[Senate Hearing 118-297]
[From the U.S. Government Publishing Office]



                                                        S. Hrg. 118-297

                             OPEN HEARING:
                THE 2024 ANNUAL THREAT ASSESSMENT OF THE
                      U.S. INTELLIGENCE COMMUNITY

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                                HEARING

                               before the

                    SELECT COMMITTEE ON INTELLIGENCE

                                 OF THE

                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             SECOND SESSION
                               __________

                             MARCH 11, 2024
                               __________

      Printed for the use of the Select Committee on Intelligence






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                    SELECT COMMITTEE ON INTELLIGENCE

           [Established by S. Res. 400, 94th Cong. 2d Sess.]

                   MARK R. WARNER, Virginia, Chairman
                  MARCO RUBIO, Florida, Vice Chairman

RON WYDEN, Oregon                    JAMES E. RISCH, Idaho
MARTIN HEINRICH, New Mexico          SUSAN M. COLLINS, Maine
ANGUS S. KING, Jr., Maine            TOM COTTON, Arkansas
MICHAEL F. BENNET, Colorado          JOHN CORNYN, Texas
ROBERT P. CASEY, Jr., Pennsylvania   JERRY MORAN, Kansas
KIRSTEN E. GILLIBRAND, New York      JAMES LANKFORD, Oklahoma
JON OSSOFF, Georgia                  MIKE ROUNDS, South Dakota
MARK KELLY, Arizona

                CHARLES E. SCHUMER, New York, Ex Officio
                 MITCH McCONNELL, Kentucky, Ex Officio
                  JACK REED, Rhode Island, Ex Officio
                ROGER F. WICKER, Mississippi, Ex Officio
                
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                       William Wu, Staff Director
                  Brian Walsh, Minority Staff Director
                   Kelsey Stroud Bailey, Chief Clerk
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
                   
              
                   
                            C O N T E N T S

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                             MARCH 11, 2024
                             
                           OPENING STATEMENTS

                                                                   Page
Mark R. Warner, U.S. Senator from Virginia.......................     1
Marco Rubio, U.S. Senator from Florida...........................     4

                               WITNESSES

Avril D. Haines, Director of National Intelligence...............     7
    Prepared Statement...........................................    41
William J. Burns, Director, Central Intelligence Agency..........    18
Christopher A. Wray, Director, Federal Bureau of Investigation...    11
Brett M. Holmgren, Assistant Secretary for Intelligence and 
  Research, U.S. Department of State.............................    32
General Timothy D. Haugh, Director, National Security Agency/
  Chief, Central Security Service................................    33
Lieutenant General Jeffrey A. Kruse, Director, Defense 
  Intelligence Agency............................................    16

                        QUESTIONS FOR THE RECORD

Answers Submitted by Mr. Holmgren in Response to Senator Lankford    81

 
                             OPEN HEARING:
                   WORLDWIDE THREATS ASSESSMENT 2024

                              ----------                              

                         Monday, March 11, 2024

                                       U.S. Senate,
                          Select Committee on Intelligence,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:39 p.m., in 
Room SH-216 in the Hart Senate Office Building, in open 
session, the Honorable Mark R. Warner, Chairman of the 
Committee, presiding.
    Present: Senators Warner (presiding), Rubio, Wyden, 
Heinrich, King, Bennet, Casey, Gillibrand, Ossoff, Kelly, 
Risch, Collins, Cotton, Cornyn, Moran, Lankford, Rounds.

           OPENING STATEMENT OF HON. MARK R. WARNER,
                  A U.S. SENATOR FROM VIRGINIA

    Chairman Warner. Good afternoon. I'd like to call this 
hearing to order. And welcome to our witnesses: Director of 
National Intelligence, Avril Haines; CIA Director, Bill Burns; 
FBI Director, Chris Wray; Assistant Secretary for Intelligence 
and Research at the State Department, Brett Holmgren; Director 
of the National Security Agency, General Timothy Haugh; and 
Defense Intelligence Agency Director, Lieutenant General 
Jeffrey Kruse.
    Thank you for appearing today before the Senate 
Intelligence Committee's annual worldwide threats hearing. It 
is important for Congress and for the American people to hear 
directly from the leaders of our Intelligence Community about 
the threats and challenges facing the United States.
    I'd like to first acknowledge the women and men of the U.S. 
intel community. Most Americans will never see the work you do 
behind the scenes. But be assured that the Members of this 
Committee know its importance, and we thank you for what you do 
to keep America safe.
    The threat environment today is perhaps one of the most 
challenging we've seen in recent years. We see nations 
backsliding from democratic institutions. We see authoritarian 
systems seeking to impose their will upon neighbors while 
looking to undermine the international system that has been 
guarantor of security and stability since World War II. And we 
see the rise in competition around new technologies. We must 
ensure that our institutions, including the IC, evolve to meet 
these new challenges, which means, in my mind, redefining what 
we think of as national security.
    The IC was built to collect measures of hard power, how 
many ships, planes, and military personnel an adversary might 
have. But the nature of strategic competition today revolves as 
much around not only traditional military power, but around 
nontraditional tools and the ability to harness emerging dual-
use technologies. For example, advanced communication networks 
can provide ubiquitous connectivity but also ubiquitous 
surveillance. Artificial intelligence can accelerate software 
development but can also accelerate malicious cyber attacks or 
the spread of misinformation. Biotechnology advancements may 
lead one day to curing cancer or eliminating famine, but also 
may create new pathogens or even, as some have warned, 
genetically-engineered super soldiers. And access to rare earth 
minerals may help determine who shapes the energy future for 
the whole world.
    Compounding all of this, the nature of conflict 
increasingly allows adversaries to project power through 
asymmetrical means. For example, cyber attacks can disable 
critical infrastructure from thousands of miles away and are 
increasingly available to a widening array of actors. 
Inexpensive, unmanned systems, drones, can threaten 
multibillion dollar ships. We are now even seeing the 
possibility of foreign adversaries weaponizing space in ways 
that could be massively destructive not only to our national 
security, but to our way of life and useful tools such as GPS 
and satellite communications.
    Similarly, misinformation and disinformation are 
increasingly deployed cheaply by an array of adversarial 
actors. We all know that more than 60 countries, over half the 
world's population, will vote this year. And I am deeply 
concerned that democracy, including in the United States, is 
under greater threat than ever from these foreign adversaries. 
Bad actors like Russia are particularly incentivized to 
interfere, given what's at stake in Ukraine. Poll after poll 
increasingly demonstrates that Americans are distrustful of 
traditional sources of information, while AI provides the tools 
to spread sophisticated misinformation at an unprecedented 
speed and scale.
    Amidst these threats, our ability to respond has been 
hamstrung as recent litigation pending before the Supreme Court 
has had a chilling effect on the voluntary sharing of 
information related to foreign malign influence threats between 
U.S. government agencies and social media companies. So, today 
I would like each of our witnesses to report on how their 
agencies and the IC as a whole are prepared and poised to meet 
these technology-based challenges and what more needs to be 
done.
    Yet even with this new landscape, more traditional national 
security challenges remain. Terrorist groups still threaten our 
homeland. Over the last couple of years, we've seen 
authoritarian powers challenging democratic norms, undermining 
the international order, and intimidating their neighbors. The 
People's Republic of China under Xi Jinping has presented an 
unprecedented challenge, a techno-authoritarian behemoth whose 
economy is intertwined with our own, challenging democratic 
values, U.S. leadership, and global institutions, often using 
enormous government subsidies. China has used its substantial 
investment power to lead or attempt to dominate a range of key 
industries, whether it be telecommunications and Huawei, social 
media and TikTok, or genomics and BGI.
    Another authoritarian adversary, Russia under Putin, has 
continued its brutal invasion of Ukraine, illegally using 
military forces to seize territory. Ukrainians have bravely 
been fending off the Russian military for over two years, 
supported by partners around the world. The Russian military 
has suffered severe losses of men and equipment. The fact is 
that close to 87 percent of Russia's pre-war ground forces have 
been taken out of the conflict by either being killed or 
wounded. And now, as a result of his aggression, Putin faces 
what he has always feared, a NATO more united than ever.
    That said, this war is in a critical phase, with a serious 
imbalance of equipment. And my fear is the decision thus far by 
the House of Representatives not to even take up legislation 
that would support Ukraine in their fight against Putin's 
aggression has been one of the most shortsighted decisions on a 
national security issue that I can possibly imagine. Without 
this assistance, Ukrainian defenses will be disastrously 
undermined, as well as global confidence in America's resolve 
will be undermined. And that will be the case whether it comes 
from Putin in Europe or the PRC in Taiwan.
    And as we convene this hearing, we also face continued 
instability in the Middle East. The horrific terrorist attacks 
against Israel's civilians by Hamas on October 7th have been 
followed by an incursion by Israel that has cost an estimated 
30,000 Palestinians their lives. And while Iran and its key 
partners such as Hezbollah appear to be deterred from widening 
the conflict for now, other Iranian proxies such as the Houthis 
in Yemen and Iraqi Shia militias have attempted to expand their 
conflict and drag in our country.
    At the same time, Israel's war against Hamas has shown the 
difficulty of using military force alone to eradicate a non-
state actor embedded in a civilian population, especially one 
that has been so adept at using underground tunnels.
    And I worry that Prime Minister Netanyahu's conduct in the 
war threatens to undermine support for Israel in the long term, 
including in the United States. This international support has 
been key to Israel's security. And as a longtime friend of 
Israel, this is of great concern to me for even Israel's 
support in the United States.
    In addition, we convene this timely hearing as Congress 
faces a pressing deadline on a key national security program. 
Section 702 of the Foreign Intelligence Surveillance Act 
provides unique and critical foreign intelligence necessary to 
protect our national security, enabling the IC to prevent and 
thwart terrorist attacks, track foreign spies, uncover economic 
espionage, protect U.S. troops, expose human and drug 
trafficking, and disrupt foreign cyber attacks. Allowing this 
program to lapse would critically damage our national security.
    In closing, we face an increasing array of diversity of 
challenges, but we also have an opportunity to reinvigorate 
America's democratic values in the face of autocracies like 
China and Russia. We cannot take for granted either democracy 
or the international system that has kept Americans safe for 
decades. Maintaining both requires leadership, conviction, and 
sacrifice.
    With that, let me now turn to the Vice Chairman.

