[Senate Hearing 118-]
[From the U.S. Government Publishing Office]




 
  DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS FOR FISCAL YEAR 2024

                              ----------                              


                       WEDNESDAY, MARCH 29, 2023

                                       U.S. Senate,
           Subcommittee of the Committee on Appropriations,
                                                    Washington, DC.
    The subcommittee met at 1:32 p.m. in room SD-192, Dirksen 
Senate Office Building, Hon. Chris Murphy (chairman) presiding.
    Present: Senators Murphy, Murray, Tester, Shaheen, Baldwin, 
Collins, Peters, Britt, Murkowski, Capito, Kennedy, and Hyde-

Smith

                    DEPARTMENT OF HOMELAND SECURITY

STATEMENT OF HON. ALEJANDRO MAYORKAS, SECRETARY

               OPENING STATEMENT OF SENATOR CHRIS MURPHY

    Senator Murphy. Good afternoon. I'm going to call this 
hearing of the Subcommittee on Homeland Security to order.
    Today we welcome the Secretary of Homeland Security 
Alejandro Mayorkas. Mr. Secretary, on behalf of the 
subcommittee I would like to share our appreciation to you and 
the over 260,000 employees of the department for their 
dedication to our nation's security and resiliency.
    We are very mindful of the wide-ranging responsibilities 
and sacrifices that are necessary in order to uphold the 
responsibilities for your department.
    The purpose of today's hearing is to Review the President's 
fiscal year 2024 Budget Request for the Department of Homeland 
Security.
    As we start this effort, I'd like to share my intention to 
work with Ranking Member Britt and the rest of the members of 
this subcommittee to develop and pass a bipartisan bill that 
protects our nation, and I'm very glad that Chair Murray and 
Vice Chair Collins, who is here, are committed to restoring 
regular order.
    In the past it has honestly been this subcommittee's budget 
that has caused the most heartburn when it comes to regular 
order, but I think it's time that we put this budget and all 
the rest before the committee, allowed for amendments and have 
real debate about our nation's security. I think that's good 
for the country. I think that's good for the Senate.
    Mr. Secretary, let me just quickly tell you what I'm 
interested in hearing about today and talking to you about. As 
you know, there's a plague afoot in our nation, a plague of 
drug addiction and death the likes of which this country has 
never witnessed before.
    There's no one answer, but this budget better do everything 
humanly possible to stop the import of deadly fentanyl into the 
United States. This is a red alert moment and while Department 
of Homeland Security (DHS) alone can't come close to solving 
this crisis, I plan on pushing to dramatically scale up every 
capability that you have and the department has to stop the 
flow of these poisons into our homeland.
    This topic is so important, in fact, that we're going to 
devote an entire hearing to drilling down on the parts of the 
budget that help interrupt the fentanyl trade. That's going to 
be May 3rd. So whatever we don't get to today we'll get to 
then.
    I also want to hear about your plan for lifting Title 42. 
People in this building often pretend that you have the legal 
ability to just keep denying entry to migrants indefinitely 
under Title 42. You don't. You'd be breaking the law if you 
kept applying Title 42 after the pandemic, but we know there's 
likely going to be a surge of crossings once Title 42 expires 
and we've seen the President's announcement about new policy 
and processes to meet this moment, but we want to know what the 
post-Title 42 world looks like from a spending and 
appropriations perspective.
    Mr. Secretary, I also want to hear about the state of our 
Disaster Relief Fund, whether we have enough money and when 
we're going to need more.
    I'd like to hear about our cybersecurity efforts. They have 
grown exponentially, but I'm not always sure whether our extra 
capabilities actually match all of the extra spending that 
we've put in, and, lastly, I'd like to hear about our efforts 
to build storm and climate resiliency.
    Both the Ranking Member and I come from coastal states and 
whether or not you think fighting climate change is Job Number 
1 or not, our coasts are being battered and we need help not 
just in the aftermath of a disaster.
    Lastly, Mr. Secretary, let me just make a personal point. I 
think you are an exceptional leader. I don't agree with you 100 
percent of the time, but I think you've been given an 
impossible task, perhaps the hardest job in the Federal 
Government. You didn't get drafted for this assignment. You 
volunteered for it because you're a patriot, because you 
believe in this country.
    Frankly, Mr. Secretary, I think the way that you were 
treated in the Judiciary Committee yesterday was shameful. 
There are some Senators here who think their job is to create 
confrontation so they can book cable news appearances and, 
frankly, the lack of self-awareness from individuals in the 
Senate who have stood on the sidelines as we have attempted to 
try to find bipartisan compromise is pretty stunning.
    Congress has just fallen down on the job and refused to 
update the immigration laws of this nation for 40 years as 
conditions at the border and the conditions of migration have 
radically changed.
    Every Secretary of Homeland Security, Republican and 
Democrat, has been charged with enforcing bad law, expired law, 
irrelevant law, and occasionally Secretaries need to be 
creative in order to protect the nation, make sure that it 
lives up to its values, despite Congress's failure.
    And so I hope, I trust that you will be treated better by 
this committee not because members of this subcommittee will 
agree with you or the Administration, but because this 
subcommittee year after year, despite our disagreements, finds 
a way to do our job and produce a bipartisan budget for DHS and 
the border, and I have confidence that we will do it again this 
year.
    With that, I'll turn it over to the Ranking Member Senator 
Britt for opening remarks.

                    STATEMENT OF SENATOR KATIE BRITT

    Senator Britt. Thank you, Mr. Chairman.
    I am looking forward to serving alongside you on this 
important committee. I also want to thank Chair Murray and Vice 
Chair Collins for your leadership. Ensuring that we do 
everything possible to get back to regular order is of the 
utmost importance and we're proud to be a part of it, and I 
also appreciate the opportunity to serve in this capacity. Vice 
Chair Collins, thank you.
    Mr. Secretary, I appreciate you testifying today on the 
fiscal year 2024 Budget Request for the Department of Homeland 
Security.
    First, I'd like to recognize the hard work of the men and 
women of the department, from protecting our borders to 
safeguarding cyberspace and critical infrastructure. From 
responding to natural disasters to guarding our coastlines and 
keeping Americans safe as they travel by planes, buses, and 
rails, DHS plays a critical role in securing our nation, 
keeping families safe, and communities strong.
    Additionally, I am proud of the work that is performed 
throughout the great state of Alabama for the department. While 
I have the utmost respect for the tens of thousands of DHS 
agents, officers, and employees who work tirelessly to protect 
our nation, I am very concerned about the many Homeland 
Security policies of this Administration, particularly when it 
comes to the border.
    These policies have not just budgetary costs but human 
costs, as well. I have seen little pairs of shoes at the border 
and know that those children have a story. I have seen a baby 
shivering wet after being carried across the Rio Grande. I have 
looked into CBP officers' eyes as they tell me about pulling a 
woman pregnant with twins out of the water after she drowned.
    Sadly, this Administration's budget proposal doubles down 
on failed policies that encourage these kinds of tragedies to 
happen every day. At a time when we are facing unparalleled 
threats, both at home and abroad, President Biden's Department 
of Homeland Security-based budget actually calls for a cut of 
$650 million or nearly 1 percent of your fiscal year 2023 
funding.
    It is one of the only departments subject to a decreased 
budget request and it begs the question how can President Biden 
expect anyone to believe he is serious about enforcing our 
nation's immigration laws, preventing the exploitation of 
children, stopping bad actors in cyberspace, keeping Americans 
safe as they travel, stemming the flow of fentanyl which killed 
a record number of Alabamians and Americans last year, and the 
candid answer is he cannot.
    Let's start with securing our border and enforcing the 
laws. In fiscal year 2022, there were around 2.4 million 
encounters along the Southwest border and this does not include 
the over half a million got-aways that evaded arrest last year.
    We are on pace to see similar levels in fiscal year 2023 
and will likely break the record given the end of Title 42 
usage in May. In fact, Mr. Secretary, your own department 
projects that when Title 42 goes away, we could see monthly 
encounter levels of nearly 400,000, a 150 percent increase over 
the historically high levels we see now.
    But President Biden's budget request for Customs and Border 
Protection is a decrease of $1.3 billion and his plan has as 
many gaps in it as the wall that this Administration refuses to 
finish.
    President Biden's budget seeks to hire just 350 additional 
U.S. Border Patrol agents to address the expected surge of 
migrants at the same time it is hiring 87,000 new IRS agents.
    I have traveled to the border three times in just the first 
2 months of my time here in the Senate and I can tell you that 
reducing resources for border security is not the way to go. 
And that's just the border.
    What about immigration enforcement and the interior of the 
country? Because of this Administration's policies, there are 
nearly 600,000 migrants who arrived in the United States within 
the past 2 years who were subject to removal but did not 
receive charging documents and in some cases will be waiting 
more than a decade, more than 10 years just to begin their 
formal removal process.
    That doesn't even include the years that they will have to 
wait to actually go through the removal proceedings and many of 
these people here illegally will get lost in the wind, some 
commit a crime, some maybe worse.
    Despite the legal requirement to detain migrants facing 
removal, yet again President Biden's budget requests fewer 
resources for detention beds and alternatives to detention. In 
fact, this Administration seeks to decrease the budget for 
Immigration and Customs Enforcement by nearly half a billion 
dollars, a clear indication the President is not serious about 
enforcement.
    I can only imagine what impacts these proposed cuts to 
Customs and Border Protection and Immigration and Customs 
Enforcement have on morale.
    Finally, we cannot talk about the border crisis without 
talking about fentanyl. In 2021, there were over 105,000 
Americans, including more than a thousand Alabamians that died 
from drug overdoses, predominantly due to fentanyl.
    Fentanyl is now the leading cause of death of Americans 
between the ages of 18 and 45. I want to commend the brave men 
and women of CBP, ICE, and the U.S. Coast Guard who are on the 
frontlines every day to interdict fentanyl and other illicit 
drugs, but the numbers are alarming.
    For all of fiscal year 2022, they seized 14,700 pounds of 
fentanyl. That is enough fentanyl to kill every single 
American. Less than halfway through the fiscal year 2023, CBP 
has nearly matched that number and we are on pace to double 
last fiscal year's totals.
    However, as my colleague from West Virginia pointed out in 
her recent Floor speech, in the President's budget fentanyl is 
actually only mentioned twice but climate is mentioned a 148 
times.
    In fact, President Biden's budget request includes only 
$300 million for fentanyl detection equipment at CBP and $40 
million for ICE operations to combat fentanyl trafficking and 
$40 million is nothing when you compare it to $60 million that 
this Administration spends each year on doing laundry for those 
migrants.
    This total pales in comparison to President Biden's ask of 
four billion dollars for ambiguous ill-defined initiatives in 
FEMA's budget that have no actual bearing on the Federal 
Government's ability to respond swiftly and compassionately 
when counties in my home state, like Dallas, Elmore, Green, 
Morgan, Sumter, are ravaged by tornadoes and storms.
    I cannot emphasize enough that we must make real and 
lasting impacts so that we can stop the cartels, stop the 
manufacturers of precursors and stop the senseless deaths of 
Americans due to fentanyl.
    There are many other issues for us to discuss in your 
budget from different things, Transportation Security 
Administration (TSA) pay raise to inadequate operational 
funding for the U.S. Coast Guard to proposed cuts in how law 
enforcement teams get trained at DHS, but as a mom, I am 
especially concerned with the department's proposed cuts to 
school safety programs.
    Horrific tragedies, acts of pure evil, like the ones we saw 
this week in Nashville are heartbreaking, reminders that we 
have a lot of work to do. We must do that work together in a 
bipartisan way to keep our children safe, to protect their 
lives, to protect their opportunity to live the American dream.
    Mr. Secretary, the department does important work in this 
area. However, the President's budget seeks to cut funding for 
the school safety work done by both the National Threat 
Assessment Center (NTAC) and the Cybersecurity and 
Infrastructure Security Agency (CISA).
    For the third year in a row, the Biden Administration has 
submitted a budget that does not make a serious effort to 
solving the vast problems of which the Department of Homeland 
Security has direct purview.
    I look forward to having a robust thoughtful discussion 
today on these critical issues and other things as we work 
together to solve the problems that are before us.
    Thank you so much, Mr. Chairman. I appreciate the 
opportunity and look forward to the hearing.
    Senator Murphy. Look forward to it, as well, and to working 
with you, Ranking Member Britt.

