[Senate Hearing 117-]
[From the U.S. Government Publishing Office]


 
  DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS FOR FISCAL YEAR 2023

                              ----------                              


                         WEDNESDAY, MAY 4, 2022

                                       U.S. Senate,
           Subcommittee of the Committee on Appropriations,
                                                    Washington, DC.
    The subcommittee met at 10:06 a.m. in room SD-106, Dirksen 
Senate Office Building, Hon. Chris Murphy (chairman) presiding.
    Present: Senators Murphy, Tester, Shaheen, Murray, Capito, 
Murkowski, Hoeven, Kennedy, and Hyde-Smith.

                    DEPARTMENT OF HOMELAND SECURITY

STATEMENT OF HON. ALEJANDRO MAYORKAS, SECRETARY


               opening statement of senator chris murphy


    Senator Murphy. Good morning. We call this hearing of the 
Subcommittee on Homeland Security to order.
    Today, we welcome the Secretary of Homeland Security 
Alejandro Mayorkas.
    Before we get started, Mr. Secretary, on behalf of the 
subcommittee, I would like to once again share our appreciation 
to you and to all of the department's employees for your and 
their dedication to protecting our nation's security. We are 
mindful of the wide-ranging responsibilities and the sacrifices 
that are entailed in upholding those responsibilities and we 
are deeply grateful to you and your team.
    The purpose, of course, of today's hearing is to review the 
department's fiscal year 2023 Budget Request. It's a request 
that focus on strengthening the nation's cyber defense, 
responding to border management needs, promoting a humane and 
efficient immigration system, improving operational readiness 
of the Coast Guard, and continuing steps to advance climate 
response and resiliency.
    I imagine much of today's discussion will cover border 
security, immigration policies, and the CDC's Title 42 
authority.
    Mr. Secretary, I am constantly demoralized by the tone of 
our debate about security and in particular the tone of our 
debate about our border. Many of my Republican colleagues, and 
I frankly don't put the Ranking Member in this category, simply 
see the issue of immigration as a political cudgel. They see 
immigrants as political opportunities to be cast as threats and 
they constantly dumb down the debate about immigration, for 
instance, insisting that the reason there are high numbers of 
undocumented immigrants arriving at our border right now is 
because of the name on the door at the White House.
    Let me assure my colleagues non-citizens arriving at our 
southwest border don't care who the President of the United 
States is. Why? Because they come here for a complex set of 
reasons, most of which are connected to life back in their home 
country.
    We only have to go back to 2019 to see the evidence under 
arguably the most restrictive policies and programs in decades, 
policies that included separating little children from their 
parents and sending thousands of vulnerable people to wait 
months for a chance to seek asylum in conditions so dangerous 
that our own State Department issued warnings.
    Our country saw the highest level of apprehensions at the 
border in over a decade in 2019 and how did Congress respond? 
Well, Congress stepped up and enacted a $4.6 billion emergency 
supplemental in 2019 in order to provide resources to DHS and 
other departments to manage the border requirements that year.
    Why did that happen? Because at that time there was a 
shared commitment to respond to the realities at our border, to 
support the brave, dedicated men and women of U.S. Customs and 
Border Protection (CBP), U.S. Immigration and Customs 
Enforcement (ICE), and countless others at the department 
working every day on the border or supporting those at the 
border and that should be our mission today as it was in 2019.
    Now we can have an argument about when to lift Title 42, 
but it cannot be permanent, not unless Congress changes the 
law, and I find it ironic that there are so many Republicans 
that are so confident that COVID is no longer a threat to our 
country, except at the border.
    Title 42 is going to be lifted now or at some point in the 
future and so we can play politics about this or we can be in a 
constructive dialogue with you, Mr. Secretary, about funding a 
plan to allow your department to coordinate with other Federal 
agencies and our neighbors to the south in order to optimally 
respond to the expected challenges that are going to result 
when inevitably this two plus year restriction on U.S. asylum 
law is lifted.
    Today we should also talk about the work the department is 
doing to protect the homeland from two other threats. I know 
there's a long list of threats, but at the top of my list would 
be domestic terrorism and foreign propaganda.
    Right now the greatest present threat we face as a nation 
is domestic terrorism and no one should forget how close we 
came in this place to a mass atrocity over a year ago and 
nobody should think that this threat has suddenly vanished.
    So I look forward to hearing more today about what the 
department is going to do with new resources, with this new 
budget to counter the threat from within our nation that is 
presented to our democracy.
    And, Mr. Secretary, I know that you know that there has 
been a lot of misinformation about your department's work to 
combat misinformation. Frankly, I don't know why we would spend 
billions of dollars protecting the homeland without the 
capacity to protect our citizens from foreign actors and 
terrorist organizations who seek to spread hateful and 
dangerous propaganda designed to tear apart our democracy but 
you should probably set the record straight about what the 
goals of your efforts in this area are.
    Earlier this year, despite the odds, this subcommittee came 
together and we wrote a bipartisan budget that overcame all 
these political pitfalls that I've identified surrounding this 
important set of investments in our nation's security and that 
is in large part due to the tone set by Senator Capito and the 
great staff work that is done on this subcommittee to find a 
way to come together to protect our nation despite the politics 
that surround this subcommittee's budget.
    I think that we can deliver again this year and I'm 
grateful to begin that work with this important hearing.
    Thank you, Secretary Mayorkas, for appearing before us 
today, and I will now turn it over to the Ranking Member 
Senator Capito for opening remarks.


               statement of senator shelley moore capito


    Senator Capito. Thank you, Mr. Chairman. Thank you for the 
hearing, and thanks to you for the tone and the collegial way 
that we've been able to work through some very difficult 
issues.
    Secretary Mayorkas, it's very nice to see you again, and 
thank you for your constant willingness to talk with me on all 
of these important issues and all of us really.
    Before we begin our discussion on fiscal year 2023, Mr. 
Chairman, may I quickly say thank you to you for your work and 
partnership in getting this fiscal year 2022 bill done and I 
appreciate you working with me and I appreciate the cooperation 
that we've found to be able to find our way to what I thought 
was a good compromise.
    While we have much to talk about regarding the broad scope 
of the Department of Homeland Security, from cyber to disaster 
response to transportation security, discussions these days are 
rightly dominated by the crisis at the southern border.
    Last year at this time there were those who said the 
numbers at the southern border were merely a seasonal surge, 
but the numbers have only continued to get worse.Since last 
year's hearing, we've broken records each month and not just 
month to month but compared to previous years and over a period 
of decades.
    Recently we saw nearly 10,000 illegal border crossings in 
one day. Each crossing lines the pockets of some ruthless 
cartel that are poisoning our country and my state of West 
Virginia with drugs like fentanyl. They're using the money for 
that.
    To be fair and to your credit, we have noticed occasional 
efforts at real border enforcement and deterrence and those 
efforts have proved fruitful when applied, but unfortunately 
they've been kind of far and few between in my opinion and the 
challenges are only growing more dire.
    Still, despite the backdrop of an ongoing border crisis, we 
were able to come together last year to pass a full 
appropriations bill that included an 11 percent increase for 
DHS, including key border security measures, such as an 
increased Border Patrol hiring, doubling the amount for border 
security technology, and maintaining funds to provide for 
physical barriers on our southern border.
    Now we have your request for fiscal year 2023 in front of 
us. I appreciate the Administration is acknowledging the need 
for more Border Patrol agents as well as a small nod to the 
need for more ICE law enforcement agents to deal with ever-
growing non-detained docket.
    However, as a whole, the budget seems to focus more on 
climate change and a vague equity agenda while making the 
current border crisis worse.
    To name just an example, this budget asks for 9,000 fewer 
ICE beds. I will be asking you about this, I'm sure you know, 
cutting over one-quarter of your average daily capacity and a 
large overall cut for enforcement and removal operations.
    Time and again this Administration and your department have 
told courts around the country that you can't properly follow 
the law's detention requirements because of limited resources 
provided to you by Congress and yet you are here asking us for 
a huge decrease in ICE capacity.
    Last year in fiscal year 2021 the department did a record-
size reprogramming which flew in the face of certain 
congressional priorities and took money from throughout the 
entire department to plug holes created by the immigration 
surge. The 11 percent increase in fiscal year 2022 was an 
opportunity to get this problem under control but, once again, 
it looks like there's funds that are going different places and 
we're not solving the problem.
    Mr. Secretary, you have said you will seek to cover 
additional costs through transfers and reprogramming. While I 
appreciate that you believe absorbing these costs within your 
budget is fiscally responsible, I'm concerned the transfers and 
reprogramming necessary to deal with the size of the crisis 
we're seeing at the border would stretch the limits of the 
other responsibilities at the department.
    We know that it will be especially true if Title 42 is 
lifted. The department must be transparent about its use of 
funds and its burn rate so that we can carefully monitor this 
issue.
    The Administration failures at the border threaten the work 
of the rest of the department. An aggressive use of transfer 
and reprogramming authority can harm the department's wide-
ranging and so very important priorities.
    The work of the Coast Guard, the Cybersecurity and 
Infrastructure Security Agency or CISA, and the Secret Service, 
TSA, FEMA, and other components and subcomponents are too 
important to be raided to cover for the Administration's 
failure at the border.
    For these and other reasons, I'm glad we're having this 
meeting to dig further into these issues. I look forward to 
working with you, Secretary Mayorkas, and my colleagues on the 
committee as we monitor the department's finances for fiscal 
year 2022 and also look to this next year's appropriation for 
fiscal year 2023.
    Again, thank you, Mr. Chairman, and thank you, Mr. 
Secretary, for being here.
    Senator Murphy. Thank you, Senator Capito, and before I 
turn it over to you, Secretary Mayorkas, let me just take a 
moment to acknowledge that we lost an important leader in the 
history of the construction of the Department of Homeland 
Security yesterday.
    Secretary Norman Mineta passed yesterday. He was Secretary 
of Transportation during September 11th and he did play a 
pivotal role in the development of the Department of Homeland 
Security, overseeing the creation of TSA, and so I just want to 
put that acknowledgment on the record as I turn it over to you, 
Mr. Secretary, for opening remarks.


              summary statement of hon. alejandro mayorkas


    Secretary Mayorkas. Thank you very much, Chairman Murphy, 
Ranking Member Capito, and Distinguished Members of the 
Subcommittee. Thank you for the opportunity to join you this 
morning.
    Chairman Murphy, allow me to echo your recognition of the 
extraordinary contributions of Secretary Mineta to the 
formation of the Department of Homeland Security (DHS).
    Every day, the 250,000 extraordinary personnel of the 
Department interact with the public on a daily basis, more than 
any other Federal agency. While created to respond to a 
singular threat in the aftermath of 9/11, our department has 
remained agile, adapting to new challenges as they arise, as 
responsibilities grow, and as our role increases in scale and 
scope.
    The fiscal year 2023 Budget is a $97.3 billion investment 
in our capacity to meet the shifting threat landscape. The 
resources will give us the tools to protect our communities 
from terrorism; to enhance border security; to invest in a 
safe, orderly, and humane immigration system; to counter cyber 
attacks; to safeguard our transportation networks; to 
strengthen disaster preparedness and resilience; and much more.
    On terrorism and targeted violence, the threat has evolved 
over the last two decades and we meet this challenge by 
equipping every level of government, the private sector, and 
local communities with the tools and resources that they need 
to stay safe.
    In 2021, for the first time, we designated domestic violent 
extremism a national priority area in our Federal Emergency 
Management Agency (FEMA) grant programs, enhanced training 
opportunities for law enforcement, and increased our 
intelligence and information-sharing efforts. We are asking for 
additional funds to expand these operations.
    In the wake of incidents like the hostage crisis in 
Colleyville, Texas, we have increased our request for the vital 
Nonprofit Security Grant Program to $360 million to protect 
houses of worship and other nonprofits from terrorism-targeted 
violence.
    Under this Administration, our department has been 
executing a comprehensive strategy to secure our borders and to 
rebuild our immigration system. With the Title 42 Public Health 
Order set to be lifted, we expect migration levels to increase 
as smugglers seek to take advantage of and to profit from 
vulnerable migrants. We will continue to enforce our 
immigration laws.
    After Title 42 is lifted, noncitizens will be processed 
pursuant to Title 8, which provides that individuals who cross 
the border without legal authorization are processed for 
removal and, if unable to establish a legal basis to remain in 
the United States, removed are promptly from the country.
    We started our planning last September, and we are leading 
the execution of a whole of government strategy, which stands 
on six pillars, to prepare for and to manage the rise in 
noncitizen encounters:

1. Surge resources, including personnel, transportation, 
        medical support, and facilities.

2. Increase efficiency without compromising the integrity of 
        our screening processes in order to reduce strain on 
        the border.

3. Administer consequences for unlawful entry, including 
        expedited removal and criminal prosecution.

4. Bolster the capacity of nongovernmental organizations (NGOs) 
        and coordinate with state, local, and community 
        partners.