             OPENING STATEMENT OF HON. MARCO RUBIO,
                  A U.S. SENATOR FROM FLORIDA

    Vice Chairman Rubio. Thank you, Mr. Chairman. Thank you all 
for coming here today.
    And I also extend my thanks to the men and women who work 
underneath you that do the important work of keeping our 
country safe at what I think you could describe as one of those 
pivot moments in history, where what life will be like for a 
generation is being determined by what's happening now and in 
the near future, while events are changing perhaps faster than 
any other time in human history.
    I think we have to remind ourselves, if we're going to talk 
about the specific threats, the whats of the why, the bigger 
outline picture of why things are happening the way they are 
happening, because I do think that they are all interrelated. 
So, from the end of the Cold War, I don't know when the end 
date is, but let's say the late 2000s, we lived in a unipolar 
world. The United States was basically the only country in the 
world that could project power everywhere at every time. And we 
were called upon to do many things in regards to that. But 
other nation-states progressed during that stage. And I still 
think America by far, by every measure you can imagine, 
economically, culturally, militarily remains the world's 
strongest nation and should remain that way for the foreseeable 
future, if we make the right choices.
    That order that I just described is being challenged. It's 
being challenged by nation-states that, frankly, don't like the 
way the world looks now. At least, they think it benefits 
America and it hurts them, and they want to remake a new world, 
perhaps even replace the world that they think is beneficial to 
America and our democratic allies with an alternative, if not 
at least a replacement--this new order that they seek.
    The Chinese, they believe we're in inevitable decline and 
that their rise is inevitable as well. Like I said, they don't 
like the rules of the world as they believe were written by 
America and our allies, and so they increasingly are taking it 
upon themselves at every opportunity to challenge them. In 
every domain, they steal our ideas on innovation and so forth 
so that their companies can do the things that we do, but of 
course do it cheaper and flood markets with those products.
    I don't need to tell this panel or the Members of this 
Committee and the general public that they're expanding their 
military capabilities in an extraordinary way, to include not 
simply projecting power in the Indo-Pacific but around the 
world. By the way, they manipulate loopholes in our laws and in 
our systems in this country to buy up land, buy up companies, 
gain strategic advantage in industries, and undermine our 
industries in return. They are a major part of flooding this 
country with deadly drugs that are destroying communities and 
ravaging entire families. And they've also gotten very good at 
hiring lobbyists and even deputizing the corporate industry, 
corporate America to come up here and lobby us for things that 
are beneficial to the Chinese goals at the expense of this 
country long term.
    And I think it's important to mention here today they also 
happen to control--and anybody who says they don't, doesn't 
know what they're talking about, because every company in China 
is controlled by the Chinese Communist Party--they happen to 
control a company that owns the one of the world's best 
artificial intelligence algorithms. It's the one that's used in 
this country by TikTok, and it uses the data of Americans to 
basically read your mind and predict what videos you want to 
see. The reason why TikTok is so successful, the reason why 
it's so attractive, is because it knows you better than you 
know yourself. And the more you use it, the more it learns. The 
problem is not TikTok or the videos. The problem is that the 
algorithm that powers it is controlled by a company in China 
that must do whatever the Chinese Communist Party tells them to 
do. And the only way that that algorithm works is if that 
company in China, under the control of the Chinese government, 
is given access to the data that TikTok collects. TikTok does 
not work without that algorithm, and that algorithm is 
controlled by a company that's controlled by the Chinese 
Communist Party under the law of China.
    In the case of Putin, he actually sees America as decadent 
and in decline, and he views Russia as resilient. They view 
themselves as a great power, and he believes that great powers 
have a right to buffer-states. He believes that great powers 
have a right not just to have their own borders, but to control 
the countries around their borders as buffer-states. I think 
they already have that in Belarus in his mind, and it is one of 
the reasons why he invaded Ukraine.
    In the case of Iran, they want to export their Shia Islamic 
revolution to the entire Middle East. And the problem with this 
is two things standing in their way: the state of Israel and 
the United States of America. And so that is why they have 
proxy groups in places like Syria, in Iraq, in Lebanon, in 
Yemen, in Gaza, who they use for their purposes. One of their 
purposes is to use these groups now to attack Americans so that 
we will say it's not worth the trouble, we need to get out of 
there.
    And once we leave, then they'll move on Jordan and on 
Bahrain, then they'll make Israel an unlivable place. And 
ultimately, their ambitions are the entire region and most of 
the Gulf kingdoms. That's why I think it's a mistake to view 
the horrific events of October 7th as simply the latest 
iteration of a longstanding Israeli-Palestinian problem. It is 
deeply tied to the head of this snake, and the head of this 
snake is in Iran and in Tehran.
    Add to all of these three countries North Korea. We haven't 
heard a lot about it yet. They have become increasingly 
aggressive. In fact, I would argue that we perhaps are closer 
to some armed hostilities than we've been in a decade or 
longer. Why? Why have they become so aggressive? They feel 
empowered. They feel empowered because Putin is buying things 
from them and helping them to break their international 
isolation, and also because--I don't know what percentage of 
their economy is powered by ransomware attacks and cyber 
hacking, but it's substantial. They generate a lot of money 
from that.
    And then add to all these parades of horribles the fact 
that terror is still a threat. Iran, as has been publicly 
reported, is still trying to kill former government officials 
that live in the United States of America. There are former 
government officials in this country no longer in office who 
require 24 hours a day security because Iran is trying to kill 
them inside the United States. Hezbollah, an agent of Iran, is 
also looking for ways to conduct terrorist attacks against 
American interests and Israeli and Jewish interests all over 
the world and here in the homeland as well. By the way, ISIS 
and al-Qaeda are not out of business. They are still involved. 
I'll add al-Shabab to that. They also want to kill Americans. 
If they could do it in the homeland, they would love that. And 
all of that happening at a time in which perhaps the single 
largest, most eventful migration corridor in history is 
operating right off of our border.
    So, I think it's a mistake sometimes to divide all of these 
problems geographically because in some ways they're all 
interrelated in key ways. Yes, these individual states all have 
different ambitions, but they share a common goal, and the 
common goal is a world friendlier and better for them and their 
interests, and a world in which America is weakened and less 
able to act. And all of these crises begin to interlock in a 
way that help them. For example, the Chinese and the Russians 
probably see great benefit--no, not probably--they do see great 
benefit from what's happening in the Middle East, because they 
figure every dollar and every second of our attention that's 
paid there, we're not paying to what's happening with Ukraine 
and we're not paying to the Indo-Pacific. The Chinese see great 
benefit in Ukraine as well, because they view it as the more 
time and money we spend there, the less time and money and 
focus we have on them.
    In fact, one of the things I know the Chinese hope for is 
one of two things: (A) we deplete ourselves in Ukraine and/or 
the Middle East, particularly Ukraine; or (B), we cut and run, 
and then they can go around the world and say: See, I told you 
America's weak; I told you America's unreliable. They have a 
plan for either outcome, which makes it challenging for us as 
we decide what to do here.
    So, these things all come together, and I think that's 
really the overarching threat that we face, is an understanding 
that none of these should be viewed in isolation. The goals 
that Russia has, the goals that Iran has, the goals that North 
Korea has, the goals that the Chinese have may be different 
goals. But one of the real developments that threatens the 
security of our country is that they are increasingly 
partnering with one another--not a NATO alliance, not the sort 
of formal alliance that's written out. But they are 
increasingly partnering with each other, that's on selected 
topics and in selected opportunities, because they all share 
one goal. And that is they want to weaken America, weaken our 
alliances, weaken our standing and our capability and our will, 
because it helps them to achieve the world as they envision it, 
the world they want. But it comes at our expense and at the 
expense of all it's been built over the last 20 or 30 years.
    I think that one of the greatest dangers we face is the 
inability to see how all these things are interconnected. And I 
think one of the greatest challenges we face is to deal with 
them as if they are interconnected. I think that what life will 
be like on this planet for the next generation will be 
determined very much by what we do or fail to do here over the 
next two to three years, and certainly with the issues that are 
before us today.
    So, I look forward to hearing from all of you, and I 
appreciate you coming.
    Chairman Warner. Thank you, Senator Rubio. Director Haines, 
I believe you're up first.