              SUMMARY STATEMENT OF HON. ALEJANDRO MAYORKAS

    I'll now recognize Secretary Mayorkas for your opening 
remarks.
    Secretary Mayorkas. Thank you very much for the 
opportunity, Chairman Murphy, Ranking Member Britt, and 
Distinguished Members of the Committee.
    On Sunday, I traveled to Rolling Fork, Mississippi, to 
assure the residents there and others in Mississippi devastated 
by the tornadoes that had just struck that our Department will 
support their recovery in the days, weeks, and months ahead. 
More than 20 people lost their lives, and many more lost their 
homes and all that they possessed. I was privileged to be 
alongside Senator Hyde-Smith, Senator Wicker, and Governor 
Reeves.
    If I may, Senator Hyde-Smith spoke so poignantly to the 
people of Rolling Fork.
    On Monday, I spoke with Senators Blackburn and Haggerty and 
with Governor Lee and Mayor Cooper and offered our Department's 
support in response to the too tragic and senseless murder of 
children and adults at St. Paul Christian School in Nashville, 
Tennessee. Our thoughts, prayers, and support are with the 
people who are suffering today.
    Over the past 20 years, the Department has evolved and had 
responded capably to an increasingly dynamic threat landscape. 
We have done this through the unflinching dedication of the 
Department's 260,000 public servants, the third largest 
workforce in the Federal Government.
    Every day these heroes work to ensure the safety of 
Americans in the skies and on the seas, to secure our borders, 
to promote lawful trade and travel, to provide relief when 
disaster strikes, to advance the security of cyberspace and 
critical infrastructure, to stop cartels from trafficking 
illegal drugs into our communities, to combat human trafficking 
and online child sexual exploitation, to protect our interests 
in the Arctic and Indo-Pacific, and much more.
    The threats and challenges facing the homeland never have 
been more complex or dynamic. The President's fiscal year 2024 
Budget for DHS was crafted to meet these threats and challenges 
strategically and responsibly, ensuring that our Department has 
the tools that it needs to keep our communities safe.
    The displacement of people across the region is greater 
than at any time since World War II. I have visited the 
Southwest border approximately 16 times as Secretary to meet 
with our personnel and to see firsthand the challenges that 
they face and the tools that they need to do their jobs.
    The fiscal year 2024 budget proposes the hiring of more 
than 1,400 additional personnel to secure the Southwest border, 
including 350 additional U.S. Border Patrol agents and 310 
additional U.S. Border Patrol processing coordinators, to get 
more agents back into the field performing their critical law 
enforcement mission.
    The budget proposes $535 million in new funds for border 
technology, $305 million of which is to deploy new technologies 
and capabilities in our fight against the trafficking of 
fentanyl through our ports of entry.
    The threat environment that we face along the Southwest 
border is dynamic, and the annual appropriations process does 
not provide the flexibility to address challenges that often 
change from sector to sector and from month to month.
    We propose that Congress create a fund that can be spent 
for specific purposes when certain migrant encounterthresholds 
are met. This would equip our personnel with the tools that 
they need to meet migration surges if and as they occur, like 
transportation resources, soft-sided facilities for processing, 
and grants to support state and local community reception.
    The budget will also enable the department to process the 
increasing number of asylum cases, address the backlog of 
applications for immigration benefits, support the Citizen Chip 
and Integration Grant Program and improve refugee processing to 
meet the goal of admitting up to 125,000 refugees.
    Our schools, hospitals, businesses, local governments, and 
critical infrastructure are increasingly the targets of 
cyberattacks launched by transnational criminal organizations 
and hostile nation states, including the People's Republic of 
China, Russia, Iran, and North Korea.
    This budget invests in personnel, infrastructure, and 
enhanced tools and services to increase the cybersecurity 
preparedness and resilience of our networks and critical 
infrastructure.
    We also must continue to build the culture of preparedness 
so that communities on the frontlines of climate change and 
increasing extreme weather events are informed, ready, and 
resilient.
    This budget provides $20.1 billion for the Federal 
Emergency Management Agency (FEMA) to assist individuals and 
state, local, tribal, and territorial partners affected by 
major disasters and funds whole-of-community efforts in 
building climate resilience.
    The United States Coast Guard provides critical 
capabilities and broad authorities to defend our national 
interests in the Western Hemisphere, the Arctic, and the Indo-
Pacific.
    This budget makes strategic investments in the Coast 
Guard's fleet of Offshore Patrol Cutters (OPC) and Polar 
Security Cutters (PSC) that will advance our safety, security, 
and economic prosperity.
    Finally, the men and women of DHS who serve our Nation are 
our most important and vital resource. We cannot expect to 
recruit and retain a world-class diverse workforce if they are 
not compensated fairly.
    We are asking for $1.4 billion to honor the promise of pay 
fairness for our TSA workforce. This budget will enable the 
Department to respond to the threats of today and to prepare 
for the threats of tomorrow.
    Thank you very much and I look forward to your questions.
    [The statement follows:]
            Prepared Statement of Hon. Alejandro N. Mayorkas
                              introduction
    Chairman Murphy, Ranking Member Britt, and distinguished Members of 
the subcommittee:
    I appreciate the opportunity to appear before you to discuss the 
Department of Homeland Security's (DHS or the Department) Fiscal Year 
2024 President's Budget.
    This month marks the 20th anniversary of the Department's creation, 
which brought together 22 agencies and 180,000 public servants from 
across the Federal Government in a determined national effort to 
safeguard the United States against foreign terrorism in the wake of 
the devastation wrought on September 11, 2001. DHS remains the largest 
reorganization of the Federal Government's national security 
establishment since 1947 and a testament to the grave threat we faced 
as a nation from terrorism brought to our shores by foreign actors and 
foreign terrorist organizations.
    Twenty years ago, Americans seeking a way to serve their country 
joined the Department of Homeland Security to make meaningful 
contributions to the safety and security of the homeland. These first 
employees assembled chairs and desks in front of elevators, drew up 
initial plans and organization charts, and fought for a seat at the 
table. Over 32,000 of those early employees, whom we admiringly refer 
to as ``plank holders,'' are still proudly serving with the Department. 
Their service built the Department into the fit-for-mission 
organization it is today.
    Over the past 20 years, the Department has responded to an 
increasingly dynamic threat landscape with leadership, new programs and 
capabilities, cross-component collaboration, and unflinching dedication 
to mission. Today we are the third largest department in the Federal 
Government with a 260,000-member workforce. Every day, our personnel 
interact with the U.S. public more than any other Federal agency as we 
ensure the safety of Americans in the skies and on the seas, promote 
lawful trade and travel, ensure the protection of our critical 
infrastructure, provide relief when disaster strikes, advance the 
security of cyberspace, combat human trafficking and online child 
sexual exploitation, protect communities from illicit drugs and 
weapons, stand watch at our borders, defend the United States' 
interests in the Arctic and the Indo-Pacific, guard our Federal 
buildings, and more.
    Through all of our work, the Department is guided by 12 priorities 
that I established to ensure we are ready to address the threats of 
today and prepare for the threats of tomorrow. With these priorities in 
mind, I will share how we are confronting these threats and challenges, 
and how the President's Budget will ensure the Department has the 
resources to do so effectively.
    The fiscal Year 2024 President's Budget for the Department, 
totaling $103.2 billion, will ensure DHS has the resources to execute 
our mission to safeguard the American people and our homeland while 
also preserving our values. Of the $103.2 billion requested, $60.4 
billion is discretionary funding, $20.1 billion is for the Disaster 
Relief Fund (DRF) to support response, recovery, and resiliency during 
major disasters, and $22.7 billion is mandatory funding and fee 
collections. In addition to the $103.2 billion, this year the 
Department is proposing up to $4.7 billion in emergency designated 
funding for a Southwest Border Contingency Fund to provide additional 
resources to DHS in the event increased migration along the Southwest 
border exceeds pre-identified encounter thresholds.
    Collectively, we may not have predicted today's diverse and complex 
threat environment when our Department was first created, but our 
mission has never been more vital, our agencies and officers have never 
collaborated more closely, and our Nation has never been more prepared. 
The Department of Homeland Security was born out of tragedy and 
necessity. But in that necessity, we evolved and grew and we attracted 
and retained the very best talent America has to offer to solve its 
greatest challenges. This fiscal Year 2024 President's Budget will 
enable the Department to continue fulfilling our critical mission for 
the American people.
     securing the border and building a safe, orderly, and humane 
                           immigration system
    Violence, food insecurity, severe poverty, corruption, climate 
change, the COVID-19 pandemic, and dire economic conditions have all 
contributed to a significant increase in irregular migration around the 
world. In our hemisphere alone, failing authoritarian regimes in 
Venezuela, Cuba, and Nicaragua, along with an ongoing humanitarian 
crisis in Haiti, have driven hundreds of thousands of people to migrate 
to the United States and other countries. These movements are often 
facilitated by numerous human smuggling organizations that exploit 
migrants as part of a billion-dollar criminal enterprise. The depth of 
suffering that these migrants are willing to endure speaks to the 
desperation they feel about their prospects in their home countries.
    Over the last several months, DHS has announced new processes for 
Cubans, Haitians, Nicaraguans, and Venezuelans and their immediate 
family members that combine an accessible, streamlined opportunity for 
eligible individuals to come to the United States via a lawful pathway 
with consequences for those who do not avail themselves of this pathway 
and instead cross the Southwest border without authorization. Nationals 
of these countries who do not avail themselves of this process and 
attempt to enter the United States without authorization will generally 
be returned to Mexico.
    The coupling of these measures has led to a dramatic reduction in 
the numbers of Cubans, Nicaraguans, Haitians, and Venezuelans seeking 
to cross the Southwest border without authorization. Encounters of 
nationals from these four countries between POEs at the Southwest 
border declined from a seven-day average of 1,231 on the day this 
policy was announced on January 5, 2023, to a seven-day average of 46 
on February 28, 2023-a drop of 96 percent. This reduction represents a 
decline of 99 percent from the early December 2022 high of 3,546 daily 
encounters, and occurred even as encounters of other noncitizens began 
to rebound from their typical seasonal drop.
    While encounters of Cubans, Haitians, Nicaraguans, and Venezuelans 
between POEs at the Southwest border have plummeted, thousands of 
nationals from these countries have successfully followed the process 
for lawful entry. As of March 1, more than 66,000 Cubans, Haitians, 
Nicaraguans, and Venezuelans have, after being thoroughly screened and 
vetted, received travel authorization. More than 45,000 individuals 
have lawfully arrived through commercial air travel at POEs to unite 
with supporters already in the United States, including more than 9,500 
Cubans, more than 8,000 Haitians, more than 2,700 Nicaraguans, and more 
than 25,000 Venezuelans. The successful use of these parole processes 
and the significant decrease in illegal crossing attempts clearly 
demonstrates that noncitizens prefer to utilize a safe, lawful, and 
orderly pathway to the United States if one is available, rather than 
putting their lives and livelihoods in the hands of ruthless smugglers. 
Combining accessible legal pathways with consequences for those who 
fail to use those pathways works.
             a fair, orderly, and humane immigration system
    The Biden-Harris Administration is committed to improving the 
Nation's immigration system and safeguarding its integrity by 
efficiently and fairly adjudicating requests for immigration benefits. 
The fiscal Year 2024 Budget includes $865 million for U.S. Citizenship 
and Immigration Services (USCIS) to process increasing asylum 
caseloads, address processing times for immigration benefit requests, 
support the Citizenship and Integration Grant Program, and improve 
refugee processing to support the Administration's goal of welcoming up 
to 125,000 refugees in fiscal Year 2024.
    The Budget also includes $165 million for the Department's 
Management Directorate to support the design and construction of a 
third permanent Joint Processing Center along the Southwest border. 
This facility, with dedicated operating space for multiple agencies and 
organizations, will make processing more efficient and enable co-
location operations, as appropriate. These projects will provide an 
integrated, whole-of-government solution for the processing of 
noncitizens encountered along the Southwest border.
                       enhancing border security
    DHS is leading the implementation of a whole-of-government effort 
to secure our Nation's borders and enforce U.S. immigration laws. CBP 
is responsible for securing the Nation's borders to protect the United 
States against terrorist threats, combat and deter transnational crime, 
and facilitate lawful travel, trade, and immigration. ICE enforces more 
than 400 Federal statutes and stands at the forefront of our Nation's 
efforts to strengthen border security and prevent the illegal movement 
of people, goods, and funds into, within, and out of the United States. 
The fiscal Year 2024 Budget provides almost $25 billion for CBP and 
ICE, demonstrating significant investments in personnel and technology. 
For example, the Budget funds an additional 350 Border Patrol Agents, 
$535 million for border security technology at and between POEs, and an 
additional 460 processing coordinators and assistants at CBP and ICE to 
further ensure Border Patrol Agents are in the field performing their 
critical law enforcement mission. The fiscal Year 2024 Budget also 
supports CBP's efforts to reduce reliance on DOD support along the 
Southwest border.
                   southwest border contingency fund
    The annual appropriations process makes it difficult to adjust 
operationally to changes at the Southwest border throughout the year. 
In recent years, the Department has relied on supplemental funding and 
internal funding realignments to respond to fluctuating levels of 
migrant encounters that strain appropriated resources. The fiscal Year 
2024 Budget includes a Southwest Border Contingency Fund of up to $4.7 
billion, an emergency funding source to respond to migration surges 
along the Southwest border that only becomes available if migrant 
encounters reach predetermined thresholds. Each fiscal year, the fund 
will receive appropriations quarterly if the number of encounters 
exceeds the pre-identified thresholds. The contingency fund can only be 
used for certain border management costs incurred by CBP, ICE, and 
FEMA, to include requirements such as soft-sided facilities, 
transportation of migrants, medical support, surge staffing, 
immigration detention beds, Alternatives to Detention, and the Shelter 
and Services Grant Program. When the specified encounter rates have 
been met, the Department will notify this Committee of its intent to 
use the resources made available through this Fund.
    The Contingency Fund will help to relieve pressure on CBP's Border 
Patrol stations, facilitate ICE's enforcement of our immigration laws, 
and provide humanitarian assistance. To avoid potential operational 
risks created by realigning funds from base budgets, CBP and ICE will 
use the Southwest Border Contingency Fund for emergent border 
management requirements associated with potential migrant surges. The 
Fund will also allow FEMA to provide critical humanitarian resources 
and relief to local governments and non-profit organizations to help 
better manage the costs of noncitizen arrivals in their communities.
   investing in cybersecurity and infrastructure security protection
    The Department continuously evolves to counter emerging threats and 
protect Americans in our modern world. DHS will implement the 
President's vision outlined in the National Cybersecurity Strategy, 
working with partners across sectors and around the globe to provide 
cybersecurity tools and resources, protect critical infrastructure, 
respond to and recover from cyber incidents, and pave the way for a 
more secure future.
    Our interconnectedness and the technology that enables it--the 
cyber ecosystem--exposes us to a dynamic and evolving threat 
environment, one not contained by borders or limited to centralized 
actors, and one that impacts governments, the private sector, civil 
society, and every citizen. As a result, cyber threats from foreign 
governments and transnational criminals remain among the most prominent 
threats facing our Nation. Hostile nations like Russia, China, Iran, 
and North Korea, as well as cybercriminals around the world, grow more 
sophisticated and create more adverse consequences. The Department 
continues to make significant strides to address these threats, 
including the work of the Cyber Safety Review Board, pursuing 
international partnerships such as expanding the Abraham Accords to 
defensive cybersecurity, promulgation of the cybersecurity performance 
goals, and creating more mature public-private partnerships to secure 
and defend civilian critical infrastructure, including those upon which 
the Department of Defense (DOD) may rely.
    In March 2022, the President signed into law the Cyber Incident 
Reporting for Critical Infrastructure Act (CIRCIA), which requires the 
Cybersecurity and Infrastructure Agency (CISA) to develop and implement 
regulations requiring ``covered entities'' to report ``covered cyber 
incidents'' to CISA no later than 72 hours after the covered entities 
reasonably believe that a covered cyber incident occurred, and to 
report ransom payments within 24 hours after a payment resulting from a 
ransom attack is made. The information derived from these reporting 
requirements will increase CISA's ability to rapidly deploy resources 
and render assistance to victims suffering cyberattacks, analyze 
incoming reporting to identify trends, and quickly share that 
information with network defenders to warn other potential victims. The 
fiscal Year 2024 Budget includes $98 million to help ensure CISA has 
the staffing, processes, and technology in place to successfully 
implement and utilize the information gained through CIRCIA.
    The fiscal Year 2024 Budget is the first to request the 
transitioning of portions of the National Cybersecurity Protection 
System to a new Cyber Analytic and Data System (CADS). Over the past 2 
years, Congress provided CISA with additional authorities and resources 
that in turn enabled unprecedented access to cybersecurity data across 
both Federal and non-Federal systems. This data will allow CISA to 
significantly decrease the time required to identify potential 
intrusions or vulnerabilities and take action to minimize potential 
harm; for example, by rapidly determining that threats identified 
across multiple agencies or companies are part of the same campaign or 
quickly assessing the breadth of a compromise to contain impacts more 
effectively. This data will only increase exponentially with the 
successful deployment of CIRCIA. Effectively leveraging this data 
requires new analytic capabilities and associated infrastructure, which 
CISA is implementing through CADS. CADS will provide a robust and 
scalable analytic environment capable of integrating mission visibility 
data sets and providing visualization tools and advanced analytic 
capabilities to CISA's cyber operators, allowing more rapid analyses to 
inform more rapid actions, and, in turn, reducing the prevalence of 
intrusions and exploitable conditions across Federal and critical 
infrastructure networks. This $425 million request will allow CADS to 
expand the cyber mission systems engineering, mission IT 
infrastructure, and cyber operation tools and services needed to enable 
CISA cyber operators to fully achieve their mission objectives.
                          countering fentanyl
    U.S. Customs and Border Protection (CBP) and U.S. Immigration and 
Customs Enforcement (ICE) work together to combat transnational 
criminal organizations (TCOs) and counter narcotics trafficking and 
other threats. For example, CBP's use of advanced analytics and 
targeting capabilities at the National Targeting Center allows CBP and 
partners to identify critical logistics, financial and communication 
nodes, and areas of weakness in illicit opioid trafficking networks. 
This information is shared with ICE's Homeland Security Investigations 
(HSI), which employs a suite of comprehensive criminal investigative 
techniques to combat drug trafficking into the United States, which 
primarily happens at ports of entry (POEs) rather than between POEs. 
Investigative techniques deployed by HSI include physical surveillance 
and authorized electronic surveillance, defendant and witness 
interviews, the use of confidential informants and sources of 
information, and Special Agents embedded with host country law 
enforcement. HSI investigates land border narcotics seizures and 
contraband smuggling events as part of its strategy to disrupt and 
dismantle the capabilities of TCOs and target sources of supply. 
Information resulting from these investigations is further shared with 
CBP to assist in locating and interdicting these smuggling attempts.
    The shift in the illicit drug market towards synthetic opioids, 
primarily fentanyl and its analogs, led CBP to develop and implement 
the CBP Strategy to Combat Opioids. With the support of Congress, CBP 
continues to make significant investments and improvements in drug 
detection and interdiction technology. CBP's extended border and 
foreign operations missions involve collaborating with U.S. and 
international partners to conduct joint maritime operations in the 
source, transit, and arrival zones of the Western Hemisphere. In 
collaboration with Joint Interagency Task Force South, CBP operates 
aircraft throughout North and Central America, conducting counter-
narcotics missions to detect and thereby facilitate the interdiction of 
bulk quantities of illicit narcotics by partner countries and agencies. 
CBP seized 11,200 pounds of fentanyl in fiscal Year 2021 and 14,700 
pounds in fiscal Year 2022. This compares to 2,804 pounds in fiscal 
Year 2019.
    Analysts continue to assess that the vast majority of fentanyl that 
enters the United States moves through U.S. POEs. At our POEs, CBP's 
non-intrusive inspection (NII) program deploys technologies to inspect 
and screen cars, trucks, rail cars, sea containers, as well as personal 
luggage, packages, parcels, and flat mail through either X-ray or 
gamma-ray imaging systems.
    CBP Officers at our POEs use NII systems to help detect drugs, 
unreported currency, guns, ammunition, and other illegal goods, as well 
as human smuggling attempts, while having a minimal impact on the flow 
of legitimate travel and commerce. CBP Officers and Agents currently 
utilize over 370 large-scale systems and more than 3,500 small-scale 
NII systems to scan cargo and vehicles. In fiscal Year 2021, CBP 
executed fiscal Year 2019 funding to procure 123 additional large-scale 
NII systems to reach the current goal of 493 total systems. These 
additional units are expected to increase scanning to 40 percent of 
passenger vehicles and 70 percent of cargo vehicles along the Southwest 
border land ports of entry. These increases will represent a 2,000 
percent gain in scanning capacity and dramatically enhance our 
enforcement and deterrence efforts. CBP will continue to utilize risk-
based analysis to screen the remaining 60 percent of passenger vehicles 
and 30 percent of commercial vehicles through our existing layered 
enforcement strategy. The Budget request of over $305 million in fiscal 
Year 2024 will allow CBP to identify, procure, and deploy enhanced 
inspection capabilities to interdict emerging threats in the land and 
mail environments, specifically within civil works activities for 
drive-through NII deployments, enhanced narcotic detection with a 
primary focus on fentanyl detection, inspection technology at mail and 
express consignment facilities, chemical analysis to enable 
interdiction of opioids, and systems integration.
    HSI is the principal investigative arm of DHS and plays a critical 
role in countering narcotics trafficking by exchanging information, 
coordinating investigations, and facilitating enforcement actions with 
law enforcement partners abroad to deter the ability of TCOs to smuggle 
drugs, people, and contraband into and out of the United States. HSI 
has matured into one of the premier criminal investigative agencies in 
the world. In fiscal Year 2022, HSI conducted 11,535 narcotics-related 
criminal arrests and seized roughly 1.87 million pounds of narcotics, 
which included 20,981 pounds of fentanyl. Additionally, HSI Agents 
seized more than $210 million in total currency and assets through 
their narcotics enforcement efforts.
    The fiscal Year 2024 President's Budget includes $40 million to 
support the Monroe Project operations along the Southwest border to 
combat illicit drug operations. The Monroe Project is a recent DHS-wide 
effort aimed at targeting criminal organizations responsible for 
distributing illicit fentanyl that killed more than 77,000 Americans 
last year. A key component of the Monroe Project is the consolidation 
of information to enable better data-driven decision-making. This 
funding also supports capacity enhancement for HSI Mexico and their 
Transnational Criminal Investigative Unit, which is a critical 
component in the DHS strategy to disrupt and dismantle TCOs 
specializing in the production and distribution of fentanyl.
  combating human trafficking and preventing child sexual exploitation
    Combating the abhorrent crimes of human trafficking and child 
sexual exploitation and abuse (CSEA) is a top priority for the 
Department. These crimes target the most vulnerable among us, offend 
our most basic values, and threaten our National security and public 
safety.
    Almost every office and agency in the Department plays a role in 
our counter-human trafficking mission. The DHS Center for Countering 
Human Trafficking (CCHT) coordinates the counter-trafficking efforts of 
16 offices and component agencies, reflecting our commitment to combat 
this heinous crime from every angle: investigations and enforcement, 
intelligence, public education and prevention, policy innovation, 
victim protection and support, and more.
    HSI leads criminal investigations into sex trafficking and forced 
labor, making 3,655 human trafficking-related arrests during fiscal 
Year 2022, an increase of more than 50 percent over the previous fiscal 
year. Our human trafficking investigations led to 638 convictions, an 
increase of more than 80 percent over the previous year.
    The fiscal Year 2024 Budget includes $24 million for HSI Child 
Exploitation Investigations Unit (CEIU), an increase of $17 million, to 
enhance HSI's capability to investigate international and domestic 
child exploitation. CEIU will utilize these resources to develop 
additional specialized sections within CEIU to focus on new and 
emerging threats, as well as the development of an online undercover 
program to ensure that HSI is utilizing all tools available to combat 
Child Sexual Exploitation and Abuse around the globe. CEIU employs the 
latest technology to collect evidence and track the activities of 
individuals and organized groups who sexually exploit children using 
the open internet, DarkNet, chat rooms, peer-to-peer trading, and other 
app-based platforms. The Budget also includes $22 million for HSI's 
Center for Countering Human Trafficking, a $2 million increase. These 
additional resources will increase the number of investigators working 
to combat child exploitation and human trafficking.
  modernizing coast guard operational capability and presence in the 
                             arctic region
    As a maritime nation, the United States depends on a strong and 
agile Coast Guard to enhance the Nation's maritime safety, security, 
and economic prosperity. For 232 years, the Coast Guard has applied its 
broad authorities and capabilities to save lives, protect our waters, 
and defend our National interests. As challenges to our National 
security and global influence grow more complex, the need for a more 
adaptive and connected Coast Guard has never been greater. By 
confronting threats to the homeland wherever they emerge--from the 
Arctic to the Indo-Pacific--the Coast Guard secures our borders, saves 
lives, counters malign state behavior, prevents terrorism, and reduces 
physical and cybersecurity risks.
    The fiscal Year 2024 Budget provides $12.1 billion in net 
discretionary funding to sustain readiness, resilience, and capability 
while building the Coast Guard of the future to ensure the Service has 
the assets, systems, infrastructure, and support needed to enhance the 
Nation's interests in an increasingly complex and connected world. The 
Budget continues efforts for the Coast Guard's two highest acquisition 
priorities, the Offshore Patrol Cutter and the Polar Security Cutter, 
and advances the Great Lakes Icebreaker acquisition--an asset ensuring 
America's continued economic prosperity on our domestic waterways.
    As climate change and strategic competition increasingly affect the 
geography, stability, and security of the Arctic region, Coast Guard 
presence and leadership have never been more critical. The fiscal Year 
2024 President's Budget also requests $150 million to support the 
acquisition of a commercially available polar icebreaker, including 
initial modifications, crewing, and integrated logistics support 
required to reach initial operating capability. The United States has 
vital national interests in the polar regions and the purchase of a 
commercially available polar icebreaker is a viable strategy to 
accelerate U.S. presence in the polar regions in the near term.
   modernizing transportation security administration (tsa) pay and 
                           workforce policies
    TSA is an intelligence-driven national security organization that 
combines the skills of its workforce, evolving security procedures, and 
technology to optimize resource utilization and mission effectiveness. 
The nation's economy depends on the implementation of transportation 
security measures that provide effective security against threats and 
ensure an efficient flow of people and commerce. TSA is committed to 
the highest level of security for the United States across all modes of 
transportation. Investment in enhanced security capabilities and 
technology will further strengthen TSA's ability to employ risk-based 
security measures to actively combat evolving threats to critical 
transportation infrastructure.
    The fiscal Year 2024 Budget continues the fiscal Year 2023 
initiative to increase TSA pay levels, making TSA pay comparable to 
private sector and Federal Government employees in similar positions, 
which will greatly assist in recruitment and retention efforts. The TSA 
workforce deserves to be fairly compensated at rates comparable with 
their peers in the Federal workforce. The Budget includes $1.1 billion 
to ensure TSA employees are paid at a level that is no less than their 
counterparts on the General Schedule pay scale. An additional $53 
million covers the costs of pay systems conversion and establishes a 
labor relations support capability to manage expanded labor benefits 
and the right to appeal adverse personnel actions to the Merit Systems 
Protection Board. Enhancements to TSA pay supports the President's and 
my commitment to fostering diversity, equity, and inclusion in the 
Federal workforce.
    The Federal Government has repeatedly leveraged TSA's unique 
authorities--including the ability to issue Security Directives and 
Emergency Amendments within hours of receiving information about a 
threat--to address cyber threats. This threat has grown dramatically in 
the past decade and that growth shows no sign of slowing down. 
Accordingly, the fiscal Year 2024 Budget includes an increase of $10 
million to conduct critical mission support functions to reduce the 
cyber threat to American critical infrastructure in both near and mid-
terms, and in support of both surface and aviation sectors.
             supporting 2024 presidential campaign security
    The U.S. Secret Service (USSS) carries out the unique and 
integrated missions of protecting senior leadership and investigating 
threats to the Nation's financial system. Best known for protecting the 
President, the Vice President, their immediate families, visiting heads 
of state, and other designated individuals, the USSS also protects the 
White House Complex, the Vice President's residence, foreign diplomatic 
missions, and other designated buildings. Further, it coordinates 
security at designated National Special Security Events, such as the 
State of the Union Address and the United Nations General Assembly, and 
protects our financial infrastructure by investigating counterfeiting, 
identity theft, computer fraud, and other crimes related to the 
financial security of the United States. Every 4 years, the USSS must 
also plan for the increased requirement related to the Presidential 
Campaign. The fiscal Year 2024 Budget includes $191 million to ensure 
that the 2024 Presidential Campaign is adequately resourced for the 
protection of major candidates, nominees, their spouses, and nominating 
conventions. The funding supports the enhanced protection, security, 
travel, and overtime for the 2024 Presidential Campaign and includes 
resources to train USSS personnel and other Federal partner agencies.
    The President's Budget also continues to invest in USSS staffing, 
funding an additional 77 positions and bringing the total strength to 
8,382, the highest in the Service's history.
          investing in climate and natural disaster resilience
    The Federal Emergency Management Agency (FEMA) strengthens the 
Nation's ability to prepare for and respond to disasters of all types 
and magnitudes via partnerships with State, local, Tribal, and 
territorial (SLTT) governments, in part through its grant programs. The 
Budget includes increased funding for programs and activities that 
support FEMA's goals to lead whole- of-community efforts in climate 
resilience and promote and sustain a ready FEMA and prepared nation. As 
part of the Administration's efforts to address climate change, the 
fiscal Year 2024 Budget provides $4.0 billion for DHS's climate 
resilience programs, a more than $150 million increase from fiscal Year 
2023 enacted. This is in addition to $1 billion provided by the 
Bipartisan Infrastructure Law for fiscal Year 2024. The Budget helps 
SLTT partners build climate resilience through various FEMA grant 
programs. The Budget also includes more than $500 million for flood 
hazard mapping, including the development of new data to support future 
flood conditions and their impacts.
    The fiscal Year 2024 Budget provides a major disaster allocation 
totaling $20.1 billion for FEMA to assist SLTT partners and individuals 
affected by major disasters and provides a total of $3.2 billion to 
promote and sustain a prepared nation through FEMA grants to improve 
the Nation's disaster resilience and implement preparedness strategies. 
This includes increasing the Nonprofit Security Grant Program by $55 
million to a total of $360 million for target hardening and other 
physical security enhancements and activities by nonprofit 
organizations that are at a high risk of terrorist attack. This also 
includes $50 million to establish a critical infrastructure 
cybersecurity grant program to support risk reduction strategies to 
protect critical infrastructure from cyberattacks. The Budget also 
provides $145 million to support Disaster Relief Fund base requirements 
associated with emergency declarations, pre-declaration surge 
activities, Fire Management Assistance Grants, and disaster readiness 
and support activities.
                    sustainability and conservation
    The Administration remains committed to establishing the Federal 
Government as a leader in sustainability. The Budget includes $123 
million for DHS, as the third largest department in the Federal 
Government and the Nation's largest law enforcement agency, to support 
integrated market-shaping investments into Zero-Emission Vehicles and 
charging infrastructure. The Budget also demonstrates the 
Administration's continued support for the strategic investment in the 
National Capital Region (NCR) for Headquarters and facility 
requirements at St. Elizabeths. The Budget includes $264 million for 
the Department to consolidate its physical footprint across the NCR. In 
fiscal Year 2024, funding will be used for the construction of new 
facilities, including the Office of Intelligence and Analysis, at the 
St.
    Elizabeths West Campus, consolidation of the remaining Management 
Directorate and FEMA Headquarters from dispersed locations to a 
consolidated space, and the continuation of utilization improvements at 
the Ronald Reagan Federal Office Building for CBP.
                               conclusion
    As DHS enters its third decade, the Department will continue to 
evolve and rise to the challenges posed by an ever-changing threat 
landscape. It is a great privilege to represent and serve alongside the 
DHS workforce that has time and again demonstrated exceptional skill 
and an unwavering commitment to keeping our country safe.
    The fiscal Year 2024 President's Budget includes the necessary 
funding and authorities for DHS to carry out its wide-ranging mission. 
I am grateful to this Committee for your continued support and the 
opportunity to appear before you today. I look forward to working 
together and to answering your questions.

