these people may lose the ability to maintain employment that requires travel or because the government shares information about individuals inclusion on the watch list with a prospective employer. watch list entries have a high areas like the doj inspector general reports through the most recent 2014 ig report suggests that there are concerns regarding the agency's processes and procedures. the report found redundant and inefficient processes that clog the system and says the fbi average is 44 businesses to add suspect did terror suspects referred by their agencies but it takes twice as long 78 days on average to remove cleared suspects, former suspects. director comey i believe defending our nation against terrorism is important but i also think we have to carefully balance that with their civil rights and liberties under the law.

what specific steps is the fbi doing to ensure that innocent americans are not incorrectly placed on the no-fly list and what reforms are being made to ensure that those who are erroneously placed on the lists are quickly removed? >> thank you. i know i agree with your premise that it's important to protect our liberties. i know we have an extensive process that we go through before someone can get on the list to make sure we have got it right and as you said i'm aware of the process to remove someone if there is a mistake or the matters and close in some fashion. i don't know enough to respond to your concern about the time lag or what improvements are needed. >> could you respond to us in writing? >> sure. >> let me then ask about hate crime tracking. after the 9/11 attacks hate crime and violence committed against individuals in the seikh hindu and arab communities has

increased. in receipt years there has been violent attacks across the country including the horrific massacre at the seikh temple in oak creek wisconsin that took the lives of six worshipers. in march of 2013 there were 100 members of congress including myself is sent a letter to the fbi and the attorney general holder urging the fbi to include the religious groups and arab-americans and hate crime tracking for instance tracking them as seikh or anti-seikh or anti-arab or anti-hindu crimes rather than an all-encompassing category. we welcome the fbi's announcement last year that they will be expanding the hate crime incident reports used by law enforcement to include crimes motivated by bias against seikh's induce another arab-americans against religious groups so director comey could you please provide us with an update on the status of the revisions to the hate crime tracking program and when you

expect the updates to be completed? >> i will have to be give you the particulars and writing that i'm aware the issue and we have made progress in updating the categories you talked about. most importantly to train our state and local counterparts about this because they are the ones who supplied the data to us about what these categories mean what why they matter. there has been a tremendous amount of training going on but i will have to follow up to give you the particulars on that. ..

>>eñ >> and with the non it doj entities to make sure everyone is waiting on a regular basis to coordinate. i think they do that already better looking to improve but i ask my domestic terrorism guys the next morning i don't think it will change our life at all because we have been doing this and what we have heard about. >> could you respond in writing? thank you. i yield back. >> the time has expired

recognizing the gentleman from idaho. >> good morning. actually i enjoyed your presentation and answers i like your fourth right ability and i enjoy listening. [laughter] you still have nine years ago. [laughter] as deputy attorney general under the bush administration in your refuse to reauthorize the warrant tapping program and i commend you that was a great move on your part. you stated you were asked to be a part of something that is fundamentally wrong. my question is what is it fundamentally wrong because it was not authorized by congress or because it was not constitutional? >> that situation involved programs i will still be careful because i don't know

what part has been declassified but i a concluded not a legal basis under the constitution or statute for continuing it. >> so with dedication did you have a problem even if authorized by congress i understand later the administration sought authority mostly because of your statement. if authorized by congress to you think that would have been a constitutional or just the legal authority? >> i am searching back in my memory. i am not sure if i remember well enough. my concern was someone who devotes my life to the rule of law there has to be adequate basis either in the

constitution or a statute by congress. if congress had acted and that action had not been challenger overturns that would have been adequate funding -- fluting. >> savvier in the list of soliciting twos service members to their girlfriends new york is the web of wiretapping was challenged the solicitor general promised if ever used in a court date would be notified. but last year reuters report found doj is using information for croquet's is without informing the defendant from the origin of the case for cody believe that is lawful with that intercept? >> that is a complicated