                 STATEMENT OF AVRIL D. HAINES,
               DIRECTOR OF NATIONAL INTELLIGENCE

    Director Haines. Thank you very much.
    Chairman Warner, Vice Chairman Rubio, Members of the 
Committee, thank you so much for the opportunity to be here 
today alongside my wonderful colleagues to present the IC's 
annual threat assessment.
    And before I start, I also want to thank publicly the 
people of the Intelligence Community. From the collector to the 
analyst and everybody in between, we're really presenting the 
result of their labor at this hearing. And they work tirelessly 
every day to keep our country safe and prosperous, and we are 
all very proud to represent them here today.
    I also want to take the opportunity to thank all of you for 
the extraordinary support that you've shown to the Intelligence 
Community. The ICs relationship with its oversight committees 
is quite obviously critically important. And you all work with 
us on a bipartisan basis, and that is especially inspiring in 
today's environment. We're grateful for your encouragement and 
for your wisdom.
    Today the United States faces an increasingly complex and 
interconnected threat, as has been noted by the Chairman and 
Vice Chairman, environment characterized by really three 
categories of challenges. The first is an accelerating 
strategic competition with major authoritarian powers that are 
actively working to undermine the rules-based order and the 
open international system the United States and our partners 
rely on for trade, commerce, the free flow of information, and 
accountability to the truth.
    [Interruption from a member of the public.]
    Chairman Warner. I recognize people feel passionately, but 
the American people deserve to hear from the leaders of the 
Intelligence Community.
    Director Haines, continue.
    Director Haines. The second category is a set of more 
intense and unpredictable transnational challenges, such as 
climate change, corruption, narcotics trafficking, health 
security, terrorism, and cybercrime that often interact with 
traditional state-based political, economic, and security 
challenges.
    And the third category is regional and localized conflicts 
that have far-reaching and at times cascading implications, not 
only for neighboring countries but also for the world.
    And all three challenges are affected by trends in new and 
emerging technologies, environmental changes, and economic 
strain that are stoking instability and making it that much 
more challenging for us to forecast developments and their 
implications. These dynamics are putting unprecedented burdens 
on the institutions and the relationships that the United 
States relies on to manage such challenges, and perhaps more 
than ever, frankly, highlight the need for sustained U.S. 
leadership to uphold the rules-based order.
    And I'll just touch on these three categories of 
challenges, starting with strategic competition in China, in an 
effort to provide some context and highlight some of the 
intersections.
    President Xi continues to envision China as a leading power 
on the world stage, and Chinese leaders believe it is essential 
to project power globally in order to be able to resist U.S. 
pressure, for they are convinced that the United States will 
not tolerate a powerful China. Nevertheless, the PRC seeks to 
ensure China can maintain positive ties to the United States 
and will likely continue to do so this year, as they see 
stability in our relationship as important to their capacity to 
attract foreign direct investment. Boosting the domestic 
economy is a fundamental priority for President Xi, yet he 
appears to be doubling down on a long-term growth strategy that 
will deepen public and investor pessimism over the near-term. 
With youth unemployment around 14.9 percent, no major stimulus 
aimed at consumption, forthcoming massive local debts, and a 
property market contraction, 2024 is likely to be another 
difficult year for China's economy, all against the backdrop of 
an aging and shrinking population and slowing economic growth.
    President Xi is counting on China's investments in 
technology, such as advanced manufacturing and robotics, 
artificial intelligence, high performance computing to drive 
productivity gains and spur future growth. Yet, he is 
increasingly concerned about the United States ability to 
interfere with China's technological goals. Consequently, in an 
effort to protect and promote China's capacity to compete 
technologically, which President Xi views as fundamental to his 
long-term growth strategy, PRC leaders modified their approach 
to economic retaliation against the United States over the last 
year, imposing at least some tangible costs on U.S. firms, even 
as they continue to moderate such actions to avoid domestic 
costs.
    Chinese leadership is furthermore pursuing a strategy to 
boost China's indigenous innovation and technological self-
reliance; expand their efforts to acquire, steal, or compel the 
production of intellectual property and capabilities from 
others, including the United States; and continue to engage in 
coercive behavior to control critical global supply chains of 
relevance. In the meantime, President Xi's emphasis on control 
and central oversight is unlikely to solve the challenges posed 
by China's economic and endemic corruption, demographic 
decline, and structural economic constraints. And over the 
coming year, tension between these challenges and China's 
aspirations for greater geopolitical power will probably become 
all the more apparent.
    Given its ambitions, Beijing will continue to use its 
military forces to intimidate its neighbors and to shape the 
region's actions in accordance with the PRC's priorities. We 
expect the PLA will field more advanced platforms, deploy new 
technologies, and grow more competent in joint operations, with 
a particular focus on Taiwan and the western Pacific.
    And the role intended for China's growing nuclear forces 
and cyber capabilities in this effort and the ultimate intent 
behind unprecedented growth in these areas remain a priority 
for us in the IC, and they are not unrelated to actions of 
Russia.
    President Putin's war of aggression against Ukraine 
continues unabated. Ukraine's retreat from Malvika and their 
struggle to stave off further territorial losses in the past 
few weeks have exposed the erosion of Ukraine's military 
capabilities with the declining availability of external 
military aid. The assistance that is contemplated in the 
Supplemental is absolutely critical to Ukraine's defense right 
now. And without that assistance, it is hard to imagine how 
Ukraine will be able to maintain the extremely hard-fought 
advances it has made against the Russians, especially given the 
sustained surge in Russian ammunition production and purchases 
from North Korea and Iran.
    And meanwhile, President Putin is increasing defense 
spending in Russia, reversing his long-standing reluctance to 
devote a high percentage of GDP to the military as he looks to 
rebuild. In many ways, this is prompted by the fact that Russia 
has paid an enormous price for the war in Ukraine. Not only has 
Russia suffered more military losses than in any time since 
World War II--roughly 300,000 casualties and thousands of tanks 
and armored combat vehicles, setting them back years--it has 
also precipitated Finland and Sweden's membership in NATO, 
which Putin believes requires an expansion of Russia's ground 
forces.
    Putin continues to judge the time is on his side and almost 
certainly assumes that a larger, better equipped military will 
also serve the purpose of driving that point home to Western 
audiences. Such messaging is important because Putin's 
strategic goals remain unchanged. He continues to see NATO 
enlargement and Western support to Ukraine as reinforcing his 
long held belief that the United States and Europe seek to 
restrict Russian power and undermine him.
    And of course, in the meantime, Russia continues to 
modernize and fortify its nuclear weapons capabilities, even 
though it maintains the largest and most diverse nuclear 
weapons stockpile. We remain concerned that Moscow will put at 
risk longstanding global norms against the use of asymmetric or 
strategically destabilizing weapons, including in space and in 
the cyber domain.
    Another critical intersection we are monitoring is the 
relationship, as the Vice Chairman noted, between the 
governments of Russia, China, North Korea, and Iran, which is 
evolving as these four countries expand collaboration through a 
web of bilateral and in some cases trilateral arrangements. 
This growing cooperation and willingness to exchange aid in 
military, economic, political, and intelligence matters 
enhances their individual capabilities, enables them to 
cooperate on competitive actions, assist them to further 
undermine the rules-based order, and gives them each some 
insulation from external international pressure.
    And nevertheless, we assess these relationships will remain 
far short of formal alliances or a multilateral access. 
Parochial interest, desire to avoid entanglements, and wariness 
of harm and instability from each other's actions will likely 
limit their cooperation and ensure it advances incrementally, 
absent direct conflict between one of these countries and the 
United States. And nevertheless, the power dynamics are 
shifting among them, and this is creating new challenges. In 
particular, Russia's need for support in the context of Ukraine 
has forced it to grant some long-sought concessions to China, 
North Korea and Iran, with the potential to undermine, among 
other things, long-held nonproliferation norms.
    As I noted in the beginning, intensifying transnational 
challenges are intersecting with these more traditional 
threats. For example, with the advent of generative AI, states 
and non-state actors who are interested in conducting foreign 
malign influence operations no longer need to master a language 
to create potentially believable false content. The threat of 
malign actors exploiting these tools and technologies to 
undercut U.S. interests in democracy is particularly potent as 
voters go to the poll in more than 60 elections around the 
globe this year, as the Chairman noted.
    We have also seen a massive increase in the number of 
ransomware attacks globally, which went up roughly 74 percent 
in 2023 from what it was in 2022, and U.S. entities were the 
most heavily targeted. Many of these are conducted by non-state 
actors with the Russia-based cybercriminal group LockBit 
remaining the most popular ransomware as a service provider. 
LockBit was responsible for nearly a quarter of all claimed 
attacks worldwide, leading to a joint effort by 11 countries to 
seize its resources and take down its online domains.
    Transnational criminal organizations and human smuggling 
operations increasingly exploit migrants through extortion, 
kidnaping, and human trafficking. And in particular, the threat 
from illicit drugs remains at historic levels, with Mexican 
transnational criminal organizations supplying and moving large 
amounts of synthetic opioids such as fentanyl into the United 
States. More than 100,000 Americans have died from drug related 
overdoses during the past year and most of those deaths have 
been attributed to illicit fentanyl. And as such, the threat 
from fentanyl and other synthetic drugs to the health and 
welfare of everyday Americans remains a top priority for the 
Intelligence Community.
    In the third category, we have multiple regional conflicts 
with far-reaching implications, perhaps nowhere more obviously 
than in the Middle East. This crisis in Gaza is a stark example 
of how regional developments have the potential for broader and 
even global implications. Now having lasted for more than five 
months, the Gaza conflict has roiled the Middle East with 
renewed instability, presenting new security paradigms and 
humanitarian challenges while pulling in a range of actors.
    The conflict has prompted new dynamics even as it has 
entrenched old ones. We continue to assess that Hezbollah and 
Iran do not want to cause an escalation of the conflict that 
pulls us or them into a full-out war, yet the Houthis entered 
the war and were willing to do so without Iran acting first, 
becoming one of the most aggressive actors in the conflict: the 
Iranian-aligned militia groups in Iraq and Syria that have been 
attacking our forces and have been more focused on the United 
States and Israel, using the conflict as an opportunity to 
pursue their own agenda.
    Moreover, the crisis has galvanized violence by a range of 
actors around the world. And while it is too early to tell, it 
is likely that the Gaza conflict will have a generational 
impact on terrorism. Both al-Qaeda and ISIS inspired by Hamas 
have directed supporters to conduct attacks against Israeli and 
U.S. interests. And we have seen how it is inspiring 
individuals to conduct acts of anti-Semitism and Islamophobic 
terror worldwide. In this third category of regional and 
localized conflicts, we have many more we might discuss, 
including Haiti and Sudan and what is happening in the Eastern 
Democratic Republic of Congo--and the list goes on.
    And this finally brings me to 702 of the Foreign 
Intelligence Surveillance Act, which will expire on April 19th 
without Congressional action. The intelligence gathered 
pursuant to Section 702 was essential in preparing this annual 
threat assessment and is absolutely fundamental to every aspect 
of our work, as I know you know. 702 provides unique insights 
into foreign intelligence targets such as foreign adversaries, 
terrorist organizations including Hamas, weapons proliferators, 
spies, malicious cyber actors, and fentanyl traffickers. And it 
does so at a speed and reliability that we simply cannot 
replace with any other authority. And as Congress pursues 
reauthorization, we understand there will be reforms and we 
support those that bolster the compliance and oversight regimes 
in place, while preserving the operational agility that is 
vital to keeping the Nation safe.
    Thank you for your patience and we look forward to your 
questions.
    Chairman Warner. Thank you, Director Haines. I appreciate 
it.
    I know we don't normally do these on Monday. I appreciate 
everybody coming in. We will be conducting a closed session 
after this open session, so Members should hold any questions 
of a classified nature until after that. And after the chair 
and vice chair go through our first round of questions, we'll 
then recognize Members in rounds of five minutes, all based on 
seniority.
    Director Haines, I want to start with where you ended up on 
702. This critical component of both law enforcement and the 
Intelligence Community expires on April 19th. Congress needs to 
act. Sixty percent of all the information that goes into the 
President's Daily Brief is derived from 702 information. 
Foreigner talking to foreigner in terms of bad guys.
    One of the things that the Vice Chairman and I are very 
proud of is we worked very hard on a reform of Section 702 that 
we introduced last year, including 16 co-sponsors. A great 
number of Members of this Committee are part of that reform 
effort that, again, looked at trying to make sure where there 
had been perhaps overzealous use at the FBI in terms of who was 
querying, how things were queried, have been dramatically 
constrained.
    Director Wray, I want to start my question, though, with 
you. Some have actually said, though, that where we didn't go 
far enough, and they would propose a reform that would require 
agencies to seek a warrant before conducting U.S. person 
queries. Could you explain what would happen on a practical 
level, both from the IC side and the law enforcement side, if 
that requirement was put in place?
    Director Wray. Thank you, Mr. Chairman.
    I think the short answer is a warrant requirement for us to 
run U.S. person queries would be untenable and would largely 
gut the effectiveness of the authority. And I say that for 
several reasons.
    First, it would blind us to information already lawfully in 
our possession that we need to be able to review and act on in 
a very time-sensitive way to be able to stop terrorist attacks, 
protect a victim from cyber-attack, warn somebody who is 
potentially targeted with assassination or kidnaping.
    Second, in many instances, at the time that the query would 
be run, we wouldn't have the probable cause that the query term 
is associated with an agent of a foreign power. That's what the 
query tells; and so, you got that problem. And then the third 
problem is that an awful lot of the places that we're using 702 
queries are to assist victims and to prevent potential victims 
from further attacks, whether terrorist attacks, cyberattacks, 
etc. And so, in those instances, you'd never be able to get a 
warrant requirement, even if there were some kind of delay 
built into it. That alone, for all these threats which are 
extremely time sensitive, I think the DNI correctly used the 
term agility. That is the key.
    And so, I would implore Congress not to take that 
additional step. You mentioned the compliance failures. I've 
been very clear that the compliance failures that occurred at 
the FBI are wholly unacceptable, and that's why I've put in 
place a whole host of reforms, covering everything from 
training to our systems, approvals, oversight, an Office of 
Internal Audit. I could go on and on. And those reforms are 
working. The FISA court itself most recently found 98 percent 
compliance and commented on the reforms working. The most 
recent Justice Department report found the reforms working, 99 
percent compliance. And so, I think legislation that ensures 
those reforms stay in place but also preserves the agility and 
the utility of the tools, what we need to be able to protect 
the American people.
    Chairman Warner. Well, I appreciate that. And I do think, 
our reform bill had the notion of trust-but-verify so that we 