5. Target and disrupt transnational criminal organizations and 
        human smugglers.

6. Deter irregular migration south of our border in partnership 
        with other Federal agencies and nations.

    We inherited a broken and dismantled system that is already 
under strain. It is not built to manage the current levels and 
types of migratory flows. Only Congress can fix this.
    Yet, we effectively have managed an unprecedented number of 
noncitizens seeking to enter the United States, and have 
interdicted more drugs and have disrupted more smuggling 
operations than ever before.
    A significant increase in migrant encounters will strain 
our system even further. We will address this challenge 
successfully, but it will take time and we need the partnership 
of Congress, state and local officials, NGOs, and communities 
to do so.
    To build on our ongoing work in this budget, we have 
requested funding to hire 300 new Border Patrol agents, the 
first increase since 2011, to ensure the safe and humane 
treatment of migrants and to operationalize a new rule on 
asylum processing.
    We are requesting additional funds to counter human and 
drug smuggling operations, to combat the heinous crime of child 
exploitation and human trafficking, and to stop goods produced 
by forced labor from entering our markets.
    Finally, our mission set includes a series of other 
essential priorities. DHS, through CISA, protects our critical 
infrastructure from malicious cyber activity, a threat 
heightened because of Russia's unprovoked and brutal invasion 
of Ukraine.
    Our budget will expand our cybersecurity services, will 
bolster our ability to respond to cyber intrusions, and will 
grow our cyber operational planning activities.
    DHS, through the Transportation Security Administration 
(TSA), protects the traveling public. Our budget invests in 
paying TSA's dedicated personnel commensurate with their 
Federal colleagues and in ensuring that they receive employment 
protections.
    DHS, through FEMA and other agencies, continues to answer 
the risks posed by climate change and natural disasters that 
are growing in ferocity and frequency.
    Our budget invests in adaptation, resilience, improved 
response and recovery and more.
    We cannot do this alone. DHS is a department of 
partnerships. I look forward to working with this committee to 
carry out our wide-ranging mission on behalf of the American 
people.
    Thank you.
    [The statement follows:]
            Prepared Statement of Hon. Alejandro N. Mayorkas
                              introduction
    Chairman Murphy, Ranking Member Capito, and distinguished Members 
of the subcommittee:
    I appreciate the opportunity to appear before you today to discuss 
the Department of Homeland Security's (DHS) Fiscal Year 2023 
President's Budget.
    Every day, our Department interacts with the public more than does 
any other Federal agency. While DHS was created in response to a 
singular threat, among the Department's most impressive achievements in 
the two decades since the terrorist attacks on September 11, 2001, is 
its ability to evolve to address multiple complex challenges at once. 
Through it all, our workforce of more than 250,000 dedicated public 
servants has demonstrated exceptional skill and an unwavering 
commitment to keep every community across our country safe. The breadth 
of our mission and the scale of our impact requires organizational 
agility and appropriate resourcing to meet the dynamic and evolving 
threat landscape faced by our world-class workforce.
    The fiscal year 2023 President's Budget requests $97.3 billion for 
DHS. Of this amount, $56.7 billion is discretionary funding, $20.9 
billion is for mandatory funding and fee collections, and $19.7 billion 
is for the Disaster Relief Fund to support response, recovery, and 
resiliency during major disasters. This Budget will help to ensure that 
the DHS workforce has the tools necessary to safeguard the American 
people, our homeland, and our values. These resources will: protect 
American communities, enhance border security, invest in a fair and 
orderly immigration system, protect our Nation's networks and 
infrastructure from evolving cybersecurity threats, safeguard the 
transportation system, and strengthen disaster preparedness and climate 
resilience.
    Thanks to the resources provided by Congress, the Department's 
extraordinary personnel have been able to accomplish highly impactful 
work throughout the Biden-Harris Administration to date. The fiscal 
year 2023 President's Budget request for DHS will enable us to continue 
delivering for the American people.
               combating terrorism and targeted violence
    Combating all forms of terrorism and targeted violence is a top 
priority for DHS, and one that it cannot accomplish alone. As I have 
said several times before, DHS is fundamentally a department of 
partnerships. Its ability to execute its critical mission relies on 
ensuring that its partners across every level of government, in the 
private sector, and in local communities have the tools and resources 
that they need to stay safe.
    Since the inception of this Department, the threat landscape has 
evolved dramatically and DHS has remained vigilant against all 
terrorism-related threats to the homeland. In the years immediately 
following the September 11 terrorist attacks, the Department focused on 
foreign terrorists who sought to harm us within our borders and to 
threaten our interests abroad. This threat evolved to include homegrown 
violent extremists (HVE)-the individuals in America who are inspired 
primarily by a foreign terrorist organization's ideology-and has 
continued to evolve to include those fueled by a wide range of violent 
extremist ideologies and grievances, including domestic violent 
extremists (DVE). DVEs are U.S.-based lone actors and small networks 
who seek to further political or social goals wholly or in part through 
unlawful acts of force or violence, without direction or inspiration 
from a foreign terrorist group or foreign power. These actors are 
motivated by various factors, including biases against minorities, 
perceived government intrusion, conspiracy theories promoting violence, 
and false narratives often spread online.
    Today, U.S.-based lone actors and small networks who are inspired 
by a broad range of violent ideologies, including HVEs and DVEs, pose 
the most significant and persistent terrorism-related threat to the 
homeland. The Intelligence Community assesses that racially or 
ethnically motivated violent extremists (RMVE) who advocate for the 
superiority of the white race, including white supremacists, and 
militia violent extremists (MVEs, present the most lethal DVE movement 
in the homeland. Per a March 2021 DVE assessment by DHS, the Federal 
Bureau of Investigation (FBI), and the National Counterterrorism Center 
(NCTC), RMVEs are most likely to conduct mass-casualty attacks against 
civilians, while MVEs typically target law enforcement, elected 
officials, and government personnel and facilities.
    In recognition of the gravity of the threat, I designated domestic 
violent extremism as a ``National Priority Area'' in our Federal 
Emergency Management Agency (FEMA) grant programs for the first time, 
while simultaneously increasing training opportunities for law 
enforcement partners through domestic violent extremism threat 
assessment and management programs. The fiscal year 2023 Budget 
increases funding for the critically important Nonprofit Security Grant 
Program to $360 million, to protect houses of worship and other 
nonprofit organizations from terrorism, targeted violence, and other 
violent extremist attacks. The hostage crisis in Colleyville, Texas, 
earlier this year, alongside other recent tragic incidents, makes clear 
the need for this critical resource.
    Further, DHS has renewed its commitment to share timely and 
actionable information and intelligence to the broadest audience 
possible. The fiscal year 2023 Budget includes an increase of $10 
million for our Office of Intelligence and Analysis to enhance 
information sharing, analytic capabilities, and intelligence production 
to combat emerging threats and to collaborate better with public- and 
private-sector partners.
         securing our border and enforcing our immigration laws
    DHS works to secure and manage our borders while building a safe, 
orderly, and humane immigration system.
    Violence, food insecurity, poverty, and lack of economic 
opportunity in several countries in the Western Hemisphere are driving 
unprecedented levels of migration to our southwest border. The 
devastating economic impact of the Coronavirus Disease 2019 (COVID-19) 
pandemic on the region has exacerbated these challenges, while human 
smuggling organizations peddle misinformation to exploit vulnerable 
migrants for profit.
    The Biden-Harris Administration is committed to pursuing every 
avenue within its authority to secure our borders, to enforce our laws, 
and to stay true to our values. Yet, a long-term solution can come only 
from long-needed legislation that brings lasting reform to a 
fundamentally broken system.
    On April 1, 2022, the Centers for Disease Control and Prevention 
(CDC) announced that, as of May 23, 2022, its Title 42 Public Health 
Order will be terminated. Title 42 is not an immigration authority, but 
rather a public health authority used by the CDC to protect against the 
spread of communicable disease. Until May 23, 2022, the CDC's Title 42 
Order remains in place, and DHS will continue to process families and 
single adults pursuant to the Order. However, beginning on May 23, 
2022, DHS will return to processing families and single adults using 
Title 8 authorities.
    Under Title 8 of the U.S. Code, those who attempt to enter the 
United States without authorization, and who are unable to establish a 
legal basis to remain in the United States (such as a valid asylum 
claim), will be removed. They also are subject to long-term 
consequences beyond removal from the United States, including bars to 
future immigration benefits.
    In September 2021, DHS began planning in anticipation of the 
eventual lifting of the Order. DHS is leading a whole-of-government 
plan to prepare for and manage projected increased encounters of 
noncitizens at our southwest border. Several elements of this plan 
already are being executed as we manage a historic number of 
encounters. In doing so, our objective continues to be the safe, 
orderly, and humane processing of noncitizens, consistent with our 
laws, while protecting national security and public safety.
    The six pillars of our plan are as follows: (1) we are surging 
resources, including personnel, transportation, medical support, and 
facilities to support border operations; (2) we are enhancing United 
States Customs and Border Protection (CBP) processing efficiency and 
are moving with deliberate speed to mitigate potential overcrowding at 
U.S. Border Patrol (USBP) stations and to alleviate the burden on the 
surrounding border communities; (3) we are administering consequences 
for unlawful entry, including removal, detention, and prosecution; (4) 
we are bolstering the capacity of nongovernmental organizations to 
receive noncitizens after they have been processed by CBP and are 
awaiting the results of their immigration proceedings, and we are 
ensuring appropriate coordination with, and support for, State, local, 
and community leaders to help to mitigate increased impacts to their 
communities; (5) we are targeting and disrupting the transnational 
criminal organizations and smugglers who take advantage of and profit 
from vulnerable migrants, and who seek to traffic weapons and drugs 
into our country; and (6) we are deterring irregular migration south of 
our border, in partnership with the Department of State, other Federal 
agencies, and nations throughout the Western Hemisphere to ensure that 
we are sharing the responsibility throughout the region.
    DHS has deployed unprecedented numbers of personnel and levels of 
technology, and has expanded resources to the southwest border. The 
Department also has made critical security improvements along the 
northern border, and has invested in hiring additional USBP personnel, 
in fielding new technology, and in bolstering infrastructure while also 
strengthening efforts to increase the security of the Nation's maritime 
borders. DHS has developed an integrated and scalable plan to activate 
and mobilize resources and to increase processing and holding capacity 
while improving efficiency, and we are implementing COVID-19 mitigation 
measures. We are continuing to process migrants in accordance with our 
laws, including expeditiously removing those who do not have a valid 
basis to remain in the United States. With partners, we have launched a 
counter-network targeting operation focused on transnational criminal 
organizations affiliated with the smuggling of migrants, and in close 
coordination with the Department of Justice (DOJ), we will refer 
border-related criminal activity to DOJ for prosecution when warranted, 
including that of smugglers, repeat offenders, and migrants whose 
conduct warrants such a law enforcement response.
    DHS must continue to leverage its dedicated workforce and cutting-
edge technology to continue to secure our borders. The President's 
Budget requests $1 billion for investments in effective and modern port 
and border security, including the modernization of facilities; 
investments in risk-based border security technology and assets; and 
efforts to ensure the safe and humane treatment of migrants. The Budget 
funds the hiring of 300 new USBP agents and 300 new USBP Processing 
Coordinators to respond to migration along the southwest border. The 
additional Processing Coordinators will allow agents to focus on their 
core law enforcement mission in the field. If enacted, this would be 
the first increase in the number of USBP Agents since 2011.
    In addition to DHS's work to secure our borders, it is building a 
fair, orderly, and humane immigration system. United States Citizenship 
and Immigration Service (USCIS) administers the Nation's lawful 
immigration system. Last year, USCIS received approximately 9.1 million 
applications, petitions, and requests that spanned more than 50 
different types of immigration benefits. USCIS welcomed 855,000 new 
U.S. citizens and already has naturalized 429,000 individuals this 
year. USCIS also approved more than 172,000 employment-based adjustment 
of status applications in 2021 and has completed approximately 39,000 
affirmative asylum cases and 44,000 credible fear determinations.
    Earlier this year, DHS and DOJ published an interim final rule to 
improve and expedite the processing of asylum claims for recently 
arriving migrants. The fiscal year 2023 Budget includes $375 million 
for USCIS to support asylum adjudications, including resources to 
operationalize this transformative rule, ensuring that those who are 
eligible for asylum are granted relief quickly, while those who are not 
can be removed promptly. In addition, the fiscal year 2023 Budget 
requests approximately $389 million for USCIS to continue to reduce 
application and petition backlogs, to process refugee admissions, and 
to administer international programs.
    On the first day of the Biden-Harris Administration, DHS issued new 
immigration enforcement priorities for the Department, instructing DHS 
officers and agents to prioritize the apprehension and removal of 
noncitizens who pose threats to national security, public safety, and 
border security. On September 30, 2021, I issued a superseding 
memorandum entitled Guidelines for the Enforcement of Civil Immigration 
Law. These updated enforcement priorities, which went into effect on 
November 29, 2021, instruct DHS officers to prioritize the apprehension 
and removal of noncitizens who are threats to national security, public 
safety, or border security. To grow and innovate the tools that DHS 
employs to enforce our immigration laws and to ensure related 
compliance, U.S. Immigration and Customs Enforcement (ICE) will expand 
the Alternatives to Detention (ATD) program to enable it to supervise a 
larger population of noncitizens in immigration enforcement 
proceedings. The Budget includes an increase of $87 million to 
accommodate this continued expansion of the ATD program.
  combating human trafficking, forced labor, child exploitation, and 
                           protecting victims
    The DHS Center for Countering Human Trafficking (CCHT) oversees the 
DHS mission to combat human trafficking and the importation of goods 
produced with forced labor. In 2021, CCHT reduced the processing time 
for Continued Presence authorizations from 30 days to 15 days, better 
serving victims of human trafficking by affording them a legal means to 
live and work temporarily in the United States. CCHT also worked 
closely with ICE Homeland Security Investigations (HSI) to initiate 
more than 1,100 human trafficking investigations, to make more than 
2,300 criminal arrests related to human trafficking, and to assist more 
than 720 victims of human trafficking. Additionally, ICE continued, and 
in some instances strengthened, its valuable relationships with foreign 
law enforcement partners to facilitate the arrest of fugitives with 
active criminal arrest warrants from their home countries.
    The DHS Child Exploitation Investigations Unit (CEIU)-part of the 
HSI Cyber Crimes Center (C3)-leads the Nation in the fight against 
online child sexual abuse. CEIU detects and apprehends producers and 
distributors of child sexual abuse material and perpetrators of 
transnational child sexual abuse; identifies and rescues child victims 
around the world; and trains domestic and international law enforcement 
partners in cutting-edge investigative practices. In fiscal year 2021, 
CEIU identified and/or rescued 1,177 child victims in child 
exploitation investigations. CEIU also arrested 3,776 individuals for 
crimes involving the sexual exploitation of children and helped to 
secure more than 1,500 convictions. Additionally, CEIU's Angel Watch 
Center issued 1,722 notifications regarding international travel by 
convicted child sex offenders, resulting in more than 600 denials of 
entry by foreign nations.
    The fiscal year 2023 President's Budget requests $18 million in 
dedicated funding for CCHT, which would be the first appropriated 
funding for this critically important Center. The Budget also would 
enable the permanent relocation of the DHS Blue Campaign to CCHT, 
ensuring organizational alignment of the Department's anti-human 
trafficking efforts. Additionally, the Budget includes $59 million to 
support the C3, including its CEIU, which is leading the fight against 
the horrific epidemic of online child exploitation. To support these 
critical operations, the Budget also provides $25 million to expand the 
efforts of the Victim Assistance Program, which delivers essential 
support to victims encountered during HSI investigations. This funding 
will allow HSI to hire 59 new victim assistance specialists and will 
enhance HSI's victim-centered approach as it takes on investigations of 
a wide range of Federal crimes, including human trafficking, child 
sexual exploitation, financial scams targeting the elderly and other 
vulnerable populations, white collar crimes, and human rights abuses.
    In response to the Federal requirements under the Uyghur Forced 
Labor Prevention Act (UFLPA), signed into law by President Biden on 
December 23, 2021, DHS is leading the development of a whole-of-
government enforcement strategy as the chair of the Forced Labor 
Enforcement Task Force. In the fiscal year 2023 President's Budget, DHS 
requests $70 million to secure the necessary personnel, technology, 
training, and outreach that CBP needs to enforce the UFLPA and to 
prevent the importation of goods made with forced labor from China. 
This investment will strengthen CBP trade enforcement activities and 
will expand capacity due to anticipated workload increases at U.S. 
ports of entry.
                    protecting the traveling public
    The Transportation Security Administration's (TSA) key mission is 
to keep our traveling public safe. In fiscal year 2021, TSA screened 
more than 491 million travelers and prevented a record number of 
firearms from being carried past security checkpoints into secure areas 
of airports and onto airplanes. On average, almost 98 percent of 
passengers waited less than 20 minutes at airport security checkpoints, 
while 96 percent of passengers in a TSA PreCheck lane waited less than 
5 minutes. These wait times evidence TSA's ongoing efforts to improve 
the customer service and air travel experience for the traveling 
public, while protecting national security and public safety.
    Since the inception of TSA 20 years ago, the screening workforce 
that keeps the American traveling public safe has been paid at a 
substantially lower rate than the rest of the Federal Government. TSA's 
strategic success depends upon how well we attract, hire, train, 
develop, promote, and retain our workforce. This Budget invests a 
historic $992 million for expanded labor relations support capability, 
equal access to the Merit Systems Protection Board, and pay equity to 
ensure that the TSA workforce is provided employment protections and 
pay commensurate with other Federal employees.
    Further, passenger volume projections and workflow analysis for 
fiscal year 2023 have determined that, as passenger volume approaches 
pre-pandemic levels, an increase in personnel is required to ensure 
that security standards at airport checkpoints are met and that the 
traveling public does not experience excessive wait times. The fiscal 
year 2023 Budget includes $243 million to address these projections and 
to hire the personnel that TSA needs to meet this critical mission.
          building resilience to disasters and climate change
    DHS continues combating the climate crisis and mitigating climate 
change-related risks, which pose a grave threat to the safety, 
security, and prosperity of our communities. It is vital for the 
Department to lead by example by minimizing its own environmental 
impact, by promoting resilience against the risks posed by climate 
change, and by facilitating adaptation to reduce international and 
domestic climate change-related threats. From extreme heat and fires in 
the West to extreme storms in the Southeast, flooding in the Midwest to 
ice melting in the Arctic, DHS is on the front lines of helping 
communities to develop resilience and to respond to these threats.
    To this end, DHS is investing in adaptation to support community 
resilience, in increasing response and recovery capabilities, and in 
making the disaster assistance process more accessible and equitable. 
The fiscal year 2023 Budget provides $3.4 billion for Hazard Mitigation 
grants, Building Resilient Infrastructure and Communities grants, and 
the Flood Hazard Mapping and Risk Analysis program to mitigate the 
effects of climate change through community partnerships, improved 
disaster resilience, and preparedness strategies. In addition, the 
Department's investments in several climate change initiatives will 
include a total of $76 million to transition our vehicle fleet to 
electric vehicles and $50 million for various projects in resilience, 
energy, and sustainability. These investments will ensure that DHS 
missions and support structures both can adapt to the impacts of 
climate change and can mitigate the Department's greenhouse gas 
emissions impact on climate change.
    The fiscal year 2023 Budget request includes $19.7 billion for FEMA 
to assist State, local, Tribal, and territorial partners and 
individuals affected by major disasters and provides a total of $3.5 
billion in Federal assistance to support local preparedness 
stakeholders through grants, training exercises, and other support 
activities.
                    protecting our maritime security
    Since its founding, the United States Coast Guard (USCG) has 
protected national and economic security in a complex and evolving 
maritime environment. In fiscal year 2021, USCG saved nearly 4,750 
lives and prevented more than $61 million in property loss. While 
executing its counter-drug law enforcement mission, USCG removed more 
than 381,000 pounds of cocaine and more than 71,000 pounds of 
marijuana, worth an estimated $7.2 billion in wholesale value.
    The fiscal year 2023 Budget provides $817 million for USCG's two 
highest acquisition priorities, the Offshore Patrol Cutter (OPC) and 
the Polar Security Cutter (PSC). The OPC will replace USCG's fleet of 
Medium Endurance Cutters that conduct missions on the high seas and 
coastal approaches. The PSC supports national interests in the Polar 
Regions and provides assured surface presence in those ice-impacted 
waters. The Budget also requests $125 million to acquire a commercially 
available polar icebreaker to increase near-term presence in the Arctic 
until the PSC fleet is operational.
    The fiscal year 2023 Budget also provides the necessary resources 
for USCG to conduct today's highest priority operations in support of 
national objectives and to continue investments in USCG readiness. The 
budget invests $124 million to support the operations, maintenance, and 
crewing of new assets to include five Fast Response Cutters, National 
Security Cutters #10 and #11, OPCs #2 and #3, a commercially available 
icebreaker, and three C-27J aircraft. Administration priorities include 
increasing operations in the Indo-Pacific and Atlantic Basin, and the 
Budget invests $88 million to promote USCG missions in these regions, 
along with strengthening cyber resilience and investing in the 
workforce.
                strengthening our nation's cybersecurity
    Cyber threats from nation States and state-sponsored and criminal 
actors remain one of the most prominent threats facing our Nation. This 
threat has been heightened by the ongoing Russia-Ukraine crisis. On 
March 21, 2022, President Biden warned that evolving intelligence 
indicates that the Russian Government is exploring options for 
potential cyberattacks against the United States. Within the past year-
and-a-half, we have seen numerous cybersecurity incidents affecting 
organizations of all sizes and disrupting critical services, from the 
SolarWinds supply chain compromise to the exploitation of Log 
vulnerabilities found in Microsoft Exchange Servers and Pulse Connect 
Secure devices. Further, ransomware incidents-like those affecting 
Colonial Pipeline, JBS Foods, and Kaseya-continue to rise, as high-
impact ransomware incidents against critical infrastructure 
organizations have increased globally, affecting organizations of all 
sizes. The rate at which cyber incidents occur is increasing rapidly, 
and it is the Department's responsibility to help to protect our 
Nation's civilian networks and critical infrastructure from these 
attacks.
    DHS, through the Cybersecurity and Infrastructure Security Agency 
(CISA), continues to work closely with partners across every level of 
government, in the private sector, and with local communities to 
protect our country's networks and infrastructure from malicious cyber 
activity.
    CISA has taken several steps to increase our Nation's cybersecurity 
and resilience, including by creating the Joint Cyber Defense 
Collaborative (JCDC) to develop and execute joint cyber defense 
planning with partners at all levels of government and the private 
sector; by launching the Shields Up campaign in February 2022, 
recognizing the heightened risk of malicious cyber activity related to 
the Russia-Ukraine conflict, to amplify online free cybersecurity 
resources and guidance for how organizations of every size and across 
every sector can increase their cybersecurity preparedness; and by 
working with federal, State, local, and election technology partners to 
protect election systems from interference.
    The President's fiscal year 2023 Budget request includes $174 
million for CISA to continue the work established through the American 
Rescue Plan act of 2021, to expand cybersecurity service offerings that 
protect Federal networks and critical infrastructure against evolving 
cyber threats. These funds will allow CISA and its partners to adapt to 
new systematic risks and to maintain the progress gained in taking 
actions to bolster critical operational and strategic cyber risk 
mitigation capabilities. In addition, the Budget also provides $425 
million for the CISA Continuous Diagnostics and Mitigation program to 
strengthen the security of Federal Government civilian networks and 
systems. These efforts will close the crucial gaps that exist in large 
agency enterprises and will provide CISA with visibility into 
unauthorized, potentially malicious activity targeting Federal 
networks. The Budget further includes $68 million for the JCDC, an 
increase of $15 million, to ensure that CISA can continue expanding 
critical cyber operational planning and partner engagement activities.
                       additional authorizations
    In addition, there are two reauthorizations that the Department 
requires to continue its work in critical mission spaces.
    First, the authority to establish and operate Joint Task Forces 
(JTF) sunsets at the end of this fiscal year. JTFs provide a direct 
operational coordination layer to enhance the multi-faceted challenges 
facing DHS. JTFs remove stove-piped approaches to meeting challenges. 
They do this by developing and implementing an integrated approach that 
maximizes resources and capabilities within the Department for long-
term missions and challenges. Today, JTF-East is responsible for 
ensuring Departmental unity of effort in the southern maritime approach 
to the United States and demonstrates the tangible, positive impacts 
that JTFs can have on enhancing DHS operations.
    Beyond setting cross-Department-wide goals and planning in a 
unified manner, JTFs further the Department's maturation by empowering 
Department officials to focus the Department's resources to achieve DHS 
goals. This realizes the promise in the Homeland Security Act and the 
subsequent creation of DHS to bring together organizations with 
homeland security roles in a coherent whole to achieve comprehensive 
security.
    Lastly, the Department appreciates Congress providing authority for 
DHS to conduct counter-unmanned aircraft systems (C-UAS) operations. 
Detection efforts and C-UAS deployments during the past 2 years have 
confirmed that the threat from unmanned aircraft systems (UAS) is real 
and significant. Components are combating a multitude of threats from 
malicious and errant UAS operators, including thousands of illegal 
cross-border flights every year, surveillance of our agents and 
operations, conveyance of contraband across the border, and the 
potential for drones to cause disruptions at airports and other 
critical infrastructure with great economic impact. DHS has deployed C-
UAS equipment more than 250 times to protect senior government leaders, 
Special Event Assessment Rating events, National Special Security 
Events, the southern border, and other sensitive federally protected 
facilities.
    We look forward to engaging with you, your staff, and other key 
stakeholders in the near future regarding the recently submitted C-UAS 
legislative proposal.
                               conclusion
    It is among the greatest privileges of my career to represent and 
work alongside the dedicated public servants who are DHS and who work 
tirelessly, selflessly, and often at great personal sacrifice to 
execute our critical mission. The fiscal year 2023 President's Budget 
requests the necessary funding and authorities for the Department to 
carry out its wide-ranging mission and to remain vigilant to defend 
against and combat a dynamic threat landscape, while protecting 
privacy, civil rights, and civil liberties.
    Thank you for the opportunity to appear before you and to discuss 
the Department's fiscal year 2023 Budget request. I look forward to 
taking your questions.

