago on it. What is happening and what are
those positions being used for?
Mr. Pekoske. Yes, sir. What has happened since the
congressional authorization is that we have worked through the
interagency process with the National Security Council staff
and have developed a concept of operations for counter UAS
operations in the United States, focused primarily on what we
call the core 30 airports, the 30 largest airports where if
there was a disruption in any of those airports, it would have
a significant cascading effect on the rest of the system in the
United States.
So we have a concept of operations. Part of that concept of
operations was the designation of a lead Federal agency, and
TSA has been designated as that lead Federal agency. So as the
lead Federal agency, we have responsibility for making sure
that con-ops is implemented in a timely fashion. These
resources provide us with additional staff to do airport
vulnerability assessments, for example, because we do a
separate vulnerability assessment for UAS vulnerabilities at
those core 30 airports.
We eventually, Senator Lankford, we want to open that
aperture a bit to get to some still large airports that
wouldn't be part of the core 30. The other part of that request
is to provide us some additional attorneys to be able to
support our counter UAS operation, some additional watch
standers to do it. And then within the Department of Homeland
Security's Science and Technology budget, there is a good
amount of money to do some additional research on the ability
to detect, monitor, and identify UASs in air space.
We have good, strong international partnerships and some
other DHS agencies do counter UAS operations like the Secret
Service and like the Coast Guard. We are trying to take those
best examples to be able to provide to airports what we call a
qualified products list, which is equipment that we have
tested, we have certified--it meets a certain performance
threshold and we have determined that it is affordable for
maintenance and reliability.
Senator Lankford. Right. But this is for countering the
threat? This is detection and countering threat.
Mr. Pekoske. Initially, detection monitoring identification
just to know what threat is there, and then follow on, on the
countering.
Senator Lankford. Okay. Please tell me you are spending
more on science than you are on attorneys in this process.
Mr. Pekoske. We definitely are.
Senator Lankford. Okay, thank you. You listed three of them
there and I just want to be able to figure out where the
priorities were on it. And known negations to attorneys. We
need at least one in the country.
But that is always my concern, is that we spend a lot on
consultants and about chasing things rather than the actual
application of it. So I look forward to seeing that. 28 enough
to be able to do that? You have got a core 30 facilities there
that you are doing the evaluation on. Is 28 staff enough for
that?
Mr. Pekoske. Yes, 28 is enough because we are using a lot
of Federal Air Marshals support to deal with multiple
assessments and we partner strongly with the FBI on this as
well.
AIRBORNE TOXINS
Senator Lankford. Okay, thank you. We will want to be able
to get an update on that and how that is going. In your
detection obviously you are looking for immediate threats to an
aircraft, to the staff, to the pilots, all those things coming
into the aircraft. One of the threats that is out there is an
airborne release of fentanyl or other chemicals as well.
How is it going on doing your detection of trying to move
from explosives and a firearm to different airborne toxins like
fentanyl or something else that may be getting into an
aircraft?
Mr. Pekoske. So we are making some progress on that but
candidly, you know, most of our focus is on explosives because
the explosive set is very dynamic, it changes over time. We
look at the intelligence. We look at what our adversaries are
developing and try to stay ahead of them in that regard.
And that spills all the way over to for example canine
training because we train canines for a certain odor set that
has got to be constantly refreshed. But that, not to minimize
the threat from Fentanyl and any other airborne agent.
Senator Lankford. Okay. I would only say I know that
Customs and Border Patrol, other folks are working on
technology to do rapid scanning for things like fentanyl,
opioids, and all of the things that are coming in. Once they
are transported into the system, as you mentioned before, if
someone gets through into the system in any airport, they can
get through to every airport on it.
If drugs and contraband or some other things are getting
in, and some of those could be airborne released and become
lethal or become an issue as well, all of those technologies I
would encourage you to work with other areas of DHS and the
technology they are using for screening to see if there is a
way to be able to actually build that in the algorithm of what
we are using for screening as well.
There are several different companies that are out there
that do the rapid testing like you do for explosives on your
hands, for random testing. They do that exact same type of
testing, to be able to actually test for fentanyl or other
things as well that might also be helpful for us to be able to
help do some other detection and that might be something that
can be built into the screen that you already do.
So, it is not a second type of test, but if you are already
doing that swab, it would show up as well in that algorithm. So
if there are ways that we can help or things that you need
engagement on, pleased to be able to continue to see your work
on that. Thank you.