would literally legislate the reforms that had been put in 
place, add a few others, add some of the additional amicus 
provisions. One of the things I think that has been discovered, 
that the majority of the queries that involve Americans are 
actually on victim notification. The very notion of having a 
warrant to have a victim notification is contradictory in 
itself. I want to raise another issue that I think has been 
appropriately raised, and this is the question around bulk 
purchase of personal data. I think we need to go much further 
on data protection, and I think that has been a failure of this 
Congress to address in its past.
    Director Haines, I know you've done a study on this. And my 
fear is that some of the proposed reforms would actually not 
limit foreign entities from obtaining this data but would limit 
law enforcement. Can you talk to the question of bulk data 
purchases and data brokers?
    Director Haines. Absolutely. From our perspective, 
commercially-available information, as we think about the 
entire set of what's out there and what's been discussed in 
Congress in relation to this, is just increasingly critical to 
the Intelligence Community's work. And I think an obvious 
example of this is commercial imagery and the role that it 
played, for example, in the context of the invasion of Ukraine. 
But there's a whole series of other areas where we're 
purchasing information, such as commercial threat information 
that's related to cyber security and things like that.
    And at the same time, we recognize that commercially-
available information raises new and important issues related 
to privacy and civil liberties. And this is in large part true 
because more of our daily lives are connected digitally to the 
world today than ever before. And an increasing amount of data 
about individuals and their activities, often perceived as not 
especially sensitive on its own, is actually available for sale 
alongside increasingly sophisticated analytic tools that 
essentially, relying on artificial intelligence, can actually 
in aggregate raise significant privacy and civil liberties 
issues that are relevant, which is why we basically said, look, 
we recognize this is something that is of concern, and we want 
to make sure that we're actually addressing this issue 
appropriately and responsibly within the Intelligence 
Community.
    So, we had a panel, an external panel, look at this 
question and really asked them how and under what circumstances 
should we use commercially-available information, and in 
particular to reflect on the existing framework for privacy and 
civil liberties. We've published that report. And in fact, 
Senator Wyden asked us to, and as a consequence, put that out. 
And as an Intelligence Community in our EXCOM, as we call it, 
all the heads together, agreed that we thought those 
recommendations made sense. And we have issued IC guidance 
basically for cataloging commercially-available information 
acquired by IC elements to ensure that our handling of such 
information is consistent with relevant legal policy-security 
considerations to facilitate oversight. And we've developed a 
framework that augments each ICs elements attorney general 
guidelines and related policies with general principles and 
additional guidance on how IC elements should access, collect, 
process commercially available information, including more 
precise guidance for identifying and dealing with categories of 
information that pose a greater risk of implicating privacy and 
civil liberties concerns.
    And finally, as the panel recommended also, the framework 
sets out standards and procedures that govern and require 
periodic reevaluation and acquisition and use decisions. And I 
think the challenge that is posed by some of the legislative 
proposals that I've seen require, for example, a probable cause 
requirement before you can obtain that information. Similarly, 
we are not going to have in the scenario of, for example, 
getting cyber-threat information commercially, a probable cause 
reason for getting that. What we're trying to do is understand 
what the vulnerabilities are. And then what we recognize is 
that whatever the commercial information is that we're 
obtaining, we need to treat it in a way that actually mitigates 
against the risks that have been described.
    Chairman Warner. Thank you. Senator Rubio.
    Vice Chairman Rubio. Director Wray, we know that over the 
last three years millions of people crossed the U.S. border 
illegally, and many have been released into the country. Have 
members or people with ties to dangerous gangs like, for 
example, the prison gang Tren de Aragua from Venezuela, were 
they among the people that came into this country?
    Director Wray. Well, I don't know that I can speak to this 
specific gang. But certainly, we have had dangerous individuals 
enter the United States of a variety of sorts.
    Vice Chairman Rubio. Are we now seeing crimes from people 
that entered the country over the last three years, some of 
them with ties to gangs or other criminal organizations?
    Director Wray. Well, I guess what I would say is this. From 
an FBI perspective, we are seeing a wide array of very 
dangerous threats that emanate from the border, and that 
includes everything from drug trafficking. The FBI alone seized 
enough fentanyl in the last two years to kill 270 million 
people. That's just on the fentanyl side. An awful lot of the 
violent crime in the United States is at the hands of gangs who 
are themselves involved in the distribution of that fentanyl.
    Vice Chairman Rubio. But you're also seeing and tracking 
local law enforcement arresting and, for example, the assault 
on the police officers in New York. All the reporting said they 
had ties to this gang in particular. But there's no doubt that 
people that were criminals in their country of origin have 
crossed that border and are now in the U.S. committing crimes.
    Director Wray. Correct.
    Vice Chairman Rubio. Is there now a black market emerging 
to sell? We've seen reports of a black market emerging selling 
fake Social Security cards, fake green cards. Have you seen 
reporting on that?
    Director Wray. Well, certainly on the Darknet, for example, 
there is a significant marketplace for different kinds of 
stolen identity information.
    Vice Chairman Rubio. What about in the street?
    Director Wray. I think as well, yeah.
    Vice Chairman Rubio. Okay. There are smuggling networks all 
over the world that specialize in moving people from all over 
the world, including from the Middle East, Central Asia, and so 
forth. Are we aware of any of these smuggling organizations are 
run by are conducted by people that have ties, for example, to 
ISIS or other terrorist organizations?
    Director Wray. So, I want to be a little bit careful how 
far I can go in open session. But there is a particular network 
where some of the overseas facilitators of the smuggling 
network have ISIS ties that we're very concerned about, and 
that we've been spending enormous amount of effort with our 
partners investigating exactly what that network is up to. It's 
something that's, again, the subject of our current 
investigation.
    Vice Chairman Rubio. So, there's a network we're concerned 
about that has facilitators involved in it that have ties to 
ISIS or other terrorist organizations?
    Director Wray. Correct.
    Vice Chairman Rubio. I talked about TikTok in the opening. 
Just to lay the groundwork here, TikTok is this American--
TikTok US, American company, or headquartered putatively in 
America--and they have this platform which is fascinating, 
right? It's very effective, very good, has a lot of members. 
One of the things that powers it is that it is powered by an 
algorithm based on artificial intelligence where the more you 
use it, the more it learns about you. It in essence reads your 
mind. It knows the kinds of videos you like, and it feeds you 
more and more of them, causing you to go back. That algorithm 
is not owned by TikTok. It's owned by ByteDance, a Chinese 
company, correct?
    Director Wray. That's my understanding.
    Vice Chairman Rubio. And so, the only way that algorithm 
works is if that Chinese company has access to the data being 
generated by TikTok. The owner of the algorithm, ByteDance, has 
to have access. So, it doesn't matter where the data is stored. 
Ultimately, they have to have access to it in order to make the 
algorithm work, correct?
    Director Wray. Right. I think what you're getting to is the 
key point: that the parent company is, for all intents and 
purposes, beholden to the CCP.
    Vice Chairman Rubio. Well, the reason why I raised that is 
if ByteDance in China is the one that owns the driver that 
makes TikTok effective, isn't it true that under Chinese law, 
the Chinese Communist Party says that data that you're gaining 
access to in order to make your algorithm work, we want a copy 
of that data. If they said that to ByteDance in the future, 
ByteDance would have to give it to them.
    Director Wray. That's my understanding.
    Vice Chairman Rubio. And if they went to them and said we 
want you to change your algorithms so that Americans start 
seeing videos that hurt this candidate or help that candidate 
in the upcoming election, ByteDance would have to do that under 
Chinese law.
    Director Wray. That's my understanding.
    Vice Chairman Rubio. And if they said we want you to put 
out videos that make Americans fight with each other or spread 
conspiracy theories and get them at each other's throat, 
ByteDance can't go to Chinese court and fight the Communist 
Party. They would have to do it.
    Director Wray. That's my understanding. And I would just 
add that that kind of influence operation, or the different 
kinds of influence operations you're describing, are 
extraordinarily difficult to detect, which is part of what 
makes the national security concerns represented by TikTok so 
significant.
    Vice Chairman Rubio. All right. Thank you.
    Senator Wyden. Thank you very much, Mr. Chairman, and my 
thanks to all of you and of course the people you work with 
every day.
    I'm going to start with this issue of government purchases 
of Americans' data. And former acting CIA Director Mike Morrell 
presents something of a different view on this. He has said 
that the amount of the information available for the government 
to buy would, quote, knock your socks off. And if it were 
collected through normal intelligence methods, it would be top 
secret information kept under lock and key.
    I believe Mr. Morrell is right. It is the Wild West out 
there in terms of sensitive information on Americans, and the 
government can buy it up. Unlike normal intelligence 
collection, there are apparently virtually no rules here. To 
take one public example, I want to go to you, General Kruse, 
not to be going after you especially. But you said that the 
Defense Intelligence Agency has acknowledged it obtains and 
purchases actual U.S. location data. So, my question for you 
and any other Members who would like to add to it, are there 
any Constitutional or statutory limits on your agency's 
purchasing of the location information of Americans? 
Constitutional or statutory limits, any?
    General Kruse. Thank you for the question, Senator Wyden. I 
would say, yes, there are absolute and very clear guidelines 
for all of us. And when we purchase the bulk data, the first 
thing we do is we exclude all of the data that is within U.S. 
territory and is on U.S. citizens as the very first step. Our 
teams have been here with the Congress talking through our 
attorney general guidelines, have been speaking with the 
concerns that you and others have voiced to us. I think we have 
built the processes around our purchasing of commercial data 
and use of commercial in partnership with----
    Senator Wyden. Respectfully, I didn't hear you mention what 
I asked about. Either Constitutional or statutory limits. So, 
why don't you just send that to us for the record?
    And I will just say, colleagues, this is the reason why 
Congress needs to pass legislation limiting government 
purchases of Americans' information. And I also believe that 
Congress needs to pass the bill that I introduced with the Vice 
Chairman, Senator Rubio, making sure this information isn't 
bought up by foreign countries, either.
    So, let's go now to Section 702. And obviously, the 
government needs to have Section 702 to focus on foreign 
threats. It is just essential that it be done without throwing 
aside the privacy rights of law-abiding Americans. There is a 
workable solution. Under a bipartisan proposal that I've been 
part of, the government wouldn't need a warrant to run searches 
on Americans to see who they're talking to. It's only when the 
government wants to read the content of those private 
conversations that a warrant would be required, even though 
there are also many exceptions that we have put into the bill--
exceptions for emergencies, consent, cyberattacks--the list 
goes on. Now, according to FBI's data, the FBI looks at content 
in less than two percent of its searches on Americans.
    So, my question would be for you, Director Wray. As I've 
described it using your data, the data from the FBI, doesn't 
our warrant requirement only apply to a tiny fraction of the 
searches the FBI conducts when you factor in all of these 
exceptions? I mean, I can go through them, but I think you know 
them. You know, if there's any imminent danger, no warrant; if 
there are other dangers you have to go get the warrant later. 
But the exception list is very long.
    So, the question is, isn't it correct that what we're 
talking about in the bipartisan bill here in the Senate and in 
the House, it would apply to only a small fraction of the 
searches you're conducting?
    Director Wray. As a percentage, it's not a significant 
percentage. Certainly, the number is significant, and I think 
the fundamental problem with the warrant requirement before you 
can look at the content, is that it's the content that tells us 
whether or not it's an agent of a foreign power involved, so I 
think that's part of the problem that we have.
    [Interruption from a Member of the Public.]
    Chairman Warner. If the witness will pause for a moment.
    Continue.
    Director Wray. I think where I got cut off, was I was just 
explaining that the fundamental problem is that in the 
instances where we need to look at the content, the probable 
cause that's lacking at that point is what's established by 
seeing the content. That's what tells us more often than not, 
that there's an agent of a foreign power involved.
    And so that's what enables us to then act and go forward 
with the appropriate investigative steps.
    Senator Wyden. So, there's an exception for imminent 
danger. There's an exception in other emergencies. There is an 
exception to simply conversations with foreign threats. I'd 
like you to send to me, so we'll have this for the record, how 
having those exceptions will in some way obstruct you when 
you're trying to deal with a tiny number of warrants. This is 
all about Americans believing. You bet we have foreign threats. 
There's no question about it, but we can address those foreign 
threats in a way that's compatible with the liberty and the 
values that law-abiding Americans hold. I'm happy to work with 
you on it. Thank you, Mr. Chairman.
    Chairman Warner. Senator Collins.
    Senator Collins. Thank you. Director Haines, you 
understandably spent considerable time talking about the 
significant threats that Russia, China, Iran, and North Korea 
pose to our country. Since the way that our disastrous 
withdrawal from Afghanistan unfolded, we've also seen a large 
increase in terrorist attacks conducted by ISIS. In fact, those 
number nearly 200 and have resulted in some 1,300 casualties. 
So obviously Afghanistan has shown that once again, the Taliban 
is either unwilling or unable to control terrorist groups.
    Are there threats of terrorist attacks from ISIS toward 
Americans a problem still? And how are you balancing the great 
power competition with the threats from ISIS? In addition, I 
would like you to comment on whether or not terrorist groups 
backed by Iran, such as Hamas and Hezbollah, pose a threat to 
our homeland.
    Director Haines. Thank you, Senator.
    In terms of the threat from ISIS, which you're absolutely 
right, remains a significant counterterrorism concern for us, 
most of the attacks that you're talking about, globally taken 
on by ISIS, have actually occurred by parts of ISIS that are 
outside of Afghanistan. In Afghanistan, there still remains an 
ISIS concern. It is one where, ironically, the Taliban is 
actually also concerned about it, because the ISIS group that 
is in Afghanistan is in fact going after the Taliban. And so, 
this is a place where, actually, the Taliban has taken action 
against that group in ways that are consistent also with our 
concerns and interests.
    So that is one piece. In terms of the terrorist groups that 
are backed by Iran, absolutely. That is a major issue for us 
and there are a number of them. Obviously, we often talk about 
Iranian-aligned militia groups that have been attacking U.S. 
forces and assets in Iraq and Syria in particular, but also in 
other parts of the region attempting to. And there have been 
just dozens and dozens of attacks that we've been looking to 
manage, and that continues to be fueled by Iran. They provide 
weapons, they provide training, they provide money to those 
groups, and we still obviously see them as a destabilizing 
force in the region. We also see Iran's support of Hezbollah, 
as you noted, and of Hamas over the years--and so considerably. 
Not to mention the Houthis, who are another example of this.
    But certainly, that's been a large issue and my colleagues 
may wish to add to this.
    Senator Collins. Thank you. Director Wray, we know that 
China is the primary provider of the predecessor chemicals and 