                         TITLE 42: CONSEQUENCES

    Senator Murphy. Thank you very much, Mr. Secretary.
    Again, let me pass along my thanks to your team which is 
just doing extraordinary work every day to protect this nation.
    Let me try to level set a bit on what the consequences have 
been at the border while we've had the Title 42 authority in 
place because I'm sure there will be questions at this hearing 
about it.
    First, Title 42 is a public health authority, not an 
immigration authority, correct?
    Secretary Mayorkas. That is correct, Mr. Chairman. That 
authority rests in the Centers for Disease Control and 
Prevention, the CDC.
    Senator Murphy. Therefore, when a person arrives and DHS 
exercises Title 42 authority against an asylum seeker, are 
there any consequences if they come again to the border or are 
they just turned back around under Title 42 authority a second 
time?
    Secretary Mayorkas. Mr. Chairman, the Title 42 authority is 
imposed with respect to individuals who are encountered in 
between the port of entry, whether they are asylum seekers or 
not. I think that's very important.
    What happens is that the individuals actually are not 
removed. They are not in immigration enforcement proceedings. 
Rather, they are expelled. Therefore, they do not have a record 
in immigration enforcement proceedings, and what we have seen 
is an extraordinary rise in recidivism because there isn't 
really a consequence from a law enforcement perspective. There 
essentially is only a turnaround, and so while the numbers are 
very high, those are numbers that do not reflect the number of 
unique individuals encountered at the border but actually the 
number of encounters, including recidivism.
    Senator Murphy. So let me give you an example. If you have 
recidivism rates in a particular sector, like Rio Grande, that 
are 45 to 48 percent, that means that in that sector, if you 
had 8,000 encounters on a particular week, roughly 3,800, 
almost half of those encounters, are going to be repeat 
crossers. Is that a sort of correct understanding of how this 
works?
    Secretary Mayorkas. Yes, without ascribing to the 
particular math, which would take me too long, but in all 
candor with this committee, which I will always have, the 
number of unique encounters has increased, as well.
    Senator Murphy. Right. And I think that's just important 
for this committee to understand is that when you see these 
elevated numbers on the border, much of this is frankly a 
result of Title 42 authority which is essentially incentivizing 
individuals to come back over and over again to our border 
because Title 42 does not allow you to set in motion a set of 
potential criminal consequences for individuals that present at 
the border.
    So that will be my last question. If we get rid of title 42 
authority, return to sort of the foundational immigration law, 
there are both civil and potentially criminal consequence for 
individuals that repeatedly seek to enter the United States 
that are not available to you under Title 42, is that correct?
    Secretary Mayorkas. Mr. Chairman, a court has recently 
ordered that when Title 42 is in effect, we cannot use our 
enforcement authorities as fully as we had intended, but when 
Title 42 comes to an end, we will continue to enforce 
immigration law, both in the civil context and as the facts 
warrant, in the criminal context with criminal prosecutions.

                       COMBATTING DISINFORMATION

    Senator Murphy. I'm going to have a few more questions 
related to the border in the second round, but let me ask you 
one additional question on another topic and that is, as you 
mentioned, the elevated priority that you have placed on 
fighting domestic extremism.
    There's, as you know, a whistleblower complaint that was 
filed by a senior official at DHS alleging that he was asked to 
avoid intelligence assessments on white nationalists amongst 
other topics and this speaks to how fraught this work is, 
right? There are going to be Republicans when Democrats are 
running DHS who are going to worry that a focus on domestic 
terrorism and extremism will target voices to the right of the 
political spectrum just as there will be those in the 
Democratic Party who will worry that if a Republican is in 
charge of the Department of Homeland Security that the focus 
will be on those voices on the left or they will ignore threats 
on the right.
    How do you build an enhanced domestic terrorism focus at 
the department that avoids these political pitfalls? How do you 
make sure that you are standing up capacities that look at 
threats regardless of where they may happen to fall on the 
political spectrum because the legitimacy of this effort is 
dependent upon your ability to answer the questions that come 
from both sides on this work?
    Secretary Mayorkas. Mr. Chairman, there are a few 
foundational principles that are extraordinarily important to 
articulate in response to your question.
    The Department does not combat speech. The Department is 
involved in protecting the homeland, in protecting the security 
of the homeland, and we become involved when there is a 
connectivity to violence. That is our mission, and we have been 
executing on that mission for years and years since the 
commencement of this department.
    One of the threats is a threat of disinformation. We see it 
from Russia. We see it from the cartels. The peddling of 
disinformation threatens the security of the homeland, and when 
that threat is evident, that is when we become involved. We 
recently rolled out, albeit not as effectively as we had hoped, 
an effort, a working group to bring together the experts 
throughout our department to ensure that our ongoing work in 
combating disinformation is done in a way that does not 
infringe on free speech, a fundamental constitutional right 
embedded in the First Amendment, nor on the right of privacy or 
other civil rights and civil liberties.
    That is a core obligation of ours, and we set up a working 
group precisely to ensure that there are guardrails and 
protections in place to protect those fundamental rights.
    Senator Murphy. Thank you very much, Mr. Secretary.
    Senator Capito.
    Senator Capito. Thank you, Mr. Chairman.
    Thank you, Mr. Secretary. My first question is about your 
Disinformation Governance Board which you have downgraded now 
to a working group.
    First of all, the name in and of itself has, I think, 
implications to all of us. I heard all about this all over the 
weekend of concern of sort of an Orwellian, you know, policing 
of speech. You yourself have even admitted and you just 
repeated it here today that the roll-out of this has been 
vastly, you say, misunderstood.
    So I think, quite honestly, for the good of the rest of the 
department that now is a good time to abandon this ludicrous 
and much maligned idea. I wonder, you know, when you say that 
we have operational control of the border, is that 
definitionally disinformation because from a lot of our 
perspectives we don't believe that is true?
    So it seems such a subjective and undefined what 
disinformation is, I would challenge you to punt this and 
rethink for the reasons that you mentioned which are important 
reasons to try to deter violence following speech to make sure 
that the American people really understand what's going on 
here.
    So if you want to make a quick comment, fine, and then I'll 
get to my questions.
    Secretary Mayorkas. I do. Thank you very much, Ranking 
Member Capito. I certainly haven't downgraded this to a working 
group. That's what it is.
    Senator Capito. Well, it started as a board, though, right?
    Secretary Mayorkas. Well, you know, we can discuss the 
nomenclature, but the point is that the work is so very 
important to achieving the mission in a way that does not 
infringe on free speech, on civil rights and civil liberties, 
or on the right of privacy.
    Our work in this department in addressing disinformation 
that threatens the security of the homeland has been going on 
for almost 10 years. We asked the question within the 
Department what efforts do we have underway, what policies and 
procedures, what standards of conduct do we have in place to 
ensure that that vitally important homeland security work is 
done in a way that ensures that it does not infringe on 
fundamental rights, and the answer was inadequate.
    So we put together a working group to ensure that the 
guardrails are in place, that we have clear definitions and 
that we have good policies and practices in place to protect 
the very rights that also are our responsibility not to 
infringe upon.

                              DEPORTATIONS

    Senator Capito. These are very sensitive issues to 
Americans who believe fundamentally in the right to freedom of 
speech, you know that, and so I think the way that it's been 
rolled out, your explanation now, you know, we have FEMA, we 
have CBP and CISA who work on all these issues within your 
department right now.
    So I'm going to move to another issue. I want to talk about 
ICE enforcement and removal. We haven't been satisfied with the 
reports that you are generating now that don't give us, I don't 
think, a good sense of how many people are actually deported, 
how many people--you know, whether you're deporting more 
criminals or not. You're arguing that deportations for 
aggravated felonies have gone up, but we can't get behind the 
data.
    So I'm asking you right now will you commit to providing to 
this committee within 30 days all the raw data behind this 
report, at least to the extent that it was provided in 2020, so 
we can compare apples to apples of previous reports?
    Secretary Mayorkas. Ranking Member Capito, most certainly, 
and I'm very disappointed to hear that you feel that you 
haven't received the data that we are obligated to provide to 
you and this committee.
    Senator Capito. Right.
    Secretary Mayorkas. I certainly have some of it at my 
fingertips, if you'd like to----

                               DETENTION

    Senator Capito. I think it's more of a case of 
reconfiguring how the data is presented so we can't have an 
accurate view of where these numbers and how they compare to 
2020, but we can work with you on this over the next 30 days as 
we'll get those figures.
    I want to ask about the ICE bed cut because I think this is 
important. You have testified that you don't have the resources 
or you've mentioned you don't have the resources to really 
detain and hold people.
    We know that we have appropriated last year 34,000 beds but 
because of COVID, you only have those 75 percent occupied which 
is sort of ironic in that Title 42 is going away under a COVID 
national emergency, yet the ability to use all of your 
detention beds is stymied because of the COVID requirements by 
CDC. So that doesn't jive at all.
    How can you on the one hand say you don't have the 
resources and on the other hand come in with a budget that asks 
for funding for 9,000 fewer beds?
    Secretary Mayorkas. Ranking Member Capito, first of all, we 
are awaiting new CDC guidelines with respect to our use of 
detention space. Secondly I have to take a step back, because 
when we look at the challenge of the border, which has been an 
enduring challenge, certainly since DHS was created, whether 
it's 24,000 beds, 25,000 beds, 31,000 beds, that's not going to 
address the challenge at the border.
    There's unanimity in the view that the immigration system 
is broken and we need Congress to fix it. That's the 
fundamental enduring response to the problem. In the meantime, 
as I identified in our six lines of effort that define our 
months-long preparation and planning for the end of Title 42, 
the CDC's authority, what we are looking gets to at more 
fundamental solutions, such as working with countries to the 
south to ensure that they manage their respective borders, that 
they provide humanitarian relief and stability to people who 
qualify under their laws and repatriate individuals who don't.
    The challenge that we are encountering at the border is not 
ours alone. This is a regional problem. There are more than 1.8 
million Venezuelans in Colombia. In the small country of Costa 
Rica, that population, the population of that small country, is 
approximately 2 percent Nicaraguan right now and growing 
rapidly.
    This is a regional problem, and we have got to get to the 
heart of its cause.
    Senator Capito. And I would just add, I know I'm over my 
time, that deterrence is something that I don't think you've 
placed enough emphasis on.
    One of the deterrents is detention. Instead of putting 
alternatives to detention where you put a bracelet, where 
there's 260,000 people in this country under this alternative 
to detention and that number is growing, that's not a 
deterrent, and you stated over on the House side that you're 
deporting folks but after they have their asylum claims, but 
you didn't leave the--this is after six to 8 years after 
they've been in the country waiting for their claim.
    So thank you, Mr. Chairman.
    Secretary Mayorkas. I look forward to responding to that, 
Ranking Member Capito, because that six-to-eight-year period 
indeed has been a problem for years and years, not just in the 
past Administration, all 4 years of the past Administration, 
but earlier than that, too. We are the first Administration to 
tackle that issue and to promulgate the asylum officer rule 
that will take that six-to-eight-year period and reduce it to 
under a year.
    Senator Murphy. Senator Shaheen.

                           H-2B VISA PROGRAM

    Senator Shaheen. Thank you, Mr. Chairman.
    Mr. Secretary, thank you for being here this morning, and 
thank you for all of the work that you and everyone at the 
Department of Homeland Security are doing in these challenging 
times.
    Everywhere I go and I saw a report on the news this morning 
that we have about two jobs for every worker in the United 
States who's interested in working right now who's unemployed, 
and there's a connection, I believe, between the most 
restrictive immigration policies in my memory that we've had 
for the last 5 years and our ability to get the workforce that 
we need which is critical if we're going to continue to be 
competitive and have a strong economy.
    One of those areas of immigration that we have businesses 
in New Hampshire that rely on is the H-2B Visa Program and I 
very much appreciated the Administration's decision to provide 
35,000 additional visas for the second half of fiscal year 
2022, but I'm really concerned that despite having this 
announcement a month ago, these visas still have not been made 
available and so we have employers who are looking at for 
seasonal work in particular, looking at the season coming up. 
They don't know if they're going to have their visa workers and 
for many businesses these are workers who have come back year 
after year. They're not planning to stay in the United States. 
They don't take jobs away from other people who want them.
    How do we move this along? Why is the Administration taking 
so long to release these additional visas?
    Secretary Mayorkas. Senator Shaheen, thank you very much 
for your question about the H-2B Program.
    We actually have moved with lightning speed in the 
promulgation of the regulation to issue 35,000 new visas in the 
second half of this fiscal year. That regulation is with the 
Office of Information and Regulatory Affairs (OIRA) now and we 
expect it to become public within the next two weeks.
    We have moved as quickly as possible, and we have an 
extraordinary workforce dedicated to promulgating regulations 
as quickly as possible. Fundamentally, if I may, Senator 
Shaheen, here's another example of a dire need to fix our 
broken immigration system, including the H-2B Program.
    Senator Shaheen. I couldn't agree more. I think it's a 
disaster and it needs fixing and it needs bipartisan support to 
do that.
    I would just point out, though, it's my understanding that 
the visas were intended for employees to begin work on April 
1st and we are way past that at this point.
    So for those employers who are calling our office saying 
what's going on, where are our employees, what can we tell them 
that they can expect?
    Secretary Mayorkas. We expect the rule to issue within the 
next two weeks, Senator.
    Senator Shaheen. And what does that mean in terms of the 
ability of people to get here on the ground?
    Secretary Mayorkas. I will follow up with your office, 
Senator, to get you precise information so that the employers 
in your jurisdiction and your state have the certainty that 
they need to make their business plans.