SCREENING TECHNOLOGY
Senator Capito. Thank you, Senator. I had a couple of other
questions and I am sure Senator Tester does too so we will
proceed that way. I am not sure I quite understand why we have
300 CT scanners now and this budget asks for 30 more, and I
know you have been asked this question a couple different ways.
What is the maximum number that you think you need in the end?
And why are we only asking for 30 now as opposed to keeping
those numbers ramped up to an achievable number?
Mr. Pekoske. Yes, Chairman. You know, the CT acquisition is
my highest priority acquisition program because of the
significant improvement it makes in our ability to detect. You
provided in the fiscal year 2020 budget a little over $200
million for CT as well. And so we will take that money and
apply it--once this contract is in place, that money will be,
those funds will be available to us.
So if you take the $200 plus million that are in the fiscal
year 2020 budget plus the $30 million we are requesting in the
fiscal year 2021 budget. That will give us a good start on the
acquisition. We think the total number of X-rays is probably
around 2,400 because we are planning for growth. Air travel is
increasing it roughly 4 percent year-over-year.
The other aspect that I would highlight for you is that we
have very strong partnerships with the carriers in the airports
on technology, and the Congress provided those the legal
authority to accept technology as a gift from the private
sector. And we can also accept services as a gift from a
private sector entity now. We have found the carriers in the
airports to be very generous in gifting this technology.
Senator Capito. So is that occurring right now?
Mr. Pekoske. That is occurring right now. Yes, ma'am.
Senator Capito. So are you saying that the money that we
gave in fiscal year 2020 combined with this money is only going
to go for the 300 initial? Are you saying this was for the 30?
Mr. Pekoske. No, no. The 300 initial were funded in fiscal
year 2019.
Senator Capito. Okay, so that is done. So you will combine
that so it will be more than 30 in the end?
Mr. Pekoske. We will.
Senator Capito. Okay. But still that is so slow if your
requirement--and of course the technology is going to change in
the next 10 years. So by the time you get the CT scanner to
Yeager airport, it is going to be off to something else.
Mr. Pekoske. Well, actually we think the CT technology is
an enduring technology, but what will change is all the
software that goes into that technology. And so one of the
reasons that we wanted to put them all in this new procurement
is where we have several different algorithm development
processes going on at the same time. And we, for example, just
now issued a new release on a testing basis that has vastly
improved detection capability. So we are going to step up the
capability over time. But we just found that both the vendors
and the agency needed a bit more time to make sure as we deploy
these.
Senator Capito. Okay. I know also in rural airports, and
one of the issues is and it was pointed out when I went on the
tour with you is, sometimes there is confined spaces or there
is not enough place to conveniently locate these machines.
There are a little larger so that reconfiguring the airport is
a challenge for our smaller airports, so I understand that.
Let me talk about the CAT procurement. It is along the same
lines. You are deploying that now but there is no plan for this
same technology to go into the smaller airports. How do you
intend to ensure that the smaller airports are going to have
something like this or this kind of security? I mean, we
obviously saw Senator Tester mention 9/11.
We saw that the perpetrators came in through the smaller
airport. And so I know you take each airport just too
seriously. If you could respond to that.
Mr. Pekoske. Yes, ma'am. You know, we fully intend to start
a continuation for the CAT program, beginning in likely fiscal
year 2022 to be able to address the smaller airports. When this
program was initially put in place several years ago, it was
just for the larger airports, but to your point, you know, the
smaller airports are airports we need to pay just as much
attention to.
The other part is that at the smaller airports, it was
sometimes difficult to make the high-speed data secure
connections at the smaller airports than it would be at a large
airport.
Senator Capito. Well, that would be rural broadband, right?
Mr. Pekoske. That is right.
TSA STAFFING
Senator Capito. That is our other committee. We talk about
that all time. Let me just see if I can kind of rapid fire
really quickly. How many TSA agents do you have right now,
approximately?
Mr. Pekoske. Approximately 45,000.
Senator Capito. And this budget provides you for an
additional----
Mr. Pekoske. A very small number, actually. It provides us
for about a 1.7 percent increase, but we think that--and we
should always try to find as much efficiency in our process as
we can. The thing that is very important here, and one of the
reasons why those pay initiatives are in the budget is, as you
know, TSA has an attrition rate amongst that 45,000 person
workforce of about 17 percent on average across the system.
That was last year. This year has already come down to
somewhere around 12 percent is running right now.
What I hope happens, and I know hope is not a method but I
think we have got some analysis to support this, is that as we
put out these pay initiatives, our retention will go up. And I
am putting a lot of attention on making sure that we address
all of the workplace issues that our officers and anybody in
TSA has identified in the annual surveys we do.