                       ASYLUM APPLICATION PROCESS

    Senator Murphy. Thank you very much, Mr. Secretary.
    We'll now begin a series of--I see seven questions, 
according to my clock.
    I think one of the most difficult things this committee 
will have to deal with is this rather unusual request to set 
aside a significant portion of funding that would be used, as 
you mentioned, in the case of certain thresholds being crossed. 
It makes it a little hard to have full transparency about the 
efficacy of the underlying budget request because, as you said, 
you would be using some of those dollars, for instance, to 
supplement USCIS processes.
    And so I think this is an ongoing conversation we're going 
to have to use. I'm not sure that we're doing our job as a 
committee if we are sort of handing a very big chunk of 
unearmarked dollars to the department.
    But I wanted to ask you specifically about the plan the 
President has announced regarding a new process for asylum as a 
means to try to better manage the numbers that are presenting 
at the border today but are expected to come to the border when 
Title 42 is lifted.
    This new process contemplates that individuals will apply 
before they arrive at the United States or they will set up an 
appointment and if they don't, they will either be returned to 
their home country or back across the border to Mexico.
    Where do you lack funding? Where are the parts of the 
budget that you are going to need the most significant 
additions in order to implement that new process and that new 
pending rule? The rule's gotten flack from the left. It's 
gotten flack from the right. That probably means it's worth 
considering, but where are you under-resourced if you're 
successful in implementing the President's new plan?
    Secretary Mayorkas. Mr. Chairman, if I could take a step 
back for just a moment?
    The model that we are implementing is a model of building 
safe, orderly, and lawful pathways to come to the United States 
to make a claim for humanitarian relief under the laws that 
Congress passed, and to deliver a consequence for individuals 
who do not avail themselves of that safe, orderly, and lawful 
pathway.
    We announced on January 5th such a model for Cuban, 
Haitian, Nicaraguan, and Venezuelan migrants, and we have seen 
through that program a 95-percent drop in the number of 
individuals from those four countries arriving at our southern 
border in between the ports of entry.
    That is the model that we are building on and that is what 
this rule, this proposed rule provides. It is indeed that 
proposed rule. We sought public comments. The public comment 
period, I think, closed this past Monday.
    Here, too, we're seeking to cut out the smugglers for the 
very compelling reasons that Ranking Member Britt articulated. 
We see too much suffering, too much tragedy at the hands of 
those smuggling organizations.
    The budget, the financial needs that we have to really fund 
this program, as well as all programs that we are implementing, 
is across-the-board. We need more asylum officers in USCIS. We 
need more CBP agents and Office of Field Operations (OFO), 
officers. We need more HSI agents because one cannot take a 
look at this program in isolation. It is part of the mosaic of 
the challenge of immigration that we are encountering as we 
seek to administer a system that is fundamentally broken.

                       DRUG TRAFFICKING: FENTANYL

    Senator Murphy. Thank you for that and look forward to 
working with you on that request.
    Let me talk to you about fentanyl for a moment. A 
bipartisan delegation just came back from Mexico City. We spent 
about four hours with the Mexican President. We pressed him on 
offers of cooperation that we have made to his government to 
try to work together on identifying precursor shipments and 
fentanyl labs so that we can take joint action or so that the 
Mexican Government can take action.
    If we were to dramatically upscale resources to HSI and to 
the other capabilities that you provide in cooperation to and 
with the Mexican Government, could you spend it or are you 
having a tough time convincing President Lopez Obrador and his 
team to do the kind of cooperative activity that we know will 
be effective in identifying fentanyl before it reaches our 
border?
    Secretary Mayorkas. Mr. Chairman, this is the single 
greatest challenge that we face as a country. More than 70,000 
people, Americans, died last year from fentanyl overdose 
deaths. I think that 57,800 died in 2020, in the last year of 
the Trump Administration. This is a scourge that has been 
years-long and we are bringing the fight to the cartels.
    We are working cooperatively with our Mexican counterparts. 
We can spend the money and the money is vitally necessary to 
resource our fight against the scourge of fentanyl.
    We have transnational criminal investigative units on which 
HSI special agents work with their Mexican counterparts. We are 
increasing the ability of Mexico to secure its seaport because 
its seaport receives precursor chemicals and manufacturing 
equipment from the People's Republic of China for the 
manufacture of fentanyl.
    We can spend the money. We need the funding, and the fiscal 
year 2024 budget that the President has presented does indeed 
resource this department.

                            BORDER SECURITY

    Senator Murphy. I hope that you're right. I mean, I think 
if past is predicate, we have had difficulty in convincing the 
Mexican Government to take our offers. I felt that the 
President was very open, I think, in a new and helpful way and 
I think we'll look forward to working with you on that.
    I have one final question. It is this. There's a lot of 
questions that get thrown around at hearings like this to ask 
you and others who appear before us to define the conditions at 
the border. Sometimes the question is, is the border secure? 
Sometimes the question is do we have operational control at the 
border?
    I think those words mean something different to everybody 
and so I think it's a difficult conversation to have, but how 
do you define whether the border is secure, whether we have 
operational control at the border? How do you talk to the 
public about the state of security at the border today?
    Secretary Mayorkas. Mr. Chairman, indeed, different people 
provide different assessments.
    There is no question that the security of the southern 
border is an extraordinary challenge. We cannot understate the 
severity of the challenge. That challenge is not unique to the 
southern border of the United States. That is a challenge that 
countries throughout our hemisphere are encountering and 
grappling with, and I cite Colombia as a powerful example.
    The population of Venezuela is approximately 28 million 
people, approximately 8 million of whom have fled the country 
that is their home. Colombia is host to approximately 2.5 
million of them.
    We are seeing movement of Peruvians, Ecuadorians, 
Dominicans, and Chileans. We are seeing the movement of people 
throughout the hemisphere that is the greatest migration in our 
region since World War II.
    The way that I make the assessment, I do not--of course, I 
enforce the law. That is my responsibility. It has been a 
responsibility that I have carried proudly and fulfilled for my 
nearly 23 years of public service, the first 12 of which I 
served as a Federal prosecutor. So, of course, I enforce a law 
of the Secure Defense Act of 2006 and every other law that 
Congress has passed.
    But the Secure Defense Act of 2006 defines operational 
control as the prevention of all unlawful entries at our 
border. That means that one single got-away would equal the 
failure to have operational control of our border, and so under 
that definition, no Administration has ever had operational 
control.
    What I try to do in communicating to the public is to be 
practical and to speak to them in a way that they could 
understand so that not every single Administration has to throw 
its hands up and say we've never had operational control. I 
speak of maximizing the resources that we have to deliver the 
most effective results.
    Senator Murphy. Thank you very much, Mr. Secretary.
    Senator Britt.

                            SOUTHWEST BORDER

    Senator Britt. Thank you, Mr. Chairman.
    Mr. Secretary, as you know, we have a limited time. So I 
want to get started off with just some very high-level 
questions, yes or no, and then we can get into details as time 
allows.
    First, do you believe that there is a crisis at the 
Southwest border?
    Secretary Mayorkas. Ranking Member Britt, I think that 
there is a very serious challenge at the southern border, as I 
have articulated.
    Senator Britt. Yes, sir. Are you willing to call it a 
crisis?
    Secretary Mayorkas. I consider it a very significant 
challenge and I am focused on the substance of the issue and 
the devotion of resources most effectively to address the 
challenge that we confront as a country.
    Senator Britt. Yes, sir. I'm disappointed to not hear you 
call it a crisis truly because I think that's what we have 
before us.
    When we look at the budget that President Biden put 
forward, it's clear that this Administration is not afraid of 
calling out a crisis when they believe they see one. I will 
note that we have mentioned in the budget a climate crisis. We 
have mentioned a youth mental crisis. We have a maternal health 
crisis, a behavioral health crisis. We have a wildfire crisis. 
We have a crisis of missing and murdered Indigenous persons. We 
have a biodiversity crisis. We even have a roadway and 
pedestrian safety crisis.
    Now my point here is not to diminish the seriousness of 
each and every one of those topics that I just listed. It is to 
show that President Biden and this Administration is not afraid 
of calling out a crisis if they believe they have one.
    So I ask you one more time. Do you believe we have a crisis 
at the Southwest border?
    Secretary Mayorkas. Ranking Member Britt, let me assure you 
that whatever language is used does not change the fact that we 
are devoting every ounce of energy to address the challenge.
    Senator Britt. I am hopeful that we can get on the same 
page about this. When you look at what is happening, what would 
trigger this? If you look at Title 42 ending on May 11th, your 
own department has said we're going to see probably double the 
numbers coming across the border at that point in time.
    Will that elevate it to this Administration being able to 
call it for what it is, a crisis?
    Secretary Mayorkas. Ranking Member Britt, what we have done 
is we have provided projections not necessarily in terms of 
what we anticipate seeing but, rather, what we need to plan 
for.

                       DRUG TRAFFICKING: FENTANYL

    Senator Britt. Well, let's talk about fentanyl then. When 
we see how much is coming over the border, I mentioned it and 
it's already been mentioned here by the Chair, but we've lost 
over 100,000 people to drug overdoses and 70,000 of those, as 
you mentioned yourself, are attributed to fentanyl.
    When we look at what's coming across the border, you said 
in your testimony right now that that is the single greatest 
challenge facing our nation.
    So do you believe we have a fentanyl crisis in this nation?
    Secretary Mayorkas. I think the word that you used, Ranking 
Member Britt, is so appropriate. We have a scourge of fentanyl. 
I think it's more than 70,000 American lives that have been 
lost.
    Senator Britt. Is the majority of that fentanyl coming over 
the Southwest border?
    Secretary Mayorkas. It is coming through--I think that more 
than 90 percent actually is being trafficked through the ports 
of entry at our southern border, yes.
    Senator Britt. What are we doing to be able to capture that 
at the ports of entry?
    Secretary Mayorkas. We have surged resources to an 
unprecedented degree to detect, to interdict the fentanyl from 
coming and to investigate and prosecute the individuals who are 
traffickers.
    Senator Britt. Okay. What are we doing--obviously it has 
been made note that the Chinese Communist Party are sending 
those precursors over to Mexico, and what are we doing to 
disrupt and dismantle that transnational criminal organization, 
to disrupt that network?
    Secretary Mayorkas. We have brought unprecedented force to 
that effort, Ranking Member Britt. I'd like to cite the new 
surge operation that we launched last week, Operation Blue 
Lotus, that I directed of HSI.
    We have brought additional HSI agents to the ports of entry 
so that they have an increased and immediate physical presence 
there, not only for the assistance in the interdiction of the 
drugs, but critically for the immediate investigation, 
apprehension, and ultimately, prosecution of the traffickers 
themselves.

                            BORDER SECURITY

    Senator Britt. And I appreciate that and I want you to hear 
me say we've got to continue to do more. This is affecting 
communities all across our country. It is affecting children. 
It is the leading cause of death between the ages of 18 and 45 
in this nation. It is without a doubt a crisis and I will say 
once again that I'm disappointed that I can't hear you say 
those word as well.
    Additionally, I'd like to talk about the border and its 
security. The Chair has already alluded to the fact that 
whether we talk about operational control or whether we talk 
about maximizing resources, I'm actually not interested in 
those definitions.
    What I am interested in is from your perspective as the 
Secretary of Homeland Security, do you believe we have a secure 
border?
    Secretary Mayorkas. Ranking Member Britt, I think that I 
have addressed this issue. As I mentioned, the words that we 
use do not define the actions that we take.
    The challenge that we confront defines the actions that we 
take and we are using every ounce of energy and resources we 
have to address the challenges, not only at our southern border 
with respect to their regular migration, not only with respect 
to trafficking of fentanyl, but across the entire breadth of 
mission of DHS.
    Senator Britt. Respectfully, Mr. Secretary, it's not 
enough. We have a humanitarian crisis and national security 
crisis, the face of which becomes very real.
    You mentioned your trips to the border. I have went to the 
border three times in the first 2 months to see it myself.
    When you have a border that is 2,000 miles long, there's no 
way to capture it all without going and seeing and continuing 
to look and learn. We must do better. Our border is not secure 
and we owe it to the citizens of this nation. We owe it to the 
people who are being trafficked by these drug cartels to take 
back control.
    Speaking of the Border Patrol chief this month said, ``The 
cartels control an awful lot of the southern border south of 
the United States.''
    Yes or no, do you agree with that statement?
    Secretary Mayorkas. That is Chief Ortiz, whom I selected to 
lead the U.S. Border Patrol, and I'm very proud of his 
leadership. I do believe that the cartels control a significant 
amount of territory south of our border, which is why we have 
an all-of-government effort to attack those cartels.
    Senator Britt. So I agree, as well, and when you visit, it 
becomes very clear.
    Following up on that, do you believe that the cartels have 
a growing influence north of our southern border?
    Secretary Mayorkas. I believe that they have their 
tentacles in the United States as they have had for many years. 
They have grown significantly in sophistication, size, 
capability since I spent my time prosecuting members of that 
organization when I served as a Federal prosecutor.
    Senator Britt. And, Mr. Secretary, I'm out of time, but I 
will say I agree.
    When we look at what drug cartels are doing not only south 
of our border but here in our country, we are allowing this 
crisis to make these cartels rich to the tune of billions of 
dollars and the cost of that is in real human faces and 
children in our communities all across this country.
    So thank you.
    Senator Murphy. Thank you, Senator Britt.
    We're going to give Chair Murray a chance to catch her 
breath and I'm going to recognize Senator Peters.

                          ICEBREAKING CAPACITY

    Senator Peters. Thank you, Chairman Murphy.
    Secretary Mayorkas, it's good to see you here today. I'll 
probably be seeing you again on April 18th when you come before 
my Homeland Security Committee for another budget hearing. So 
I'll look forward to that.
    So the majority of my questions will be reserved for when I 
see you later in April, but a few questions for you, some 
related to my home state in Michigan.
    You know, icebreaking in the Great Lakes is not just for 
Michigan's economy, incredibly important, but also for the 
entire country. Icebreaking capacity in the Great Lakes 
supports more than 90 million tons of cargo annually and, 
unfortunately, inadequate icebreaking poses a risk to our 
economic recovery.
    I was pleased to see in the budget there's a request for 
$55 million for long lead time materials and for support for 
acquisition of a second heavy Great Lakes icebreaker.
    So, Secretary Mayorkas, my question for you is first off, 
may I have your commitment to work with me and the committee to 
swiftly utilize this funding to get a second heavy icebreaker 
on the Lakes as well as to secure the additional funding to 
support the Great Lakes icebreaking fleet?
    Secretary Mayorkas. Most certainly, Senator, I do. I commit 
to working with you. These icebreakers are so vitally important 
not only, of course, in the Great Lakes Region but in the 
Arctic, as well, and that is why our fiscal year 2024 budget 
also provides for funding for a commercially available 
icebreaker.
    Our challenges in the Arctic are extraordinary as the 
People's Republic of China and Russia seek to expand their 
footprint there.

                         GREAT LAKES PROTECTION

    Senator Peters. Right. Well, thank you.
    One of my own priorities as a Senator, one of my top 
priorities, I should say, is always protecting the Great Lakes, 
in addition to having commerce moving safely and efficiently 
across the waters.
    I worked with the Coast Guard and the department in 2018 to 
establish the Great Lakes Center of Expertise for Oil Spill 
Preparedness and Response which is in Michigan and something 
that we're very proud that that's located in our state.
    The center is intentionally located not far from a major 
oil pipeline which, if ruptured, could affect the drinking 
water for literally tens of millions of people, and I'm 
grateful to the Coast Guard for establishing the center and 
I'll keep working to grow its resources and its capacity to 
serve the Great Lakes.
    So, Secretary Mayorkas, may I have your commitment to work 
with me and this committee to support the Coast Guard's work in 
freshwater which matters so much to us in the Great Lakes 
Region?
    Secretary Mayorkas. Most certainly, Senator.

                    NONPROFIT SECURITY GRANT PROGRAM

    Senator Peters. Thank you.
    Anti-Semitic incidents in the U.S. reached their highest 
level last year since 1979, according to the Anti-Defamation 
League, and taken together with other recent events, such as 
bomb threats against historically black colleges and 
universities and attacks against Asian Americans, it's clear 
that racial, ethnic, and religious groups are facing an 
increasing threat.
    One of the Federal Government's primary ways to help 
communities protect themselves is through the nonprofit 
Security Grant Program which provides funding to houses of 
worship and other nonprofits to protect against these often 
domestic terrorist attacks.
    Secretary Mayorkas, I'm pleased to see the President 
requested $360 million for this program. I certainly have 
advocated for the same.
    Could you please explain why this investment is so critical 
given today's complex threat environment in our country?
    Secretary Mayorkas. Senator, the terrorism threat in our 
country has evolved over the past 20 years since the department 
first was created. Initially, of course, in light of the 
tragedy and devastation of 9/11, we were focused on the foreign 
terrorists who sought to enter our country and to do us grave 
harm.
    That evolved over the years and during the Obama-Biden 
Administration, the threat that we faced most prominently, 
though its prior iterations certainly didn't disappear, was the 
threat of the homegrown violent extremist, the individual 
already resident in the United States and radicalized to 
violence by a foreign terrorist ideology, who sought to do us 
harm, and now the greatest terrorism-related threat that we 
face.
    While these other iterations, prior iterations haven't 
disappeared, a threat of domestic violence remains be 
individuals radicalized to violence by an ideology of hate, 
false narratives, anti-government sentiments, personal 
grievances, and other narratives spread on online platforms 
through social media.
    We see an increasing amount of violence by reason of 
ideologies of hate. The Nonprofit Security Grant Program allows 
us to equip and empower local communities, places of worship, 
and schools that are nonprofit organizations that are target-
rich and resource-poor to build out their security. While we 
partner with them, they also have to have inherent in their 
capabilities the power and strength to protect themselves and 
that is why that program is so vitally important.

                    BORDER SECURITY: NORTHERN BORDER

    Senator Peters. Well, thank you, appreciate that continued 
support because it is vitally important.
    As we talk about border security, I always have to remind 
my colleagues, being from the state of Michigan, we have a 
northern border as well as a southern border, and as trade and 
travel continues to return to pre-pandemic levels, it's 
critical that the CBP has the personnel necessary to support 
operations at our ports of entry, including the northern 
border.
    So amid increasing retirement eligibility for numerous 
dedicated CBP officers, how are you ensuring that the northern 
border has the resources and the personnel it needs, especially 
as we near the opening of the Gordy Howe International Bridge 
which will become one of the busiest border crossings in all of 
North America?
    In fact, we have a couple of top five in Michigan in terms 
of the volume of trade that goes across our border.
    Secretary Mayorkas. Senator, the funding that we have 
received in fiscal year 2023, thanks to the appropriation of 
Congress, funds not only our Border Patrol agents for our 
border security on the south and the north, but also our OFO 
officers that man the ports of entry which I know are so 
important to the states that border with Canada. In our fiscal 
year 2024 budget, we are seeking enhanced personnel precisely 
for that reason.
    Senator Peters. Thank you, Secretary.
    Thank you, Mr. Chairman.
    Senator Murphy. Chair Collins.