                           DRUG INTERDICTION

    Senator Shaheen. Thank you very much. You know, our season 
starts Memorial Day, so we don't have a lot of time.
    One of the other concerns that I have is the continuing 
challenge of the opioid epidemic which now is, as we know, much 
broader than opioids. It includes meth and other drugs, but 
fentanyl is the big killer that we're still seeing, and I know 
that you have included in your budget a plan to add additional 
screening of trucks coming across the border.
    Can you tell us a little bit about that and what we can do 
to ensure that we're doing everything possible to interdict 
that fentanyl and other drugs that are such a scourge on our 
population?
    Secretary Mayorkas. Senator, the majority of drugs that are 
sought to be trafficked into the United States are sought to be 
trafficked into the United States through the ports of entry.
    There is miscommunication with respect to that undeniable 
fact. The effort is not focused in between the ports of entry 
but, rather, at the ports of entry, and we have intensified our 
use of technology, nonintrusive inspection technology, to 
identify when drugs are sought to be trafficked through the 
ports of entry. We have a unique effort underway that we also 
are intensifying, forward operating laboratories, so that we 
have the ability not only to detect but also to analyze and 
identify controlled substances and to interdict them.
    Our interdiction numbers are exponentially higher than they 
were in the prior 4 years.
    Senator Shaheen. And can that non-intrusive screening 
detect fentanyl which, you know, can be in such small tablets 
in any place in a vehicle that's----
    Secretary Mayorkas. It is remarkable in its capabilities. I 
was in Miami, Florida, a few weeks ago seeing it in action. I, 
of course, traveled to the border eight or nine times during my 
14-month tenure and have seen it operating in other ports of 
entry along the southern border and its detection capabilities 
are really remarkable, and I must say, so is the expertise of 
the CBP personnel who operate it.
    Senator Shaheen. Thank you very much. Thank you, Mr. 
Chairman.
    Senator Murphy. Senator Kennedy.

                    DISINFORMATION GOVERNANCE BOARD

    Senator Kennedy. Thank you, Mr. Chairman.
    Welcome, Mr. Secretary. It's nice to see you again.
    Secretary Mayorkas. Thank you, Senator. Likewise.
    Senator Kennedy. I think you're a nice man and I mean that. 
I am in awe of Ms. Jankowicz. I have watched her with slack-
jawed astonishment. Who picked her?
    Secretary Mayorkas. Senator Kennedy, it's nice to see you, 
as well. DHS selected Ms. Jankowicz.
    Senator Kennedy. Who at the department picked her?
    Secretary Mayorkas. Senator, we don't discuss our hiring, 
our internal hiring processes, but I am the Secretary of 
Homeland Security and ultimately, I am responsible.
    Senator Kennedy. When the department picked her, did it 
know that she had said that Mr. Hunter Biden's laptop is 
Russian disinformation?
    Secretary Mayorkas. Senator, let me repeat myself and add 
one other fact. I was not aware of that. We do not discuss the 
internal hiring process. Ultimately, it's the Secretary. I'm 
responsible for the decisions of DHS.
    Senator Kennedy. When the department picked Ms. Jankowicz, 
did it know that she had vouched for the veracity of the Steele 
dossier?
    Secretary Mayorkas. Senator, let me repeat myself and add 
an additional fact. One, we do not discuss internal hiring 
processes. Two, I was not aware of that fact. Three, as the 
Secretary of Homeland Security, I am responsible for the 
decisions of the Department, and, four, it is my understanding 
that Ms. Jankowicz is a subject matter expert in the field in 
which she will be working on behalf of the Department.
    Senator Kennedy. I can tell. When the department picked 
her, was the department aware of her TikTok videos? They're 
really quite precocious.
    Secretary Mayorkas. Senator, I was not aware of those 
videos. I, as the Secretary, am responsible for the decisions 
of the Department. The Department does not discuss its internal 
hiring processes.
    Senator Kennedy. Well, how will this DGB work? For example, 
when President Obama said with respect to Obamacare, when he 
said if you like your doctor, you can keep your doctor, is that 
something that the DGB will investigate?
    Secretary Mayorkas. Senator, the working group that we 
named the Disinformation Governance Board does not have 
operational authority and does not have operational capability. 
There's a more fundamental principle that really strikes at the 
question that you have posed and that is that our mission is to 
protect the security of the homeland. We address disinformation 
when it threatens the security of the homeland.
    For example,----
    Senator Kennedy. Okay. Let me interrupt you, Mr. Secretary, 
because I don't have much time.
    I would like to hear that example and perhaps we can talk 
privately.
    I want to continue probing how your DGB will work. When 
President Clinton was being investigated for having an affair 
with a White House intern and he said, ``I did not have sex 
with that woman, Ms. Lewinski,'' is that something the DGB 
would investigate?
    Secretary Mayorkas. Senator, again, let me be clear that 
the Department's responsibility is to address disinformation 
that threatens the security of the homeland, and, importantly, 
the working group was established because this disinformation 
work has been ongoing for nearly 10 years. The working group 
was established precisely to protect against the infringement 
on individuals' First Amendment rights, precisely to protect 
the right of privacy.
    Senator Kennedy. Can I ask you a couple more before I run 
out of time? I think the Chairman may let me go over a minute. 
I hope he does.
    Will the DGB be given its own place, its own enforcement 
powers?
    Secretary Mayorkas. Senator, as I've articulated, the 
working group does not have operational authority or 
capability. Its purpose is to make sure that the work that is 
underway in protecting the homeland that has been executed for 
nearly 10 years is done within guardrails according to policies 
and standards that ensure that that work does not infringe on 
peoples' fundamental First Amendment rights,--right of privacy, 
civil rights, and civil liberties.
    Senator Kennedy. Right. Yeah. The government's going to 
tell us what's true. What could possibly go wrong? Can I ask 
you one last question?
    Secretary Mayorkas. Of course, and that is quite incorrect. 
That is quite incorrect.
    Senator Kennedy. Is the DGB going to accept referrals from 
the public or people can call in and say I think Senator so and 
so said something untrue and I want you to subpoena him?
    Secretary Mayorkas. Senator, it is so very important that I 
correct a misstatement that you made that DHS is going to be 
the truth police. That is the farthest thing from the truth.
    We protect the security of the homeland and, once again, 
allow me to articulate what I have said previously, which is 
that the working group does not have operational capability and 
authority. It is to make sure that there are policies in place, 
standards in place to protect the very rights about which you 
inquire.
    Senator Kennedy. Mr. Chairman, this will be my last 
comment.
    Mr. Secretary, I meant what I said. It is nice to see you 
and I do think you're a nice man, but I would call me as soon 
as you get back to the office and I would ask that person who 
recommended Ms. Jankowicz to you and I would fire him on the 
spot.
    Senator Murphy. Senator Hyde-Smith.
    Secretary Mayorkas. Good morning, Senator.

                       LIGHT ENFORCEMENT AIRCRAFT

    Senator Hyde-Smith. Thank you, Mr. Chairman.
    Mr. Secretary, as you've mentioned, equipping our Border 
Patrol with the workforce tools and technology needed to secure 
our borders is vital to meet the growing crisis that we face on 
our southwest border, and I'm sure you're aware that the CBP's 
light enforcement helicopter fleet is critical to providing 
surveillance and supporting Border Patrol agents on the ground 
disrupting unlawful activity.
    The fiscal year 2022 Omnibus included nearly $10 million 
for light enforcement helicopters. These funds will purchase 
two rotary wing aircrafts to replace the existing rundown 
helicopters. Many of the helicopters in the current fleet are 
near the end of their life cycle.
    Mr. Secretary, this year's budget request includes $20.5 
million to support CBP's light enforcement platform aircraft. 
Will this include a focus on rotary wing aircraft, and have you 
been able to ride on one of these helicopters just by chance, 
and, if not, I would like to invite you to do that, but my 
question is will this include a focus on rotary wing aircraft?
    Secretary Mayorkas. Senator, I do not know the answer to 
your precise question I apologize for that, and I will follow 
up. I will say that we are investing in aircraft. We are 
investing in technology that is an extraordinary force 
multiplier to achieve border security. CBP's Air and Marine 
Operations is an extraordinary force in achieving that security 
and its personnel are remarkable in their dedication and 
talent.
    I look forward to following up on your precise question.

                           MIGRANT ENCOUNTERS

    Senator Hyde-Smith. Thank you. I appreciate that. Like many 
of my colleagues, I've traveled to the southwest border and 
seen the work the Border Patrol agents do on a daily basis, an 
unbelievable task.
    We've heard statistics of border security operations under 
your leadership versus previous DHS Secretaries. During the 
month of March, there were 220,000 encounters at the southwest 
border, 220,000.
    As Secretary of Homeland Security, would you consider the 
220,000 migrant encounters in March a threat to the homeland 
security?
    Secretary Mayorkas. Senator, let me, if I can, articulate 
something. I'm not sure that you heard me earlier this morning 
say that the number of encounters does not equal the number of 
unique individuals encountered at the border, because under 
Title 42, the CDC's public health authority, individuals are 
expelled. They are not placed in immigration and enforcement 
proceedings. That expulsion and the fact that they haven't been 
in enforcement proceedings allows for a high level of 
recidivism.
    We have a responsibility to secure our borders----
    Senator Hyde-Smith. So do you think those who were 
encountered is a threat to our homeland security?
    Secretary Mayorkas [continuing]. Senator, allow me, if I 
may, to say that it is our responsibility to secure our border 
consistent with our laws and that is precisely what we do.
    If an individual is encountered at the border and makes a 
claim for asylum relief under our laws and his or her claim 
fails before an immigration judge, then we remove that 
individual.
    Senator Hyde-Smith. I understand that.
    That word ``encounter,'' do you think it is a threat to our 
homeland security?
    Secretary Mayorkas. I believe that I have answered your 
question that we enforce the law that Congress has passed, and 
the law provides that individuals who are encountered and who 
do not make a claim for relief are removed promptly.
    Senator Hyde-Smith. So you're not answering the question, 
though.
    Secretary Mayorkas. I believe that I am. If I may, Senator, 
those who do not make a claim for relief and who do not have a 
basis to remain in the United States, or those who do make a 
claim for asylum and whose claim does not prevail before an 
immigration judge, are removed from the United States.
    Senator Hyde-Smith. But the number of encounters, whatever 
that number is, the number of encounters, do you think that is 
a threat to our homeland security?
    Secretary Mayorkas. Senator, I believe that CBP, the 
extraordinary 23,000 individuals on our border now and more 
coming through our intensifying efforts, ensures that there is 
not a threat at our border through its enforcement----
    Senator Hyde-Smith. So you don't think there's a threat at 
the border?
    Secretary Mayorkas [continuing]. Through its enforcement of 
immigration law that Congress has passed.
    Senator Hyde-Smith. So you don't think it's a threat to the 
homeland security is what you're saying?
    At what point in your judgment does the growing number of 
encounters become a threat to our homeland security?
    Secretary Mayorkas. Senator, what I believe is that the 
encounters that we are experiencing now are placing a strain on 
our resources, which is why we have such a comprehensive plan 
that we are executing to address that challenge. It has six 
border security pillars, six vital lines of effort that we have 
been executing since September of last year. If indeed we 
experience greater numbers, it will place a further strain on 
our resources.
    We are looking at how we could address that further strain. 
Some of those six pillars get to the heart of the matter, 
working, for example, with our partners to the south of our 
border so that they manage their respective borders.
    Senator Hyde-Smith. But at what point do you say that it's 
a threat to homeland security? You're saying because you had 
these people in place that there is not a threat at this time--
because they're doing their job and they're in place, it's not 
a threat.
    Secretary Mayorkas. Senator, it is our responsibility to 
ensure that a threat does not materialize. That is why we have 
such a comprehensive plan to address what could be an 
increasing challenge at our border, and we are working in 
partnership with countries to the south not only to manage 
their respective borders, but also to tackle the transnational 
criminal organizations and the smuggling operations. 
Fundamentally, I have heard the articulation of a problem at 
the border and yet no enduring solution because the enduring 
solution is legislation, and everyone agrees that the 
immigration system is broken and so----
    Senator Hyde-Smith. Closing the border would not be a 
solution?
    Secretary Mayorkas. [continuing]. Senator that would be a 
dramatic change in law, given the laws that Congress has 
passed.
    Senator Hyde-Smith. Thank you.
    Senator Murphy. Senator Hoeven.
    Senator Hoeven. Just to follow up on Senator Hyde-Smith's 
question. You're talking about more legislation. Why don't you 
enforce the tools you have? Why don't you enforce the Remain in 
Mexico policy? Why don't you enforce the Third Safe Country 
agreements? Why don't you keep Public Health Order 42 in place? 
And why don't you finish building the wall so that your Customs 
and Border Patrol officers and the Border Patrol can actually 
get control of the border? Why not enforce the laws that you 
have now instead of sitting there asking for new ones?
    Secretary Mayorkas. Senator, I'm grateful for your 
questions because we are indeed enforcing the laws.
    Senator Hoeven. The statistics would say otherwise. 1.7 
million illegal encounters last year, more than one million so 
far this year.
    Are you going to sit there and pretend that's not going on 
and say that you're actually enforcing the law?
    Secretary Mayorkas. Oh, we most certainly are, Senator, and 
let me share with you how we are doing so. Please remember that 
the Title 42 authority is not an immigration law. It is a 
public health authority that rests in the exclusive 
jurisdiction of the CDC. The CDC decides whether the public 
health imperative compels Title 42 to remain in place or not 
and it has made a decision----
    Senator Hoeven. You don't need to explain what it is to me. 
My question to you is when the Administration lifts it and 
you're already at more than a million illegal encounters this 
year, what are you going to do because that number's going to 
go up dramatically? So you're content to let these numbers 
continue to escalate?
    Secretary Mayorkas. Oh, absolutely not, Senator, and allow 
me to share with you exactly what we are doing.
    Number 1, we are surging resources, personnel, 
transportation, medical support, and facilities. Number 2, we 
are increasing and enhancing CBP processing efficiency through 
enhanced central processing----
    Senator Hoeven. Meaning you're just going to have more 
people come across faster. Your plan is designed to have more 
people come across faster. Is that what you're saying?
    Secretary Mayorkas. [continuing]. No, quite the contrary. 
Number 3, we are imposing consequences, expedited removal, 
criminal prosecutions with----
    Senator Hoeven. Let me ask you this question. The Supreme 
Court told you to enforce the Migrant Protection Protocol. That 
decision came down in August. Why are you not enforcing it?
    Secretary Mayorkas. Senator, I'll have to get back to you 
on what the----
    Senator Hoeven. The Remain in Mexico Policy and the Third 
Safe Country Agreements. Why are you not enforcing them?
    Even if you disregard Public Health Order 42, which you're 
trying to do, why are you not enforcing Remain in Mexico and 
Third Safe Country?
    Secretary Mayorkas. Oh, we are enforcing the Remain in 
Mexico Program.
    Senator Hoeven. How many people through Remain in Mexico 
have you enforced under the Supreme Court directive? Because 
last I checked, it was about 400 people total.
    Secretary Mayorkas. Senator, I will get you the precise 
data, but let me share with you a very important point that 
undergirds our implementation of the Remain in Mexico Program, 
which is formally known as the Migrant Protection Protocols.
    We require the agreement of the Sovereign Nation of Mexico 
and we have negotiated for the implementation of that----
    Senator Hoeven. Which you said you had in December.
    Secretary Mayorkas. We continue to implement it under----
    Senator Hoeven. How many people have you required to remain 
in Mexico under that protocol?
    Secretary Mayorkas. I look forward to providing that data 
to you, Senator.
    Senator Hoeven. All right. Do you have preparations in your 
budget if Public Health Order 42 is lifted and how many more 
illegal encounters do you anticipate having? Right now you're 
up to a million in the first half of the year. What do you 
anticipate when you lift Public Health Order 42?
    Secretary Mayorkas. Senator, thank you. So, first of all, 
allow me to express my appreciation to Congress for the 
appropriation that we received in fiscal year 2022 to address 
the number of encounters at the border.
    In the service of fiscal responsibility and our 
responsibility to secure the border, we are utilizing those 
funds and we, of course, provided a spending plan as to how we 
are doing so.
    We also are looking at what our resources are within the 
Department.
    Senator Hoeven. The plan, the six-point plan that you put 
forward is simply a plan to have more people come through 
faster and to process them quicker. It was not a plan to deter 
people from coming across illegally.
    Let me ask you one other question. I was down in the Rio 
Grande Sector last year and I just got back the week before 
last from the Del Rio Sector and Del Rio Sector is now 
overtaking the Rio Grande Sector for having the most people 
crossing illegally and they have far fewer resources than the 
Rio Grande Sector.
    Last year when I was at the Rio Grande Sector, CBP officers 
said people were coming in illegally from 50 different 
countries, 50 different countries. This year when I was down at 
the Del Rio Sector, you know how many countries they said 
people were coming in from illegally? Do you know how many? 
Have you had the briefing? 100 countries. Last year 50 
countries, this year a hundred countries.
    How can you say what you're doing is in any way effective, 
and are you the least bit concerned that people are coming in 
here illegally from a hundred different countries? You don't 
think that's a problem? You don't think that creates drug 
issues, human trafficking, and risks of terrorists? Is that 
what you're telling us?
    Secretary Mayorkas. Senator, I have a number of responses. 
If I may, Mr. Chairman?
    I'm not exactly sure how you can say that targeting and 
disrupting transnational criminal organizations and smuggling 
operations actually invites migration. I'm not exactly sure how 
you can say that deterring irregular migration by having 
partners to the south of our border interdict migrants and 
manage their respective----
    Senator Hoeven. How can you disregard the simple numbers? 
That doesn't even include the got-aways which could be another 
40 percent more.
    Secretary Mayorkas. Mr. Chairman, may I----
    Senator Murphy. I'll let the witness respond, but the 
Senator's time has expired.
    Secretary Mayorkas [continuing]. The point about 
individuals coming from different countries around the world 
underscores a very, very important point that I articulated at 
the outset, that the challenge of migration that the United 
States is experiencing is not exclusive to the United States, 
and in fact it is not exclusive to even the Western Hemisphere.
    This is a global challenge. We have seen unprecedented 
numbers of displaced persons around the world. Senator, I am 
confident that you would not have me propose that we return 
Ukrainians encountered at the border to Ukraine. This world is 
experiencing conflict. This world is experiencing economic 
downturn, violence in particular countries, authoritarian 
regimes.
    I am confident that--perhaps I shouldn't be--that at least 
some colleagues would not want us to return all Cubans that we 
encounter at the border because of their claims of fear of 
persecution by reason of the authoritarian regime there. Quite 
frankly, it is that flight from that authoritarian regime that 
lands me here in this country serving our country for more than 
20 years.
    Senator Hoeven. Your Border Patrol and Customs and Border 
Protection professionals will tell you that they could secure 
the border if you would enforce the tools and the laws that you 
have. You're not doing it.