I mean, I read those things when I visit an airport, I
visit a field office, for example. I look at their individual
survey results so I know what the workforce has said about how
we are doing as an agency. So it is a very concerted effort to
bring the attrition numbers down so that I don't spend money
recruiting and training people that are going to leave in a
very short period of time.
Senator Capito. Well, I commend you too on the plan that
you have. Obviously the two gentleman behind you are part of
that where your detailing off the front lines, TSA agents and
others to make sure that you are listening exactly to what is
going on in the day-to-day life of a TSA agent and what their
specific concerns can be. So I think that obviously gone to the
benefit.
Senator Tester.
REAL ID
Senator Tester. Thank you, Senator Capito. I would just say
that a lot of the numbers I am having a hard time making them
add up in my mind and that we are going to have a 4 percent
increase in flyers, we have got a 1 percent increase in
potential bringing folks on. You are going to have to bump up
your salaries, which I agree by the way, at least at the
smaller airports where you got folks coming in, working three
hours, leaving and coming back.
So I hope you can make that work. If you do, we need to put
you work on the Appropriations committee. Maybe the lead
staffer. I want to talk about Real ID for a second. You exist
to keep our traveling passengers safe.
The outfit that really benefits is the airlines, and I know
you worked very, very well with the airlines, but there might
be a possibility--when I get my ticket on this, or if it is a
paper ticket, if they would put on that ticket, if you don't
have a Real ID, this ticket is worthless, it might help you.
Because every time I get on a plane, I look at that and it is
like having a thing on a pack of cigarettes that says, if you
smoke this it is going to cause cancer, it might be a
possibility.
Have you approached the airlines about doing something like
that?
Mr. Pekoske. We have, sir. Some airlines have voluntarily
started to do that. We are looking at a requirement for not
just purchasing of tickets because oftentimes tickets are
purchased by third-party vendors.
Senator Tester. But don't you still have to get a ticket
from Delta or United or from a third party vendor.
Mr. Pekoske. Yes, sir.
And you get that ticket at check-in. So part of what we are
looking at is, as you check in, it is going to say, hey,
remember you have got to have a Real ID driver's license.
Senator Tester. You are right, though. There are some--I
mean I am trying to get as many--but it is amazing how many
people travel with these things now and don't have paper
tickets, which would be pretty damn simple and pretty cost-
effective, I would think. Just a thought.
Mr. Pekoske. And that CAT technology, by the way, Senator,
you don't need a boarding pass for TSA purposes once the CAT.
Senator Tester. Bingo. That is right. No, I mean I went
through an Indianapolis Airport that had it. I was pretty
amazed because I asked them do you want to see my ticket and
they said, no. I said, why not?
[Laughter.]
PRECHECK
Senator Tester. At any rate, TSA PreCheck reached a
milestone of 10 million. Congratulations. I am also aware that
TSA entered into some partnerships with some private companies
to increase enrollment. As TSA PreCheck expands, what is your
overall goal? Everybody?
Mr. Pekoske. Well, everybody won't qualify, but we would
like to see as many applicants as we possibly can because we
know a lot about--these are called trusted travelers. We know a
lot about trusted travelers. And so we adjust our screening
process to accommodate.
Senator Tester. Bingo and I love it. How many additional
folks are going to be registered by the private sector vendors?
What have you been told?
Mr. Pekoske. Well, you know, we are seeing PreChecks,
Senator, increased by about 18 percent year-over-year, and one
of the things that we are doing is we are taking people that
used to get----
Senator Tester. Got to get more. I mean this the first time
you went with private sector vendors?
Mr. Pekoske. We should get more with having a private
sector vendor right now. This adds two additional vendors.
Senator Tester. Okay, so won't that increase it?
Mr. Pekoske. It will and it will also put price competition
in there as well because those vendors may want to bundle other
things that they offer, and they will compete on price for
PreCheck for the things that don't involve the checks that we
do as a Government.
Senator Tester. And so you are confident that it will be
taken care by fees and not add additional cost to the agency?
Mr. Pekoske. I am and I am hoping to see a much higher
level of PreCheck registration for a different reason too is
that PreCheck is going to be even faster than what it is today.
Senator Tester. Yes. Well, I can tell you that the line at
DCA, it is often quicker to go through the line that is not
PreCheck because it is so long. Truthfully, I mean it has been
a very successful program, very successful.
Mr. Pekoske. Right, but we need to work to address some of
those disincentives to make sure that PreCheck on average,
Senator, is always reliably five minutes or less. Every once in
a while it will spike up, but it comes down very, very fast.