                          ASYLUM SEEKERS: WORK

    Senator Collins. Thank you, Mr. Chairman.
    Let me begin by saying that I'm delighted that you and 
Senator Britt will be leading this important subcommittee.
    Welcome, Mr. Secretary. Mr. Secretary, since January of 
this year, approximately 900 individuals have arrived in 
Portland, Maine, from our southern border. They join thousands 
of others asylum seekers who have made their way to the state 
of Maine.
    I want to tell you a story to illustrate a real problem 
that we have because of the current law that prohibits asylum 
seekers from working for a number of months.
    I received a call last year from a restaurant owner in 
Freeport, Maine. He was desperate for more workers. He was 
having to curtail the number of hours that he could be open 
because of a lack of employees. Right next to that restaurant 
was a hotel that was hosting asylum seekers and their families. 
The hotel was full of them. The hotel owner wanted to hire some 
of the asylum seekers.
    In other words, we had a situation here where employers 
were desperate to hire these individuals who had made their way 
to the state of Maine and these asylum seekers were very eager 
to get to work. They brought skills with them, energy with 
them. They wanted to be independent of local aid. They wanted 
to be able to support their families.
    So if we allowed asylum seekers to work after 1 month 
vetting period as long as they entered through a legal port of 
entry, 1 month would give us time to do an initial background 
check to make sure they weren't on the terrorist watch list, 
for example, and to verify their identities, why couldn't we 
change the law and have a win-win situation here?
    The asylum seekers are eager to work and support themselves 
and their families. The employers in my state are desperate for 
more workers, and it would also benefit the municipalities that 
are under increasing strain as they're supporting thousands of 
asylum seekers.
    So Senator Sinema and I, along with a bipartisan coalition, 
have introduced legislation that would shorten the period to 1 
month.
    Would you support such a bill?
    Secretary Mayorkas. Senator, thank you very much for your 
question.
    I very much look forward to working with you on that bill. 
You and I have spoken before about the great misfortune of 
having employers throughout the United States who depend on 
additional workers, seasonal or otherwise, and yet our 
fundamentally broken immigration system cannot meet that need.
    I take a look at the country to the north, to Canada, and 
how its immigration system actually is more responsive to its 
labor needs than certainly ours is, whether it's the H-2B 
Program or the fact that an asylum seeker must wait 150 days, I 
think it's 150 days, since the filing of their application 
before they can apply for a work authorization.
    Our asylum system is fundamentally broken. Our whole 
immigration system is broken and I very much look forward to 
working with you on a bipartisan basis.

                     TERRORIST GROUPS: AFGHANISTAN

    Senator Collins. Thank you. I very much appreciate that. We 
can't fix every problem, but, boy, we ought to be able to fix 
that one.
    Let me, in light of Senator Peters' comments about 
homegrown terrorists and the domestic extremists, violence 
extremists, ask you about another issue.
    Increasingly we're seeing terrorist groups in Afghanistan 
become far more capable of launching an attack on our Western 
allies or eventually on the homeland. Unfortunately, a great 
deal of material, weapons, and equipment was left when we did 
our hasty departure from Afghanistan.
    I'm very aware, having helped create the Department of 
Homeland Security, of your role in protecting critical 
infrastructure.
    What is the department doing in light of the increased 
threat of terrorist groups that are being given safe haven in 
Afghanistan?
    Secretary Mayorkas. Senator, your question goes precisely 
to the reason why, in sharing with Senator Peters the growth of 
domestic violent extremism, I articulated explicitly that the 
prior iterations of the terrorist threat have not disappeared.
    We have not lost our focus. Our Office of Intelligence and 
Analysis works with the rest of the intelligence community so 
that we have a clear understanding of the threat in foreign 
nations that could have an impact on the security of our 
homeland. I want to assure you that not only the Office of 
Intelligence and Analysis but our CBP personnel, our TSA 
personnel, our Coast Guard personnel, our entire department is 
focused on the very issue that you identify. We are not taking 
our eyes off the prior iterations of terrorism because they 
have not disappeared from our threat landscape.

                 BORDER PATROL STATION: HOULTON, MAINE

    Senator Collins. Thank you.
    Finally, let me very briefly mention and remind you of the 
pressing need for a new Border Patrol station in Houlton, 
Maine. We're seeing a huge increase in the number of encounters 
on the northern border and the President requested funds 
through your intervention for the station in fiscal year 2022. 
Congress fully funded that request, but last month I learned 
that CBP had decided to reallocate nearly all of the funds 
appropriated for the Houlton Station to another project and I 
would just reiterate that the current station was originally 
intended to support just nine Border Patrol agents.
    It currently hosts 40 personnel and the facility is in need 
of replacement due to annual flooding, toxic black mold, 
contaminate well water. It has a host of problems.
    I do appreciate that you included full funding for this 
project in the budget request for this year, but I'm concerned 
that the funds that we previously appropriated and for fiscal 
year 2022 were repurposed and, as I said, I found that out not 
from the department in Washington but from local officials.
    The new time table greatly delays the completion of this 
new station and now will push it from 2024 to 2028. I would 
just ask you to take another lot was done in this area. I 
realize you may not be prepared to respond today, but if you 
would like to explain the delay in the project and why the 
department disregarded the funds that were in the President's 
budget, again I believe due to your intervention and we 
approved.
    It's very frustrating to the hard-working Border Patrol 
agents in Northern Maine.
    Secretary Mayorkas. May I, Mr. Chairman.
    Senator Murphy. Certainly. Quickly.
    Secretary Mayorkas. I'm very well aware of the unfortunate 
redirection of the funds from Houlton to what I believe is the 
Laredo Air Facility because of increased costs in that urgent 
development.
    I understand the urgency of addressing the Houlton Station. 
We did include funding in our fiscal year 2024 budget.
    Senator, if I may, let me take a look at what we can do to 
address the urgency and I commit to you that I'll follow up 
with you.
    Senator Collins. Thank you very much, Mr. Secretary, and 
thank you for your tolerance, Mr. Chairman.
    Senator Murphy. Chair Murray.

                              FORCED LABOR

    Senator Murray. Well, thank you very much, Chair Murphy, 
and Ranking Member Britt. I really appreciate both of your 
leadership on this committee and willingness to really go to 
work to make sure we get the job done and put a bill together 
here. As Senator Collins and I have said repeatedly, we have a 
responsibility to work in a timely fashion to write a 
bipartisan funding bill that will keep our communities safe and 
our nation competitive on the stage. We're counting on the work 
you're doing in this committee. So thank you.
    And as we work to live up to that, this committee hearing 
is part of the regular order that is really part of that 
crucial step to start this process off on the right foot and 
assess our nation's needs and remind everyone that military 
spending is critical. It is just one piece of the puzzle. 
Funding for this subcommittee is equally important and we have 
to make sure that we are doing our job with that, as well.
    Because, frankly, our economy depends on our ability to 
make sure that countless goods as well as people can move 
through our ports and borders in a safe, orderly, and timely 
fashion, and our security really depends on our ability to do 
all of this while effectively stopping threats, like drug 
smugglers and sex and labor traffickers, and a lot more, and 
this is especially important as we continue fighting the 
fentanyl epidemic.
    We also have to stay vigilant against the growing threat of 
white supremacy and domestic terrorism and the rapidly evolving 
threat landscape when it comes to cyber-security and our 
critical infrastructure, and, last but not least, we have to 
maintain our reputation as the leader of the free world, as the 
land of opportunity, which requires us to continue our long 
tradition of welcoming people from across the world who are 
seeking safety from persecution and seeking opportunities for a 
better life.
    So make no mistake, it's not just our reputation as the 
home of the free that is made stronger by this. Throughout our 
history immigrants have strengthened our nation. They've cared 
for our kids, our sick, our elderly. They put food on families' 
tablets. They've built cities. They've built thriving 
businesses and vibrant communities and that makes America.
    So I look forward to working with this committee to make 
sure we have strong investments, to make sure that we can build 
the strong future, as well.
    So again thank you for your work.
    Mr. Secretary, thank you for being here. I wanted to ask 
you, as we continue to see high numbers of refugees and asylum 
seekers fleeing persecution and targeted violence and the 
natural disasters that we're seeing around the world, we have 
to make sure that we treat unaccompanied children that arrive 
in the U.S. with the highest level of care.
    What is the department doing to prioritize forced labor 
investigations or labor exploitation investigations, 
particularly involving our children?
    Secretary Mayorkas. Senator Murray, thank you very much.
    We have changed dramatically the way in which we conduct 
enforcement operations at worksites. Rather than focusing our 
efforts exclusively on apprehending undocumented workers, we 
feel that it is a law enforcement priority to focus our efforts 
on the employers who exploit those undocumented workers by 
reason of their vulnerability, who pay them substandard wages, 
who keep them working in substandard conditions, and who hire 
and abuse children. Our HSI special agents who are focused on 
unscrupulous employers not only protect the integrity of the 
workplace, but also protect the integrity of the marketplace, 
because these unscrupulous employers, by paying lower wages, 
create an uncompetitive landscape.
    We are focused on addressing the employers who abuse these 
children and other vulnerable individuals.

                   UNACCOMPANIED CHILDREN: PROCESSING

    Senator Murray. And can you also speak to what safeguards 
are in place to make sure that unaccompanied children are 
processed by CBP quickly and safely and transferred to Office 
of Refugee Resettlement (ORR) custody?
    Secretary Mayorkas. Senator, we have achieved greater 
processing efficiencies to ensure that we are able to transfer 
the unaccompanied children from CBP, from the Border Patrol 
stations that are no place for a child to Health and Human 
Services within the 72-hour period that the law requires.

                          PROCESSING BACKLOGS

    Senator Murray. Okay. Thank you.
    Senator Peters asked about domestic threats and I want to 
echo his words and thank you for your response to him.
    Last year I raised concerns about processing backlogs at 
USCIS. Those backlogs are still creating challenges for 
applicants who rely on USCIS services for everything from work 
authorization to humanitarian protection.
    How is the department using the funds it has already gotten 
to reduce and ultimately clear those backlogs?
    Secretary Mayorkas. We are very focused on the problem that 
you identified, Senator. I am very well aware of it and Ur 
Jaddou, our terrific Director of USCIS is very, very focused on 
it.
    As a matter of fact, this past year we processed all the 
economic visas that were allotted, a remarkable achievement.
    We have an initiative and I would be very pleased to follow 
up with you to provide the details with respect to backlog 
reduction.
    Let me, if I may, share with you why we are encountering a 
backlog. Because the prior Administration drastically reduced 
that agency, USCIS was on the brink of financial collapse. 
Every 2 years, USCIS it is required to issue a new fee 
structure to align its fees with the cost of the benefits that 
it is obligated to administer.
    USCIS has not issued a new fee structure in more than 6 
years. We now have a Notice of Proposed Rulemaking to realign 
and adjust the fee structure as it needs to be and that is 
going to help us tremendously, as is the fiscal year 2024 
President's Budget, in resourcing USCIS.

              ASYLUM SEEKERS: GRANT PROGRAMS COORDINATION

    Senator Murray. Okay. And quickly, I know we've seen our 
communities step up and fill in the gap in providing services 
to our asylum seekers.
    I'm glad the department is working quickly to stand up the 
new Shelter and Services Grant Program to support states, 
localities, and NGOs, but how are you communicating and 
coordinating with those NGOs as they support asylum seekers?
    Secretary Mayorkas. We have built an architecture where we 
have a designated point of contact in the different cities and 
regions so that the municipalities that need the services 
actually can receive them in the time that they do. We're very 
focused on that I was just in Tucson, Arizona, speaking about 
this very issue with the community-based organizations in that 
region that received the funding under the Shelter and Services 
predecessor, the Emergency Food and Shelter Program.
    Senator Murray. Okay. Thank you very much. Thank you, Mr. 
Chairman.
    Senator Murphy. Senator Kennedy.

                            ASSAULT WEAPONS

    Senator Kennedy. Thank you, Mr. Chairman, and Madam Chair.
    I'm glad to see us returning on the Appropriations 
Committee to what I'll call quasi-regular order where our 
subcommittees are meeting and talking about the matters within 
our jurisdiction and I think we should return to full regular 
order. I think whether we return to full regular order will 
depend on Senator Schumer. I'm not convinced yet that he will 
allow us to return to full regular order. I'm not convinced yet 
that he will give up his power to basically write the budget, 
he and a few other leaders, and I'm not convinced--well, I 
don't want to necessarily ascribe this to Chuck.
    Many people like an Omnibus because they can hide the 
spending and because they have enough internal power to get 
what they want and for everybody else, it's too bad.
    So I hope that we'll all encourage Senator Schumer to 
actually bring the bills to the Floor because that's going to 
be the true test. We can all meet, ask all these questions, and 
pour over budgets that never have a chance to pass. It's going 
to depend on Senator Schumer and that's kind of the bottom 
line.
    Mr. Secretary, yesterday you testified in Judiciary that 
you support an assault weapon ban and we didn't have much time 
to talk about that.
    Tell me your definition once more of an assault weapon.
    Secretary Mayorkas. Senator, we indeed did have a brief 
exchange on that very important subject. I am not an expert 
with respect to the definition of the assault bans.
    Senator Kennedy. You are the Secretary of Homeland 
Security.
    Secretary Mayorkas. As I was about to say, I defer to the 
experts. I defer to, for example, the definition of an assault 
weapon that was codified in the prior iteration of the 
legislation that was passed and that was in operation when I 
served as an Assistant United States Attorney and the United 
States Attorney in the Central District of California.
    Senator Kennedy. So you would support the prior definition 
under----
    Secretary Mayorkas. Senator, I must defer to the experts 
with respect to the definition, but I will tell you, for 
example, that military style weapons are of tremendous concern. 
We are seeing too much devastation.
    Senator Kennedy. How do you define--I mean, you personally 
think we should ban assault weapons, and I know you to be an 
intelligent man and a thinking person. So I know you've thought 
about it.
    What is it about a military--what do you mean by a military 
style weapon?
    Secretary Mayorkas. Senator, I really must say that you are 
probing a very, very important area definitionally in which I 
do not have the requisite expertise. I will say this. When we 
see the tragedy in Nashville and it is not the first such 
tragedy that we see, when I engage with my international 
counterparts and they ask me almost invariably first what is 
going on with all the mass killings in the United States and 
why are these assault weapons disseminated so broadly, I say 
that we need legislation to ban them.
    Senator Kennedy. Let me follow up on that. So you support 
an assault weapon ban, but you don't have a definition, is that 
right?
    Secretary Mayorkas. Senator, I think that you understand 
where I stand.
    Senator Kennedy. No, I don't, I don't. You made a very bold 
statement very firmly saying we should ban all assault weapons 
and all I'm saying is what in your mind is an assault weapon. I 
mean, you say it's military style. Does that mean it looks like 
a military weapon?
    Secretary Mayorkas. Senator, I believe I've addressed your 
question.
    Senator Kennedy. I mean, what if it's single shot .22 that 
looks like a military weapon, would you ban that because it's 
scary-looking to you?
    Secretary Mayorkas. Senator, I think that I've addressed 
your question to the best of my abilities.
    Senator Kennedy. But you haven't. I mean, I'm trying to 
understand. You're Secretary of the Department of Homeland 
Security and as is your right as an American, you believe we 
should ban assault weapons, but it bothers me you can't tell me 
what you would ban.
    Secretary Mayorkas. Senator, I would be very pleased to 
speak with experts and to confer with you subsequent to today's 
hearing, and to share with you a proposed definition that could 
be inserted into the legislation that is so desperately needed, 
because I will tell you that----
    Senator Kennedy. But, Mr. Secretary, what if Senator 
Tester, my good friend, he's not here, what if Senator Tester 
said to you I oppose illegal immigration, which I think he 
does, and you said to him what do you mean by illegal 
immigration and he said, well, I don't know, but I oppose it, 
you wouldn't accept that answer and that's the answer you've 
given me. You said you want to oppose all assault weapons but 
you don't know what they are. Can you give me an example?
    Secretary Mayorkas. Senator, I think that I gave you an 
example yesterday. So I'm not exactly sure why you're----
    Senator Kennedy. Which one--refresh my memory the example.
    Secretary Mayorkas [continuing]. I believe that I said an 
AK-47.
    Senator Kennedy. Well, what is it about an AK-47 that you 
find to be objectionable? Is it the fact that it has a 
magazine?
    Secretary Mayorkas. Senator,----
    Senator Kennedy. But, first, do you know what a magazine 
is, Mr. Secretary?
    Secretary Mayorkas. Yes, I do. Senator, what I've come to 
do is to testify to this Committee and not to take an 
examination with respect to questions that I've already 
answered to the best of my ability. I think that it is self-
evident why an AK-47 should be banned as just one example, but 
I look forward to conferring with you.
    Senator Kennedy. Except you can't explain what one is.
    Secretary Mayorkas. I think, Senator, that we've seen 
enough tragedy.
    Senator Murphy. The Senator's time has expired.
    Senator Kennedy. Thank you, Mr. Chairman.
    Senator Murphy. Thank you.
    I'm reminding our colleagues that this is not the Judiciary 
Committee. This is not the Attorney General. This is the 
Secretary of Homeland Security.
    Senator Kennedy. I realize that, Mr. Chairman.
    Senator Murphy. Thank you.
    Senator Shaheen.

                           H-2B VISA PROGRAM

    Senator Shaheen. Thank you, Mr. Chairman, and thank you, 
Secretary Mayorkas.
    As you know, the H-2B Visa Program is a very important tool 
for seasonal employers and for others who need foreign workers 
to fill temporary jobs when no Americans are available.
    I think every New Hampshire business I visited in the last 
several years has had a workforce shortage. They can't get the 
workers they need and I appreciate the Administration's 
decision to provide 65,000 additional visas in fiscal year 
2023, but I'm still hearing from people that it's not enough 
from our businesses.
    So how is the department working to fairly and 
expeditiously provide access to the visas and what in your view 
needs to be done to reform this program to ensure that it works 
effectively for our small businesses?
    Secretary Mayorkas. Senator Shaheen, the H-2B Visa Program, 
the Seasonal Non-agricultural Worker Program, is in desperate 
need of legislative reform.
    I hear, too, from businesses all across the country of the 
need for additional labor. We see also people to the south of 
our border desperate for work and the remittances that they 
could provide who would take a lawful pathway and not end up at 
our southern border irregularly.
    This is a perfect example of the reform that we should be 
able to implement as a country that will address a number of 
challenges.
    We need more visas and we need a more nimble system to 
address varying degrees of urgency in the marketplace. The one 
thing that we have done is that we have improved our processes 
to administer those visas as expeditiously as possible, of 
course, in conjunction with the Department of Labor and the 
Department of State.
    Senator Shaheen. Can I interrupt you just for a minute 
because help me understand what we need to do to ensure that 
there are more visas available?
    Secretary Mayorkas. I have exercised our statutory 
authority as well as the discretionary authority that I have 
been given under statutes. We have issued not only the maximum 
number of H-2B visas, but this year I exercised my 
discretionary authority as early as I did, which is the 
earliest time I think, in certainly recent memory.
    We also intend to issue in the next few weeks a Notice of 
Proposed Rulemaking with reforms to the H-2B Program, within 
the context of our administrative authorities, of course, but 
fundamentally, we need legislation.
    Senator Shaheen. So in order to increase the number above 
the additional 65,000 that you all allowed, we need legislation 
to make that happen?
    Secretary Mayorkas. Yes, the 65,000 plus the discretionary 
authority to increase the number. We need legislation.
    Senator Shaheen.
    Senator Shaheen. Right, I've also heard from many of my 
small employers who have had those visa workers coming back 
year after year that the costs have gone up dramatically this 
year. Is that a concern that you're hearing, as well?
    Secretary Mayorkas. Senator, I have not heard of that 
concern. The concern that I have heard most loudly is with 
respect to the number of visas available and, quite frankly, 
the dysfunction that a lottery system creates, but I will look 
into the cost issue.

                   NONINTRUSIVE INSPECTION: FENTANYL

    Senator Shaheen. Right, thank you.
    Several people have mentioned the concern about the amount 
of fentanyl that's coming into the United States. My home state 
of New Hampshire has been very hard hit and we're seeing 
numbers this year of overdose deaths that equal what we saw 
back in 2017. So the problem is getting worse as we all know, 
not better.
    Can you talk about what we need to do to increase non-
intrusive screening of vehicles coming across the border 
through the legal ports of entry which is, in talking to the 
Administrator at Drug Enforcement Administration (DEA), it 
seems clear that most of the illegal drugs are coming across 
through legal ports of entry, and I understand you're hoping to 
increase the rate at which vehicles can be screened for illicit 
cargo. What do we need to do to make that happen? Do you need 
more resources? How do we get to a hundred percent of 
screening?
    Secretary Mayorkas. Senator, we need more of the 
technology, which is why the President's fiscal year 2024 
Budget has $305 million allocated to it. We need more personnel 
to work the technology, if you will. We need modernized ports 
of entry that allow for the most effective use of the 
technology and we do, in fact, have a Port of Entry 
Modernization Plan given the infrastructure dollars that we've 
received.
    We also need to harness artificial intelligence and 
innovation to make sure that we're maximizing the utility of 
new capabilities. I have tasked the Homeland Security Advisory 
Council to review artificial intelligence and how it can be 
used at our ports of entry more effectively to interdict, 
detect and interdict fentanyl and other contraband from coming 
through.