      ILLEGAL WEAPONS TRAFFICKING INTO MEXICO AND CENTRAL AMERICA

    Senator Murphy. The Senator's time has expired.
    Thank you, Senator Hoeven.
    I don't see any other colleagues here. I have one 
additional question for you, Mr. Secretary. You've had a long 
couple weeks. I think this is your last stop in preparation for 
the budget process.
    I wanted to talk to you about the investments that we're 
making in our ports of entry because, I think as you correctly 
noted to Senator Shaheen, when it comes to illegal flows of 
goods, those flows move through the ports of entry, not through 
the points in between.
    Mexico has one single gun store and it's on a military 
base. So it's not surprising that almost none of the guns that 
are used to commit crimes in Mexico come from Mexican gun 
stores. In fact, 70 percent of the guns that are used in crimes 
in Mexico come from the United States. 50 percent of the guns 
used for crimes in Honduras and El Salvador come from the 
United States.
    There is this vicious cycle of violence that exists whereby 
guns and firearms from the United States illegally trafficked 
into Mexico and Central America are used to commit an epidemic 
level of violent crime which then creates the conditions upon 
which individuals flee to the United States and present at the 
border.
    Just an absolute stunning number of illegal weapons moving 
from the United States into Mexico and down into Central 
America.
    How can the investments that you are asking for at our 
ports of entry help you identify the goods that are moving out 
of the United States into Mexico and Central America, in 
addition to the goods that are moving the other direction? 
What's the comprehensive strategy to try to deal with this iron 
pipeline of illegal weapons that are fueling the violence in 
Mexico and Central America?
    Secretary Mayorkas. Mr. Chairman, this is a challenge that 
I have addressed with my counterparts in different countries 
south of our border. You correctly identified the flow of 
firearms south from the United States as a problem that we need 
to address, and in fact are addressing.
    I would like to share with you that it is not only through 
the work at the ports of entry that we are tackling this 
challenge, but we actually also are doing it with our Homeland 
Security Investigations personnel.
    We have a number of operations in place. I would look 
forward to providing you with greater information, given its 
law enforcement-sensitive nature.
    Senator Murphy. Great. Just two additional comments and 
then I'll recognize Senator Murkowski.
    You know, no matter how many times you say that this 
governance board is a truth police or a censorship bureau, it 
doesn't make it true. It just doesn't make it true, and folks 
can try to make this out into something that it is not, but 
we've got a serious problem with foreign misinformation in this 
country, and I guess you could argue that we should stand down 
and let the Russians pollute America with dangerous 
misinformation about the war in Ukraine. I don't want our 
government to stand down given those threats.
    Second, you were very careful in answering Senator Hyde-
Smith's questions about whether these migrants present a 
threat. I'll just give you a data point. Immigrants to this 
country commit violent crimes at a rate much lower than that of 
individuals born in America. In fact, undocumented immigrants 
in America commit crimes at a lower rate than those that were 
born in America. That's not an aspersion on folks that were 
born in this country. I include myself on that list. It is just 
a fact of the matter that this notion that there is an elevated 
threat to the homeland from people who are seeking refuge and 
asylum in this nation. It's just a fact that the data suggests 
that in fact there is no greater threat, in fact a lesser 
threat of violence from those individuals than there are from 
individuals who began their life in the United States.
    Senator Murkowski.

                           H-2B VISA PROGRAM

    Senator Murkowski. Thank you. Thank you, Mr. Chairman.
    Secretary, welcome. I am sorry that I haven't been here for 
much of the exchange. We've got multiple appropriations 
hearings going on, and I understand that you were asked a 
question from Senator Shaheen with regard to H-2B visas.
    As you know, we've had multiple conversations critically 
important to us in the state. The salmon are going to be 
hitting us in a couple months here and we need the workers and 
the H-2B workers have been a critical piece of how we're able 
to advance our strong fisheries.
    I do appreciate the announcement of 35,000 additional visas 
in March, but we're now into May. We still don't have a final 
rule and again we've got seafood processers as well as tourism 
businesses that need to apply for the announced visas, and I'm 
wondering if you have identified when exactly the rule will be 
released, the final rule.
    Secretary Mayorkas. Thank you, Senator. The rule is with 
OIRA now. We worked as expeditiously as possible to get it out 
to the public. Given the urgency that you have identified and 
that we well understand, and to echo, I expect that it will be 
issued in its final form within the next two weeks. I will 
provide to you, as I represented to Senator Shaheen, more 
precision subsequent to this hearing.
    Senator Murkowski. Okay. I appreciate that, and I would 
just urge two weeks is really a long time for us as I think I 
have made clear. So if that can be expedited in any way, I will 
look forward to following up with you to get more specificity 
on that.
    Very quickly with regard to Coast Guard and icebreakers, we 
have been told that we are going to see a gap here with regard 
to the Polar Security Cutters coming online as a consequence of 
what we have seen with delays last year.
    The President's budget includes procuring a commercially-
available icebreaker. I've been told that if it is purchased 
and if the Coast Guard receives the legislative request that we 
included in the Coast Guard Authorization Act, we could have a 
vessel operational within 18 to 24 months.
    So I'm just asking if you can commit to overseeing that 
timeline to ensure that we're not going to have this 
significant gap between now and 2027 when that first U.S.-made 
Polar Security Cutter comes online.
    Secretary Mayorkas. I most certainly can, Senator. I well 
understand the importance of the ice cutters, and this 
commercially available cutter is a bridge to that period. I 
commit to you to oversee the timeframe to make sure that that 
bridge is delivered in the fashion that you've identified as 
needed.

             U.S. COAST GUARD FUNDING FOR CHILDCARE CENTERS

    Senator Murkowski. Good. I appreciate that. One more on 
Coast Guard then quickly. The Coast Guard Unfunded Priorities 
List included requests for childcare subsidiary increases and 
additional funds to Kodiak's Child Development Center. We 
mostly funded that through the infrastructure law.
    I am encouraged the Coast Guard is prioritizing these, but 
it's curious that they didn't make it into the final budget, 
and as I'm talking to Coasties all over but most certainly in 
Alaska, they are raising this as key to the retention.
    I'm just curious as to whether or not there was a reason 
that it didn't make it into the final budget.
    Secretary Mayorkas. Senator, I'm going to have to follow up 
with you. Forgive me. I don't know the answer with respect to 
the disposition of childcare centers funding in the U.S. Coast 
Guard request.

                      RESOURCES FOR IMMIGRANT CARE

    Senator Murkowski. Fair enough. We will look forward to a 
follow-up there.
    So you have recently confirmed that the department is in 
talks with the Department of Veterans Affairs to possibly 
divert resources, whether it's doctors, nurses, the like, to 
care for immigrants, some of whom have entered the country 
illegally at the southern border.
    It seems to me that revoking Title 42 is going to be 
creating more problems than it will resolve, and if in fact 
this proposal moves forward, it's going to be the veterans that 
would pay the price, and in Alaska we have significant 
shortages in key areas within our VA system.
    So the question is, is why the department would ask the VA 
to reallocate resources with regards to doctors and nurses that 
are taking care of our vets, particularly when they are in an 
overstretched VA system right now? Can you tell me why we're 
even considering this at all?
    Secretary Mayorkas. Senator, I didn't know the answer at 
the time in my prior hearing. I know the answer this morning, 
and we are not making that request of the Veterans Affairs 
Department. The Veterans Affairs Department will not be 
allocating resources to the border.
    Senator Murkowski. That will be a huge relief to the 
veterans in my state. Thank you.
    Thank you, Mr. Chairman.
    Senator Murphy. Thank you, Senator Murkowski.
    Senator Murray.

                    USCIS WORK AUTHORIZATION BACKLOG

    Senator Murray. Thank you, Mr. Chairman.
    Welcome, Secretary Mayorkas.
    Senator Murray. Good morning.
    Senator Murray. Good to see you. In recent years Congress 
has appropriated substantial funding to reduce the backlogs at 
USCIS. Those backlogs can mean a work authorization does not 
get renewed in time and an applicant falls out of status and it 
could mean losing a job and being at risk of deportation just 
because of bureaucratic delays.
    We need an immigration system that works. So how has USCIS 
used that funding to reduce the backlog?
    Secretary Mayorkas. Senator, your question goes to a very 
important and significant challenge that we are encountering. 
It's not just that we inherited a broken immigration system but 
we inherited a broken immigration system that also was 
dismantled. The agency responsible for work authorizations, 
U.S. Citizenship and Immigration Services (USCIS), was on the 
brink of bankruptcy, and it is funded, as you well know and as 
we have discussed in the past, through fee rules. We are 
working on a fee rule to fund that agency.
    In addition, the agency just announced the promulgation of 
a rule to extend work authorization precisely for the reason 
that you have identified. We also, of course, are requesting 
appropriated funds to assist us in working through the backlog, 
additional dollars in the fiscal year 2023 President's Budget.
    Senator Murray. Yes, I saw that and I appreciate it. What 
strategies are in place to make sure that that funding is used 
effectively to reduce those backlogs?
    Secretary Mayorkas. It's a multipronged approach, Senator 
Murray. It is additional personnel. It is processing 
efficiency, and it is efforts like the rule that is being 
promulgated to provide relief so that there isn't a gap in an 
individual's ability to continue to work when the law so 
permits.

                        DETENTION CENTER ISSUES

    Senator Murray. Okay. And I was really glad to see the 
Administration request less funding for detention beds in this 
budget. This is a step in the right direction, and I want to 
make sure we're doing everything we can to fix our broken 
immigration system, but I continue to hear that immigrants in 
detention centers are unable to have confidential conversations 
with their lawyers, send requested documents in a timely 
manner, or even have access to a functioning phone.
    Among the existing issues at detention centers, the lack of 
counsel, access to counsel really is unacceptable, and I wanted 
to ask you today how is the department making sure that 
individuals in detention centers have access to counsel?
    Secretary Mayorkas. Senator Murray, I've addressed this 
issue as recently as earlier this week. First, allow me to say 
that the conditions in detention facilities and compliance with 
our standards of detention, have been an area of focus under 
this Administration. In fact we have closed or curtailed the 
operations of facilities that have been consistent failures in 
adhering to our system.
    I spoke earlier this week with USCIS as well as with ICE 
about delivering greater access to counsel for people in 
facilities, how we can provide a greater level of space for 
private consultations, how we can have greater connectivity, 
whether through telephone or Internet. We are looking at all of 
the options with great urgency.
    Senator Murray. Okay. I appreciate that. And, finally, let 
me just turn to the asylum process. We need to be doing 
everything we can to reduce barriers to access, especially for 
people in more rural areas.
    One way to do that for people in my home state of 
Washington would be to conduct the asylum interviews in USCIS's 
field offices.
    Have you considered having asylum officers travel to field 
offices to conduct those interviews?
    Secretary Mayorkas. Senator, I will get back to you with 
respect to that particular proposal. I know that we are looking 
at a number of different ways of enhancing the efficiency of 
the asylum system. The asylum officer rule that we promulgated 
and that will go into effect at the end of this month is one 
important step.
    I will follow up. The Asylum Officer Corps has, of course, 
over the last year or so struggled given the Coronavirus 
Disease 2019 (COVID) restrictions, but I will need to get back 
to you on that particular proposal.
    Senator Murray. Okay. If you could find out for me and see 
if there's any barriers that prevent the department from doing 
that, I think that would be a great relief to a lot of folks.
    Secretary Mayorkas. Thank you, Senator. I will.
    Senator Murray. Thank you. Thank you very much. Thank you, 
Mr. Chairman.
    Senator Murphy. Senator Tester.

          NORTHERN BORDER REASSIGNMENTS OF U.S. BORDER PATROL

    Senator Tester. Alejandro Mayorkas, good to have you in 
front of us.
    Secretary Mayorkas. Good morning, Senator. Great to see 
you.
    Senator Tester. Are you having fun yet?
    Secretary Mayorkas. Senator, I am very fulfilled and very 
challenged and very proud to work alongside incredible people 
in the department.
    Senator Tester. Thanks. Thanks for your work. Thanks for 
being here. It's a tough job, maybe the toughest job in the 
Federal Government right now.
    There was a plan released that says that DHS will continue 
to augment CBP operations by bringing in law enforcement agents 
and officers from other parts of the country as needed.
    I've got a 155-mile border with Canada. Are we talking 
about reassigning northern agents to the southern border?
    Secretary Mayorkas. Senator, we indeed have employed 
temporary duty (TDY) of agents from the northern border. We are 
very mindful of the need to keep the northern border secure. 
We've made those decisions with that critical mission in mind 
and I should say that I've also worked very closely with our 
counterparts, my counterpart in Canada to ensure that there is 
no inadequacy in the security of the northern border when we 
divert resources.

              U.S. BORDER PATROL RETENTION AND RECRUITMENT

    Senator Tester. So as I've talked to some of the folks you 
have working on the northern border in particular, the 
reassignment has some impacts on retention. Truthfully, we've 
got people--I mean, it's tough on marriages when you're not 
living close to your family.
    So is DHS doing anything to reduce frequency of 
reassignments? Are you taking that into account?
    Secretary Mayorkas. Oh, we most certainly are, and you're 
absolutely right, Senator, that it puts a lot of strain on our 
Border Patrol agents and our Field Operations personnel. We're 
working on retention efforts. We're working on recruiting 
efforts. We are, of course, in the----
    Senator Tester. How are they going, by the way? How's 
recruitment going? How's retention going?
    Secretary Mayorkas. I can provide you with, specific data 
subsequent to this hearing, but this is an area of priority for 
us. It has been straining our personnel. The work of the Border 
Patrol agents and Field Office personnel is extraordinary.
    Senator Tester. Okay. So I will tell you we got a long ways 
to go and I say the same speech in front of the VA Committee, 
too. We've got to hire nurses and docs for the VA, but having 
being a former Ranking Member on this committee and now Chair 
of the Defense Committee, I can tell you that there's a lot of 
hires that have to be made.
    I really don't think it's smart to have the Defense 
Department down in the southern border. I don't think that's 
what they signed up for and so I would hope that--and I know 
you will--but we've really got to put the pedal to metal on 
this.
    Secretary Mayorkas. May I speak to that briefly, Senator?
    Senator Tester. Yes.
    Secretary Mayorkas. You know, DHS has relied on the 
National Guard every single year, I think since 2006. I may not 
have the precise year.
    Senator Tester. No doubt about it.
    Secretary Mayorkas. That is one of the reasons why, of 
course, that in our fiscal year 2023 budget, for the first time 
since 2011, we're asking for more Border Patrol agents.
    Our attrition rate, this is Department-wide, is 
approximately 5 percent thus far this fiscal year for CBP. As 
of April 9th, it's approximately three percent. I don't know, 
Senator, how to annualize that, but I will get the data to you 
and I do have Border Patrol hiring data.
    Senator Tester. So I think the point to be made here, and, 
look, it's hard to find employees in the private sector, it's 
hard to find employees everywhere, but the point to be made 
here is there is some urgency. There's been urgency for 15 
years, maybe longer, to get people to the border that are 
trained, qualified, and able to do the job. It's a different 
job.
    By the way, I applaud your efforts on the National Guard 
because it's a different job. It's a different job than the 
National Guard does and so that's important.
    When we're pulling folks off the northern border and 
putting them on the southern border, you know as well as I do 
that the bad guys know where the weakest link in the chain is, 
that's where they're going to go and they'll go to the northern 
border to come across if they want to do something bad.
    How do you stop that from being true? I mean, the focus is 
on the southern border rightfully so, I get it, but the truth 
is, is that the northern border could become a problem, too, if 
in fact these surges aren't operated correctly.
    Secretary Mayorkas. I would say that three prongs of action 
come immediately to mind.
    Number 1, extraordinarily talented personnel who know how 
to identify the threats and how to address them swiftly. Number 
2, technology is a force multiplier. Number 3, critical 
partnership with our Canadian counterparts to the north.