question to make sure don't talk about anything that is classified but though way id which we interact with information collected or by the fbi is entirely lawful i don't know the history will live up to comment but it is now the practice where someone is notified of the circumstances that you talk about. >> the report is they were supposed to be notified but have not would to investigate these allegations of they were not notified? >> i expect to the inspector general could have jurisdiction that is the most i can say based on your question. >> maybe we should have a conversation about this. thises in area of concern with the nsa abuse and we are all concerned about the fourth amendment protections

and from your testimony it sounds like you are as well. hopefully we can work together. i yield back. >> thank you. i have the utmost confidence in louisiana and part of what you brought out with public corruption in the system more or less something that every a couple of months getting released from prison because of prosecutorial misconduct and public confidence is so

important at one -- at what point does those sacks of misconduct rise to corruption? >> that is a great question. identify call with public corruption of willful misconduct someone you knew to be in some -- innocent could be criminal conduct the label does not matter. >> is this something you would commit to? i think it is very important for inner-city communities to have that confidence to step up for witnesses to place their confidence in the system to know that it is on the up and up and because of a violation of something of that nature, something i would like you to look into. i hope your open to doing that. the other saying i would

like to break up is there is an article may be one year ago that talked about the fbi will track criminal conduct by their informant. do you do that? >> yes. >> do you have a range or do you tolerate certain acts as acceptable as it leads to a bigger fish? >> almost like "fast & furious" looking at the drug trade of inner-city communities even though they become an informant to leading to a bigger fish you still create an addict and a crack baby although my colleagues don't take it that far. i am also worried about that

with the drug trade and i see that in my community to see if you have approached it like that or have conversations about continuing to what informants to what they do. >> it is something we worry about a great deal. unfortunately the way it works the best view of criminal activity will come from a criminal so those who are not informants have done those things before so restudy that if we are very worried about the informants' committing criminal act after working with us and that is subject to a regime where if an enormous will continue to be involved there is a bunch of complicated players that we approve that or disapprove that we do want people committing crimes ... it is necessary or monitor to take down a bigger fish.

>> the other part is when the investigation starts to affect political elections the d.c. mayoral race where it came out the candidate was under investigation that they said it just happened to me that time but then pointing to the north carolina mayor that federal agents gave money to years ago and we allowed him to stay in office and run for mayor, get elected then indict him now it will cost taxpayers a special election and to knows what he has done in the meantime. >> trying to play politics if we know someone is a bad actor we act on it immediately or don't effect

elections that is the big concern of mine but they q for the job you do and your agents put their lives on the line every day. but i am concerned of the inner-city kennedy's how we deal with weapons of mass destruction with assault weapons and as let's get the of big drug dealers also. >> we now recognize the gentleman from north carolina. >> director comey your previous experience as a career assistant u.s. attorney has to be some of the best experience you have for making a successful directorship of the fbi. i recall i was the u.s. assistant attorney and it is the previous experience that makes your tenures of a

successful. you were widely regarded as a prosecutor's prosecutor and brought to bear your experience of how things work in the field to make the department of justice work better and i thank you will do the same for the fbi. it your experience as the u.s. attorney and from what you hear from your troops how important is cooperation with the federal investigation of any variety? vivid critical is the coin in the realm as you should know from your experience. >> how important is minimum mandatory sentences to get that cooperation?

>> significant it is a useful tool to elicit cooperation throughout my career. >> when a defendant looks set a mandatory five years or 15 years or 30 years in the only opportunity to get out from under that sentence is to provide substantial cooperation to the government is that the into saying factor? >> yes. i have seen it hundreds of times. >> the assistant u.s. attorneys are deprived of that tool in the toolbox to get cooperation will that having an impact on federal law enforcement with your ability as a federal officer to get your case is successfully completed? >> if we lose that tool. sure.