                          HUMANITARIAN PAROLE

    Senator Shaheen. Well, thank you. I hope this committee 
will look at the resources that will give you the technology to 
do that screening at the border.
    Last week the International Refugee Assistance Project 
released the results of a Freedom of Information Act request 
that showed that less than 1 percent of Afghan humanitarian 
parole applications were approved and just 44 percent of fee 
waiver applications were granted.
    Why did DHS reject a proposal to waive fees for Afghans 
applying for humanitarian parole, and I understand at the same 
time that happened DHS decided to waive all fee requirements 
for Ukrainians fleeing the war in Ukraine but not for Afghans 
or other refugees and while I certainly support waiving the 
fees for Ukrainians, I think, given the dire situation in 
Afghanistan, we ought to be taking a look at that issue, as 
well. So do you have an answer for that?
    Secretary Mayorkas. Senator, that's a very serious issue 
and I need to look into that and I will do so with urgency and 
will be in touch with you.
    Senator Shaheen. Thank you. I appreciate that.
    Thank you, Mr. Chairman.
    Senator Murphy. Senator Hyde-Smith.

                    BORDER SECURITY: AVIATION ASSETS

    Senator Hyde-Smith. Thank you, Mr. Chairman.
    And, Secretary Mayorkas, I just want to, first of all, 
thank you for coming to Mississippi over the weekend. That was 
just a tremendous support that we needed and when we're in the 
tornado outbreak, we were just totally devastated and I just 
appreciate your prompt approval of Mississippi's request that 
we put in and how it was expedited and I just look forward to 
continuing to working with you on that because it was critical 
and you and the head of FEMA showing up on the ground on Sunday 
meant more to Mississippians that you will ever know. I truly 
appreciate that.
    Now I want to talk about border security, as well. Senator 
Britt and I went down and we met with ladies on the border that 
had been trafficked. Young lady named Carla and just as a mere 
child at 12 years old, she was taken and she is talking about 
the thousands of young girls that this is happening to, and 
Carla had been raped repeatedly for years. She did escape but 
she continued to tell us about all the girls that are down 
there that have not escaped.
    I don't know what the definition of crisis in your mind is, 
and I don't know if everybody's just been told under no 
circumstances are you to call it a crisis, but I assure you 
Carla doesn't care who's Democrat or Republican in this room, 
but it is very real and it is no doubt a major humanitarian 
crisis.
    Those are things we will never unseen and things we will 
never unheard from that young lady, but for the last 35 years 
CBP has flown a fleet of about a hundred light enforcement 
helicopters, happened to be manufactured in Mississippi, very 
good, very proud of these, but it's the support that 
Mississippi has given the Border Secure Missions and with the 
help of Congress the Border Patrol had started replacing old 
airframes with new helicopters because the need is so great in 
this crisis.
    But despite their finalizing the analysis of its aviation 
fleets and reorganization of these helicopters into the Light 
Enforcement Platforms Program, your fiscal year 2024 Budget 
requests significantly underfunds that program. It is 
accompanying that they can buy one new helicopter, one.
    When we talk to the Border Patrol agents and say do you 
need this and they said, oh, my God, do we need these because 
they have such a task in front of them. So, again as I asked 
this question last year to you and I was told we would get a 
response, I just checked with my staff to make sure that that 
response had not come through. So I'm going to ask the same 
question that I asked a year ago that we did not get a 
response.
    Why did the department not request appropriate funds to 
provide CBP with modern, safer technology and advanced 
helicopters that they tell us they need at the rate of the 
fiscal year 2024 request? It will take 75 years for those 
Border Patrol agents to receive and to replace their current 
fleet that they are needing. So we didn't get an answer last 
year, but can we get an answer today of why that was not 
appropriately funded?
    Secretary Mayorkas. Senator, a few comments, an apology, 
and a follow-up.
    One, it is my thanks to you for hosting us in Mississippi 
and for your extraordinarily poignant and powerful words to the 
people with whom we met.
    Secondly, with respect to the story, the tragic story that 
you summarized with respect to the young woman at the border, 
that is precisely one of the reasons why we are developing and 
implementing programs that seek to cut out the smugglers who 
exploit the vulnerable individuals and who that don't care 
about their well-being and only care about a profit.
    Senator Hyde-Smith. But more than almost a quarter of a 
million came through in just December alone and when you said 
we're using every ounce of energy to address all-of-government 
approach effect but almost a quarter of a million came across 
just in the month of December alone.
    Secretary Mayorkas. That's exactly why, for example, we 
developed and implemented the programs that we announced on 
January 5th to cut out the smugglers and for the Cuban, 
Haitian, Nicaraguan, and Venezuelan nationals to be able to 
bring them safely, in an orderly way, under the law to the 
United States so they don't have to put their lives and their 
life savings in the hands of treacherous criminals who care 
only about a profit and not their well-being.
    I apologize. I am sorry to learn that you did not receive a 
response to your inquiry of last year with respect to the 
helicopters that equip air and marine operations with a vital 
tool to secure our border.
    I am, quite candidly, not sure whether that funding is in 
the base budget or whether it's in the $4.7 billion border 
contingency fund, which the Chairman referenced in his opening 
remarks. I will circle back on that precise question and I will 
be sure to respond to your inquiry thoroughly and very quickly 
because we're long overdue. I apologize for that.
    Senator Hyde-Smith. And it is a total of $8 million. But 
it's for one when they're telling us they need so many.
    I'm out of time. Thank you, Mr. Chairman.

                          OUTBOUND INSPECTIONS

    Senator Murphy. Thank you very much, Senator.
    I think we'll have one short second round just for myself 
and Senator Britt and then we can wrap. Just a few final 
additional questions for you.
    First, I thought you equated yourself very well in the 
conversation with Senator Kennedy. It's fair for him to ask 
those questions, but it's also fair to expect that Secretaries 
are going to support Administration position, even if it's not 
in their jurisdiction, also fair to believe that every 
Secretary is not going to be an expert on Administration policy 
outside of their jurisdiction.
    Secretary McDonough would likely come and say he supports 
the new asylum rule but we wouldn't expect him to be an expert 
in the asylum rule, but I appreciate Senator Kennedy's 
questions, but I appreciate the nature of your response.
    I have two additional questions for you. One, we put in the 
last budget the first-ever specified funding for outbound 
inspections at the border specifically targeting the arms trade 
and the cash that moves southbound into Mexico and as you know, 
this is a very specific and understandable ask from the Mexican 
Government, that if we are asking them to be much more serious 
about the flow of fentanyl north, that we should be much more 
serious about the flow of arms and cash which facilitates that 
trade heading south.
    I don't know whether you have an answer for today or you 
can get us an answer, but I would like to get an update on the 
schedule of expenditure for those dollars. I'd like to know if 
we have begun those outbound inspections looking for illicit 
arms trade or illicit cash moving south across the border.
    Secretary Mayorkas. I will follow up with a detailed 
accounting, Mr. Chairman. Let me assure you that we indeed are 
very focused on the movement of funds and arms to the south 
because the cartels are being equipped with both. We are very 
focused on interdicting the movement of arms and cash.

                          DISASTER RELIEF FUND

    Senator Murphy. Yeah. Important to note that there is one 
gun store in Mexico. It's largely a store selling to the 
military which is why, you know, upwards of 70 percent of the 
crime guns that are recovered in Mexico originate from the 
United States and we should be expected to do much more about 
that.
    Lastly on DRF, you've requested about $20 billion which is 
the full amount that you can request that doesn't require a 
score from CBO, but my understanding is there's not going to be 
a lot of money moving from 2023 into 2024, so not a lot on top 
of that 20 billion, even if we're to authorize that full 
amount, makes me a little bit worried that that number is not 
going to be enough for the coming fiscal year and we're going 
to have to come back and do some emergency expenditure which 
will be very difficult sort of under the current circumstances 
in Congress.
    So are you confident that that $20 billion request is 
enough to be able to meet the needs in 2024? Obviously you 
don't have a crystal ball, but that looks like its' going to 
leave you a little thin.
    Secretary Mayorkas. Mr. Chairman, we're very worried about 
the condition of the DRF, in fiscal year 2023. In this 
particular year, we're watching that very closely because of 
the increase in frequency and gravity of severe weather events 
and also because of the impacts, of course, of the Coronavirus 
Disease 2019 pandemic, which have intertwined very closely with 
the use of the DRF.
    That is our best estimate of security for the DRF, but I 
look forward to working with you on that assessment.
    Senator Murphy. Senator Britt.

                     POST-TITLE 42: PROJECTED SURGE

    Senator Britt. Thank you, Mr. Chairman.
    So a couple more questions. I did want to echo what Senator 
Hyde-Smith said. Obviously our state was ravaged by storms in 
January and your team was on the ground, particularly Deputy 
Administrator Hooks, who did an excellent job. We still have a 
long road to recovery but I certainly appreciate the important 
work that FEMA does.
    Also, in addition to following up on a couple of things, I 
wanted to see if there's an opportunity to get a commitment 
from you on a few different items that I think are outstanding 
and some of which would be very helpful as we work to navigate 
this journey forward.
    So the President announced that Title 42 will end on May 
11th and the department's own projections, as we've discussed 
here today, are that encounters will double from today's level 
to as many as 12,000 encounters daily.
    Despite multiple requests, the department has not provided 
details of how it will handle that expected surge. Can you make 
sure to commit to us that you will provide that information? Is 
there a plan in place currently and, if so, can we have that by 
April 12th, in two weeks?
    Secretary Mayorkas. Well, Senator, we can get that plan to 
you very quickly. We published its first iteration in September 
of 2021. We updated the plan in April of 2022. We have added to 
it through the programs that we announced on January 5th. We 
have our Notice of Proposed Rulemaking.I'd be very pleased to 
get you those materials.
    Thank you also again for commending Deputy Administrator 
Hooks. I passed on your compliment to him and he was very, very 
appreciative and touched. It meant a lot to him and to all of 
us.

                            OVERDUE REPORTS

    Senator Britt. Well, thank you.
    The department has failed to provide responses to a number 
of requests from this committee, several of which were required 
under the fiscal year 2023 Omnibus. In particular, the first 
report on how the department plans to spend the 1.8 billion in 
fiscal year 2023 border funds. It was due six weeks ago. We did 
receive that yesterday. So that's convenient. We were able to 
wrap that up right before today, but the next report is due in 
two weeks.
    Will you commit to having the department provide these 
reports on time as required by law?
    Secretary Mayorkas. Ranking Member Britt, I assure you that 
we will use our best efforts to respond very promptly to the 
letters that we receive, as promptly as possible, and to submit 
the reports as required by law.
    Our personnel, a few of whom are seated behind me, are 
working almost 24/7 to be as responsive as possible to 
Congress.
    The one recommendation of the 9/11 Commission that has not 
been implemented is a refinement of the number of committees of 
jurisdiction over the Department of Homeland Security. I cannot 
overstate the number of letters that we receive and that is the 
responsibility of Congress to----
    Senator Britt. Absolutely.
    Secretary Mayorkas [continuing]. Probe us and I don't 
shrink from that.
    The number of letters that we receive on a daily basis, the 
number of reports that we have to complete, we are doing our 
mightiest----
    Senator Britt. And, Mr. Secretary, we are, as well, as we 
work to get back to regular order and we make important 
decisions. It's important for us to have that information so 
that we can move forward.
    Secretary Mayorkas. Absolutely. We will move with great 
speed.

                MIGRANTS PAROLED INTO THE UNITED STATES

    Senator Britt. Yes, and lastly in this same line of 
questioning, what are you doing to deal with the 600,000 people 
who have come over, migrants who've come over that have been 
paroled into the United States?
    I know we've looked at this. The department has yet to 
provide a plan on how you're going to tackle that and I wanted 
you to see if you could tell us kind of how you plan to move 
forward with that.
    Secretary Mayorkas. With respect to individuals who've been 
paroled into the United States, they should be in immigration 
enforcement proceedings. If their claims succeed, then they are 
provided relief under our laws. If their claims fail, then they 
will be issued an Order of Removal and we will seek to remove 
them from----
    Senator Britt. I am concerned about that backlog. Can you 
commit to an open dialogue between your senior staff and my 
team to make sure that we are up to date on that?
    Secretary Mayorkas. Most certainly.
    Senator Britt. Okay. And lastly, I will just end with you 
talk--you said specifically that the prior threat has not gone 
away when it comes to terrorism abroad and what we've seen in 
Afghanistan both previously and now. We know that under the 
Biden Administration, we've seen 1.2 million got-aways at our 
border and we know that that threat is real.
    I want to reiterate my concern. President Biden said 
himself that budgets are statements of value. I value the work 
that this department can and should and will be doing and I 
hope that we see that same commitment from the Administration, 
as well.
    Senator Murphy. Senator Tester.

                       DRUG TRAFFICKING: FENTANYL

    Senator Tester. I want to thank the Chair and Ranking 
Member for holding this hearing and I want to congratulate you 
on being appointed to run this committee. I look forward to 
great things out of you guys.
    I want to thank Secretary Mayorkas for being here and I 
want to thank the people that you represent that work in all 
the capacities at DHS. It's a big organization.
    We probably have been over this ground, but I'm going to 
tell it again. Last week I met with law enforcement officials 
from across Southwest Montana about crime. It was a 45-minute 
meeting. The first 35 minutes of it was spent on fentanyl. They 
told me that in 2020 a third of a pound of fentanyl was seized 
in Montana, in 2021 five pounds, 2022 36 pounds. They're on 
track to see even an equivalent bigger increase this year. You 
know about this. It's been brought up here today.
    Mexican drug cartels are trafficking fentanyl and other 
dangerous drugs across the southern border. I was told that you 
can buy a pill of fentanyl for a nickel on the border. They 
sell it for 15 to 20 bucks up where I live.
    I was told we have cartels in Bozeman, Montana, and I can 
tell you that where Montana used to be classified as a place 
that you never heard about a police officer getting shot, now 
it happens with way, way, way too much regularity.
    This crap's coming across the border. As you've already 
pointed out, it's coming across our ports of entry.
    What needs to be done here, Number 1, and I want you to be 
blatantly honest because this is really, really, really bad.
    I was in a Defense Committee hearing yesterday and they 
were talking about people that serve in our military being 
caught up on this crap, fentanyl. So the question for you, 
Secretary Mayorkas, is what can you do, what are you doing, and 
does this budget support getting this crap out of a place like 
Montana, which is a long ways away from the southern border, 
and there might be some trickling through the northern border, 
but I think you and I can both agree the problem is the 
southern border.
    Secretary Mayorkas. Senator, the scourge of fentanyl, more 
than 90 percent of it is indeed coming through the ports of 
entry on the southern border. If I may take a step back, I 
served, as you know, as a Federal prosecutor for 12 years. I've 
prosecuted cocaine trafficking, methamphetamine trafficking, 
marijuana trafficking, and black tar heroin. They don't compare 
to the scourge of fentanyl.
    It is very cheap to manufacture. It is very easy to conceal 
because it's in pill form, and its addictiveness and toxicity 
outpace the other narcotics, the controlled substances that I 
mentioned.
    This fiscal year 2024 budget does address DHS financial 
needs, its resource needs to continue the fight against 
fentanyl.
    I want you to know that we are not alone in this fight. The 
President has directed an all-of-Administration effort and this 
is not only a domestic fight, it's an international fight, as 
well.
    We are surging resources, personnel, technology, and other 
capabilities that we have to bring to bear to the ports of 
entry. Last week I announced Operation Blue Lotus, which 
dedicated HIS special agents to the ports of entry. They are 
there not only to help interdict, but also to investigate 
critically and to help to prosecute the individuals who are 
trafficking in the substance.

                        DRUG TRAFFICKING CARTELS

    Senator Tester. So the idea has been broached to me and I 
haven't found why it wouldn't work that we declare the cartels 
that are bringing these drugs into the United States as 
terrorist organizations. What is your view on that?
    Secretary Mayorkas. Yes. One thing that I failed to mention 
in response to your prior question, forgive me, Senator, is 
that we have to attack the supply and we also have to address 
the demand side.
    Senator Tester. Correct.
    Secretary Mayorkas. Yes.
    Senator Tester. The demand side of things is more on the 
education thing. You're more on the supply side of things.
    Secretary Mayorkas. Correct.
    Senator Tester. That's why I'm asking you these questions.
    Secretary Mayorkas. Correct. Absolutely. I didn't want to 
fail to mention that.
    We are attacking the cartels with every force that we have 
available.
    Senator Tester. Wouldn't designating them as a terrorist 
organization give you more tools in your toolbox to get rid of 
these miserable SOBs?
    Secretary Mayorkas. The question of whether they should be 
designated a terrorist organization is outside the province of 
the DHS and is the jurisdiction of the Department of State.
    Senator Tester. I've gotcha.
    Secretary Mayorkas. Yes.
    Senator Tester. So, you know, I'm sitting here with Murphy 
and Britt and all these good people. We might be able to do 
something if you were to say something like it could be 
helpful.
    Secretary Mayorkas. I think that it's a very difficult 
question to answer because of the following reason. Where is 
the line between criminality, however heinous, and terrorism? 
That is a very complicated question and one that I would be 
very pleased to discuss with you thoroughly.

                    PORTS OF ENTRY: OPERATING HOURS

    Senator Tester. Okay. Well, yeah, I mean, I guess it's all 
in the definition, but the truth is that what these folks are 
doing to the people of this country, it'd be hard for me not to 
classify it as a terrorist act because we're killing folks 
right and left. We're killing folks that are young, killing 
folks that are middle-aged.
    I mean, it's just insanity, and we've got to figure out how 
we're going to fix it and we're depending on you to do that, 
and we're depending on this budget to do that, and so we'll 
keep that in mind.
    I want to talk about border crossings in the amount of time 
I've got left here and then one other short issue, but you know 
very well I live within about 70 miles of the northern border. 
You also know very well that Canada is our Number 1 trading 
partner. You know very well those ports of entry are critically 
important when it comes to doing trade.
    We had a port in Raymond, Montana, northeast corner of our 
state, it was a 24-hour port, it is not a 24-hour port no more 
and it should be. It should be taken back to pre-pandemic 
hours, and I could say that about the 16- or 18-hour ports in 
between Coutts and Raymond, but they need to be at capacity 
from before.
    Now I know you've got a manpower issue and I'm going to 
talk about that in a second. You've got a manpower issue, but 
when can we expect these ports to be reopened to pre-pandemic 
hours?
    Secretary Mayorkas. Senator, the reduction in port 
operations, as I understand it, on the northern border was not 
necessarily a reduction in hours by reason of the pandemic but, 
rather, a resource allocation. We're taking a look at the 
number of people actually crossing in certain ports.
    Senator Tester. But this is a chicken and egg situation. I 
mean, if you shut those borders down, they're not going to come 
there. If the hours are reduced, they're not going to come, and 
I can tell you why this is important. It's important because I 
hear it everywhere along the Northern Tier of Montana. 
Everybody's talking about when we could get these ports opened 
and I will tell you that I know sitting 12 miles west of Big 
Sandy that if I go to the Port of Raymond, it's not going to be 
open and it used to be 24 hours a day.
    So I'm going to go somewhere else and if I know that, 
everybody knows that. So that's the point. The point is, is you 
can't go by traffic when in fact people aren't going to go 
there because of the hours.
    Secretary Mayorkas. Senator, I know the assessment of the 
port hours is underway. Let me get back to you. Let me speak 
with CBP and get back to you.

                   BORDER PATROL AGENTS: SALARY COSTS

    Senator Tester. I would like that. I will tell you that I 
think it does not behoove this Administration and it surely 
doesn't behoove our economy not to have those ports open, and I 
know you can say, well, you know, there's only five cars or 50 
cars or whatever the metrics are, but the bottom line is, is 
that it is very, very important that those ports remain open 
because it is our Number 1 trading partner and it is really 
important.
    I just want to ask you one thing. In my notes that my crack 
staff gave to me, it says $30 million to hire a hundred new 
Border Patrol agents, is that accurate in this budget?
    Secretary Mayorkas. I will have to get back to you.
    Senator Tester. You can get back to me, but let me tell you 
how the math works out on $30 million for a hundred new border 
agents, and I did it with my pen and pencil, and I thought that 
can't be right.
    So I brought up my calculator and I did it again. It is 300 
grand a patrol agent. I'm ready to go to work for you tomorrow. 
I'm just telling you those are the kind of wages we're paying. 
Okay. I mean, these folks earn every penny they get and I'm not 
denying that, but 300 grand per patrol agent seems a bit high 
to me.
    Secretary Mayorkas. That is not their annual salary.
    Senator Tester. Even if it's a recruitment situation, 
nobody's making bank that's recruiting these folks.
    Secretary Mayorkas. I have to break down the numbers. I'll 
follow up with you.
    Senator Tester. Okay. I'd appreciate it if you could do 
that. Thank you.
    Senator Murkowski, I guess. They never told me I had the 
gavel.
    Senator Murkowski. I know and look what happened.
    Senator Tester. Yeah. I know. You've got it. Well, good. I 
can leave. Thank you.