                           DRUG INTERDICTION

    Senator Tester. I got a statement and then I got--with the 
Chairman's consent. Our ports in Montana are still operating at 
reduced hours. We've got supply chain issues in this country. 
We got a lot of stuff out of Canada. We send a lot of stuff 
north to Canada. There's still some vaccine issues with truck 
drivers that I wish we could--I know it's a fight between the 
CDC, but we got supply chain issues and if we want to solve it, 
trucking is one of the ways to get products into this country.
    With reduced port hours and the mandate on vaccines, it's a 
problems and I'm not saying that people weren't doing this 
stuff with the best intentions, but I don't think we can have 
it both ways. Okay?
    The second thing I wanted to--and this is a question. So 
I'd like to get those ports opened up, if possible. A lot of 
talk about drugs, a lot of talk about drugs coming from the 
south in Montana. I heard Shaheen talk about it in New 
Hampshire. She may have talked about it earlier in this 
committee.
    The first question is, is are these coming through on 
backpacks of illegal immigrants? Are they coming through our 
ports in trucks and cars?
    Secretary Mayorkas. Senator, the narcotics come through 
primarily the ports or they're sought to come through primarily 
through the ports of entry in cars and trucks. We have 
interdicted more narcotics than ever over the past 4 years. 
We've done a remarkable job, and, interestingly, I've heard a 
lot of statistics about the rise in fentanyl. The number of 
opioid deaths, overdose deaths, in 2020 increased over 2019 by, 
I think, more than 50 percent.
    The opioid crisis has been an enduring crisis year-in and 
year-out, and we have got to tackle the underlying issues. In 
terms of the interdiction, we've done a better job than ever 
before, and that's once again because of the great work of CBP.
    Senator Tester. All right. Thank you.
    Senator Murphy. Senator Capito.

                    DISINFORMATION GOVERNANCE BOARD

    Senator Capito. Thank you.
    On that issue of narcotics, obviously my state has the 
highest percentage per capita of deaths by overdose from 
opioids, very, very sad situation, and it is coming from the 
southern border.
    So when you think about it, when you have this flood of 
humanity coming over and with, I think, not enough deterrence 
or no deterrence in some cases, it diverts your workforce away 
from interdicting these drugs because we know they're coming 
in.
    We also know that the more people that come in puts more 
money in the hands of the cartels which allows them to up their 
ability to have a more robust drug trade. So there is a 
correlation here and I'm concerned about that.
    I want to ask you--oh, I do want to make a quick comment, 
too, about the Disinformation Governance Board. I know that you 
have a large Office of Civil Rights and Civil Liberties. Why 
should we continue to fund them if you're creating a whole 
other--establishing a new board or working groups? What's wrong 
with what they're doing in this area?
    Secretary Mayorkas. So I'm going to respond to both 
questions in reverse order.
    Senator Capito. Okay.
    Secretary Mayorkas. I'll take the working group, the 
Disinformation Governance Board, which doesn't have its 
separate budget. What it is doing is drawing personnel from 
different parts of the Department, including from the Office 
for Civil Rights and Civil Liberties, the Privacy Office, and 
the Office of the General Counsel, by way of example, to make 
sure that these experts are developing the guidelines and 
standards that should have been in place for many years but 
haven't been, and to ensure that this critical mission-focused 
activity of stopping threats to the homeland that are created 
by disinformation intended to harm us is addressed in a way 
that does not infringe on fundamental rights.
    The Office for Civil Rights and Civil Liberties is involved 
in the working group, as are the other offices and the 
operators themselves. CBP, addresses disinformation propagated 
by the cartels, who provide disinformation for the expressed 
purpose of having migrants with false information come to our 
border.
    Senator Capito. But aren't you actually telling me that 
we're already doing this?
    Secretary Mayorkas. Senator, we've been doing the 
disinformation work for years, but what we haven't had are 
sufficient standards and policies in place and harmonized 
efforts so that the efforts in different parts of the 
Department are not in conflict with one another, that they 
abide by fundamental rights and responsibilities to make sure--
--

                           DRUG INTERDICTION

    Senator Capito. Let's go to the drug control question 
because I'm going to run out of time.
    Secretary Mayorkas. The drugs primarily are sought to be 
brought into the United States through the ports of entry.
    Senator Capito. Right.
    Secretary Mayorkas. Through the ports of entry, through the 
trucks and cars, and what we have done through the able use of 
technology and operational talent, such as the forward 
operating labs, is to interdict more drugs than in prior years.

                                TELEWORK

    Senator Capito. Right. I mean, we don't know--you don't 
know how much is getting through, but I can tell you it's 
getting through and it's getting through to a lot of places and 
causing lots of heartache.
    Let me ask you this. The 250,000 people that are so ably 
working at the Department of Homeland Security, and I express 
my appreciation to all of them, are they all back to work?
    Secretary Mayorkas. They are.
    Senator Capito. No remote?
    Secretary Mayorkas. I'm sorry. No.
    Senator Capito. Is there remote work still or are they all 
back in their offices?
    Secretary Mayorkas. There are different mechanisms--they're 
all working.
    Senator Murphy. I know. I'm asking if they're back 
physically to work.
    Secretary Mayorkas. No.
    Senator Capito. Lifted the restrictions.
    Secretary Mayorkas. Some of them are working remotely.
    Senator Capito. And why is that?
    Secretary Mayorkas. Because we believe in remote work as a 
capacity to deliver to workforce if the mission allows it, if 
the quality of the work is not compromised, as a benefit to 
our----
    Senator Capito. So that's been a permanent change that's 
going to occur. Is that what you're saying?
    Secretary Mayorkas. That's been ongoing for years, a move 
to----
    Senator Capito. Are more people remote working than there 
were before COVID?
    Secretary Mayorkas. I'd have to get that number for you, 
Senator.
    Senator Murphy. Okay.

                        USCIS PROPOSED FEE RULE

    Senator Capito. Okay. Really quick on the USCIS, the fee 
issue, you haven't moved forward with the new rule to help 
cover the costs. The last Administration proposed a fee 
increase but left-wing advocacy groups sued to block it in 
court and further limited the agency's resources. You've had 
to--you mentioned that they've made a special consideration for 
work permits because of the backlog.
    Are you planning on coming forward with a proposed fee 
increase? When would that be and how much cost would you be 
covering with that?
    Secretary Mayorkas. So our financial personnel at USCIS are 
working diligently to finalize a proposed fee rule.
    Senator Capito. And that will have a raise in the fee?
    Secretary Mayorkas. Oh, yes, yes, it would.
    Senator Capito. When would we expect that, do you think?
    Secretary Mayorkas. I can get to you the precise timeframe, 
Senator.

                          ASYLUM OFFICER RULE

    Senator Capito. Okay. Can I ask one last question? On the 
Asylum Officer Rule, you've put a lot of stock in this in your 
six-point plan that this is going to have a great effect of 
expediting the asylum claims and the removal.
    So if somebody comes through an asylum officer, they have 
to have their claim heard. You said, I think, within 24 months, 
is that--was it 2 years or 1 year?
    Secretary Mayorkas. Senator, I've set forth in the 
memorandum that I issued describing our detailed six pillar 
plan that the asylum rule is an element----
    Senator Capito. Right.
    Secretary Mayorkas [continuing]. But I don't want to 
overstate because it's going to require a ramp-up time. It goes 
into effect at the end of this month.
    As I mentioned, the personnel at USCIS are not--the 
staffing is not at the level that we need for it to be. It's 
going to require a ramp-up, but the timelines in the Asylum 
Officer Rule apply not only to the asylum officers themselves, 
but also to the immigration court judges. Should individuals 
receive a negative ruling, an adverse ruling from the asylum 
officer, they have a right to appeal.
    Senator Capito. Right.
    Secretary Mayorkas. That's what our law provides, due 
process, but the immigration judges under the asylum rule will 
be operating within a timeline, as well.
    Senator Capito. Is that the whole thing, 2 years, because 
if you get a no and you can appeal it to the judge, are we back 
to the six-to-eight-year timeline?
    Secretary Mayorkas. Oh, no. It's all in.
    Senator Capito. All in is 2 years?
    Secretary Mayorkas. All in.
    Senator Capito. I'm concerned that this might be more of 
a--have more of a pull factor and I'm sure that this is one of 
the considerations that you have.
    So I guess my last question would be what metrics are you 
going to use to determine whether this has been successful? Is 
it going to be the amount of time that you've heard the claim, 
the amount of denials that have occurred, the amount of people 
that have been removed after their denial? What kind of metrics 
are you going to set up to make sure that we're measuring this 
and we can see whether it's been successful or not?
    Secretary Mayorkas. Well, I think there are a number of 
metrics, but, Number 1, of course, and I don't mean to say 
Number 1 is the top, but just to identify the different 
metrics, Senator, is speed.
    Senator Capito. Right. So the timeline?
    Secretary Mayorkas. The timeline, because the principle 
here is justice delayed is justice denied, regardless of the 
disposition. Number two is the rates of approval and denial or 
denial aberrant with respect to other parallel process of 
immigration court proceedings. Three, how effectively are we 
managing the outcomes of the Asylum Officer Rule adjudications?
    Senator Capito. So that would be are you removing or is 
that what you're saying at Number 3?
    Secretary Mayorkas. Yes.
    Senator Capito. I mean, I would anticipate isn't the law 
that if you are denied a claim that you would be removed from 
the country?
    Secretary Mayorkas. Oh, that is indeed the case, Senator, 
and if I may make one note, we have more than 11 million 
undocumented individuals in this country, and our enforcement 
processes cannot address it, nor necessarily should they with 
respect to each and every individual for reasons that I have 
articulated in memoranda. It just speaks to the compelling and 
urgent need for legislation to fix our broken immigration 
system.
    Senator Capito. Thank you.
    Senator Murphy. Thank you. I think those are all really 
important questions. I think as you dramatically reduced the 
amount of time that it takes to process a claim, I can't help 
but think that that won't have a deterrent effect, but I also 
appreciate the fact that this can't happen without continued 
appropriations. The fee structure just simply does not provide 
enough resources no matter how high you raise that fee in order 
to move this time from 8 years down to 2 years and so this 
committee did the right thing by coming together and providing 
some supplemental appropriations to USCIS to deal with the 
backlog. That's going to have to be an ongoing commitment of 
this committee to get that time down to a point that it is both 
fair but also an effective deterrent for those who are seeking 
to abuse the asylum process.

                     ADDITIONAL COMMITTEE QUESTIONS

    With that, with no other members seeking questions before 
the committee, we're going to hold the record open until May 
11th for members to submit questions for the record. Appreciate 
it if the department could respond as soon as possible.
              Questions Submitted by Senator Patrick Leahy
    Question. The O and P visa process for artists visiting the United 
States is critical to international cultural activity. What steps is 
U.S. Citizenship and Immigration Services taking to make the O and P 
artist visa process more reliable, and to comply with the 14-day 
standard processing time required under statute?
    Answer. U.S. Citizenship and Immigration Services (USCIS) is 
actively working to promote efficient and fair adjudication of 
immigration benefits, in part through updating guidance in the USCIS 
Policy Manual.\1\ Notably, USCIS recently issued policy guidance 
instructing officers to give deference to prior determinations when 
adjudicating extension requests involving the same parties and facts 
(including those for O and P petitions, among others) unless there was 
a material error, material change, or new material facts that adversely 
impact eligibility. USCIS will continue to update and clarify the O- 
and P-specific policy guidance in the USCIS Policy Manual, as needed.
---------------------------------------------------------------------------
    \1\ https://www.uscis.gov/policy-manual
---------------------------------------------------------------------------
    USCIS recognizes the 14-day processing goal set forth in INA 
214(c)(6)(D) and strives to quickly adjudicate all O and P petitions 
while ensuring that the petitioner and beneficiary are eligible for the 
benefit sought.\2\
---------------------------------------------------------------------------
    \2\ INA 214(c)(6)(D) States: ``Any person or organization receiving 
a copy of a petition described in subparagraph (A) and supporting 
documents shall have no more than 15 days following the date of receipt 
of such documents within which to submit a written advisory opinion or 
comment or to provide a letter of no objection. Once the 15-day period 
has expired and the petitioner has had an opportunity, where 
appropriate, to supply rebuttal evidence, the Attorney General shall 
adjudicate such petition in no more than 14 days. The Attorney General 
may shorten any specified time period for emergency reasons if no 
unreasonable burden would be thus imposed on any participant in the 
process.''
---------------------------------------------------------------------------
    Question. The shared border between the United States and Canada 
remains closed to nonessential travel. This closure has had a 
significant impact on families, businesses, tourism and homeowners on 
both sides of the border. Are there discussions underway to reopen the 
border between the U.S. and Canada or to modify the current travel 
restrictions, to meet both economic and public health needs? If so, 
when does the Department plan on releasing the details for reopening or 
modifying the travel restrictions?
    Answer. The United States is maintaining current travel 
restrictions due to the uncertainties around the Delta variant and the 
rise in domestic cases, particularly among the unvaccinated. The United 
States continues to consult with the Government of Canada on the 
evolving public health situation. U.S. Customs and Border Protection 
(CBP) provides up-to-date information via the CBP Information Center 
website (https://help.cbp.gov) to keep the public informed of current 
travel restrictions for entering the United States.
    CBP is coordinating with the Canada Border Services Agency on land 
border and preclearance operations related to Canada's decision to 
allow fully vaccinated U.S. citizens and permanent residents to enter 
Canada for discretionary purposes, as of August 9, 2021. Targeted 
restrictions on non-essential travel at our shared land border have 
helped the United States in its efforts to mitigate the spread of 
COVID-19 while maintaining essential flows of critical supply chains, 
cross-border trade, and travel.
    Question. I am glad that President Biden recently lifted the 
historically low refugee admissions cap set by the Trump administration 
and raised the Fiscal Year 21 admissions cap to 62,500. However, much 
work remains to be done in order for the United States to rebuild our 
decimated U.S. refugee admissions program and resettle increased 
numbers of refugees every year. The Department of Homeland Security 
will play an instrumental role in that process. Please describe in 
detail the steps that DHS is taking to work toward the Biden 
administration's stated goal of resettling 62,500 refugees this year 
and rebuilding the capacity of the U.S. refugee admissions program.
    Answer. DHS, along with other U.S. Refugee Admissions Program 
(USRAP) partners, is committed to rebuilding our refugee adjudication 
capacity in accordance with Executive Order (EO) 14012, Restoring Faith 
in Our Legal Immigration Systems and Strengthening Integration and 
Inclusion Efforts for New Americans, and EO 14013, Rebuilding and 
Enhancing Programs to Resettle Refugees and Planning for the Impact of 
Climate Change on Migration. DHS is acutely aware of the work that is 
necessary to rebuild the program and meet the revised refugee ceiling 
of 62,500. USCIS, a component within DHS, is diligently working with 
other partners to reinvigorate our refugee program and increase refugee 
admissions.
    In particular, USCIS has already taken several immediate actions to 
rebuild the refugee program and increase refugee admissions in fiscal 
year 2021. First, after the 11-month long agency-wide hiring freeze 
ended this spring, USCIS began actively recruiting to fill all 
currently vacant positions that support refugee processing.
    Second, USCIS has implemented operational and policy changes to 
support remote case processing during COVID-19. Since last summer, 
USCIS has been conducting refugee applicant re-interviews via video-
teleconference (VTEL) and recently started conducting initial refugee 
applicant interviews via VTEL, where possible. By May 26, 2021, USCIS 
conducted 212 re-interviews and 53 initial interviews by VTEL. USCIS is 
looking into expansion of this process efficiency to additional 
interview locations to the extent feasible.
    COVID-19 continues to challenge in-person processing. However, 
USCIS has also resumed in-person international refugee processing 
circuit rides on a smaller scale. Deployments are based on identified 
USRAP processing priorities and are dependent on movement restrictions 
issued by local governments due to COVID-19; post-by-post restrictions 
issued by DOS; and the ability to safely conduct in-person interviews 
while protecting the health of USCIS officers, Resettlement Support 
Center staff, refugee applicants, and interpreters.
    USCIS has conducted a detailed review of the cases of applicants 
who have already had their USCIS refugee interview. USCIS is 
prioritizing resources for cases that can be approved for resettlement 
in the near term.
    In addition to the process improvements outlined above, USCIS is 
investing in a case management system that will allow for more 
effective tracking of workloads and cases and will provide officers 
with additional adjudicative tools. This system is expected to fully 
deploy in fiscal year 2022 and will track data on production rates, 
details on case outcomes, and other key metrics that will provide 
leadership with the information they need to effectively manage future 
resources.
    Question. I strongly criticized the Trump administration's decision 
to utilize Title 42 of the Public Health Safety Act to rapidly expel 
large numbers of migrants in direct contravention of existing laws 
protecting the right to apply for asylum. The Biden administration has 
largely kept in place the Trump administration's Title 42 policy, 
despite the fact that the public health rationale for it wanes as 
COVID-19 cases hit record lows, nearly a third of Americans are 
vaccinated, and millions more get vaccinated each day. What steps, if 
any, is DHS taking to wind down expulsions pursuant to the Title 42 CDC 
``Order Suspending Introduction of Certain Persons From Countries Where 
a Communicable Disease Exists?'' If no steps are being taken to depart 
from this Title 42 CDC order and policy, why not?
    Answer. The Order Suspending Introduction of Certain Persons From 
Countries Where a Communicable Disease Exists was issued by the Centers 
for Disease Control (CDC). DHS's role is to assist the CDC with 
implementation of its Order. As such, in consultation with the CDC, DHS 
may make case-by-case determinations to except certain individuals. CBP 
officers/agents may except individuals, with approval from a 
supervisor, from the Order based on the totality of the circumstances, 
including consideration of significant law enforcement, officer and 
public safety, humanitarian, and public health interests. The CDC 
recently issued an order confirming the exception of Unaccompanied 
Children (UC) from its order.
    To address the challenges along our southwest border, DHS has 
leveraged the Federal Emergency Management Agency's (FEMA) coordination 
capabilities, activated our volunteer force of employees from across 
DHS, and expanded processing capacity.