>> again, talking about your tenure, and i seem to recall you were involved in which was the going after convicted felons with firearms or a single piece of ammunition used in the federal firearms laws to take those sophistry in wholesale fashion. >> we call the project in richmond but to said the very powerful message to criminals. >> as the deputy you oversaw project safe neighborhoods which is the same thing to go after felons do catch them with the firearm to put them away for a minimum of five years or life

imprisonment. >> we did that across the country. >> is it your recollection is the decline across the country where that program was implemented that it was related to the implementation and? >> i always thought when you send the message as strong as we sent. >> also your experience as an assistant and u.s. attorney and a deputy and certainly your role now coming is it your experience that federal prosecutors prosecute non-violent drug offenders on a regular basis >> i don't know they have never done that. >> if you were told federal prison more than 50 percent

are non-violent drug offenders would that surprise you? >> more than 50%? >> i don't know but that would surprise me. >> that statistic has been alleged several times by members of this committee and i find it unbelievable. i don't believe it is accurate because being in the attorney's office for 10 years at of thousands of cases i don't recall a schooling after a non-violent drug offenders. >> sometimes we would to flip them if i was working fun getting case -- working the of the game case. >> we now recognize the gentlelady from texas. >> i am over here.

>> let me thank the chairman and ranking member as well for the yielding of the time to put on the record for my colleagues we were in a homeland security markup and therefore i did not have the wisdom of a the question is asked and maybe answered by my colleague. i will start off to congratulate you for your service with many directors reid know how important the responsibilities that you have far and how important it is to have an agency with such high esteem reflect diversity of america with the of reach and the diversity numbers of women and african-americans and asians? >> with our population? >> sitting here i cannot give you the exact figures but it is not a kiddie

nothing and that is below the workforce of similar cohorts. >> get me the numbers and what it is suggested door implemented under your leadership that it is not a good deed of? >> talking about it a lot i sent dave message to all 36,000 employees explaining why i care about diversity and why it matters of effectiveness and to do the right saying so i sent to try to drive my view and on a more tactical level with the recruitment efforts in the job fair as it is a complicated answer but there is a lot going on. we have progress to make. >> tavis like to get those numbers and work with the

fbi on its approach. but in the local areas thank you for that fact. one of the most important aspects is to let the local community know what they do when a member of congress calls for them to join in a town hall meeting or university that is non-partisan to be engaged with the community. i hope you view that as the important role. >> i speak to all once a week. >> you are my representative so get out there. the of maurice you know, the fbi the more you like we just have to talk to folks. >> i want to pose the question i am from texas and

we have been dealing with a case that seems to have been caught in a quagmire of an african-american male that was designed as of the killing the body was found 18 days after it was reported in well-liked and the glove from a family in the area and with that on killing investigation i will request a general briefing on the parameters. this has gotten caught up of the scale of injustice that is almost unbelievable with local officials and even federal law enforcement if there's a to a close relationship and i don't

make these allegations but as the inquiry. land i want to get of briefing at this time. also the case which i believe of the young man shot on his own front lawn with his parents saying this is his house in his car by a police officer in texas. unfortunately he was acquitted we're asking for the every investigation asking unanimous consent to put it into the record. >> without objection. >> with local police abuse cases and second i think mr. holder made 1.but to

prioritize with the of major actors that with the federal system but will not hurt anyone? >>. >> with respect to the drug cases in those in the particular community working on the lower of the fall of the other it is hard to take the street to gain with respect to the civil-rights cases with the police brutality cases interruption are the important part of the civil rights investigation and priority as you may have seen people from the shares

offices and las angeles. >> the time has expired. >> i said the name incorrectly. i wanted correct in the record. the name would be robbie tolan. >> the chair recognizes himself. thank you director for your testimony suggesting the fbi is probating the scandal of the veterans affairs. >> yes. the phoenix office is. >> i would encourage you to probe that.

to cds end up with of attention to be held accountable. in terms of benghazi and perpetrators at this point to find them to bring them to justice at this point? >> in any case all instruments are brought to bear. >> render standing you don't have that legal authority for whoever you want to uc committed. is that your understanding? >> i don't want to talk about how i approach that investigation and don't want to get anything away. >> that we've run into a problem that they them have the authority to respond but

what happens is leading up to that? there was no congressional authorization for that. but somehow he would not have the authority to seek a reprisal attack that does not square with me to seems there would be the intervention with the weaker case especially given in 2001. the reports the fbi had noticed we starting to use the islamic militants to wage jihad and syria and the report a couple weeks ago about a suicide bomber from fort pierce florida from syria.