                            POLAR ICEBREAKER

    Senator Murkowski. Thank you.
    Mr. Secretary, I know you have had a long morning and or I 
guess along afternoon here with the committee. I appreciate 
you. I think we're just about to the end.
    When I was here earlier, there was a lot of discussion 
about the southern border and appropriately so, but as you and 
I have had an opportunity to discuss, Alaska is also a border 
state, a northern border state with extensive border, and I 
think when we saw the Chinese spy balloons floating overhead, 
people around this country were reminded that Alaska is really 
the first line of defense for our nation up there.
    We had, in addition to the spy balloons, we also had the 
two Russian nationals come to our shores, to St. Lawrence 
Island seeking asylum. It took nearly two days for Homeland 
Security assets to respond, but you have noted and I appreciate 
it in your statement reference to the Arctic, the priorities of 
the Arctic, the need to pay attention and particularly the 
focus as we're thinking about those assets, recognizing that as 
an Arctic nation, we need to have Arctic infrastructure to 
include Polar Security cutters and the reinforcement there.
    You said that the top two priorities of the Coast Guard's 
budget are the OPCs and the Polar Security cutters and 
advancing the Great Lakes icebreaker acquisition. I heard your 
comments to Senator Peters there.
    The commercially available icebreaker is not listed on your 
priorities. You did reference it here, but we have a situation 
where again this year the President's budget requests a $150 
million to support the acquisition of a commercially available 
Polar icebreaker.
    So why is it not included as a stated priority within the 
budget?
    Secretary Mayorkas. Quite frankly, Senator, I have to look 
into that because it should be.
    Senator Murkowski. Okay. That's encouraging for me to hear 
because it was our understanding that that was to be a priority 
and that we were all recognizing that this was going to be that 
gap filler, if you will, is that correct still?
    Secretary Mayorkas. Yes, Senator. Let me assure you that 
we're treating it as a priority.
    We are woefully under-resourced in the Arctic, especially 
given adverse nation states' focus on the Arctic. It is an 
incredibly important region. You and I have discussed this 
before and if it's not named as a priority, let me assure you 
that we are treating it as a priority.
    The funding for the commercially available icebreaker is 
critical for our footprint in the Arctic and when we get it, 
we'll still be behind, but we'll be that much better resourced.

                         POLAR SECURITY CUTTERS

    Senator Murkowski. Well, thank you for reinforcing that it 
will be a priority, but as we make that commercially available 
icebreaker priority, we cannot take our eye off the ball, which 
is the full complement of our Polar Security cutters and that 
line that this committee, that this Congress has authorized.
    I want to ask about the progress because I'm really 
concerned about what we're seeing with the level of progress 
with Polar Security cutters and maybe if you can speak to the 
level of coordination on DHS budget priorities between your 
office, the White House, and then subcomponents, like the Coast 
Guard.
    Last year, as I'm sure you know, the prime contractor for 
the Polar Security cutters was acquired by Bollinger Shipyards 
for a pretty nominal sum. There was an article that was a 
little bit disturbing. This was in Forbes and they said, ``The 
fact that B.T. Halter walked away from such a massive capital 
investment for so little should really put a chill over the 
Polar Security Cutter Program. Nobody in the government's 
talking about it. The Polar Security cutter seems to be in big, 
big trouble.''
    That's really worrisome to me. It is concerning when you 
have them recognize that they say--this is in the article, 
``Over the past 10 years America's never had a shipbuilding 
program where the prime contractor after struggling with the 
project has simply walked away, leaving behind little more than 
massive capital investment and huge multibillion dollar order 
book.'' They say, ``It's extremely worrisome and begs for real 
action.''
    How do we make sure that this program is not going to 
flounder? How do we make sure that this program is on track and 
do you have any specifics in terms of actual timelines when 
this first Polar Security cutter may be operational?
    Secretary Mayorkas. Senator, I'd like to get back to you on 
the specific timeline.
    Senator Murkowski. Okay.
    Secretary Mayorkas. The PSCs are a critically important 
assets for the reasons that you have identified. Allow me to 
get back to you on the schedule and I also want to--I'm not 
familiar with the Forbes article specifically, but I want to 
dig into the situation there.

                        U.S. COAST GUARD BUDGET

    Senator Murkowski. Well, know that we're digging into it. 
We would appreciate your attention to it, as well.
    As you know, we are lagging and a commercially available 
icebreaker is just going to be a gap-filler. We are at one and 
a half icebreakers, if you call it that. We won't see an Arctic 
icebreaker until two of these Polar Security cutters are off 
the line and in the meantime, as you know, Russia's not sitting 
still. China's not sitting still. I'm told that India is 
looking to build an icebreaker.
    At the rate that we're going here, it's kind of 
embarrassing to think that a country like India is going to 
have an icebreaker in the water before we would. So we've got 
to be moving here.
    I want to ask very quickly about the overall Coast Guard 
budget because as you know, we pay very, very close attention 
to it up in my state.
    What I'm told is that the Coast Guard's budget request this 
year is less than the fiscal year 2023-enacted level, down from 
$13.9 to $13.45 billion. Now Admiral Fagan has said, ``I'm 
confident that the trajectory of enhanced mission excellence 
can be matched by a similar trajectory if consistent three to 5 
percent annual growth budget. This means that by 2023 the 
United States Coast Guard would be a $20 billion a year 
organization. I'm sure you're not going to find a better return 
on investment for the American people.''
    I happen to believe very strongly in Admiral Fagan's 
comments that this is an extraordinary return for American 
people. I'm confused, though, because it seems that there's 
some rhetoric here that's not matching up between what is being 
said and then where we're putting the investment when we're 
actually seeing Coast Guard budgets going down and it's not 
only the push in the Arctic and what we need to be doing up 
there but as has been discussed, the Coast Guard's role in drug 
interdiction, in everything that they're doing with high seas. 
Their job is just growing every day.
    Can you explain the discrepancy here?
    Secretary Mayorkas. Senator, I know that the fiscal year 
2024 President's Budget invests, I believe it's about $1.6 
billion, in recapitalization of the Coast Guard. I know that it 
involves some very significant investments.
    I'll have to circle back with you on what you identify as a 
misalignment between the pronouncements of our great Commandant 
and the budget that we've presented to Congress.

                           H-2B VISA PROGRAM

    Senator Murkowski. Well, know that we're paying close 
attention to Coast Guard. I'll have an opportunity to visit 
with Admiral Fagan, as well, but if we can circle back on the 
Polar Security cutters and timelines and as I have information, 
I will share it.
    I know that Senator Shaheen spoke with you about H2Bs. Know 
that again what we want to do is get to a long-term solution to 
that program. You and I have discussed it repeatedly and I've 
got that commitment, but we sure need to be leaning in on that, 
and then as a follow-on, I would just remind you that I'm going 
to probably give you a call and talk to you about the Alaskan 
constituent that we've had a conversation about before and just 
kind of determine where we might be in that, as well.
    Secretary Mayorkas. Very well, and, Senator, I'll look 
forward also to speaking with you about the H-2B Visa Program. 
I know that the seasons are critical here and I think that I've 
obtained some additional information that will be useful.
    Senator Murkowski. Well, if you have it right this second. 
Do you have it with you?
    Secretary Mayorkas. I don't----
    Senator Murkowski. I don't mean to encroach on Senator 
Capito's time.
    Secretary Mayorkas. I don't want to misspeak, but I believe 
that the employment of returning workers may not count 
necessarily against the allocation, number 1, and there are 
Central American workers.
    Senator Murkowski. Right.
    Secretary Mayorkas. We have dedicated a certain number of 
visas to the Central American countries of Guatemala, Honduras, 
and El Salvador. I believe that it's Guatemala that has 
identified approximately 1,700 workers with experience in the 
seafood industry, some in the east, and some in the west. That 
may be a useful resource upon which we can draw to address the 
needs of the industry in Alaska.
    Senator Murkowski. Okay.
    Secretary Mayorkas. I'll look forward to verifying what I 
just said and to following up with you.
    Senator Murkowski. Let's visit on that because I'd also 
like to talk to you about the potential for the Ukrainian 
people that have come to Alaska, many of whom have had prior 
experience within the seafood industry and are looking for 
those opportunities, but we just need a little assist. So I'll 
look forward to that conversation.
    Secretary Mayorkas. Yes.
    Senator Murkowski. Thank you, Mr. Secretary.
    Secretary Mayorkas. Thank you.
    Senator Murkowski. Senator Capito, I guess you get to close 
it out when I'm done.

               DRUG TRAFFICKING: NONINTRUSIVE INSPECTIONS

    Senator Capito. It's just you and me.
    Thank you, Secretary Mayorkas, and it's good to be back on 
Homeland Security Subcommittee where I was the Ranking Member 
with Chairman Murphy and even though Ranking Member Britt isn't 
here, I know she will be great and working with, as well, the 
Chairman as I was. So I'm happy about that.
    To be honest with you, just briefly, I know you've had a 
long couple of days, I was just in Mexico with the group that 
went to Mexico about 10 days ago. You and I have talked through 
these years as I was Ranking Member and Chair on this 
subcommittee. The situation honestly hasn't improved I don't 
think at all in our southern border, their northern border. 
They're pretty much overwhelmed in a lot of cases.
    But I do believe the partnerships that we have with that 
country are extremely important if we're ever going to solve 
this migration issue.
    But I wanted to turn to the drug issue because this is 
really impacting, as you know, the state of West Virginia but 
also our country. I guess just recently, I know we've given a 
lot of money for non-intrusive inspection but we're still 
inspecting the trucks at the southern border. It's still very 
low. I don't know, 10 percent. Do you know the percentage?
    Secretary Mayorkas. Oh, no. A much greater percentage.
    Senator Capito. 20 percent?
    Secretary Mayorkas. I believe that we are inspecting 70 
percent in some of the ports of entry.
    Senator Capito. Really?
    Secretary Mayorkas. I believe so, but, Senator, I don't 
want to misspeak.
    Senator Capito. Okay, okay. Yeah.
    Secretary Mayorkas. I'll check on that.
    Senator Capito. Maybe you can clarify that while we're 
chatting.
    But in any way, it's still getting through. It's still 
getting through, as you know.
    Secretary Mayorkas. Yes.
    Senator Capito. Is there some new fentanyl scanning 
technology that you just recently have deployed that you're 
aware of?
    Secretary Mayorkas. We've increased the deployment of 
nonintrusive inspection technology. We are looking at how we 
can harness artificial intelligence to facilitate the detection 
of anomalies, including, you know, the hiding of fentanyl in 
compartments in trucks and in passenger vehicles. That's 
something we're very focused on.
    Senator Capito. One of the new unfortunate drugs that is 
now peaking in certain parts of the country is this Xylazine. 
Are you aware of that?
    Secretary Mayorkas. I am. Xylazine is actually a substance 
that is sometimes used with fentanyl.
    Senator Capito. It's used in agriculture mostly, correct?
    Secretary Mayorkas. Yes, but, you know, it's an illicit 
product that is used for an illicit purpose, and it is, of 
course, very, very dangerous.
    Senator Capito. Is it detectable if it comes through? Can 
you detect it?
    Secretary Mayorkas. One of the things that I saw in Arizona 
when I visited was our Ford Operating Labs, where we dedicate 
chemists, individuals with expertise, and the requisite 
equipment to be stationed at the port of entry so that we can 
identify with specificity and certainty the precise chemicals 
that are being trafficked through the port of entry.
    Senator Capito. So you can identify.
    Secretary Mayorkas  So that we could not only interdict and 
seize the chemicals but refer the individuals for prosecution 
immediately. It's having a very significant investigative and 
prosecutive benefit to it.

             BORDER PATROL AGENTS: RECRUIMENT AND RETENTION

    Senator Capito. Well, I mean, the amount that is being 
seized from year to year goes up. So that's good. We're seizing 
more, but it tells me we know it's getting through and I 
partially attribute it to the fact that our Border Patrol and 
our agents and officers are so overwhelmed with trying to 
figure out this human trafficking that's coming through the 
southern border and the numbers that we've never seen before 
that you only have so much and I'm afraid we're missing much, 
much more than we're actually seizing which I believe that to 
be true, and I think it's part of the issue is just the whole 
situation in the whole. So I'll leave that, my belief, on the 
table there.
    Let me ask you another question. When I was working with 
Senator Murphy here more closely on the committee, always 
asking for new border agents, then it doesn't seem like they 
can ever hire up to the number that they've been appropriated 
for.
    I understand this budget asks for a few more, not a whole 
lot more. Are we at the levels of full employment with our 
agents? Are we still having to do special incentives so that 
people can stay longer after retirement? Are they getting bonus 
pay or something like that? I mean, I think it's reflective of 
the morale, which I understand is very low. So what is the 
situation with the numbers and just because we would 
appropriate some more numbers, can we actually get there?
    Secretary Mayorkas. Senator, you asked a very, very 
important question. Our fiscal year 2024 budget, the 
President's budget, seeks resources to hire 350 more Border 
Patrol agents. We've been appropriated for this fiscal year to 
hire 300 more Border Patrol agents, the first time since 2011.
    The question is very important because it speaks to a 
recruiting and retainment challenge across law enforcement 
throughout this country.
    Senator Capito. Right.
    Secretary Mayorkas  We are very, very focused on 
recruitment and retention as a campaign. We need the resources 
to hire the additional Border Patrol agents because we are 
doing everything that we can to fill those slots. They're so 
critically needed for the reasons that you have identified.
    Senator Capito. So can you give me the numbers as to how 
many there are right now and how many if you add the 300? 
What's the max level and where are we now?
    Secretary Mayorkas. I certainly can provide you with that 
data. I will do that.
    Senator Capito. What I'm trying to get at is you can hire 
300 new. Are you down 500 or a thousand?
    Secretary Mayorkas. We are down some.
    Senator Capito. Yes.
    Secretary Mayorkas. We have some vacancies. We're working 
very diligently to fill those vacancies, and we obviously are, 
of course, recruiting to fill the additional slots that we 
have.
    Senator Capito. Well, I think part of the issues have been 
that we've been asking these agents to do so many different 
things that they really are not in their core missions and so 
because of the so many people and we saw that when we went 
down, you and I traveled together and, you know, partially 
there's some National Guard people that come down, some NGOs 
that help, but essentially our border agents are asked to do so 
much in very, very difficult situations.
    So I for one, and I know you do, too, very much appreciate 
the work that they're doing. I hope you can get to the levels 
of which you're appropriated, but I just feel like its law 
enforcement has an issue overall, absolutely no doubt about it, 
but I think you have particular challenges within your 
department on this.
    So thank you for coming.
    Secretary Mayorkas. Thank you very much, Senator.
    Senator Murphy. Thank you, Senator Capito.
    This concludes, I think, the Homeland Security 
Appropriations Subcommittee hearing regarding the 2024 fiscal 
year Budget.
    I want to thank Secretary Mayorkas for his time with us. I 
know this is a busy season coming before Congress repeatedly. 
We appreciate your willingness to allow us to have this 
conversation together.

                     ADDITIONAL COMMITTEE QUESTIONS

    We're going to keep the record open for seven days allowing 
members to submit statements and/or questions for the record 
but that needs to be sent to the committee by the close of 
business on Wednesday, April 5th, 2023, and with that this 
committee stands adjourned.
             Questions Submitted by Senator Jeanne Shaheen
                          afghan resettlement
    Question. Secretary, when the United States withdrew from 
Afghanistan in 2021, we left behind many Afghans who spent years 
working and advocating for a better future for Afghanistan. With the 
Taliban takeover, those Afghans are now at grave risk of retaliation 
and violence. With no other options, many applied for humanitarian 
parole and paid $575 per person, a heavy burden for the vast majority 
of Afghans. Yet nearly all of them have been denied or have not had 
their applications processed yet. As I noted for you previously, last 
month the International Refugee Assistance Project (IRAP) and the 
American Immigration Council (AIC) released the results of a Freedom of 
Information Act request that showed that less than one percent of 
Afghan humanitarian parole applications were approved and just 44 
percent of fee waiver applications were granted. This means that the 
agency collected $19 million in fees from Afghans yet denied or did not 
adjudicate most of their applications.
    Why did DHS reject a proposal to waive fees for Afghans applying 
for humanitarian parole? Furthermore, why did DHS decide to waive all 
fee requirements for Ukrainians fleeing the war in Ukraine but not for 
Afghans?
    Answer. USCIS has taken several measures to waive or exempt fees 
for Afghan nationals seeking parole. All Afghans and other parole 
applicants may request a fee waiver for Form I-131, Application for 
Travel Document. Additionally, on July 29, 2022, USCIS approved a fee 
exemption for the first Form I-290B, Notice of Appeal or Motion, filed 
for a denied (between Aug. 1, 2021, and Sept. 30, 2023) parole request 
on behalf of an Afghan national outside of the United States and 
requesting parole for urgent humanitarian reasons or significant public 
benefit. On May 26, 2023, USCIS also approved a fee exemption for 
certain Afghan national parolees applying for re-parole (Form I-131) 
and renewal of employment authorization (Form I-765). Moreover, USCIS's 
proposed fee rule proposed a fee exemption for Special Immigrant Visas 
(SIVs) for all fees filed with or associated with SIV filing by Afghan 
Nationals Employed by or on behalf of the U.S. Government or Employed 
by the ISAF through adjustment (including I-131, I-212, I-290B, I-485, 
I-601, I-765). See U.S. Citizenship and Immigration Services Fee 
Schedule and Changes to Certain Other Immigration Benefit Request 
Requirements, 88 FR 402 (Jan. 4, 2023).
    USCIS is using limited Congressional appropriations passed on 
September 30, 2021, for necessary expenses in support of Operation 
Allies Welcome to include I-131 re-parole applications, but needs to 
ensure that funds are available for the cost of adjudicating Afghan 
asylum applications, as required under Section 2502(a)20 of Pub. L. 
117-43. The process for Ukrainians seeking consideration for parole 
under Uniting for Ukraine (U4U) is a different parole process than the 
process used by Afghans who submit requests for humanitarian parole to 
USCIS. Because USCIS is 97 percent fee funded any free service provided 
is funded by shifting the budget, forgoing improvements, or reducing 
reserves. USCIS has significant backlogs in multiple areas and 
reassigning staff and funds to Afghan parole must be balanced against 
other needs.
    USCIS's role in U4U is the vetting and confirmation of potential 
supporters who file Form I-134A, Online Request to be a Supporter and 
Declaration of Financial Support. Because CBP, not USCIS, is 
adjudicating the parole request itself under U4U, there is no need for 
USCIS to charge a fee to recover the cost of adjudicating the parole 
request.

  --In contrast, Afghans requesting humanitarian parole through USCIS's 
        Humanitarian Affairs Branch (HAB) file their request directly 
        with USCIS. Nonetheless, they may submit a request to waive the 
        application fee. HAB conducts background, identity, and 
        security checks, reviews the application and evidence submitted 
        in support of the request, and determines whether the request 
        should be approved. The volume of parole requests HAB receives 
        has risen dramatically in recent years, driven almost entirely 
        by Afghans, and has required a significant increase in the 
        resources USCIS dedicates to this caseload. USCIS must 
        adjudicate this parole caseload, and must either collect fees, 
        reduce reserves, or use funds budgeted for other services 
        (including reducing backlogs) to fund the resources to do so.
    USCIS has also approved fee exemptions for other filing types for 
Afghan nationals, which do not require the filing of a fee waiver, such 
as the Form I-765, Application for Employment Authorization, as well as 
other fee exemptions, including:

  --On July 27, 2021, in addition to Form I-765, Application for 
        Employment Authorization, the acting USCIS Director approved 
        fee exemptions for Form I-485, Application to Register 
        Permanent Residence; Form I-601, Application for Waiver of 
        Grounds of Inadmissibility; and any related biometric services 
        fee, for Afghan nationals and derivative dependents who were 
        paroled into the United States and conferred Special Immigrant 
        status.

  --On October 20, 2021, the USCIS Director approved a fee exemption, 
        through September 30, 2022, for certain Afghan nationals filing 
        Form I-765, Application for Employment Authorization, and Form 
        I-485, Application to Register Permanent Residence.

  --Additionally, on Nov. 17, 2021, the USCIS Director provided a group 
        exemption for Form I-485, Form I-601, and associated biometric 
        fees for Afghan diplomats and immediate family members who held 
        valid A or G nonimmigrant status on July 14, 2021, and are 
        filing to adjust status under Section 13 of the Immigration and 
        Nationality Act of 1957.

  --On January 5, 2022, the USCIS Director approved a fee exemption for 
        replacement Employment Authorization Documents (EADs) for 
        Afghan nationals.

  --Subsequently, on November 8, 2022, the USCIS Director approved, 
        through September 30, 2023, a number of fee exemptions for 
        certain Afghan nationals, including for Form I-130, Petition 
        for Alien Relative; Form I-824, Application for Action on an 
        Approved Application or Petition for an Afghan Special 
        Immigrant Visa holder; Form I-601, Application for Waiver of 
        Grounds of Inadmissibility; as well as an extension of 
        previously exempted fee exemptions for certain Afghan nationals 
        for Form I-765, Application for Employment Authorization, and 
        Form I-485, Application to Register Permanent Residence or 
        Adjust Status.