                                 ______
                                 

             Questions Submitted by Senator Jeanne Shaheen
                               h-2b visas
    Question. The H-2B visa program is a critical tool for seasonal 
employers that need foreign workers to fill temporary jobs when no 
Americans are available. I hear frequently from small businesses in New 
Hampshire that struggle to find workers during their busy season and 
who rely on this program. I have been hearing from small businesses 
across my state who are desperate for the release of additional H-2B 
visas this year, and I appreciate the decision to provide 22,000 
additional visas for fiscal year 2021. I am glad that those visas have 
finally been made available and employers can now apply. But I'm 
concerned that this number was too low to meet the need, and I am 
further concerned that employers may not be able to receive these visas 
in time to meet the demands of their busy season.
    How did the Administration determine that 22,000 additional visas 
was the appropriate number for this fiscal year?
    Answer. The Secretary of Homeland Security acted in accordance with 
section 105 of Division O of the Consolidated Appropriations Act, 2021, 
Public Law 116-260 (FY 2021 Omnibus). Before authorizing the additional 
visa numbers, the Secretary of DHS, in consultation with the Secretary 
of Labor, considered the needs of businesses and other factors, 
including the impact on the U.S. job market and potential implications 
for U.S. workers, as well as the integrity of the H-2B program. The 
determination to allow up to 22,000 additional H-2B visas reflected a 
balancing of these factors.
    Question. Given that the demand appears to exceed the allotted 
visas, what steps does the Administration plan to take to remedy the 
discrepancy?
    Answer. The H-2B visa program is one among several employment-based 
visa programs that are oversubscribed (i.e., the number of petitions 
exceeds the number of available visas set by statute). For example, the 
H-1B program is also oversubscribed, receiving far more petitions 
annually than cap numbers available, resulting in the need to conduct a 
registration and selection process to determine who can file a cap-
subject petition.\3\ DHS supports efforts by Congress to set annual 
visa caps that adequately meet demands while addressing the impact on 
the U.S. job market.
---------------------------------------------------------------------------
    \3\ Congress set the current annual regular H-1B cap at 65,000 
visas, plus 20,000 under the advanced degree exemption. For fiscal year 
2021, USCIS received 274,237 H-1B registrations and selected a total of 
124,415 registrations projected as needed to reach the fiscal year cap. 
For fiscal year 2022, USCIS received 308,613 H-1B registrations and 
selected a total of 115,217 registrations projected as needed to reach 
the fiscal year 2022 cap.
---------------------------------------------------------------------------
    To the extent that Congress vests DHS with this authority, DHS will 
consult with DOL to determine the number and parameters of any 
additional H-2B visas to supplement the statutory annual cap.
    Question. Given the time-sensitive nature of seasonal labor, how is 
your agency working to ensure employers have the workers they need in 
time for their busy season?
    Answer. USCIS provides information about premium processing on its 
website. For those who choose to use this service, USCIS will provide 
an initial adjudicative action within 15 days. This service is widely 
utilized by H-2B petitioners. Additionally, DHS is working closely with 
interagency partners at the Department of Labor and Department of State 
to facilitate processing for H-2B workers.
                           drug interdiction
    Question. New Hampshire has been hit particularly hard by the 
devastating opioid epidemic that has swept the Nation. We must ensure 
that the Federal Government is doing everything possible to get 
resources to those fighting the opioid epidemic and to stem the flow of 
heroin, fentanyl and other deadly opioids into the country. In recent 
years, Congress has provided significant increases in funding for 
technologies to improve drug interdiction efforts at the border.
    Please provide an overview on the Department's progress in 
procuring and deploying new technologies at our Ports of Entry and 
along the border capable of detecting and identifying illicit drugs 
such as opioids and fentanyl?
    Answer. U.S. Customs and Border Protection (CBP) has procured and 
deployed advanced small-scale Non-Intrusive Inspection (NII) equipment 
that efficiently and effectively identifies dangerous narcotics, 
including fentanyl and other opioids. The ThermoFisher Gemini, with a 
library of over 14,600 chemicals, enables CBP personnel to quickly, 
confidently, and presumptively identify harmful substances with at 
least a 10 percent concentration. The Gemini is deployed at CBP 
locations worldwide.
    To augment the bulk identification technology of the Gemini, CBP 
rapidly deployed BTNX Inc. Rapid Response\TM\ Fentanyl Forensic Test 
Strips (``BTNX Test Strips''), which use the lateral flow immunoassay 
test principle to identify fentanyl and fentanyl analogues in liquid 
and powder substances. When used properly, BTNX Test Strips can 
identify trace levels of fentanyl and fentanyl analogues at 
concentrations as low as 20 ng/ml or .000002 percent. CBP's NII and 
Laboratories and Scientific Services (LSS) directorates have deployed 
BTNX Test Strips and training nationwide, with additional test strips 
available upon request through LSS.
    Additionally, CBP has worked with procurement, field locations, and 
LSS to test and procure enhanced chemical identification capable of 
identifying a wide range of chemicals at purity levels less than 1 
percent. The MX908 is a high-pressure mass spectrometry (HPMS) device 
that identifies a wide variety of chemicals at trace concentrations and 
concentrations less than 1 percent.
    CBP Operations Support/LSS also stood up Forward Operating 
Laboratories (FOLs) at ports of entry to address smuggling of unknown 
substances. LSS forensic scientists are permanently assigned to the 
FOLs to work side-by-side with CBP frontline officers, providing on-
site, rapid scientific and technical services. Each FOL is resourced 
with laboratory equipment for the analysis of unknown substances and 
suspected controlled substances. At the height of the opioid crisis in 
2018, when fentanyl and fentanyl analogues were smuggled into the 
country through international mail, LSS stood up FOLs at the John F. 
Kennedy International Mail Facility and Memphis Express Consignment 
Courier Facility. As of June 2021, LSS operates 13 FOLs across the 
Nation, four of which are located along the Southwest land border. Over 
the last 18 months, FOLs have analyzed over 23,000 suspected controlled 
substances.
    To support CBP's deployment of handheld detection technology, LSS 
established the 24/7 Narcotics Reachback Center at the CBP National 
Targeting Center. The Narcotics Reachback Center provides rapid 
adjudication of data collected by CBP frontline offices and agents 
using handheld analyzers to presumptively screen suspect substances. 
Trained LSS scientists evaluate spectral information in real-time and 
provide a presumptive identification of the unknown or suspect 
substance to the submitting officer/agent within 30 minutes of 
receiving a call. The Narcotics Reachback Center services CBP 
nationwide and supports CBP operations where and when LSS is not on-
site.
    In addition, CBP leverages license plate reader (LPR) data to 
support frontline operations and investigations. LPR data has enabled 
CBP to successfully link narcotics trafficking routes and identified 
stash house locations as well as other law enforcement functions, such 
as apprehending a child rape suspect and identify links as part of a 
sex-trafficking investigation.
    Question. Does the Department need any additional authorities from 
Congress to improve illicit drug interdiction?
    Answer. Improvements in the U.S. Customs and Border Protection's 
(CBP) capacity to interdict illicit drugs at the border is not a matter 
of only authority but one of authority, capacity, and logistics. While 
the Department can readily identify improvements in interdiction, the 
Department must consider first whether CBP may implement such 
improvements under its current authorities, whether CBP is able to 
absorb the cost of such improvements within its current baseline, and 
how such improvements could affect commerce. When the Department is 
satisfied that improvements can be introduced within these constraints, 
the Department will promote the improvements through the regular-order 
budget and the legislative processes.
                            dhs procurement
    Question. The COVID-19 pandemic demonstrated just how important it 
is to ensure that our Nation has a domestic supply chain for materials 
and items that we may need during a national emergency. We shouldn't 
rely on foreign sources to produce these critical items when we need 
them the most. What is the Department doing to bolster the domestic 
supply chain for items that we may need in the event of a national 
emergency?
    Answer. The Department of Homeland Security, working with its 
Components, is executing the requirements of Executive Orders 14001 ``A 
Sustainable Public Health Supply Chain'' and 14017 ``America's Supply 
Chains,'' which focus on strategies to bolster the domestic supply 
chain for national emergencies. The Federal Emergency Management Agency 
(FEMA) is working within its delegated Defense Production Act role, and 
the Agency continues to engage with interagency partners that receive 
funding for industrial expansion efforts, such as with the active 
Department of Defense and the future Department of Health and Human 
Services Title III programs. FEMA's statutory responsibilities do not 
include bolstering the domestic supply chain for national emergencies, 
and FEMA has no appropriation for such a purpose.
                             cybersecurity
    Question. The President's budget includes $20 million for a new 
Cyber Response and Recovery Fund.
    Please provide an overview on how the Department would utilize this 
fund to address cyber-attacks.
    Answer. The concept of the Cyber Response and Recovery Fund (CRRF) 
comes from the Cyberspace Solarium Commission's 2020 recommendations. 
As proposed in the President's budget, the CRRF would allow 
Cybersecurity and Infrastructure Agency (CISA) to support critical 
infrastructure, including private entities and State, local, Tribal, 
and territorial governments, in responding to, and recovering from, a 
``significant cyber incident,'' as defined in Presidential Policy 
Directive (PPD 41): United States Cyber Incident Coordination.
    The proposed ``no year'' funding (i.e., available until expended) 
would allow CISA to support non-Federal critical infrastructure cyber 
response and recovery from a significant cyber incident through the 
provision of services, technology, or capabilities. This set up would 
provide CISA with greater flexibility for responding to cyber events 
that are often unpredictable.
    Should a significant cyber incident be declared in the first year 
of the CRRF, CISA will emphasize using the Fund, if activated, to surge 
cyber incident response capabilities or help victims evict adversaries 
from their environments to support the immediate needs of critical 
infrastructure entities. The CRRF could be used to support response to 
a significant cyber incident and, in some cases, funds for recovery and 
reconstitution. Eligible activities could include:

  --Technical Incident Response--Services aimed at finding the root 
        cause of an incident

  --Analytic Support--A range of analytical services provided in 
        response to receiving a request or reported vulnerability, to 
        include examining the technical issue, code, computer system, 
        storage medium, and/or physical memory

  --Threat Detection--Deployment of threat detection platforms to 
        identify potential malicious activity using network sensor 
        systems for detection

    Eviction and Mitigation--Support to reasonably assure that an 
intruder has been removed from a victim network and known weaknesses 
that allowed the initial intrusion have been remediated.
    Question. How can DHS increase its cooperation with industry to 
ensure that threat information is appropriately disseminated between 
public and private entities?
    Answer. CISA is continuously evaluating existing information 
sharing programs to improve their timeliness, efficiency, and 
effectiveness, while also evaluating the potential for new 
opportunities to increase threat information sharing with our partners 
in government and in the private sector. CISA is currently undertaking 
a wide range of efforts, outlined below, to increase cooperation with 
industry to ensure that threat information is appropriately 
disseminated to our private sector partners.
    Pursuant to fiscal year 2021 National Defense Authorization Act 
(NDAA), CISA will establish a Joint Cyber Defense Collaborative (JCDC) 
to coordinate joint cyber planning with interagency and industry 
partners. Today, CISA builds and maintains close operational 
relationships with key industry partners who provide unique and 
valuable insights on current cyber vulnerability and threat 
information. These information sharing relationships increase CISA's 
visibility and understanding of the domestic cyber landscape and 
provide vital support to our cyber defense mission. With the 
implementation of the office for joint cyber planning, CISA will 
formalize and expand operational coordination with industry partners 
through collaborative development of cyber defense operations plans to 
protect domestic critical infrastructure. The JCDC will also include 
key interagency partners who will bring their own cyber capabilities 
and authorities, and will consult with State, local, territorial, and 
Tribal (SLTT) and international partners. Through integration of these 
key partner communities, the JCDC will become the one-stop-shop for 
public-private partnership in planning cyber defense operations.
    The Secretary of DHS established the CISA Cybersecurity Advisory 
Committee, pursuant to fiscal year 2021 NDAA, Section 1718, to bring 
together experts from SLTT government, industry, and other relevant 
entities to provide advice and recommendations to the CISA Director on 
matters related to the development, refinement, and implementation of 
policies, programs, planning, and training pertaining to the 
cybersecurity mission of the Agency. Per the NDAA, the Director may 
task the Committee to examine a variety of cybersecurity topics 
including, but not limited to, information exchange; critical 
infrastructure; risk management; and public and private partnerships. 
This advice could include options to improve timely information sharing 
regarding cybersecurity threats. A public version of the Committee's 
recommendations will be made available.
    In coordination with interagency partners, CISA is defining the 
expanded set of the roles and responsibilities established in the 
fiscal year 2021 NDAA, Section 9002, Sector Risk Management Agencies 
(SRMA). In particular, each SRMA shall facilitate ``in coordination 
with the Director, the sharing with the Department and other 
appropriate Federal department of information regarding physical 
security and cybersecurity threats within the designated sector or 
subsector of such sector,'' including-

A. ``[F]acilitating, in coordination with the Director, access to, and 
    exchange of, information and intelligence necessary to strengthen 
    the security of critical infrastructure";

B. ``[F]acilitating the identification of intelligence needs and 
    priorities of critical infrastructure owners and operators in the 
    designated sector or subsector of such sector, in coordination with 
    the Director of National Intelligence and the heads of other 
    Federal departments and agencies, as appropriate;

C. ``[P]roviding the Director, and facilitating awareness within the 
    designated sector or subsector of such sector, of ongoing, and 
    where possible, real-time awareness of identified threats, 
    vulnerabilities, mitigations, and other actions related to the 
    security of such sector or subsector of such sector"; and

D. ``[S]upporting the reporting requirements of the Department under 
    applicable law by providing, on an annual basis, sector-specific 
    critical infrastructure information.''