Senator Tester. So the heart and soul of your organization
is the guy sitting right behind you and all the people that he
represents, and I will just tell you that we are going to be
working on this budget moving forward. You make good decisions
with good information. You need to give us good information,
okay? Thank you. Appreciate it.
Senator Capito. Thank you. Well, this concludes today's
hearing. Administrator Pekoske, we appreciate you appearing
before the subcommittee, really do, and your fine work. You are
always very thorough and very simple in your explanations,
which I appreciate because well, we are simple people here and
we need those explanations. But in all seriousness, talking to
the American public, you have to be as direct as you possibly
can.
Senator Tester. And neither one of us are lawyers.
Senator Capito. Yes. The hearing record will remain open
for two weeks from today. Senators may submit written questions
for the record. We ask that the Department respond to them
within a reasonable amount of time.
SUBCOMMITTEE RECESS
Senator Capito. I will say this, last week's hearing with
the Acting head of the Department, I did get the answer to my
question back in less than a week. So if he is listening, thank
you very much for that. So this subcommittee stands in recess.
Thank you.
[Whereupon, at 11:05 a.m., Tuesday, March 3, the
subcommittee was recessed, to reconvene subject to the call of
the Chair.]
LIST OF WITNESSES, COMMUNICATIONS, AND PREPARED STATEMENTS
----------
Page
Capito, Senator Shelley Moore Capito, U.S. Senator from West
Virginia, Opening Statement of
Pekoske, Hon. David, Administrator, Transportation Security
Administration:
Prepared Statement of........................................ 50 50.........................................................
Summary Statement of.........................................
49.........................................................
Tester, Senator Jon, U.S. Senator from Montana
Wolf, Hon. Chad, Acting Secretary, Department of Homeland
Security:
Prepared Statement of........................................
7..........................................................
Summary Statement of.........................................
5..........................................................
SUBJECT INDEX
----------
Page
DEPARTMENT OF HOMELAND SECURITY
Autonomous Surveillance Towers................................... 24.............................................................
Border:
Patrol Agents: Hiring........................................
13.........................................................
Security Improvement Plan....................................
26.........................................................
Wall:
Construction:
Contracts............................................
27.................................................
Religious Freedom Restoration........................
31.................................................
System...................................................
13.....................................................
Attempts to Defeat it................................
15.................................................
Eminent Domain.......................................
28.................................................
Technology...........................................
39.................................................
Tohono O'Odham Tribe.................................
38.................................................
Coronavirus:
Action.......................................................
14.........................................................
Anticipated Number of Cases..................................
19.........................................................
Face Masks...................................................
19.........................................................
Mortality Rate...............................................
18.........................................................
Number of Cases..............................................
17.........................................................
Protecting Front-Line Workers................................
42.........................................................
Providing Information to Public..............................
43.........................................................
Proving Information to Public................................
20.........................................................
Respirators..................................................
19.........................................................
Transmission.................................................
18.........................................................
Vaccine......................................................
20.........................................................
Cybersecurity: Budget Cut........................................
12.............................................................
Detention:
Cost.........................................................
16.........................................................
Soft-Sided Facilities, Beds
Drug:
Interdiction.................................................
36.........................................................
Opioids..................................................
21.....................................................
Technology...............................................
29.....................................................
U.S. Coast Guard.........................................
34.....................................................
Trafficking..................................................
16.........................................................
Election Security................................................
40.............................................................
Federal Emergency Management Agency: Grants......................
37.............................................................
H-2B:
Visa Program.................................................
22.........................................................
Visas........................................................
31.........................................................
Migrant Protection Protocols
Real ID..........................................................
25.............................................................
Screening People Entering United States..........................
26.............................................................
Unmanned Aircraft Systems........................................
23.............................................................
U.S. Coast Guard:
Balancing Border Security Mission and Department of Defense
Support....................................................
35.........................................................
Icebreakers..................................................
32.........................................................
U.S. Secret Service Proposed Move................................
41.............................................................
__________
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
Airborne Toxins..................................................
65.............................................................
Airport Staffing.................................................
57.............................................................
Covid-19:
Resources....................................................
55.........................................................
Screening: Transporation Security Administration's Role......
53.........................................................
Fiscal Year 2021 Budget Request Unfunded Items
TSA Staff Hiring.................................................
59.............................................................
Screening Technology
Precheck.........................................................
68.............................................................
Real ID
TSA Staffing.....................................................
67.............................................................
Unmanned Aircraft Systems........................................
63.............................................................
[all]