the pill presses for fentanyl. And you've pointed out in your 
testimony the extraordinary scope of the amount of fentanyl 
that has been produced. And indeed, 80 percent of the overdoses 
in Maine last year involved fentanyl.
    But what we're also seeing in Maine is a new phenomenon 
that was reported by some enterprising journalists. And that is 
that Chinese nationals are establishing illegal marijuana 
growing operations all over the state. One public report 
estimates there are more than 200 of them, primarily in rural 
Maine. They're unregulated. They're illicit. They're destroying 
homes because they're growing the marijuana inside. And the 
marijuana is very potent.
    What is the FBI doing to support local county and state 
officials? And why do you think the Chinese have sent their 
citizens to rural America to establish these illegal growing 
operations?
    Director Wray. Well, certainly we're observing the same 
phenomenon that you're describing. I know we've had a number of 
cases that have resulted in indictments of Chinese nationals 
involved with illegal marijuana grow operations here, and 
otherwise involved in different kinds of organized criminal 
activity. We are tackling that through working with our state 
and local law enforcement partners, through a variety of task 
forces. We're trying to share intelligence with them to help 
get ahead of the threat. I'm not sure that I could give you a 
reason as to why it's happening, but that is something that 
we're very focused on. And you mentioned the precursors to 
fentanyl, the pill presses, this issue. I would just add to 
that yet another one which is that an awful lot of the meth 
precursors to the labs in Mexico also come from China.
    So, it's fentanyl, it's also meth and so there is certainly 
a big degree to which problems that we are experiencing here in 
an acute way, source back to them.
    Senator Collins. Thank you.
    Chairman Warner. Senator Heinrich.
    Senator Heinrich. Thank you, Mr. Chairman.
    According to the annual threat assessment, Russian 
President Putin probably believes, quote, that his approach to 
winning the war in Ukraine is paying off and the Western and 
U.S. support to Ukraine is finite, end quote. For any of you, 
what lessons is Putin taking from the U.S. failure to further 
support Ukraine in its fight for national survival? And what 
lessons might China's Xi Jinping learn from this failure?
    Director Burns. Senator, I'd be glad to address your 
question. I just returned from my tenth visit to Ukraine during 
the course of the war, and I left convinced that we're at a 
profoundly important crossroads for Ukraine, for European 
security and for long-term American interests around the world. 
I think down one road, with supplemental assistance approved by 
the Congress, lies the very real possibility of cementing a 
strategic success for Ukraine and a strategic loss for Vladimir 
Putin's Russia.
    It's our assessment that with Supplemental assistance, 
Ukraine can hold its own on the front lines through 2024 and 
into early 2025; that Ukraine can continue to exact costs 
against Russia, not only with deep penetration strikes in 
Crimea, but also against Russia's Black Sea fleet, continuing 
the success which has resulted in 15 Russian ships over the 
course of the last six months.
    In other words, with Supplemental assistance, Ukraine can 
put itself in a position by the end of 2024, the beginning of 
2025, where it could regain the offensive initiative and also 
put itself in a position to negotiate from a position of 
greater strength and achieve an outcome in which Putin's goal, 
which was to subjugate Ukraine and to control its choices, 
would be denied. Where Ukraine could sustain itself as a 
strong, sovereign independent country, anchor itself in Western 
institutions and have the space and the security to recover 
from this terrible aggression. And leave Russia to deal with 
the long-term consequences of Putin's brutal and foolish 
invasion.
    Down another road, however, without Supplemental 
assistance, it seems to me lies a much grimmer future. Ukraine 
is likely to lose ground and probably significant ground in 
2024. I saw in the Battle of Avdiivka, which forced a rushed 
withdrawal of Ukrainian forces just a couple of days before I 
was in Kyiv on this last visit, the consequences of that. One 
senior Ukrainian partner described what happened to me. He said 
that, you know, our men fought as long and as hard as they 
could, we ran out of ammunition and the Russians just kept 
coming. And I think without Supplemental assistance in 2024, 
you're going to see more Avdiivkas; and that, it seems to me, 
would be a massive and historic mistake for the United States.
    Senator Heinrich. And what lesson do you think the CCP will 
take from that?
    Director Burns. I think the consequence of that will not 
just be for Ukraine or European security----
    [Interruption from a member of the public.]
    Chairman Warner. Witness will continue.
    Director Burns. I think the consequences of that are going 
to be felt not only by Ukrainians and in European security, but 
across the Indo-Pacific, where if we're seen to be walking away 
from support for Ukraine, not only is that going to feed doubts 
amongst our allies and partners in the Indo-Pacific, it's going 
to stoke the ambitions of the Chinese leadership in 
contingencies ranging from Taiwan to the South China Sea.
    So that's what I saw on this last visit. That's what I 
think is at stake for all of us. I think the truth is that the 
Ukrainians are not running out of courage and tenacity, they're 
running out of ammunition. And we're running out of time to 
help them.
    Senator Heinrich. Director, let's jump to the elephant in 
the room then. I want to thank you for your efforts to secure 
hostage releases and a ceasefire in the Middle East. Ramadan 
has now begun. Give us, to the best of your ability, a little 
bit on where things stand with those negotiations and what 
flashpoints you might be concerned could push us into a more 
regional conflict over the course of the next month.
    Director Burns. Sure. For the last few months, since the 
last hostage return and ceasefire in the latter part of 
November, the President has been working very hard to try to 
renew that process. And I've traveled eight times to meet with 
my Israeli, Egyptian, and Qatari partners, and returned most 
recently on Saturday night from the last such trip. What's on 
the table right now is a potential agreement that has three 
main elements. The first would be the return of about 40 
hostages. These are the remaining women hostages, older men, 
and hostages who are wounded or seriously ill--as the first 
step, as the first phase toward the return of all of the 
hostages, which I know the President has deeply committed. And 
that would be in return for a defined number of Palestinian 
prisoners held by the Israelis.
    The second element is a ceasefire of at least six weeks, 
again, as the first step toward what might be more enduring 
arrangements over time.
    And then the third element would be a major surge in 
humanitarian assistance, which under the circumstances of a 
ceasefire could actually be distributed effectively to people 
who so deeply need them.
    Director Burns. So, we're going to continue to work hard at 
this. I don't think anybody can guarantee success. What I think 
you can guarantee is that the alternatives are worse. For 
innocent civilians in Gaza who are suffering under desperate 
conditions, for the hostages and their families who are 
suffering also under very desperate conditions, and for all of 
us. So, we're going to keep at this.
    Chairman Warner. Senator Risch.
    Senator Risch. Mr. Chairman, I have a number of questions. 
But we've got a lot of ground to cover here, and mine really 
need to be in a classified setting because I refer to some 
classified matters. So, I'm going to reserve until we get into 
the closed session.
    Chairman Warner. All right. Fine.
    Senator Cotton.
    Senator Cotton. Senator Heinrich was going to address the 
real elephant in the room, which are some of our audience 
members accusing you of pretty serious conduct. So, Director 
Burns, I want to give you a chance to respond to what's been 
said. Is Israel exterminating the Palestinian people?
    Director Burns. Senator, all I can say is, you know, what I 
said before. I think there are a lot of innocent civilians in 
Gaza who are in desperate conditions right now. I think there 
are hostages and their families who are also in desperate 
circumstances, as well. I've learned a long time ago in crises 
like this, that you have to find a practical goal and pursue it 
relentlessly. And the goal the President has laid out, working 
with our Israeli, Qatari, and Egyptian partners, I think, is 
the most practical one I can see right now. It is to produce a 
ceasefire of at least six weeks, produce the return of the 
hostages--ultimately all of the hostages--and get desperately-
needed humanitarian relief to people who need it in Gaza.
    Senator Cotton. So, is that a no? You do not believe Israel 
is exterminating the Palestinian people?
    Director Burns. I understand Israel's need, and the 
President has emphasized this, to respond to the brutish attack 
that Israelis suffered on the 7th of October, against Hamas, 
against a terrorist group. But I think we all also have to be 
mindful of the, you know, enormous toll that this has taken on 
innocent civilians in Gaza. And as the President has said, it's 
very important for Israel to be extremely mindful of that and 
to avoid further loss of civilian life.
    Senator Cotton. Director Haines, do you believe Israel is 
exterminating the Palestinian people?
    Director Haines. I really don't have anything to add to 
what Director Burns has said. I fully endorse what he's 
commented on.
    Senator Cotton. Okay. Israel--and you also stand accused of 
starving the Palestinian children. Is Israel starving children 
in Palestine or in Gaza?
    Director Burns. You know, I think, Senator, the reality is 
that there are children who are starving in Gaza.
    Senator Cotton. But is Israel doing that?
    Director Burns. They're starving, they're malnourished as a 
result of the fact that humanitarian assistance can't get to 
them. It's very difficult to distribute humanitarian assistance 
effectively unless you have a ceasefire, which is exactly why I 
think there's great value in what's on the table now--a return 
of hostages and a significant ceasefire enabling people to get 
that humanitarian assistance.
    Senator Cotton. Okay. For the record, I do not believe that 
Israel, nor any of you, or the United States Government is 
exterminating the Palestinian people or starving Palestinian 
children.
    Director Haines, there have been several news reports, you 
might say leaks, to the effect that Iran does not have full 
control of its proxy groups. That's the headline from Politico 
last month. The quote: While Iran is supporting the proxy 
groups financially and with military equipment, intelligence 
officials do not believe it is commanding the attacks. Its lack 
of control over the Houthis and the militias in Iraq and Syria 
has muddied the deliberations in Washington about how to 
respond to repeated attacks on U.S. interests in the region, 
including the attack in Jordan on January 28th that killed 
three American troops.
    But on page 18 of the assessment, the Intelligence 
Community writes: Tehran was able to flex the network's 
military capabilities in the aftermath of Hamas's attack on 
October 7th, orchestrating anti-Israel and anti-U.S. attacks 
from Lebanon to the Bab-el-Mandeb Strait while shielding 
Iranian leaders from significant consequences. 
``Orchestrating'' is stronger than anything I've heard. It's 
not providing support or training or funding. So, it's your 
assessment, the Intelligence Community assessment, that Tehran 
has orchestrated attacks on Israel and against U.S. personnel 
and positions in the Middle East since October 7th?
    Director Haines. Yes. And I don't think that means that the 
proxy groups or that others are always listening to everything 
that they have to say or under their direct control. But I 
think orchestrating is an appropriate characterization of what 
they've looked to do.
    Senator Cotton. So, it has, to use the dictionary 
definition, arranged or directed the elements of a situation to 
produce a desired effect, especially surreptitiously. That's 
correct?
    Director Haines. [Non-verbal affirmative response.]
    Senator Cotton. Okay. Director Burns, on page 34 of the 
assessment, the IC notes that the FBI and the Department of 
Energy have concluded that the most likely origins for the 
coronavirus pandemic was a laboratory in Wuhan, but the CIA 
cannot agree with that conclusively.
    Why can't the CIA reach the same conclusion that the FBI 
and the Department of Energy have reached?
    Director Burns. Our analysts continue to look at this very 
carefully. They have not yet concluded that there's definitive 
evidence on either side of this, whether natural transmission 
or a lab accident as well. And we continue to pursue, you know, 
more intelligence, more information that might help them to 
reach a definitive conclusion. But right now, they haven't been 
able to reach that.
    Senator Cotton. Director Wray, why are your analysts so 
much more confident?
    Director Wray. Our analysts did very rigorous work 
involving a whole slew of experts of different sorts. We 
reached the assessment with moderate confidence, and we stand 
by that assessment.
    Senator Cotton. Thank you.
    Chairman Warner. Senator King.
    Senator King. Thank you, Mr. Chairman. Thanks to all of 
you. And as others have said, thank you to the people who 
operate under very difficult circumstances around the world to 
supply us with this important information.
    Director Burns, I just want to say your statement to 
Senator Heinrich about the impact and long-term consequences of 
our abandoning Ukraine is important and I think should be 
required reading around here.
    The implications are it's a 50-year mistake that would 
haunt this country, both in Europe but also, as you suggest, in 
the Indo-Pacific, including Kim Jong Un would assess that we 
didn't have the staying power. He's already making noises about 
the peninsula.
    Director Wray, you talked with Senator Rubio about TikTok. 
Just to reiterate, it's dangerous because it allows the Chinese 
Communist Party to have access to an enormous trove of data 
about Americans. That's number one. Is that correct?
    Director Wray. That's one of the pieces of it. There are 
several.
    Senator King. The second piece is the power that the 
misinformation and sort of policy direction, that it enables 
the Communist Party to exercise, correct?
    Director Wray. Well, I think the second piece is the 
algorithm, right? In other words, the first is the data. The 
second is the algorithm. The third is the software.
    Senator King. But the problem is not TikTok. It's the 
control by China. If TikTok were divested and owned by an 
American company or a Belgian company or a British company, we 
wouldn't have this level of problem. Is that correct?
    Director Wray. Correct.
    Senator King. Thank you.
    Who controls Mexico? Is the government of Mexico in control 
or are the cartels in control? And how do we get at the problem 
of the drugs, the fentanyl? By the way, I did a little 
calculation a minute ago. About 15 people have died in this 
country of overdoses, mostly fentanyl, since this hearing 
started an hour and twenty minutes ago. That's how serious this 
problem is. One a day in my state of Maine.
    How do we get control of this problem?
    Director Haines. I'll start in, because there are a lot of 
us, obviously, that are working to help support those who are 
on the front lines of this, which include the FBI, obviously, 
and DEA and DHS and others who are really focused on this 
question.
    But on the first point, Senator King, with respect to 
Mexico, I think there's no question that it is a challenge for 
the government of Mexico to deal with the cartels. And there 
are parts of the country that are effectively under the control 
of the cartels in certain respects. And yet at the same time, 
we'd say that our cooperation with them has improved over time. 
And I think Director Burns and Director Wray may have more to 
say on this, but this is an area where we've really been able 
to work with them to try to help to----
    Senator King. Obviously, we have been able to work, and 
it's improving, but this is a drastic problem that should be 
treated as such in terms of the impact on Americans.
    Maybe this is a DHS question. But Director Wray, do we know 
how fentanyl is actually getting in? Where is it coming from?
    Director Wray. You mean coming----
    Senator King. Yes. How does it get into the U.S.?
    Director Wray. It's coming through a variety of means, 
including at ports of entry, but there's a variety of ways it 
gets in. Part of the challenge of fentanyl is, of course, how 
small it is and how easy it is to conceal and how easy it is to 
be innovative in ways to get it across the border. The vast 
majority of the fentanyl that's killing Americans is, of 
course, coming from Mexico, and the vast majority of the 
precursors for that fentanyl is coming from China.
    Senator King. Well, I should mention that in the 
Supplemental that's pending in the House, which we've always 
focused on Ukraine, there's also a major fentanyl-blocking 
provision that would be very important to this country to have 
enacted as soon as possible.
    Director Haines, you're nodding, but the record doesn't 
show nodding.
    Director Haines. Yes, absolutely. It's not coming to the 
Intelligence Community in that case, but there are--funding 
obviously for the capacity to do greater detection and things 
like that that DHS would be deploying, I believe, among others, 
and I absolutely agree that this is a fundamental issue. And we 