  --In November 2022, USCIS also implemented policy measures deeming 
        certain Afghan nationals' employment authorized incident to 
        parole, which means they do not have to wait for their Form I-
        765 to be approved prior to beginning to work.

  --On May 5, 2023, DHS announced a streamlined application process for 
        qualifying Operation Allies Welcome parolees, beginning in 
        June, for both re-parole and employment authorization for the 
        duration of 2 years, and USCIS will be exempting the fee for 
        both benefits to ensure continuity of lawful presence and 
        employment authorization.
  --On June 8, 2023, DHS also announced that those Afghan nationals 
        paroled into the U.S. under Operation Allies Welcome who have 
        timely filed a Form I-485 or Form I-589 would be considered, on 
        a case-by-case basis, for extension of their initial parole and 
        employment authorization for the duration of 2 years, also 
        without a fee.

    Question. If humanitarian parole was not the right pathway for most 
Afghans, when did the Administration clearly convey to Afghans that 
parole was not a feasible pathway for most of them, and how many had 
already applied by that point?
    Answer. USCIS has provided detailed information on its public 
website regarding humanitarian parole since as early as 2017. This 
includes the Humanitarian or Significant Public Benefit Parole for 
Individuals Outside the United States page \1\ and the Guidance on 
Evidence for Certain Types of Humanitarian or Significant Public 
Benefit Parole Requests \2\ page. These websites provide information on 
what parole is, the parole process, how to apply, and the types of 
evidence to include when submitting a request for parole to USCIS, 
including the high evidentiary standard for parole requests based 
solely on the need for protection from targeted harm.
---------------------------------------------------------------------------
    \1\ https://www.uscis.gov/humanitarian/
humanitarianpublicbenefitparoleindividualsoutsideUS
    \2\ https://www.uscis.gov/humanitarian/humanitarian-parole/
guidance-on-evidence-for-certain-types-of-humanitarian-or-significant-
public-benefit-parole-requests
---------------------------------------------------------------------------
    Prior to fiscal year 2021, USCIS typically received between 1,500 
and 2,000 requests for humanitarian or significant public benefit 
parole from all nationalities, often for urgent medical treatment, to 
care for a seriously or terminally ill relative in the United States, 
or to attend a funeral. However, following the fall of Kabul in August 
2021, and the use of parole by U.S. Customs and Border Protection to 
permit Afghan nationals to enter the United States through Operation 
Allies Welcome, USCIS received an unprecedented number of parole 
requests for protection reasons. USCIS received almost 40,000 parole 
requests filed on behalf of Afghan nationals in the fall of 2021, over 
20 times the average number of annual receipts for all nationalities.
    Following the unprecedented increase of parole requests, USCIS 
published additional information on November 5, 2021 \3\ specifically 
for Afghan nationals on the Information for Afghan Nationals on 
Requests to USCIS for Parole webpage. This information reiterated the 
high evidentiary standard for parole requests based solely on the need 
for protection from targeted harm, and provided additional information 
specific to Afghan nationals, including strong positive factors that 
USCIS considers when assessing urgent humanitarian reasons and 
significant public benefit for parole and the exercise of discretion 
for Afghan nationals.
---------------------------------------------------------------------------
    \3\ https://www.uscis.gov/humanitarian/humanitarian-parole/
information-for-afghan-nationals-on-requests-to-uscis-for-parole
---------------------------------------------------------------------------
    Also on November 5, 2021, USCIS held a public stakeholder event on 
urgent humanitarian and significant public benefit parole requests. 
USCIS has continued to consistently advise the public and Congress that 
parole is not intended to circumvent established international refugee 
protection mechanisms or to provide protection to individuals at 
generalized risk of harm. It is U.S. government policy to generally 
address protection needs, including for most Afghan nationals who may 
need protection, through the international refugee protection regime, 
which may include resettlement through the U.S. Refugee Admissions 
Program (USRAP), the SIV program, and other programs.
                         ukrainian resettlement
    Question. I appreciate that the Uniting for Ukraine program 
established an efficient pathway to get Ukrainians fleeing the war in 
Ukraine safely to the United States through humanitarian parole. I 
remain frustrated that the Administration has not extended a similar 
program to Afghans but I hope that Uniting for Ukraine has provided 
best practices and lessons learned for how we respond to emergency 
refugee situations. However, I remain concerned by the administration's 
lack of oversight of this program and lack of protection for arriving 
Ukrainians. In particular, I am concerned that there is very little 
criteria governing the relationship between the Ukrainian refugee and 
their U.S.-based sponsor, and it is my understanding that DHS does not 
follow up with Ukrainians after they are paroled into the United 
States.
    What is being done to ensure that Ukrainians remain in a safe and 
healthy environment once they have arrived in the United States?
    Answer. Congress, on May 21, 2022, passed the Additional Ukraine 
Supplemental Appropriations Act. This authorizes resettlement benefits 
for Ukrainians who were paroled into the United States between February 
24, 2022, and September 30, 2023. Such parolees are eligible to apply 
for mainstream benefits such as Temporary Assistance for Needy Families 
(TANF), Supplemental Security Income (SSI), health insurance through 
Medicaid, and food assistance through the Supplemental Nutrition 
Assistance Program (SNAP), resettlement assistance, and other benefits 
available to refugees (with the exception of the initial Reception and 
Placement program administered by the Department of State), until the 
end of their parole period, including any periods of re-parole. These 
individuals' spouses and unmarried children under the age of 21 who 
were paroled into the United States after September 30, 2023, are also 
eligible to apply for these benefits.
    Benefits include Office of Refugee Resettlement (ORR) cash and 
medical assistance for up to 12 months and employment services 
available until the end of the parole period or 5 years from the date 
the individual was paroled, whichever is sooner\4\. Employment services 
known as Refugee Support Services (RSS) include assistance in attaining 
employment and self-sufficiency such as job training, job search help, 
English language training, childcare, transportation, interpretation 
services, and case management. Resettlement agency case management 
services includes home visits, assistance with school enrollment, legal 
assistance referrals, emergency housing support (if necessary), 
cultural orientation, and mental health support and referrals.
---------------------------------------------------------------------------
    \4\ https://www.acf.hhs.gov/orr/fact-sheet/benefits-ukrainian-
humanitarian-parolees
---------------------------------------------------------------------------
    From their date of eligibility (May 21, 2022, or the date they 
received parole, whichever is later), Ukrainian parolees may be 
eligible for domestic medical screening examinations, also known as 
refugee medical screenings, funded by ORR. These screenings support 
clients' resettlement by identifying health conditions that threaten 
their well-being, providing vaccinations required for school and work, 
and referring
    USCIS' Fraud Detection and National Security (FDNS) Directorate 
refers instances of suspected beneficiary abuse and exploitation to the 
appropriate law enforcement office. During investigations, law 
enforcement may connect an individual with victim support services.
    Question. Has the administration observed any instances of human 
trafficking or abuses? If so, what has been done to address these 
instances?
    Answer. Since the beginning of the U4U process, USCIS FDNS has 
identified a small number of suspected instances of human trafficking 
or abuse. In these cases, USCIS followed established protocol and 
referred these cases to law enforcement agencies for investigation.
    FDNS established a referral process for receiving and responding to 
suspected human trafficking and other significant safety concerns from 
agency partners, including Department of Health and Human Services 
referrals received through the National Human Trafficking Hotline and 
the Office of Refugee Resettlement. If human trafficking or abuse 
indicators are identified, FDNS notifies the local office of Homeland 
Security Investigations and the DHS Center for Countering Human 
Trafficking.
    Question. Has the administration heard of any sponsors who are 
unable to meet their obligations? If so, what is being done to ensure 
that Ukrainian refugees are receiving the resources that they need?
    Answer. USCIS is aware of some cases where supporters whose Form I-
134A, Online Request to be a Supporter and Declaration of Financial 
Support, were confirmed are unable to adequately support the 
beneficiary named on the Form I-134A once the beneficiary is paroled 
into the United States. When such cases come to the attention of USCIS, 
they are referred to FDNS for investigation. And to the extent that the 
supporter files subsequent Form I-134A for other beneficiaries, those 
may not be confirmed.
    The U4U process is designed to include multiple levels of vetting. 
To qualify as a supporter, an individual must file a Form I-134A, 
Online Request to be a Supporter and Declaration of Financial Support 
on behalf of a Ukrainian national or their immediate qualifying family 
member. A separate Form I-134A must be filed for each individual 
beneficiary, including minors and members of the same household. 
Potential supporters who file Form I-134A with USCIS need to show that 
they hold lawful status in the United States or are a parolee or 
beneficiary of deferred action or Deferred Enforced Departure. USCIS 
conducts security and background vetting on the supporter and 
determines if the supporter has demonstrated financial resources to 
receive, maintain, and support the individuals who they commit to 
support for the duration of their anticipated stay in the United 
States. To demonstrate the ability to support a potential beneficiary, 
financial supporters submit evidence including but not limited to 
copies of U.S. Federal tax returns, letters of employment, and 
statements from a bank or financial institution. USCIS uses the Federal 
Poverty Guidelines as outlined by the Department of Health and Human 
Services as a general guide in determining the supporter's ability to 
sufficiently support a beneficiary. Each Form I-134A that is filed 
receives individual review by a trained USCIS employee.
    USCIS conducts outreach to local Ukrainian community centers, 
faith-based institutions, resettlement agencies, and nonprofits to 
ensure that Ukrainian parolees are aware of the benefits available to 
them. These benefits include through congressional action \5\ cash 
assistance, medical assistance, emergency housing, job search coaching, 
and case management services.\6\
---------------------------------------------------------------------------
    \5\ https://www.congress.gov/bill/117th-congress/house-bill/7691/
text
    \6\ https://www.acf.hhs.gov/sites/default/files/documents/orr/PL-
22-13-Ukrainian-Humanitarian-Parolees-Eligible-for-ORR-Benefits-and-
Services.pdf
---------------------------------------------------------------------------
                additional refugee resettlement concerns
    Question. I am concerned that, for the past several years, the 
Administration has met only a fraction of its goal for the number of 
refugees resettled. Last year, the Administration resettled just 25,000 
refugees, despite its stated goal of 125,000--and this is despite the 
fact that we are in the midst of the largest humanitarian crisis ever 
recorded. I recognize that the enormous cuts to refugee resettlement 
under the previous Administration severely decimated the U.S. Refugee 
Admissions Program's capacity, but I am concerned that the 
Administration has not done enough to rebuild the program.
    How is your agency working to restore our refugee resettlement 
capacity?
    Answer. USCIS is taking concrete steps to increase refugee 
interviews and admissions to help restore the U.S. Refugee Admission 
Program (USRAP) resettlement capacity. These steps include obtaining 
appropriated funding to increase staffing levels, aggressively hiring 
to fill those positions, deploying more refugee processing circuit 
rides (which were delayed in recent years, in particular by the COVID 
pandemic), working to complete cases of refugee applicants already 
interviewed, and implementing concurrent processing in partnership with 
the Department of State. As a result of these efforts, USCIS is well on 
its way to achieving our commitment to double the number of refugees 
resettled from the Western Hemisphere.
    As we emerge from the pandemic, USCIS has built a robust circuit 
ride schedule that maintains safety for USCIS officers, Resettlement 
Support Center staff, and refugee applicants. In the first half of 
fiscal Year 2023, USCIS deployed over 400 officers to 66 circuit ride 
locations.
    USCIS also incorporated video-teleconference (VTEL) interviews into 
normal processing. The use of VTEL interviews in fiscal Year 2023 Q1 
and Q2 allowed USCIS to interview over 2,000 additional refugee 
applicants in 10 countries. VTEL interviews also allowed USCIS to 
conduct interviews in locations that are difficult to reach due to 
their remote nature or security restrictions preventing travel, or 
locations where a low volume of applicants make it less efficient to 
send officers. Reinterviews for cases requiring additional questioning 
due to family composition changes after the initial interview were also 
conducted by VTEL.
    Furthermore, with the Department of State, Bureau of Population, 
Refugees and Migration (DOS/PRM), USCIS developed and implemented 
concurrent processing in several locations this fiscal year. Based on a 
model designed with the Refugee Coordination Center (RCC)-a White House 
initiative with assistance from the U.S. Digital Service (USDS)-and in 
coordination with DOS/PRM, USRAP began concurrent processing in four 
locations to reduce start-to-finish processing times for refugee 
applicants.
    Concurrent processing means steps that normally take place 
sequentially, such as medical exams or assurances for placement with 
domestic resettlement agencies, can take place at the same time as 
other steps, including the USCIS interview and finalization of the 
USCIS decision. USCIS and DOS are following a shared approach to 
prioritize cases with logic built into various operational reports 
ensuring that USRAP partners work together to move cases forward 
expeditiously. Through these efforts, the USRAP has been able to 
increase efficiencies and shorten the timeline from USCIS interview to 
admission to the United States from an average of 18 months down to 3 
months.
    USCIS began implementing concurrent processing in four locations in 
fiscal Year 2023 Quarter 1: Guatemala, Turkey, Malaysia, and Tanzania. 
In Quarter 2, USCIS expanded the concurrent processing initiative to 
Burundi, Chad, Ecuador, El Salvador, Honduras, and Rwanda.
    In late April 2022, USRAP committed to doubling the number of 
refugees resettled from the Western Hemisphere, increasing its 
commitment from 20,000 to 40,000 refugees from the Western Hemisphere, 
in the next two fiscal years. USCIS has also announced efforts to 
establish Secure Mobility Offices in key locations throughout the 
Western Hemisphere to further reduce irregular migration, significantly 
expand lawful pathways for protection, and facilitate safe, orderly, 
humane processing of migrants from the Americas. These will initially 
operate in Guatemala and Colombia.
    This focus on the Western Hemisphere has already yielded 
significant results. Through coordination with Department of State, the 
USRAP resettled 2,485 individuals from the Western Hemisphere in fiscal 
Year 2022, a 521 percent increase over fiscal Year 2021 and an eight-
year high for the region. As of May 31, 2023, the USRAP resettled 3,443 
refugees from the Western Hemisphere with 4 months left in the fiscal 
Year to continue to resettle refugees from the region.
    USCIS greatly appreciates Congress' past support for humanitarian 
programs. The President's fiscal Year 2024 budget request includes 
appropriated funding to support the processing of refugee and asylum 
applications.\7\ Without this funding, USCIS would need to rely on the 
prospective fees in its proposed fee rule to recover the costs for 
refugee processing.
---------------------------------------------------------------------------
    \7\ USCIS requested $137 million to support the International 
Refugee Affairs Division and $342 million to support Asylum 
adjudications in the fiscal Year 2024 budget request. USCIS' full 
budget request is available at: https://www.dhs.gov/sites/default/
files/2023
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    Question. What steps is the Department taking to ensure we are able 
to meet our resettlement goals for 2023?
    Answer. The President set this fiscal year's refugee admissions 
ceiling at 125,000 refugees. As a result of the steps outlined in the 
answer to question 9, the USRAP and USCIS have made significant 
progress in the first half of the year towards these goals. USCIS 
completed over 40,000 interviews in the first half of the fiscal year. 
This is compared with 44,000 total initial interviews conducted in all 
of fiscal Year 2022. USCIS approved over 35,000 individuals for refugee 
status in the first two quarters. In Quarter 1, 6,759 refugees were 
admitted to the United States through the USRAP, and 11,672 refugees 
were admitted to the United States through the USRAP in Quarter 2.
    USCIS plans to continue to increase refugee interviews in Quarters 
3 and 4, estimating a total of 50,000 interviews in the second half of 
the year. This will yield additional refugee admissions in Quarter 4 
and ensure a robust pipeline as the program enters fiscal Year 2024. 
VTEL interviews and the concurrent processing model will also continue 
into the second half of the fiscal year, allowing greater access to 
refugee interviews and more increased processing efficiency.
    Question. In January, the Administration announced it is creating a 
``Welcome Corps'' to allow groups of private individuals to sponsor 
refugees for resettlement.
    How will this new program impact the Administration's efforts to 
increase refugee resettlement through our longstanding Refugee 
Admissions Program?
    Answer. USCIS defers questions on the Welcome Corps to the 
Department of State's (DOS) Bureau of Population, Refugees, and 
Migration (PRM), which established and operates this program in 
collaboration with the Department of Health and Human Services.
    Question. How does the Administration plan to ensure privately-
sponsored refugees receive adequate supports and are protected from 
abuse and exploitation?
    Answer. USCIS defers to the Department of State.
    Question. Furthermore, I'm concerned that there is a backlog of 
more than 100,000 individuals in the U.S. Refugee Admissions Program 
(USRAP) Direct Access Program (DAP) for U.S.-Affiliated Iraqis.
    Since restarting the program last March, what is the Administration 
doing to address this backlog?
    Answer. Since the restart of the Iraqi Priority 2 (P-2) Direct 
Access Program (DAP) in March 2022, USCIS has deployed officers to Iraq 
to interview refugee applicants in Quarter 4 of fiscal Year 2022 and 
Quarters 1 and 2 of fiscal Year 2023. USCIS is tentatively scheduled to 
interview P-2 DAP applicants in Iraq again before the end of this 
fiscal year. In addition, USCIS has been collaborating with DOS/PRM to 
create a more efficient process for cases that require employment re-
verification.
                            border security
    Question. I am concerned about the President's budget's request to 
reduce funding for key programs that protect our border security. 
Customs and Border Protection (CBP) is proposing to end the autonomous 
surveillance towers (AST) program of record and fold this program into 
the Integrated Surveillance Tower (IST) program. And yet, the overall 
level of funding for IST would fall by $17,112,000 and funding for AST 
would drop to $12,400,000 in fiscal Year 2024. Moreover, the agency 
provides scant detail about this proposed change and notes in its 
budget justification that ``[t]he decrease will have a direct impact to 
specific towers that may shut down and equipment removed to repair 
other towers based on operational priorities deemed most critical.'' 
Additionally, the proposed cuts to non-intrusive inspection (NII) 
equipment raises issues. It is concerning that CBP is choosing to 
squeeze extended use from NII equipment potentially beyond its service 
life instead of procuring new NII equipment. The President has 
requested $155,254,000 for FY24 for the NII equipment program, a $20 
million cut from what Congress provided in fiscal Year 2023.
    Given the rates of drug trafficking at the border and our other 
border security needs, why are you proposing to cut these needed 
funding streams?
    Answer. See next question answer.
                         local law enforcement
    Question. I am concerned about proposed budget cuts the 
Transportation Security Administration (TSA) is asking Congress to make 
that State and local law enforcement rely on to help secure U.S. 
airports. Specifically, TSA is asking Congress to eliminate the Exit 
Lane Staffing ($111 million) line item, Canine Reimbursement Program 
($34,088,000) and Law Enforcement Officer (LEO) Reimbursement Program 
($45,900,000). At the local level these are among the three most 
important programs we have that to make sure the U.S. never experiences 
another aviation-related terrorism incident and promotes airport safety 
generally. State and local law enforcement agencies are partners with 
TSA in making our airports safe, and they depend on these funding 
streams to fulfill their duties.
    Why are you proposing to cut critical help for States and 
localities and shift Federal responsibilities to entities unable to 
shoulder these costs?
    Answer. The autonomous surveillance towers (AST) program will 
continue to be a central piece of CBP's Integrated Surveillance Tower 
(IST) Portfolio, which brought all tower programs under one umbrella in 
2022. Towers are not our only investments in border security. CBP has 
prioritized funding a mix of investments to secure the border.
    CBP made strategic decisions to include reductions across the 
budget to invest in high priority areas. There is approximately $109 
million shortfall in operations and sustainment funding for the 
following USBP border security technology programs.

  --$43.4 million shortfall for Integrated Surveillance Towers (IST) 
        will result in 231 ISTs not supported.

  --$1 million shortfall for Small Unmanned Aircraft Systems (SUAS) 
        will result in 50 Indago SUASs not supported.

  --$4.6 million shortfall for Mobile Video Surveillance Systems (MVSS) 
        will result in 72 MVSSs not supported.

  --$4.2 million shortfall for Mobile Surveillance Capability (MSC) 
        will result in 26 MSCs not supported.

  --$7.1 million shortfall for Counter Unmanned Aircraft Systems (CUAS) 
        will result in 68 CUASs not supported.

  --$18.5 million shortfall for Tactical Aerostat Systems (TAS) will 
        result in 4 TASs not supported.

  --$7.7 million shortfall for Team Awareness Kits (TAK) will result in 
        8,097 TAK devices not supported.

  --$4.7 million shortfall for Linear Ground Detection Systems (LGDS) 
        will result in 140 miles of LGDS not supported.

  --$18 million shortfall for Tactical Communications will result in 
        the inability to adequately fund approximately 976 Land Mobile 
        Radio communication circuits and router maintenance fees for 
        1,061 sites to maintain mission critical voice communications; 
        reduction of funds needed to maintain 580 infrastructure leases 
        and related utilities.