    CISA is spearheading the NDAA-required report, in consultation with 
the heads of the designated SRMAs, which reviews the current framework 
for securing critical infrastructure, develops recommendations, and 
suggests necessary revisions to the partnership structure. This process 
is currently underway, and as the SRMA for eight of the Nation's 16 
critical infrastructure sectors, CISA will directly apply this expanded 
guidance to enhance information sharing between CISA and private sector 
partners in these eight sectors.
    DHS will stand up a Cyber Safety Review Board (CSRB), pursuant to 
Section 5 of the Executive Order on Improving the Nation's 
Cybersecurity, to review and assess threat activity, vulnerabilities, 
mitigation activities, and agency responses to significant cyber 
incidents. Through the CSRB, relevant information will be compiled from 
CSRB incident reviews, including incident-related decision-making 
processes, actions, and outcomes; Requests for Information; stakeholder 
communications; and incident activity and recovery actions and 
outcomes. In addition to administering the CSRB's operation, DHS will 
use the results of these reviews to determine necessary and appropriate 
enhancements to threat information sharing between public and provide 
sector entities.
    The Private Sector Clearance Program was established to ensure that 
select critical infrastructure private sector owners, operators, and 
industry representatives--specifically those who have a demonstrated 
and foreseeable need to access classified information--are in 
leadership, managerial, or executive level positions and are in a 
position to capitalize on the value of the classified information 
shared are processed for clearances. Security clearances enable 
selected owners, operators, and representatives to access classified 
information and more fully participate in the protection of critical 
infrastructure and the security of the homeland.
    CISA operates the Cyber Information Sharing and Collaboration 
Program, which serves as a bi-directional forum for CISA and private 
industry to collaborate on significant risks, develop sector and threat 
focused products, and provide briefings on new trends, threats, and 
capabilities across sectors. This trusted sharing between CISA and a 
network of high impact companies, Information Sharing and Analysis 
Centers, and service providers allows CISA to better understand the 
nature of vulnerabilities pre- and post-disclosure and in turn provided 
timely and thorough mitigation guidance.
    CISA continues to enhance the Automated Indicator Sharing (AIS) 
capability, which provides a machine-to-machine platform for CISA and 
the private sector to share threat information and benefit from the 
collective knowledge of participant organizations. AIS enables the 
real-time exchange of machine-readable cyber threat indicators and 
defensive measures, such as information about adversary techniques, to 
help the AIS community monitor and defend networks against known 
threats and ultimately limit the use of an attack method.
    CISA's Stakeholder Engagement Division has requested funding in 
fiscal year 2022 to execute a stakeholder mapping initiative as a 
foundational component of the agency's broader stakeholder engagement 
capability. The stakeholder mapping initiative builds upon CISA's 
growing stakeholder data and knowledge base to map individual 
stakeholders and stakeholder groups to operational planning scenarios--
in advance of the need--in order to streamline response efforts to 
crisis and enable more targeted, efficient strategic planning with 
external parties. By leveraging established relationships with these 
entities, CISA will maximize its impact on key stakeholder communities 
and amplify our value through collaborative partners. Examples of using 
these relationships includes bi-directional sharing of sensitive threat 
information, targeted promotion of available products and services, and 
quick-turn opportunities to collaborate with CISA.
    CISA collaborates with the DHS Office of Intelligence and Analysis 
to provide Classified Intelligence Forums. The Classified Intelligence 
Forum consists of engagements that provide cleared members of the 
private sector as appropriate, with access to draft and finished 
analytic products to solicit feedback and gain overall customer 
insights that can inform the development of future products or 
briefings that those members and their sector counterparts can use in 
their decision-making processes.
    CISA Cybersecurity Advisors (CSAs) offer cybersecurity assistance 
to critical infrastructure owners and operators and SLTT governments. 
CSAs introduce organizations to various CISA cybersecurity products and 
services, along with other public and private resources, and act as 
liaisons to CISA cyber programs. CSAs can provide cyber preparedness, 
assessments and protective resources, strategic messaging, working 
group support and leadership, partnership in public-private 
development, and incident coordination and support in times of cyber 
threat, disruption, and attack. CISA continues to work quickly and 
diligently to hire against existing CSA vacancies and increase the CSA 
footprint in the field in order to expand engagement with the private 
sector, including in threat information sharing and dissemination.
    CISA collaborates with government and industry partners to 
strengthen information sharing and incident response coordination 
through exercises, such as the biennial Cyber Storm series. Each 
iteration of the exercise engages more than a thousand participants in 
the simulated discovery of and response to a large-scale, coordinated 
significant cyber incident impacting critical infrastructure. The 
findings of each exercise are shared with participants and the broader 
cyber response community to support continual improvement.
    CISA is currently in the planning stages for Cyber Storm VIII, 
slated for the spring of 2022. Two of the proposed objectives of this 
exercise are to:

  --Strengthen information sharing and coordination mechanisms used 
        during a cyber incident; and

  --Foster public and private partnerships and improve their ability to 
        share relevant and timely information across sectors.
                    u.s. refugee admissions program
    Question. We are in the midst of the largest worldwide refugee 
crisis ever recorded. I am pleased that the President has finally 
announced his intention to resettle 62,500 refugees in the second half 
of this fiscal year. However, the enormous cuts to refugee resettlement 
over the past 4 years under the previous Administration have severely 
decimated the U.S. Refugee Admissions Program's capacity. What specific 
measures are you taking to increase the rate of refugee arrivals in the 
second half of the fiscal year to ensure we can meet the Presidential 
Determination for this year and to restore the long-term capacity of 
our resettlement program?
    Answer. DHS, along with other U.S. Refugee Admissions Program 
(USRAP) partners, is committed to rebuilding our refugee adjudication 
and resettlement capacity in accordance with Executive Order (EO) 
14012, Restoring Faith in Our Legal Immigration Systems and 
Strengthening Integration and Inclusion Efforts for New Americans, and 
EO 14013, Rebuilding and Enhancing Programs to Resettle Refugees and 
Planning for the Impact of Climate Change on Migration. USCIS worked to 
increase admissions in fiscal year 2021 by developing additional 
efficiencies to complete post-USCIS interviewed applications remotely, 
resume in-person interviews of refugee applicants overseas, begin 
hiring additional staff, and engage with USRAP partners to reinvigorate 
our refugee program and increase refugee admissions.
    USCIS has taken several actions to rebuild the refugee program and 
increase refugee admissions. First, USCIS conducted a detailed review 
of the cases of applicants who have already had their USCIS refugee 
interview and prioritized resources for cases that could be approved 
for resettlement in the near term.
    Second, after an 11-month long agency-wide hiring freeze ended this 
spring, USCIS began actively recruiting to fill all currently vacant 
positions that support refugee processing.
    Third, USCIS implemented operational and policy changes to support 
remote case processing during COVID-19. Since last summer, USCIS has 
been conducting refugee applicant re-interviews via video-
teleconference (VTEL) and recently started conducting initial refugee 
applicant interviews via VTEL where possible. By May 26, 2021, USCIS 
conducted 212 re-interviews and 53 initial interviews by VTEL.
    Finally, while COVID-related restrictions continue to impact 
USCIS's ability to increase in-person interviews of refugee applicants, 
beginning in the fourth quarter of fiscal year 2021, USCIS resumed in-
person international refugee processing circuit rides on a small scale. 
Deployments are based on identified USRAP processing priorities and are 
dependent on movement restrictions issued by local governments due to 
COVID-19; post-by-post restrictions issued by DOS; and the ability to 
safely conduct in-person interviews while protecting the health of 
USCIS officers, Resettlement Support Center staff, refugee applicants, 
and interpreters.
    In addition to the process improvements outlined above, USCIS is 
investing in a case management system that will allow for more 
effective tracking of workloads and cases and will provide officers 
with additional adjudicative tools. This system is expected to fully 
deploy in fiscal year 2022 and will track data on production rates, 
details on case outcomes, and other key metrics that will provide 
leadership with the information they need to effectively manage future 
resources.
                         unaccompanied children
    Question. I was deeply disturbed by the treatment of children at 
our Southern border under the previous Administration, and I have been 
very concerned about previous reports of unaccompanied children 
remaining in Border Patrol custody for extended periods of time.
    What steps has your agency taken to address these problems and 
ensure that children are treated safely and humanely when they arrive 
at our border?
    Answer. CBP makes every effort to process those in our custody as 
quickly as possible--especially children. In accordance with the 
Trafficking Victims Protection Reauthorization Act (TVPRA), CBP must 
transfer unaccompanied children into the custody of the U.S. Department 
of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) 
within 72 hours of unaccompanied children determination, determining 
that they are unaccompanied children, absent exceptional circumstances. 
To expedite processing of migrants, including unaccompanied children, 
CBP has augmented its Southwest border personnel and facilities, and 
leveraged available support across the U.S. Government.
    U.S. Border Patrol (USBP) prioritizes unaccompanied children 
referrals and transfers to HHS ORR, but the ability to do so is 
directly tied to ORR's capacity. By March 2021, the number of 
unaccompanied children entering USBP custody far exceeded ORR's 
capacity to provide placement. In response, and in conjunction with 
FEMA, HHS began rapid expansion of ORR's housing/placement capacity 
through Emergency Influx Shelters (EISs). USBP continues to work 
closely with HHS to expedite the transfer of unaccompanied children 
into HHS custody.
    DHS successfully established the interagency Movement Coordination 
Cell (MCC) to bring together personnel from FEMA, ORR, U.S. Immigration 
and Customs Enforcement (ICE), and CBP to ensure the rapid transfer of 
UCs from CBP custody to ORR custody--whether to licensed bed facilities 
or EISs. This interagency approach has been remarkably successful in 
reducing the average time in custody that UCs spend in CBP facilities.
    Thanks to interagency cooperation and focus on building ORR 
capacity, in April 2021, the average number of children in CBP custody 
decreased to 2,895 from 4,109 in March 2021--with the number of 
children in CBP custody below 460 in mid-May 2021. In March, UCs spent 
an average of 115 hours in CBP custody compared to just 26 hours in 
May.
    CBP has significantly expanded the scope of its trauma-informed 
medical support capabilities to ensure children are treated safely and 
humanely. For example, CBP now has more than 800 contract medical 
personnel providing 24/7 medical support at over 70 facilities along 
the Southwest border. CBP continues to enhance its trauma-informed care 
practices for children in custody through awareness and training; 
trauma-informed medical support; and trauma-informed holding practices.
    CBP's trauma-informed medical support includes health interviews 
and medical assessments by trained professionals. This includes 
behavioral health considerations and emphasizes psychological triage, 
psychological first aid, behavioral health referrals, and appropriate 
prioritization for transfer. CBP's trauma-informed holding practices 
ensure a safe and secure environment that minimizes time in custody, 
improves the child's ability to maintain family connection via phone 
calls, provides recreation opportunities as feasible, and includes 
caregivers who can provide a reassuring adult presence. The role of 
caregivers in our facilities now includes providing opportunities for 
recreational time for children as operationally feasible. CBP has 
always been, and continues to be, committed to the safe and humane 
treatment of all individuals in our custody, especially those most 
vulnerable.
    Question. How is your agency working with the U.S. Department of 
Health and Human Services to facilitate unaccompanied children's 
expeditious release from Border Patrol custody?
    Answer. Unaccompanied Children (UC) are typically processed by CBP 
at the Southwest Border and then ICE Enforcement and Removal Operations 
(ERO) transfers unaccompanied children from CBP to the custody of HHS 
ORR. Pursuant to the Flores Settlement Agreement, the Homeland Security 
Act of 2002, and the TVPRA of 2008, DHS must transfer unaccompanied 
children to HHS ORR custody within 72 hours of determining that a UC is 
an unaccompanied child except in exceptional circumstances.
    ICE continues to partner with CBP and HHS to improve transfers into 
the care and custody of ORR. These partnerships have proven to be 
extremely effective in reducing the average length of time in DHS 
custody, to include decreasing the amount of time that a child is in 
transit to an ORR shelter. ICE's effort to partner with CBP and HHS has 
resulted in the transfer of thousands of unaccompanied children into 
the care and custody of ORR in under 72 hours as required by statute.
    CBP implemented a Movement Coordination Cell (MCC) to work with HHS 
ORR and other appropriate agencies to coordinate the placement and 
expedited transfer of UCs out of CBP custody and into appropriate HHS 
facilities and care. The MCC is an interagency effort among CBP, ICE, 
HHS ORR, and FEMA. The goal of the MCC is to rapidly transfer custody 
of UCs from CBP to ORR. The MCC effort began on March 29, 2021, and 
since its inception, the MCC has assisted in reducing the number of UCs 
in CBP custody as well as their average length of time in custody. CBP 
is also working with HHS/ORR on enhanced data transfer to assist in the 
expeditious placement of UCs in appropriate facilities, which would 
further reduce time in custody.
    In April 2021, the average number of children in CBP custody 
decreased to 2,895 from 4,109 the previous month, with the number of 
children in CBP custody below 460 in mid-May 2021. In March, UCs spent 
an average of 115 hours in CBP custody compared to just 26 hours in 
May.

                                 ______
                                 

            Questions Submitted by Senator Cindy Hyde-Smith
    Question. Mr. Secretary, the Science & Technology Directorate (S&T) 
fiscal year 2022 Budget Request highlights prior year research efforts 
and milestones, including Project JUSTICE and the fully operational 
sUAS test facilities. The budget overview also lists future objectives 
to ``publish JUSTICE demonstration, test and evaluation results, and 
associated analyses to DHS Components, first responder and emergency 
management service organizations.'' Additionally, the budget overview 
States, ``DHS lacks installed technologies to maintain persistent air 
domain awareness of all manned and unmanned aircraft in the National 
airspace...evolving technologies and critically strained resources make 
it imperative for S&T to advance technologies that produce efficient 
force-multiplying aerospace for operational elements of DHS and the 
Nation's law enforcers and first responders.''
    In prior year appropriations, including fiscal year 2021, the 
committee/Congress acknowledged the critical value in the establishment 
of the S&T common test site for demonstration and research of UAS, 
provided additional funding for the Demonstration Site to conduct on-
site testing and evaluation of Enabling UAS technologies, and 
encouraged the close collaboration with the FAA UAS Center of 
Excellence. The DHS UAS Demonstration Site provides an effective and 
efficient operational testing and evaluation capacity for S&T and the 
operational partners that it supports, including CBP, Coast Guard, 
Secret Service, and Nation's law enforcers and first responders. 
Numerous exercises are necessary for technology evaluation across a 
range of scenarios and environments at the Demonstration Site.
    Please provide a spend plan for the fiscal year 2021 funds 
appropriated for the Enabling UAS Demonstration Site. How will S&T 
continue to prioritize previously appropriated funds for the 
Demonstration Site to conduct on-site testing and evaluation of 
Enabling UAS technologies for DHS components and law enforcement 
partners?
    Answer. Efforts towards Enabling UAS, including the Enabling UAS 
Demonstration Site, are executed as part of S&T's Air Security project, 
within S&T's Air, Land, and POE Security program. S&T's fiscal year 
2021 Spend Plan includes $2 million for the Enabling UAS demonstration 
site:

 
----------------------------------------------------------------------------------------------------------------
                                                                                                    Planned in
               Activity                        Description         FY 2021 Spend     Obligated      fiscal year
                                                                       Plan                           2022 Q2
----------------------------------------------------------------------------------------------------------------
Enabling UAS Demonstration Site.......  Joint Unmanned Systems        $2,000,000        $250,000      $1,750,000
                                         Testing in
                                         Collaborative
                                         Environments (JUSTICE)--
                                         Testing and evaluation
                                         of UASs.
Total Enabling UAS Demonstration Site                                 $2,000,000        $250,000      $1,750,000
----------------------------------------------------------------------------------------------------------------

S&T will continue to support the Enabling UAS Demonstration Site 
through S&T's agreement with the U.S. Army Development Command 
(DEVCOM), Ground Vehicle Systems Center and through strategic IAA 
partnerships with other U.S. Government entities that enable S&T to 
offer value to the Homeland Security Enterprise. With continuing COVID 
restrictions the potential for testing & evaluation to resume pre-
pandemic conditions soon remains low. S&T will continue engaging with 
the Army and the vendor to administer the residual funding in early 
fiscal year 2022.
    Question. Mr. Secretary, with the expected surge in flight travel 
over the next few months, both business and personal, how is the 
Department of Homeland Security making sure TSA is adequately staffed 
at airports across the country in order to accommodate this expected 
increase? What opportunities are there that would allow TSA to 
significantly grow its TSA PreCheck program and can these opportunities 
be deployed in time to help with the travel surge that is expected this 
year?
    Answer. As of November 1, 2021, TSA has hired 7,630 Transportation 
Security Officers (TSO) thus far in the calendar year, amidst 
unprecedented hiring competition in nearly all industries.
    TSA is continuing to innovate on solutions to attract more TSO 
applicants and hire more quickly in competitive locations. To increase 
hiring volumes, TSA is expanding advertising campaigns to amplify the 
``now hiring'' message. In an effort to maintain parity with private 
industry pay rates, TSA has also instituted recruitment $1K to $2K 
sign-on bonuses to all TSO new hires through FY22. Further, retention 
incentives are being strategically leveraged to align TSO pay rates 
with local wage growth in hard-to-hire markets--both to retain current 
staff and attract new candidates. Finally, TSA is hosting ``expedited'' 
hiring events in 12 or more competitive markets per month, including 
locations such as Denver, Seattle, Minneapolis, Boston, St. Louis, 
Maui, and many others. These events enable prospective TSO applicants 
to consolidate hiring steps into one-day and significantly reduce 
Federal hiring time; which is essential in this competitive recruitment 
market.
    TSA's Universal Enrollment Services provider, IDEMIA, offers a 
nationwide network of over 440 enrollment centers in support of the TSA 
PreCheck(r) Application Program, and there is currently plenty of 
enrollment center capacity and appointment availability. TSA provides 
individuals with a simple enrollment process, including the ability to 
start TSA PreCheck(r) enrollment online, which shortens the in-person 
enrollment time. On average, an individual can complete the in-person 
enrollment process in five to 10 minutes for new applicants to the 
program. For renewing members, TSA offers the ability to renew a TSA 
PreCheck(r) membership fully online, with no in-person visit required.
    TSA is also working to expand the number of enrollment providers, 
as required by the TSA Modernization Act of 2018. In January 2020, TSA 
awarded Other Transaction Agreements (OTA) to Alclear, LLC (CLEAR), 
Telos Identity Management Solutions, LLC, and Idemia Identity & 
Security USA, LLC (TSA's current enrollment provider). TSA estimates 
the new enrollment providers under the OTAs will begin operations by 
the end of 2022, but timelines are tentative and dependent on each 
vendor's ability to meet TSA's requirements.

                          SUBCOMMITTEE RECESS

    Senator Murphy. And with that this subcommittee meeting is 
adjourned.
    [Whereupon, at 11:18 a.m., Wednesday, May 4, the 
subcommittee was recessed to reconvene subject to the call of 
the Chair.]