are--yeah, we can also talk more in closed session about some 
of the organizational things that we're looking to do to 
improve our capacity.
    Senator King. But we have a major bill to address fentanyl 
in that Supplemental, if we can get that out of its limbo in 
the House.
    General, one question. I'm concerned about a gap. NSA can 
talk about foreign intelligence gathering not in the U.S. 
Here's my worry. A Saint Petersburg, Russia, troll farm sends 
or hacks information in the United States through a server in 
New Jersey or Pennsylvania or California. Does that create a 
gap? Talk to me about the relationship between yourself and NSA 
and the FBI. I just worry that there's a place there where we 
may lose contact.
    General Haugh. Senator, thank you for the question. So, if 
we think about this right now today in the context of threats 
to our elections, we spend an enormous amount of time 
collaborating across all the elements of the U.S. government to 
make sure that we're aligned and that we're appropriately using 
our authorities to be able to garner whatever information is 
required to be able to identify a foreign threat.
    First and foremost, we are going to collect that threat of 
a foreign intelligence target outside the United States. And 
so, one of those tools that really assists in this type of 
scenario is Section 702 and our ability, because--and by its 
very nature--if there's an origin of that threat that there's a 
foreign entity communicating within the United States with a 
communications provider, it offers us an opportunity under 
Section 702 to target that foreign intelligence threat outside 
the United States. And so, with the reauthorization of Section 
702, that would ensure one means by which we are able to see 
the foreign part of that communication.
    Senator King. Thank you. Thank you, Mr. Chairman.
    Chairman Warner. Senator Cornyn.
    Senator Cornyn. Director Wray, I wanted to ask you a little 
bit about some of your testimony about the border. Last year 
169 individuals on the terrorist watchlist were detained at the 
southern border. So far this year, it's been 58. We know there 
were, since 2021, approximately 1.8 million got-aways; in other 
words, not people that turned themselves in claiming asylum, 
not people paroled into the interior, but 1.8 million migrants 
who were evading law enforcement at the border.
    Can you tell us, can you tell the American people with any 
certainty, that there are zero people on the terrorist 
watchlist that were among that 1.8 million got-aways?
    Director Wray. Well, what I would say is you rightly 
highlighted the kind of what--You remember Secretary Rumsfeld 
used to refer to the known known, the known unknown, and the 
unknown unknown? And I think here in many ways the national 
security ramifications of the issues at the border are better 
reflected in some ways more by what we don't know about the 
people who snuck in, provided fake documents, or in some other 
way got in when there wasn't sufficient information available 
at the time they came in to connect the dots.
    It's almost more significant, in our view, than the actual 
number of so-called KSTs, because those people for the most 
part are stopped, detained, and processed appropriately.
    Senator Cornyn. And I guess you would answer the same way 
that people with criminal records, members of criminal street 
gangs, and other, being among that 1.8 million figure for 
migrants who got away. We don't know what that 1.8 million is 
composed of, do we?
    Director Wray. That's correct.
    Senator Cornyn. What we do know is that more than 37,000 
Chinese nationals were detained at the U.S. southern border in 
2023. That number is up ten times over the earlier tally. And 
these individuals who were of course detained, sometimes they 
claim asylum, sometimes they're paroled into the interior. But 
again, we don't know how many Chinese nationals that may be 
among that 1.8 million got-aways that have made their way into 
the interior of the United States. You would answer the same 
way, I assume?
    Director Wray. Right. We don't know what we're dealing 
with. In that particular context, it gets especially 
challenging because presumably within that group, you've got 
not only people who may mean us harm, but also people who are 
fleeing the CCP and share our concerns about their 
authoritarian thuggishness.
    Senator Cornyn. Of course, that's an important point. I'm 
not suggesting all of them are, but I'm just suggesting this is 
a huge, gaping vulnerability in our national security that we 
don't have answers for. I'm reminded that there were 26 co-
conspirators in the 9/11 attacks against the United States, 
killing 3,000 people: 26 people killed 3,000 Americans on 9/11. 
I worry that among the people that are coming across the 
border, that are evading law enforcement, that there are some 
people among those that mean to do us harm. Do you share that 
concern?
    Director Wray. I do.
    Senator Cornyn. And, in fact, according to public sources, 
this is CNN, August 30, 2023, you alluded to this earlier about 
dozens of migrants from Uzbekistan that were being facilitated 
by a suspected ISIS agent in Turkey that was assisting those 
migrants to make their way to the southern border and into the 
United States, correct?
    Director Wray. So that's a threat stream that we're very 
concerned about. We're very actively investigating, working 
with DHS, on both people whose travel was facilitated, but also 
members of the facilitation network in some other way overseas. 
There's probably more I could share on that in closed session 
if you would like.
    Senator Cornyn. Thank you.
    Well, one of the things that I think this reveals is that 
our border situation, the illegal immigration, has changed over 
the years. It seems to me coming from a border state, years ago 
you would look at people coming across who wanted to work, 
wanted to provide for their family. Now of course, we 
understand people fleeing violence and poverty, things like 
that.
    But also, we see the pull factors, the fact that if you 
make it to the border, you can likely stay for the rest of your 
natural life, is an enormous magnet for people to come. But 
also, and not just people who have benign intentions toward the 
United States who want a better life, but also people that want 
to do us harm.
    I know sometimes people say, well, this is just a fantastic 
theory. It's no basis in reality. Do you consider that to be a 
frivolous consideration?
    Director Wray. I do not. And I've been, I think, very vocal 
about this. We, of course, are not responsive, FBI, for the 
physical security of the border. We work hard to be good 
partners with DHS on that. But there are a whole host of 
threats that emanate from the border, and some of them are 
criminal threats. We talked about fentanyl and violence.
    And then, of course, we have concerns that it could be a 
vulnerability that terrorist organizations could seek to 
exploit. I would add that we are not at the moment tracking any 
specific terrorist plot coming across the border in that 
regard. But it wasn't that long ago, as you will recall, that 
we had indictments of an individual who was trying to smuggle 
foreign nationals across the border to assassinate former 
President Bush.
    So it goes to your point that numbers are important, but 
numbers don't tell the whole story. It only takes a few people 
who can be responsible for a whole lot of harm.
    Chairman Warner. Senator Bennet.
    Senator Bennet. Thank you, Mr. Chairman, and thank you all 
for being here. Thank you for your service.
    Director Burns, the FBI Director just mentioned President 
Bush. I think you were our ambassador to Russia when he was 
President, is that right?
    Director Burns. Yes, sir.
    Senator Bennet. And you have one of the longest 
distinguished careers in American diplomacy and now you're in 
the middle of a negotiation in the Middle East that I think 
everybody up here hopes that you're going to be successful 
about.
    In that context, I want to ask you about the Supplemental 
bill that has the Ukraine funding in it. That's a bill that 
passed out of the Senate with 70 votes. We almost don't pass 
anything around here with 70 votes--a broad bipartisan 
recognition of the importance of that bill.
    I agree with your assessment and the Intelligence 
Community's assessment that Ukraine has the possibility to 
prevail in this conflict with Russia. Nobody two years ago 
would have believed that. But the way they fought, the way 
they've been able to be supported by our munitions and our 
intelligence, obviously has made a difference. But they have 
succeeded in ways nobody could have imagined. There are people 
here and there are people in the House that don't believe that. 
Their assessment is different than the Intelligence 
Community's, and their judgement is different and that's fine. 
We have different judgments.
    I would ask you, since you're here, a little bit about the 
negotiating posture that Ukraine, the West, NATO, wants to put 
ourselves in with Vladimir Putin. And considering that 
question, I wonder whether you could talk a little bit about 
whether or not our negotiating position, if you're somebody who 
believes in the end, that somehow Ukraine can't prevail--
although I believe they can--and believes only that they can be 
in a position to negotiate an end to this, why it would be 
better for us to pass the Supplemental from that vantage point 
than to fail to pass the Supplemental?
    Director Burns. Thanks very much, Senator.
    I think today, first I'll start with Vladimir Putin and 
Russia. It's our assessment that Russia is not serious about 
negotiations today, in the sense that they may be interested in 
the theater of negotiations, but they're not really interested 
in negotiating in the sense of compromise right now, because as 
Director Haines said in her opening remarks, I think President 
Putin believes that time is on his side, that he can grind down 
the Ukrainians, and wear down the rest of us. So, if you look 
at the prospect of a more serious negotiation in the future, 
it's essential for Ukraine, first with our support, to disabuse 
the Russian leadership of that notion. In other words, to 
puncture his confidence that time is on his side, to 
demonstrate that for Russia also there are long-term 
consequences to this war. They've already suffered enormously 
in terms of their military: 315,000 plus dead and wounded, four 
times the casualties that the Soviet Union suffered in a decade 
of war in Afghanistan. The destruction of something on the 
order of two thirds of their pre-war tank inventory. And long-
term economic consequences which is fast-making Russia the 
economic vassal of China. Not to mention a much stronger and 
bigger NATO that they have to face today.
    So, the challenge in 2024 is helping the Ukrainians not 
just to hold their own, but to continue to impose costs so that 
they'd be in a position of greater strength, greater leverage 
in a negotiation. And I think that would be my answer to that 
question. If you want to get to a serious negotiation, you have 
to help the Ukrainians demonstrate that Putin is wrong in his 
notion that time is on his side.
    Senator Bennet. That logic seems fairly compelling to me.
    Let me ask you another question, since you served 
Republican and Democratic Presidents over many decades. You 
hear people in this building say that the United States of 
America has to give up on our support for Ukraine in an actual 
conflict with Vladimir Putin, an actual conflict with Russia, 
because of the fear that we will not be able to afford some 
plausible, but nevertheless theoretical, conflict with China in 
the future.
    Do you believe the United States of America cannot handle 
our commitments with respect to Ukraine and NATO and be able to 
deter Beijing as well?
    Director Burns. No, I don't believe that. I think we're 
entirely capable. Senator Rubio said this earlier, I think the 
United States, while we may not have uncontested primacy in the 
world today, we still have a stronger hand to play than any of 
our adversaries or rivals. So, I believe we're entirely capable 
of continuing to support Ukraine in a conflict that has 
consequences well beyond Ukraine and European security. And I 
think sustaining that support for Ukraine not only doesn't come 
at the expense of deterring China, it actually helps to deter 
China, whether it's in Taiwan or the South China Sea or other 
places. It is our assessment that Xi Jinping was sobered by 
what happened, especially in the first year of the war. He 
didn't expect that Ukraine would resist with the courage and 
tenacity that the Ukrainians demonstrated. He didn't expect 
that the United States, whom he believes is a declining power, 
would step up in the way the President has led, with all of 
your support, to show solidarity with Ukraine as well. That's 
had an impact, I believe, far beyond Ukraine or European 
security, and that's really what's at stake today.
    Senator Bennet. And I would say we'd look back, Mr. 
Chairman, at that $60 billion and say that it was a bargain 
compared to what we would otherwise spend. Mr. Chairman, my 
colleagues, I think almost all of them went over a minute and a 
half. So let me just say in the last 15 seconds that I have, 
that our threat assessment----
    Chairman Warner. I think the record will stand corrected. 
You get a couple of seconds, but we've been holding here.
    Senator Bennet. Director Haines, I'll take it for the 
record but there is in the document, reference to the serious 
issues that we're confronting in space right now; and had I 
more time to ask you about that, we'd have a conversation.
    Chairman Warner. You'll get a chance in classified session. 
Senator Moran.
    Senator Moran. Chairman Warner, thank you.
    Director Burns, I was in Mexico about a year ago and met 
with President Lopez Obrador and my request, among others, was 
that he personally intervene with Chinese leadership and ask 
for the precursors to not be imported into Mexico, and thereby 
utilized, and ultimately end up as fentanyl in the United 
States. He committed to doing that. My understanding from his 
government, as well as public sources is that he did. And then 
there seemed to be some level of interest on the part of China 
in negotiating with us or having conversations with United 
States about that topic. I don't know that much has come from 
that, but you may tell me that I'm wrong.
    What explains the Chinese unwillingness to be more 
proactive in combating precursor chemicals coming to the U.S.? 
Do they have the capability? Are they intentionally inflicting 
harm on Americans and America? Is there some quid pro quo that 
they're looking for?
    Director Burns. I think, Senator, since the President met 
with President Xi in November in California, there have been 
some signs of greater Chinese seriousness about dealing with 
this problem, effectively enforcing their own law because 
that's all that we're asking. When I was in Beijing in late May 
of last year, I raised this issue very directly with my 
counterparts, as well. So, I think there are some signs that 
the Chinese are beginning to address the problem, not just of 
precursor chemicals, but also of pill pressing equipment. 
Certainly, they can do more, and I think that's why it's so 
important for all of us to continue to push as hard as we can, 
and to make clear, as you indicated earlier, that this is a 
problem not only for the United States but for Mexico and for 
others around the world.
    Senator Moran. So, what would be China's reluctance to 
actually crack down on those exports?
    Director Burns. I hope that what you're seeing now is a 
readiness to do more, I think, since November. But I think you 
know that's something that obviously from the President on 
down, we need to continue to reinforce as hard as we can, 
because they do bear some responsibility for what's happening 
in our own society.
    Senator Moran. General Kruse, how do you assess the current 
balance of military power in the Pacific today between the 
United States and China and others?
    General Kruse. I think I would describe the balance of 
power today as China is on a rise that it has been planning for 
multiple five-year periods, and it has executed that 
development, that training, that exercising in a way that has 
put them in a position that at some point in the not too 
distant future, in accordance with Xi's own goals, they will be 
a world-leading military power.
    The United States, though, is the world-leading military 
power today. And so, the imperative piece for us is to be on 
that same trajectory, to match them stride for stride and 
ensure we stay ahead of the growth that we see in China. There 
is no doubt of the growth that you see, and has been discussed 
today, in military power associated with China and their rise 
in all domains--cyber, space, as well as conventional.
    Senator Moran. Director Haines, has Iran sought to use our 
borders, our porous borders, to conduct terrorist activities in 
the United States?
    Director Haines. We have a very good example of Iran 
supporting, in effect, efforts to come across the border to go 
after a former ambassador from Saudi Arabia, for example. There 
was a case against Arbabsiar in that scenario. So, they have 
historically attempted this, but it's actually been very 
challenging for them and something that we consistently monitor 
on a regular basis. They prefer to go through--to the extent 
that they're able--criminal entities and other groups as a way 
of trying to achieve their goals.
    Senator Moran. Director Wray, there were reports of our 
military technologies being utilized in North Korean military 
equipment found in Ukraine, coming from Russia. How do we 
explain that?
    Director Wray. I'm definitely tracking similar incidents in 
terms of Iranian drones, for example, where U.S. technology has 