    CBP cannot predict the operational impact for each border security 
technology by sector. CBP will mitigate the risk of these reductions 
during the year of execution, prioritizing resources to the most 
critical areas.
    Regarding NII, the program will continue to assess system 
acquisitions, technology utilization, and sustainment costs to 
prioritize needs and optimize total ownership cost while maintaining or 
improving material readiness to meet mission requirements. The fiscal 
Year 2024 President's Budget includes $305 million for additional non-
intrusive inspection equipment and staffing at and between ports, as 
well as to expand outbound and processing to include the mail and 
express environments would enable CBP to do more to disrupt TCOs and 
interdict fentanyl and other drugs.
                               h-2b visas
    Question. I appreciate your response to my concerns about the 
challenges facing businesses that rely on the H-2B visa program for 
temporary foreign workers. I understand that the agency provided the 
maximum number of allowable visas in Fiscal Year 2023, but I am 
concerned that this was still not enough, as I continue to hear from 
seasonal small businesses in my state who were unable to access the 
visas they need.
    What in your view needs to be done to improve this program's 
functionality and ensure that it provides certainty for our seasonal 
small businesses?
    Answer. DHS recognizes the critical role the H-2B temporary 
nonagricultural worker program plays in addressing labor shortages 
facing U.S. businesses. As you noted, the Secretary of Homeland 
Security, in consultation with the Secretary of Labor, authorized 
64,716 H-2B nonimmigrant visas for Fiscal Year 2023 under supplemental 
cap authority provided by Congress.
    The Department remains committed to ensuring that American 
businesses have access to the resources needed to continue to recover 
from the pandemic; however, only Congress has the authority to make 
certain structural changes to the H-2B program, such as increasing the 
66,000 maximum annual number (``statutory cap'') of noncitizens to whom 
DHS may issue H-2B visas or otherwise provide H-2B nonimmigrant status 
to perform temporary nonagricultural work. See INA sections 
214(g)(1)(B) and (g)(10), 8 U.S.C. 1184(g)(1)(B) and (g)(10). DHS 
stands ready to work with Congress to reform both the H-2A and H-2B 
programs to better support American employers and the economic health 
of communities.

                                 ______
                                 

              Questions Submitted by Senator Tammy Baldwin
    Question. The Homeland Security Committee has noted the decline in 
the USCG Great Lakes fleet over the past several decreased, resulting 
in an estimated $2 billion in economic losses and 10,000 jobs over the 
past decade.
    Congress authorized $350 million in FY23 to the Coast Guard to 
acquire a heavy icebreaker, at least as capable as the USCGC MACKINAW, 
to support icebreaking requirements in the Great Lakes. Additionally, 
Congress authorized $20 million for design and planning activities.
    This year, I am again supporting this effort, asking for 
$75,000,000 for preacquisition and design activities, including 
$20,000,000 for procurement of long lead time materials for a second 
heavy U.S. Coast Guard Cutter.
    What will the Department do to support the Coast Guard's 
acquisition of an additional heavy icebreaker for the Great Lakes? What 
steps towards this goal do you believe are feasible to accomplish 
within FY24? Do the Department and the Coast Guard anticipate any 
delays, and do you have any recommendations for facilitating faster 
acquisition of a Great Lakes Icebreaker?
    Answer. Under the Department's oversight, the Coast Guard will 
manage and execute the acquisition in accordance with the statutory 
requirements of Title 14 of the U.S. Code and DHS acquisition 
management policies, including DHS Directive 102-01. The Department, 
through the Acquisition Decision Authority, will authorize, as 
appropriate, tailoring of the Acquisition Lifecycle Framework and 
document requirements, ensure appropriate planning and resource 
allocation, and approve the Acquisition Performance Baseline.
    Subject to receipt of appropriations, the Coast Guard will seek 
approval for an Acquisition Decision Event One to initiate the program 
and enter the Analyze/Select Phase in fiscal Year 2024. Additionally, 
the Coast Guard intends to conduct further market research; initiate 
the development of the Lifecycle Cost Estimate and Operational 
Requirements Document; progress the indicative design; and execute the 
Alternatives Analysis.
    The Coast Guard does not anticipate any delays at this time, and 
the program is preparing to efficiently execute all required Analyze/
Select Phase activities upon receipt of an appropriation. Until an 
acquisition is formally initiated, the program schedule, to include 
projected delivery timelines, is notional and depends on the 
shipbuilding industrial base's capacity, interest, and availability to 
meet program requirements. As part of the Analyze/Select Phase, 
comprehensive industry engagement and analyses are conducted to 
identify opportunities and risks for executing the acquisition and to 
establish a baseline schedule.
    Question. Secretary Mayorkas, the Safeguard Tribal Objects of 
Patrimony (or STOP) Act of 2021, Pub. L. No. 117-258, which was signed 
into law in December, was designed to prevent the international 
trafficking of Tribes' sacred items. The Department of Homeland 
Security, among other things, is required to detain items the STOP Act 
prohibits from being exported or that lack an export certification, and 
it must ensure appropriate personnel at U.S. Customs and Border 
Protection participate in trainings. It is also required to participate 
in the STOP Act's interagency working group.
    What budgetary resources do you anticipate needing to carry out the 
Department of Homeland Security's responsibilities under the STOP Act?
    Answer. CBP's Office of Field Operations anticipates the need for 
additional infrastructure, staffing, and equipment to expand outbound 
mail examination and processing at ports of entry (POE). The additional 
$305 million requested in the fiscal Year 2024 President's Budget for 
non-intrusive scanning equipment will assist in the detection of 
cultural and other outbound restricted items. Staffing for outbound 
teams at ports is currently limited; therefore, the fiscal Year 2024 
President's Budget adds 150 CBP Officers to provide the necessary 
support to enhance lawful trade facilitation.
    The Office of Partnership and Engagement (OPE)'s Tribal Affairs is 
the Department's lead on Tribal engagement and implementation of Tribal 
programs and initiatives. It serves as the main central point of 
contact at DHS for Tribal Nations and assists in establishing and 
implementing intergovernmental policy in coordination with components 
and offices. For the STOP Act, its responsibilities include 
representing the Department in the promulgation of regulations, 
participation in the interagency working group, collaboration to 
establish the secure central Federal database, and interactions with 
the Native working group. The fiscal Year 2024 President's Budget 
includes additional personnel to continue efforts in this mission 
space.
    Question. Between 2019 and 2021, fentanyl overdose deaths in 
Wisconsin grew by 97 percent. Of the overdose deaths in 2021, synthetic 
opioids were identified in 91 percent of opioid overdose deaths and 73 
percent of all drug overdose deaths in Wisconsin. These overdose deaths 
are fueled in part by a supply chain of synthetic drug precursor 
chemicals shipped from China to Mexico, with both precursors and final 
products then smuggled across our Nation's southwest border.
    Preventing overdose deaths in Wisconsin requires addressing this 
evolving illicit supply chain. How does the Department intend to 
address the smuggling of both precursor chemicals and assembled 
fentanyl products at our southwest border and what resources does it 
need to adequately respond to this issue?
    Answer. Pill presses and die molds, shipped almost exclusively from 
China/Hong Kong, facilitate the mass production of fentanyl. CBP 
reported 253 incidents of pill press/die mold seizures in fiscal Year 
2022, mostly entering via mail or express consignment. The top 
locations of U.S. consignees included Florida, Illinois, and 
California. Parts are often declared as ``screw,'' ``steel shaft,'' 
``press machine,'' and other such descriptors.
    Due to their dual-use nature, precursor chemicals are not seized at 
the same rate as fentanyl. However, the four main fentanyl precursors 
are regulated under the Controlled Substances Act. The most frequently 
seized fentanyl precursors in fiscal Year 2022 included 4-anilino-N-
phenethyl-4- piperidine (ANPP), N-phenethyl-4-piperidone (NPP), 4-
anilinopiperidine (4-AP), and propionyl chloride. Roughly half of the 
precursor material seized in fiscal Year 2022 was shipped from China, 
followed by Western European countries.
    In March 2023, DHS launched Operations Blue Lotus and Four 
Horsemen, where CBP and other federal, State, and local agencies 
conduct targeted activities at ports of entry (POE) to intercept 
fentanyl and other contraband and disrupt transnational criminal 
organizations (TCO). In just 2 months, Operation Blue Lotus and 
Operation Four Horsemen seized nearly 10,000 pounds of fentanyl, and 
more than 10,000 pounds of narcotics like cocaine and methamphetamines. 
In its last week alone, Blue Lotus saw a 2000 percent percent increase 
in seizures at a single port of entry and arrested 284 people on 
fentanyl charges.
    In the fiscal Year 2024 President's Budget, $305 million was 
requested for additional non-intrusive inspection equipment and 
staffing at and between ports, as well as to expand outbound and 
processing to include the mail and express environments would enable 
CBP to do more to disrupt TCOs and interdict fentanyl and other drugs.

                                 ______
                                 

            Questions Submitted to Senator Dianne Feinstein
    Question. Secretary Mayorkas, in 2019, the Trump Administration 
finalized a new process for evaluating requests for FEMA Individual 
Assistance made by a governor. One of the new requirements was that 
FEMA take into account the ``total taxable resources'' of a State, a 
change that the California Governor's Office of Emergency Services 
(CalOES) immediately predicted would lead to a reduction in disaster 
aid for large States like California. Unfortunately, that prediction 
was all too accurate; although the 2021 Caldor Fire destroyed more 
homes than nine other disaster in 2021 combined (782 homes in total), 
California's requests for Individual Assistance were repeatedly denied. 
Although FEMA officials have noted that they are reviewing the 2019 
rule, to date, no announcements have been made or changes proposed.
    Secretary Mayorkas, what is the current status of FEMA's review of 
the 2019 Individual Assistance rule? Do you believe that all denials of 
requests for Individual Assistance since 2019 have been fair?
    Answer. On March 21, 2019, FEMA published the final rule ``Factors 
Considered When Evaluating a Governor's Request for Individual 
Assistance for a Major Disaster'' and accompanying implementation 
guidance, with an effective date of June 1, 2019. FEMA is currently 
evaluating potential changes to the implementation guidance and aims to 
publish revised guidance in early 2024.
    FEMA makes recommendations to the President based on its evaluation 
of the information submitted in the request and the circumstances of 
the event relative to the factors provided for in 44 C.F.R. 
Sec. 206.48. Since the rule went into effect on June 1, 2019, the 
President has authorized Individual Assistance in California under five 
major disaster declarations (not including the COVID-19 declaration) 
and denied two requests. In the 4 years prior to the rule change, 
California received five major disaster declarations including 
Individual Assistance and had one request denied.
    Question. The National Urban Search and Rescue Response System is a 
critical partnership between FEMA and State and local emergency 
response teams that supports a robust disaster response. These 28 teams 
are activated during manmade disasters like the 2021 collapse of 
Champlain Towers in Florida or natural disasters like hurricanes, 
wildfires, or the recent tornadoes in 10 States that tragically killed 
at least 32 people. Federal funding for this program, however, has not 
kept pace with inflation, leading to an effective cut of more than 17 
percent since 2013. These cuts put additional financial strain on the 
State and local governments that support these programs, and my staff 
have heard from several team leaders who have said that their teams 
could disappear entirely without additional Federal support.
    Secretary Mayorkas, why has FEMA requested flat funding for the 
Urban Search and Rescue program since Fiscal Year 2020? Has FEMA 
evaluated the financial burden that flat Federal funding has placed on 
its State and local partners?
    Answer. Based on a variety of competing interests, since Fiscal 
Year 2020 the funding for National Urban Search and Rescue program 
remains at $37.8 million. The current funding amounts, along with 
contributions from Sponsoring Agencies, provide for sufficient 
resources for the National Urban Search and Rescue Program to meet 
minimum operational capability of the system. The level of funding 
provided since fiscal Year 2020 has allowed the program to meet the 
minimum operational demands and requests for their expertise. The 
program successfully executes cooperative grants to ensure the maximum 
operational benefit to its sponsoring agencies within the current 
funding availability. This approach enables locally executed, federally 
supported teams to work in their communities daily and activate for 
Federal missions when required. However, as discussed during the March 
2023 briefing with the House and Senate Appropriations Committee--
Homeland Security subcommittee staffers on the National Urban Search 
and Rescue Program, the demand for these resources is increasing. The 
Sponsoring Agencies have identified funding gaps related to 
administration and management of the task forces, training, equipment 
and supplies, and maintenance and storage. FEMA continues to work 
within the President's Budget processes to maximize available funding 
to address State and local funding gaps to the greatest extent 
possible.
    FEMA has analyzed the financial challenges encountered by State and 
local sponsoring agencies. Based on this analysis, FEMA determined the 
$37.8 million requested in the President's Budget sufficiently 
resources the National Urban Search and Rescue Program. FEMA continues 
to work with our State and local partners to conduct detailed 
evaluations to determine funding needs.

                                 ______
                                 

               Questions Submitted to Senator Katie Britt
    Question. What are the Department of Homeland Security's official 
projections for the number of daily encounters for fiscal Year 2023?
    Answer. DHS produces enterprise-wide encounter projections of which 
the mean projection is used as the prediction when major policy changes 
are not anticipated. These projections are informed by encounter 
actuals through March 31, 2023. Using encounter actuals through April 
2023--to incorporate preliminary April encounter numbers obtained on 
the morning of May 1--and encounter projections for May-September 2023, 
DHS can provide encounter projections through the end of fiscal Year 
2023. This includes a projection of 2,441,424 encounters for fiscal 
Year 2023 (daily average of 6,689 encounters for the entire fiscal 
year, and a daily average of 7,195 encounters for May-September 2023).
    Under a moderately high encounter post-Title 42 scenario, DHS 
projects 2,655,213 encounters for fiscal Year 2023 (daily average of 
7,275 encounters for the entire fiscal year, and a daily average of 
8,593 encounters for May-September 2023).
    Under a high post-Title 42 encounter scenario, DHS projects 
2,860,464 encounters for fiscal Year 2023 (daily average of 7,837 
encounters for the entire fiscal year, and a daily average of 9,934 
encounters for May-September 2023).
    The Department will provide updated projections as they become 
available.
    Question. The Department was required to provide a briefing to the 
Committees by late February 2023 on how it intends to address the 
backlog of nearly 600,000 migrants who were released from CBP custody 
without a notice to appear. Why has this plan not been provided? When 
will it be provided?
    Answer. The Department recognizes the delay in providing the plan 
to address the backlog. To respond to the request, we undertook a 
cross-Component coordination with CBP and ICE to provide the most 
current and accurate information.
    Question. Please provide details by allowable cost on how the $150M 
appropriated to FEMA for the Emergency Food and Shelter--Humanitarian 
program was spent in fiscal Year 2023.
    Answer. In fiscal Year 2022, FEMA awarded the Emergency Food and 
Shelter Program (EFSP) National Board $150 million for humanitarian 
relief (EFSP-H) for families and individuals encountered by DHS (HR22). 
The National Board sub-awarded the majority of these funds by the end 
of fiscal Year 2022.
    In fiscal Year 2023, as directed by the Consolidated Appropriations 
Act, U.S. Customs and Border Protection (CBP) transferred $800 million 
to FEMA for sheltering and related activities in support of relieving 
overcrowding in CBP holding facilities. As of March 2023, FEMA had 
awarded a total of $425 million of the $800 million to the EFSP 
National Board (CR23 & HR23), who then disburses/awards the funding to 
nonprofit, faith-based, or governmental organizations. The National 
Board will complete awards for fiscal Year 2023 funding by the end of 
May.
    The fiscal Year 2023 Consolidated Appropriations Act also directed 
the establishment of a new Shelter and Services Program (SSP). EFSP-H 
will sunset when the SSP is established later this year.
    Funds provided by the EFSP National Board to organizations 
providing eligible services to families and individuals encountered by 
DHS may be used for five service categories:

  --Primary Services (e.g., food, shelter, per meal rate, per diem 
        shelter rate, per capita rate);

  --Secondary Services (e.g., health/medical services, per capita 
        rate);

  --Administrative Services (e.g., staff time, postage);

  --Equipment and Assets Services (e.g., necessary renovations to 
        agency-owned facilities such as bathrooms and showers); and

  --Transportation Services (e.g., taxi, bus, air, train).

    The EFSP National Board and its Secretariat and Fiscal Agent, 
United Way Worldwide (UWW), maintain records of all applications, 
recipients, and subawards approved by the National Board. Nearly all of 
the fiscal Year 2022 and 2023 funds were or will be sub-awarded by the 
National Board using the advanced funding model in which a fiscal agent 
is provided funds and then is responsible for reimbursing their 
subrecipients for eligible costs. Estimates for advanced funding 
requests were not required to be provided by service category. For 
HR22, limited data are available for reimbursements by service category 
or rate (see below). For fiscal Year 2023 (CR23 and HR23), the National 
Board will require more detailed final reports and after UWW reviews 
and reconciles them, FEMA may be able to provide further cost 
breakdowns by service category.
              hr22 reimbursement applications by category
Primary.................................................     $199,128.45
Per Meal Rate...........................................    1,534,074.00
Per Diem Shelter Rate...................................      229,900.00
Hotel/Motel.............................................      224,871.68
Secondary...............................................       20,212.15
Per Capita Rate (for primary and secondary services)....    1,111,845.00
Administrative..........................................    1,036,535.10
Equipment/Assets........................................       15,402.79
Transportation..........................................    1,814,152.05

    Question.When will TSA attain Full Operational Capability for 
screening technology/infrastructure? Does prioritizing Pay Equity 
investments delay Full Operational Capability and implementation of 
vital security infrastructure?
    Answer.Based on current funding levels, the Credential 
Authentication Technology (CAT) will achieve Full Operational 
Capability (FOC) of 3,585 CAT systems in fiscal year 2049 and 
Checkpoint Computed Tomography (Checkpoint Property Screening Systems) 
will achieve FOC of 2,263 systems by fiscal Year 2042.
    TSA's people are their most important asset. Investing in their 
people gives TSA the biggest gain for improving security outcomes. When 
security technology alarms, only a highly qualified and trained officer 
can resolve it. By ensuring competitive pay, TSA will retain a high-
quality workforce that is dedicated to the agency's mission of 
protecting the general public while traveling. TSA's top two priorities 
are Commit to Our People and Safeguard the Nation's Transportation 
System. TSA believes the agency best achieves these two top priorities 
by focusing on implementing pay fairness now. If TSA deviated from the 
balance achieved in the fiscal year 2024 Budget, the agency would risk 
negatively impacting the effectiveness of the top two priorities.
    Question.Please provide the actual costs in fiscal Year 2022 for 
laundry services for migrants at CBP Soft-Sided Facilities, CBP Central 
Processing Centers and ICE-owned detention facilities (Service 
Processing Centers).
    Answer.In Fiscal Year 2022, CBP's laundry services--to include 
equipment rental, electricity, detergent, staffing, and water--across 
all Soft Sided Facilities cost $34.3 million. In fiscal Year 2022, 
CBP's Central Processing Center laundry costs--to include staffing, 
equipment (washers and dryers), supplies (detergent, laundry bags, 
etc.), and utilities (electricity, water, water heater, wastewater 
removal, etc.)--were $4.78 million.
    In fiscal Year 2022, ICE's Service Processing Centers laundry 
costs--to include staffing, equipment (washers and dryers), supplies 
(detergent, laundry bags, etc.)--were $1.57 million.

                                 ______
                                 

            Questions Submitted by Senator Cindy Hyde-Smith
    Question. As you know, on March 15, 2022, President Biden signed 
into law the EB-5 Reform and Integrity Act of 2022 (``RIA''), Div. BB 
of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). The RIA 
amended INA 203(b)(5), reauthorizing and making long-overdue reforms to 
the EB-5 Regional Center Program. Among these reforms were numerous and 
substantial improvements to the Department's oversight of the EB-5 
program integrity, which Congress concluded were necessary to restore 
its core economic development and job-creation purposes while deterring 
fraud and abuse. Has the Department carefully considered the 
implications for program integrity if it were to initiate the process 
of altering the existing Federal regulation and current USCIS policy 
requiring alien investors to submit evidence that they ``sustained the 
investment period of the immigrant investor's resident in the United 
States'' as part of their petition to remove conditions on permanent 
resident status? See 8 C.F.R Sec. 216.6(c)(1)(iii) and USCIS Policy 
Manual, Vol. 6, Pt. G, Ch. 5 (Dec. 19, 2022).
    Specifically, has the Department analyzed whether limiting the 
duration of alien investments to only 2 years would undermine the RIA's 
integrity improvements by incentivizing projects with a short duration, 
which would have the effect of bringing riskier, more speculative 
projects to the market? If so, what did the Department conclude?
    Answer. DHS is currently considering issues relating to investment 
sustainment in its effort to implement the EB-5 Reform and Integrity 
Act of 2022. Importantly, the statute made changes that remove the 
requirement from INA 216A(d)(1) that an investment be sustained 
throughout an investor's period of residence in the United States and 
adds a new requirement to INA 203(b)(5)(A)(i) requiring that capital be 
expected to remain invested for ``not less than 2 years.'' DHS is 
diligently reviewing the impacts of the statute along with various 
proposals to implement the many provisions of the INA revised by the 
statute.
    The INA requires only minimum periods for how long an investment 
must be sustained or remain invested and does not provide an upward 
limit as to how long the capital can be retained before it may be 
returned to the investor. Therefore, there is no upward limit on how 
long the capital can be retained before it may be returned to the 
investor.

                          SUBCOMMITTEE RECESS

    Senator Murphy. [Whereupon, at 2:01 p.m., Wednesday, March 
29, the hearing was adjourned, and the subcommittee was 
recessed, to reconvene at a time subject to the call of the 
Chair.]