appeared as components. I think part of it has to do with dual-
use technologies and companies here not being perhaps as 
vigilant as they need to be about the potential uses of their 
technologies.
    And so, we're trying to be very heavily engaged with the 
private sector to make sure that they're more thoughtful about 
who they're selling to and where their pieces and components 
may end up.
    Chairman Warner. Senator Casey.
    Senator Moran. Senator Warner, even though you gave Senator 
Bennet additional time, I'll not ask for any.
    Chairman Warner. You're a very generous Member.
    Senator Casey.
    Senator Casey. Mr. Chairman, thanks very much. I want to 
thank the panel for your testimony today and also for your 
public service.
    I'm going to follow up on the fentanyl, and I want to ask a 
related question about xylazine. And I know our colleagues have 
mentioned and asked questions about fentanyl.
    But I'll start with Director Wray, to direct your attention 
to this question about fentanyl. The threat assessment this 
year on page 36 says that, quote, China remains a primary 
source for illicit fentanyl precursor chemicals and pill press 
equipment, end quote. And then it goes on to talk about what 
the cartels do. It's noteworthy, I think, that the U.S. 
Sentencing Commission told us that in fiscal year 2022, 88 
percent of fentanyl trafficking offenders were U.S. citizens. 
88 percent. In fiscal year '21, 86 percent of fentanyl 
trafficking offenders were U.S. citizens.
    But we know how it gets here. We have a pretty good sense 
of how it gets here. We also know the Administration announced 
that it had made progress--they believe some progress--in 
reestablishing coordination with the Chinese government on 
countering fentanyl. I'm increasingly concerned, as well, about 
xylazine and other non-fentanyl synthetic opioids. Xylazine, as 
many people know, is a powerful veterinary sedative that is 
mixed with illicit fentanyl. And unfortunately, the City of 
Philadelphia has become almost ground zero for the 
proliferation of illicit xylazine. According to DEA, xylazine 
was detected in nearly half--half!--of all fentanyl related to 
overdoses in Philly.
    So, Director Wray, I wanted to ask you, is the Chinese 
government holding up its end of the bargain and cracking down 
on illicit fentanyl traffickers?
    Director Wray. Well, I would say the scale of the problem 
that we're continuing to see suggests to me that there's a 
whole lot of room for improvement from the Chinese government. 
Let me just put it that way.
    You mentioned xylazine. Certainly, xylazine is of concern 
to us. You're right that the Philadelphia area is a place where 
we're seeing a certain amount of that. We've got a lot of 
investigations in the Philadelphia and Newark areas. Of course, 
one of the problems with xylazine, as you I'm sure know, is 
it's not responsive to Narcan, so that just adds to the 
challenge. And certainly, xylazine has been found in drug 
combinations in, and I think, maybe 48 of the 50 states or 
something. And it's, you know, very easy to buy, unfortunately, 
online from China-based suppliers. So, I think that just adds 
to the problem. We are, in addition to our investigative work, 
trying to engage in your area and nearby areas with hospitals 
and state diversion groups and things like that to try to raise 
awareness about it. But xylazine is not a controlled substance 
currently under the U.S. Controlled Substances Act, so that's 
just an additional kind of aggravating circumstance.
    Senator Casey. And also, a related question. To what extent 
is regulation by China of xylazine and other non-fentanyl 
synthetic opioids part of U.S. law enforcement's discussions 
with their Chinese counterparts?
    Director Wray. Certainly, trying to work with the Chinese 
on their controlled substances listings is a key part of it. 
Now, part of the problem with precursors, of course, is that 
there's an almost infinite number of variations that people can 
come up with. So, even when they schedule things, you see new 
ones crop up in their stead.
    And so, I think that just adds to the challenge. You know, 
you asked how serious are they. I would just point to the sheer 
volume that we're contending with, and I think that tells you 
all you need to know about how serious the Chinese are so far, 
so far, in helping us address the problem.
    Senator Casey. And Director Haines, I want to ask you about 
Iranian evasion of sanctions. We know that since the imposition 
of increased sanctions against Iranian oil in 2018 and '19, 
Iran has been increasingly successful in finding ways to evade 
sanctions, and its oil revenues are increasingly rising. I know 
the Administration is focused on blocking Iran's oil exports.
    How is the Intelligence Community supporting the 
Administration's efforts to impose further costs on Iran, 
including by focusing on identifying and sanctioning so-called 
ghost-fleet vessels carrying Iranian oil and Chinese refineries 
purchasing Iranian oil?
    Director Haines. Thank you, Senator. We're very involved is 
the short answer. But the longer answer--And we actually do 
periodic reports to Congress that tell you about some of the 
work that we do in this area, where we're identifying where we 
see sanctions evasion, where we see opportunities for 
essentially additional targets for sanctions that might be 
acted on, things that are sort of third parties or others who 
are involved in these transactions so that the Treasury 
Department and others can, in fact, go after them in that 
respect. And it's a constant and critical issue.
    Senator Casey. Thank you, Mr. Chairman.
    Chairman Warner. Thank you. Senator Lankford?
    Senator Lankford. Thank you. Thanks to all of you. The team 
that you work around, please pass on our thanks and our 
gratitude to them. They work very hard. Most folks will never 
know who they are and not get a chance to be able to say thank 
you so please pass it on as well.
    I do want to continue some of the conversation about the 
border, because while we're dealing with worldwide threats, 
we're seeing the worldwide threats coming towards us and some 
obvious vulnerabilities in this.
    As has been mentioned, we've talked about in the past--
well, in this fiscal year--58 people on the terror watchlist 
that have been identified and picked up. There's also a 
category called special interest aliens. Director Wray, I know 
you're familiar with that as well. The special interest aliens, 
many people may not know this definition. I'm just going to 
read it of what this designation is. It says: A special 
interest alien is a non-US person who, based on analysis of 
travel patterns, potentially poses a national security risk to 
the United States or its interests. Often such individuals or 
groups are employing travel patterns known or evaluated 
possibly to have a nexus to terrorism.
    Do we have a listing of how many people have crossed our 
southern border that we have identified in this fiscal year 
that are special interest aliens?
    Director Wray, do you know that number?
    Director Wray. I don't know the number, but we could follow 
up with you to see if that's something we could provide.
    Senator Lankford. It has been one of our challenges to try 
to identify that, while on the terror watchlist we can get that 
number and know that it's 58 exactly. When we ask the issue of 
special interest aliens, we're told often that is law 
enforcement sensitive. We know the number is in the thousands 
but have not been able to get a specific number nor a specific 
tracking on that. So, that'd be helpful to be able to know, 
because the next question is the obvious one. If those 
individuals that are coming in--and I'm just going to give you 
a number if it's in the thousands--is FBI contacted when these 
individuals that are coming across our border? Released into 
the country? Because the vast majority of the SIAs, we don't 
have criminal background information on them. We have a theory. 
So, they're released into the country currently.
    Is the FBI kept in contact, from DHS and others, who those 
individuals are? Or what kind of tracking and monitoring is on 
those individuals?
    Director Wray. I know that we work closely with DHS, 
especially CBP, on the issue of special interest aliens, 
including a whole lot of work on the other side of the border 
to try to prevent them from coming in in the first place. And I 
know there are instances where we're contacted, but I'm not 
sure that as I sit here right now, I can tell you that we're 
contacted in every instance.
    Senator Lankford. Ok, that's helpful.
    Mr. Holmgren, you haven't gotten a lot of questions today, 
and we need to give you some attention here.
    Obviously, the State Department is very engaged in this in 
trying to be able to figure out for the intelligence side, on 
the information sharing. Those individuals that are crossing 
the border right now from many of those countries, we don't 
have any criminal information on these individuals. Do you know 
just off hand how many countries that are coming into the 
United States, when they're crossing our southern border, we 
have criminal background information? Let me give you for 
instance Venezuela. We were talking about Venezuelan gangs 
earlier and those individuals that are crossing into the 
country, many of them being paroled into the country. Is 
Venezuela freely sharing their criminal records with us? Do we 
know if these individuals have a criminal record?
    Mr. Holmgren. Thank you, Senator.
    I don't know exactly if Venezuela is sharing specific 
information with us. What I can say, though, about Venezuela, 
obviously, is that we've seen over seven million Venezuelans 
emigrate from the country since 2017, a significant portion of 
whom obviously have emigrated to the United States illegally. 
But when we do get relevant information from our counterparts 
at DHS and FBI, our analysts use that to help inform their 
judgment.
    Senator Lankford. One of the challenges that we have as 
well for individuals, for instance--currently Nicaragua is not 
taking people back on that. And we are all dependent on State 
Department to impose some sort of consequences on Nicaragua to 
say you're a recalcitrant country. You're not taking people 
back on that.
    Do you happen to know any of the conversation right now 
between Nicaragua and the United States on trying to deal with 
recalcitrance? Because we do have a tracking of some that have 
criminal records that are coming towards us and consider that a 
threat.
    Mr. Holmgren. Senator, I don't have specifics on the 
details of engagement with Nicaragua. Happy to follow up with 
you offline.
    Senator Lankford. That'd be great. Thank you very much for 
that.
    Director Wray, let me come back to you and talk a little 
bit about CFATS. This is an acronym most people don't know: the 
Chemical Facility Anti-Terrorism Standards. We've had that 
since 2007. It expired in July of last year and has not been 
reauthorized yet. One of the aspects of that is for a chemical 
facility, refinery, whatever it may be, they have the ability 
to be able to check against the terror watchlist using this 
authority on that. With its expiration, there's about 9,000 
people a month that used to be checked on that, just in the 
hiring and the process of all over the country. We have about 
63,000 people we're estimating that have not been checked.
    My question for you is, do we have any idea how many people 
show up as a hit on the terror watchlist from the hiring in the 
past? That when we do that check on it, which now is not 
occurring because we've not reauthorized this, how many folks 
do ping on that terror watchlist?
    Director Wray. I'm not sure I can give you a number sitting 
here right now. But I will tell you, I share your concern about 
the lapse in the authorities. And one of the challenges of this 
particular space is, of course it doesn't take many for it to 
be a real problem. And we rely on that authority--or we 
historically have--to protect.
    Senator Lankford. Could you say that number is not zero as 
far as how many people have pinged on the terror watchlist when 
that has been run in the past?
    Director Wray. Correct.
    Senator Lankford. Thank you.
    Chairman Warner. I think you've given a number of the 
witnesses homework assignments there.
    Senator Gillibrand?
    Senator Gillibrand. Thank you, Mr. Chairman.
    In New York's Capital Region, the Albany Nanotech Complex 
is set to house some of our Nation's most advanced electronics 
research, development, and manufacturing in particular fields 
like wafer processing, manufacturing, and lithography tools.
    Today's annual threat assessment points out that China 
currently lags behind the U.S. in developing the most advanced 
chips, giving them cause to steal our technology, which we've 
seen them do over and over. I included legislation in last 
year's NDAA requiring DOD to establish a pilot program to 
enable collaboration between the NSA's Cybersecurity 
Collaboration Center and the U.S. semiconductor manufacturers 
to improve the cybersecurity and semiconductor design and 
manufacturing process.
    General Haugh, how is the NSA working with the FBI to 
create safeguards against espionage and cyber attacks at 
leading public research facilities and at semiconductor 
manufacturers?
    General Haugh. Senator, thank you for the question. In 
terms of how we think about the China cyber threat, it is clear 
that they are going to be relentless to intend to steal 
intellectual property. And so, from our perspective, part of 
what NSA is really focused on doing is illuminating that 
threat. So, we have done a series of unclassified advisories 
with a number of partners, elements across U.S. government, six 
other nations, multiple companies, to illuminate that threat in 
a way that allows us to get now unity of action against that 
threat. Unclassified reports to allow increased unity of 
action.
    So, from the FBI's perspective, they're a teammate in 
everything that we do that talks about the cyber threat within 
the United States. And from a specific look at semiconductors, 
critical technology that clearly China wants to catch up on, 
and from our perspective an area that we will continue to 
identify those threats and communicate those both through the 
FBI and then through unclassified advisories wherever we can.
    Senator Gillibrand. Director Wray.
    Director Wray. I would just agree with everything General 
Haugh just said. I would just add to that. We have set up 
counterintelligence task forces in all 56 Field Offices, 
including in the Albany area. NSA is a key participant with us 
in our national effort in that regard. And in addition to the 
unclassified information that can be shared through the good 
work that we do together, one of the advantages to the FBI 
engaging with private companies is because we get information 
from so many different sources. There are times when we can 
share information with a private sector entity in a way that 
helps protect NSA's sources and methods, just because it 
doesn't clearly get identified as this is something NSA told 
us.
    Senator Gillibrand. Research from the Center for Countering 
Digital Hate found that the leading AI image-generators create 
election disinformation in 41 percent of cases in which they 
are prompted, including images that could support false claims 
about candidates or election fraud, in spite of controls we've 
been told have been put in place.
    This is for the entire panel. Have any of you seen foreign 
adversaries with intent to use generative AI--either images, 
videos, audio--to deceive American voters? What are we relying 
on to advise the public when this inauthentic content appears?
    Director Wray, you can start.
    Director Wray. I want to think about what I can say here. 
Certainly, AI is something that all of our most significant 
adversaries are taking a hard look at to enhance their efforts. 
We have seen AI used in a variety of settings. Whether it's 
been used specifically to target voters, I'm not sure that I 
could say that. But we are actively concerned about that as the 
latest wrinkle in a longstanding effort to engage in 
information warfare.
    Senator Gillibrand. Director Burns.
    Director Burns. Another example is we've seen evidence that 
al-Qaida in the Arabian Peninsula has used AI to generate 
videos aimed at inspiring lone-wolf attacks as a result to the 
Gaza conflict as well.
    Senator Gillibrand. Director Haines.
    Director Haines. I think another example is Russia 
deploying AI tools in the context of their influence efforts in 
Ukraine. And there we've seen, for example--I think it was in 
March 2022 there was a deepfake of the Ukrainian President 
Zelensky asking Ukrainians to lay down their arms and 
ultimately had to be actually countered by President Zelensky 
in order to address it.
    Senator Gillibrand. Did we give them the information or 
capability to do that quickly?
    Director Haines. The Ukrainians? Yes, we worked with them 
on that.
    Senator Gillibrand. General Haugh.
    General Haugh. So, in terms of how we're thinking about AI 
security, NSA established an AI Security Center. Part of that 
is to be able to generate and communicate to anyone that is 
building a model in the United States. From an AI perspective, 
what are those threats and what are the security mechanisms to 
avoid misuse of those models? We're also using the AI Security 
Center for how we apply all of the ethical and safety standards 
of how the department will leverage AI. But really, the last 
component would be how do we communicate to those companies the 
threats that they will have of their technology and how it will 
be employed?
    Senator Gillibrand. Go ahead.
    Mr. Holmgren. Sure, Senator. Quickly, you're right to raise 
this as a threat and I think our view of it is that tools like 
generative AI will essentially lower the barrier for actors, 
state and non-state, with fewer resources to engage in 
potential election interference.
    Senator Gillibrand. And General Kruse.
    General Kruse. From a DIA perspective, I don't think I 
would add anything to what has been covered here, other than 
the counterintelligence portion of that, that has a touch point 
across everything that's already been mentioned.
    Chairman Warner. I would add, ladies and gentlemen, that at 
the Munich Security Conference, something I participated in, 
there were 20 tech companies that came together, most of the 
social media companies, on a voluntary basis to indicate both 
watermarking and willingness to take down AI-generated video 
and voice that were affecting elections, but it was voluntary, 
and the proof will be in the pudding.
    Senator Gillibrand. And just for the record, no one said 
they have a plan to tell the American people or to advise the 
American people.
    Chairman Warner. This Committee will be having public 
hearings on this subject very shortly that Senator Rubio and I 
have agreed upon.
    Senator Rounds.
    Senator Rounds. Thank you, Mr. Chairman. First of all, 
thank you to all of you for your service and to your teams as 
well.
    Director Wray, with regard to the PRC and some recent 
public reports of significant agricultural land purchases. If 
these land purchases are accurate, they may very well pose a 
threat to not only some military installations, but most 
certainly involved in food production that takes away from our 
ability to produce for our own country, as well. But just 
curious about whether or not you are aware could confirm land 
purchases by Chinese nationalists within the United States? And 
are you following them at this time?
    Director Wray. So, this is an issue that we're focused on a 
lot lately. I think what I would say is we're investigating a 
number of instances proactively, where we're seeing either 
commercial real estate or land being purchased by those with 
ties to the PRC near critical infrastructure. And I want to be 
clear, of course, foreign purchase of land including Chinese 
purchase of land is not itself inherently illegal. But the 
problem is the risk, and as has been discussed much here 
already in a different context, the hold that the Chinese 
government and the CCP have over its businesses in particular. 
And so, we're particularly concerned about situations where a 
purchase of land near a military installation, critical 
infrastructure, or something like that could be leveraged to 
enable anything from espionage, data collection, or worse.
    Senator Rounds. Do you know if the tools that we have in 
place today are strong enough or capable of stopping these 
purchases from moving forward?
    Director Wray. Certainly, a lot of types of transactions go 
through the CFIUS process, but I'm not clear on whether or not 
that fully extends to all the kind of land purchase situations 
that we're concerned about. We are working through the CFIUS 
process when that applies. We're working with the USDA to try 
to work towards maybe some kind of mandatory reporting regime 
that might apply. So, I think there is room for plugging gaps 
that may exist.
    Senator Rounds. Thank you.
    I'd like to also ask, with regard to AI in particular. 
Look, the bottom line is, is it's not going away. It's 
something that we're going to have to deal with right now. It 
appears as though we lead the world in regard to AI 
capabilities. But most certainly, our near-peer adversaries 
recognize that and they're going to do whatever they can as a 
shortcut to our capabilities--air, land, sea, space, and 
cyberspace.
    With regard to the advances with AI right now, I'm 
concerned as much about China and Russia and their capability 
to use AI to develop weapons systems that we have never really 
thought about as being in the forefront of a major and direct 
threat to the United States. And I'm going to talk about 
biologics, in particular. We know that China and Russia have 
significant capabilities with regard to AI, and that using AI 
you can make rapid advances, as you've noted on pages 30 
through 33 in your report, that with AI you can very rapidly 
develop your biologics. I'm concerned about the fact that it 
may very well be used as a weapon system.
    I'm not sure who to direct this to, but I'll start with 
Director Wray, and if you'd like to pass this on, that's fine. 
But it seems to me that this is an area that if we're not ahead 
in time to be able to identify and stop them, that this is 
probably as much of a threat to the United States as any other 
that we've got today.
    Director Wray. Well, I'll start, and others may want to 
chime in more from a military perspective. What I would say is 
that from an FBI perspective, one of our priorities is 
protecting American AI innovation from theft, especially from 
the Chinese. America leads the world in AI innovation and AI is 
often--to Senator Gillibrand's question, for example, about 
detecting deepfakes--one of the best weapons against AI is 
better AI. And so, we need to protect that innovation. And 
we're keenly concerned that the Chinese, which have, as I've 
testified repeatedly, a bigger hacking program than every other 
major nation combined--if they steal our AI to power it, it 
makes words like ``force multiplier'' sound like an 
understatement.
    Senator Rounds. And may I just, in one last thought, just 
on page 32 of your report, you make it clear that Russia, 
China, Iran, and North Korea probably maintain the capability 
to produce and use pathogens and toxins. And China and Russia 
have proven adept at manipulating the information space to 
reduce trust and confidence in countermeasures and U.S. 
biotechnology and research.
    Thank you. Thank you, Mr. Chairman.
    Chairman Warner. Senator Ossoff.
    Senator Ossoff. Thank you, Mr. Chairman. Thank you to our 
panel.
    Director Wray, I believe you noted this earlier, but do you 
share my view that the threat of terrorism associated with 
unlawful entry through the southern border poses a serious 
threat to U.S. national security?
    Director Wray. Yes. I've testified repeatedly that we are 
concerned about the terrorism implications from potential 
targeting of vulnerabilities at the border.
    Senator Ossoff. How would you assess the present level of 
threat and risk of a terrorist attack in the United States 
compared to past periods during your tenure?
    Director Wray. Well, even before October 7th, I would have 
told this Committee that we were at a heightened threat level 
from a terrorism perspective, in the sense that it's the first 
time I've seen in a long, long time the threats from homegrown 
violent extremists, that is jihadist inspired extremists, 
domestic violent extremists, foreign terrorist organizations, 
and state sponsored terrorist organizations, all being elevated 
at one time. Since October 7th, though, that threat has gone to 
a whole other level. And so, this is a time, I think, for much 
greater vigilance than has maybe been called upon of us before 
October 7th.
    Senator Ossoff. Is the FBI postured to understand the 
extent of the terrorist threat associated with the southern 
border? We've been briefed on some specific threats. Do you 
feel that you know enough to assure us that the FBI is as well 
across it as you can be, or do you need more resources, or do 
you feel you're flying blind and not able to define the 
potential scope and extent of the threat?
    Director Wray. I think we are working very hard with our 
partners, but there's no question that we need more resources 
to combat the threat. I'll just give a concrete example. 
Through working with DHS, they collect DNA samples, and we 
provide kits to DHS to collect DNA samples from the people 
coming across the border, that then get sent to the FBI lab. 
That's part of why we asked for a significant enhancement 
because of the sheer increase in people coming across means a 
sheer increase in the number of samples that need to be 
collected. That's what helps us identify those people if 
they're then committing crimes somewhere in the United States. 
Or as happens all too often, unfortunately, they go back across 
the border and tried to illegally reenter again. So, we need to 
be able to process those samples quickly. There's a backlog. We 
asked in the '24 budget for enhancement. Not only did we not 
get an enhancement, there was a 10 percent cut to the Terrorist 
Screening Center. So, whatever happened in '24 happened in '24, 
but I would urge Congress, as we look at fiscal year '25, that 
we can't double down on those cuts if we're going to be serious 
about protecting the border.
    Senator Ossoff. Well, speaking of Congress, I think it's 
worth noting that a serious, tough bipartisan border security 
measure was put forward in the Congress. In fact, coauthored by 
a conservative Republican Member of this Committee, which would 
have surged enforcement resources to the border; which would 
have provided substantial resources to fight cartels, and to 
crack down on fentanyl trafficking; which would have tightened 
asylum standards and expedited adjudication and therefore 
removal timelines for those who were trying to enter the 
country without a valid reason to. The former President put out 
the word that he wanted the bill stopped for political reasons 
and the bill was stopped. In fact, not only was the bill 
stopped in the Senate, it was denied even a debate on the 
Senate floor. And this speaks to the corrosive impact of 
extreme partisanship and polarization in this country on our 
national security.
    So, I'd like to ask you, Director Haines, how do our 
adversaries view the impact of political extremism and 
polarization and partisanship on America's strength and 
stability? We're talking about worldwide threats. Those threats 
can exploit our own frailties here at home.
    Director Haines. I think the best way I can answer that 
question is to point to the fact that we've seen that both 
Russia and China, for example, have taken the opportunity to 
highlight where there's political dysfunction or other issues 
that they see in the context of our governance and use it as 
part of their information operations globally. And both to 
highlight, for example to their own populations, that democracy 
is quite challenging and would you really want this at home 
kind of thing. And also, to demonstrate to our allies and 
partners that maybe we can't be relied on as effectively.
    Senator Ossoff. Thank you, Director Haines. Thank you all 
for your testimony.
    Chairman Warner. Senator Kelly.
    Senator Kelly. Thank you, Mr. Chairman, and thank you, 
everyone, for being here today. I've been sitting here since 
2:30. There's often maybe an advantage for going last in one of 
these hearings.
    I was going to say it was the elephant in the room until my 
colleague from Georgia brought it up. But as I've sat here, 
I've heard most Members of this Committee ask something about 
the southern border--not everybody but the majority. I've spent 
a lot of time on the border, perhaps more time than maybe 
anybody on this Committee, maybe with the exception of Senator 
Cornyn, who I've traveled to the border with. And I strongly 
agree with what most of my Democrat and Republican colleagues 
have said about the problems and the challenges. Fentanyl 
coming north, precursors often from China heading south, 
violent extremist organizations, Chinese migrants who might be 
in Maine selling rather strong marijuana, ISIS, Iran proxies, 
problems in Mexico. Over and over again, they've pointed out 
all these problems. And I've worked on this issue, providing 
more pay for Border Patrol, closing gaps in border wall along 
the southern border, where they make sense, and they certainly 
do in a lot of places. More money for NGOs to help Border 
Patrol.
    Director Wray pointed out, talking about how we need more 
resources to combat the threat, and it helps when DHS gets 
those resources. And we had the opportunity to do something 
about it. We really did. More money for technology, including 
fentanyl detection, more Border Patrol agents, more asylum 
officers, more authorities to rapidly expel individuals, a 
change in the credible fear standard, more money for detention 
facilities, more visas to reunite families. And this 
legislation was endorsed by the Border Patrol Union. And it had 
strong bipartisan support--until it didn't. And my colleague 
from Georgia points out why it didn't.
    Director Wray, is it in your assessment that more resources 
and stronger policy that could help your partners, not 
necessarily the FBI, but DHS. Is that your assessment, that 
that would help deal with all these things that were mentioned 
in this Committee hearing today?
    Director Wray. Well, I'll leave it to others to speak to 
policies. But certainly, in terms of resources, not just for 
DHS but for the FBI, we need more resources to deal with all 
the threats that emanate from the border that we're responsible 
for.
    Senator Kelly. Director Haines.
    Director Haines. I don't have anything to add to that.
    Senator Kelly. Director Burns.
    Director Burns. Nope, I don't have anything to add. I 
agree.
    Senator Kelly. All right. Well, I'm going to yield back the 
remainder of my time, because I think it's the failure of that 
legislation, that alone presents a national security threat to 
this country, in my view.
    Thank you, Mr. Chairman.
    Chairman Warner. Well, thank you. Let me thank my Members. 
And let me also just say for a moment we have strong views on 
this Committee. But one of the things I think that we have 
always taken some pride in is that we can disagree without 
questioning each other's patriotism, without questioning each 
other's motives, and I hope that tenor will be maintained.
    Members on this side feel very strongly, I felt very 
strongly on the border bill. Members on the other side raised 
legitimate questions about the border, as well. I do hope, 
particularly as we deal with our intelligence professionals, 
the one thing we've tried to have this Committee always do, and 
frankly I learned from people like Richard Burr and Dianne 
Feinstein and Saxby Chambliss, is that that disagreement, at 
least in terms of the Intelligence Committee, should not go in 
terms of ad hominem attacks. I don't think I heard that. I 
heard huge policy differences. We ought to have those. But the 
one thing I hope and pray is that we maintain these notions. 
Because the intelligence professionals, who never get the 
recognition they need, look to this Committee to be I hope an 
island of sanity in an otherwise sometimes challenging 
political environment.
    That doesn't take away anybody's views; it doesn't take 
away anybody's right to have those views. But I have enormous 
respect for every Member of this Committee regardless of which 
side of the aisle they sit on. And we're going to go at it time 
and again, but I hope we owe our intelligence professionals 
that kind of notion, that just because we're on different 
political sides of the aisle, that neither political party has 
a monopoly on truth or patriotism. And we can have differences 
of opinion without questioning each other's truth or 
patriotism. And with that----
    Senator Risch. Mr. Chairman, I'd like to reclaim my time, 
please.
    Well, Mr. Chairman, first of all, I can't let this go, the 
last two speakers on the Democratic side, without responding. 
Look, I've been on this Committee for 15 years, and we do a 
really good job until politics do creep in. And that's what's 
happened here this afternoon with the last two speakers.
    These are the facts. The last President of the United 
States closed the border. He closed the border down to almost 
zero crossings by the time he left office. He did it even 
though he was sued over and over and over again by people from 
the other side of the aisle. But he shut it down and he shut it 
down under the law that's in effect today.
    Congress has done its job. It passed a law saying you 
cannot enter the United States without authorization. That's 
the law today. When the current President came in, we all know 
he took the policies of the former President, tore them up, and 
rescinded them, and now we have what we have.
    As far as the bill that's concerned, everybody's talking 
about the former President making phone calls. He never called 
me. But I can tell you this. I will not vote for any bill that 
allows any illegals to cross into this country. And everybody 
here knows that bill would have allowed 5,000 a day to come 
into this country. That's not for me. And I don't care if the 
President calls me or doesn't call me. My red line is not one.
    What we need to do is enforce the laws that we have. You 
want to talk about the front door and how we let them in the 
front door? I'm all in. But the back door has got to get 
closed.
    Thank you, Mr. Chairman.
    Chairman Warner. And I would simply add that the former 
President and a number of my Republican colleagues had 
repeatedly said: to make the kind of changes you need 
permanently on the border, you need legislation. And that is an 
ongoing debate. It's a debate that we'll have here and 
elsewhere. And what we need, and the most important last 
comment I'll make because we will be breaking and going into 
closed Senate, is we need an Intelligence Community that's 
going to never be afraid to tell truth to power. And truth to 
power sometimes means telling us on both sides of the aisle 
what we don't necessarily want to hear.
    I think you, the witnesses, and frankly the men and women, 
literally thousands of them, who you represent, do that on a 
regular basis. And at the end of the day, while we may hassle 
and haggle over some of these policy things, the most important 
thing you've got to do is keep speaking that truth to power, 
even when we don't want to hear.
    We are adjourned until we move into the classified setting. 
(Whereupon at 4:52 p.m. the hearing was recessed, subject to 
the call of the Chairman.)

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