but to wage jihad with those types of people of those in the homeland. to with those affiliated groups and to get the worst kind of training to develop the worst kind of relationships because they are americans to do very bad things here. not just the fbi but all parts of the west's governments. >> what tools do you use is not committing an act of violence? how do look to stop them? material support statute?

you want to get them before they strike. >> all of the above. typically tweet charged with attempting to give support to a an organization or providing support but frankly we will use anything we can to become further radicalized. >> with the conservative film maker that is writing critical books about obama and the movie and the can play -- cnn campaign finance that they were reimbursed and i think that context the decision to charge him criminally the fbi had to put out a statement that came across to a routine

review but i thank you know if you review the report with the name or the donation there would be no indication he would have a you reimbursement steady with a routine review that does not seem to be sufficient to trigger that type of inquiry so how could that routine review of the ftc filing wednesday to the inverse -- reimbursement indictment? >> i can imagine in a circumstance where coming from a similar business or connected to a person could see to the inquiry that could look at that the nation in scheme but i don't know that case well enough. >> there will be families who will donate if that is enough to trigger thank you would see more and more

cases brought criminally. it is not your decision but i would like to explore that with you further in private. my time is expired. >> we now have the gentlelady from washington. >> thank you for your time and service we have been deeply disturbed by the revelations of misconduct that the veterans' medical facilities the department continues to report with the inspector general and they are looking and 69 facilities. i want to understand will they look more broadly going beyond the phoenix issue? with those resources that they think are important

with the investigation? >> it isn't something i can answer at this point i don't think i would it away with a criminal investigation but we will follow wherever the facts take us we opened it there because that was the primary focus of the original allegations but we are working with the v.a. i gm will follow the facts. >> it is the important issue. the white house release the findings of the big data review one of the recommendations was congress should amend the electronic communications privacy act to assure the level of digital content is consistent as with physical material but that was written in a time before e-mail change the way we live and work and the current log gives projections for a filing cabinet. but the administration has

recognized the law is very agitated and do you agree we need to update the policy? >> license is the administration has communicated that. there is the outdated distinction of the bill under 180 days in theory you could obtain without a search warrant we don't treated that way we get a search warrant in a matter how old saw that would not have any effect on our practice i have heard the concern and it makes sense. >> we have an e-mail privacy act h.r. 1852 to make updates to address the issue to require law enforcement to obtain a warrant to gain access of the content for those stored in the cloud and has 216 co-sponsors.

i also want to echo concerns from my colleagues felt the bureau's work of human trafficking. these are horrendous crimes we have seen operations cross-country to recover juvenile and young adults through prosecution and that is commendable but not to how to make dead-end to and the prevalence is staggering so are there tools to combat online trafficking and what are the challenges that you face what can you do to help that? >> wheat looking at the

investigations online so people do that as we speak. of one of the challenges is the increased use of encryption especially those who would harm children to say it is terrible they want to break encryption but no its not with lawful authority and involvement of the courts i need to do that but it is of a technical challenge that is increasingly difficult to. the back page issue is challenging because there is certain first amendment issues but i don't want to say more at this point. >> thank you for your time. >> led chair recognizes himself for five minutes. as my colleagues have indicated we appreciate you

being here and we have something in common we're both graduates of the college of volume and mary i graduated 75 perhaps at the end of the hearing we get a quick shot to send it to the alma mater. [laughter] >> we used to be the indians and tell it became politically incorrect. >> but now we are the tribe. >> club mythological figure. >> so i am told. >> in any event will come. first of all, to bring up again i have to hearings going on at the same time but relative to the china hacking and church is recently in those military

hackers and economic espionage and in particular it is slander standing alkyl love and westinghouse and others were targeted by the military hackers. also the chairman on the foreign affairs committee so with the particular interest in the us with the persistence of cyberspeenine etch if you could relate briefly with the guests -- the fbi is doing about that and we'll be introducing legislation in the future but one thing is calling for the fda -- fbi to expand the

warnings they are now giving to american companies how they are susceptible to cyberattacks and other types of attacks with the u.s. peace drive -- u.s. me and we look forward to working ways you and your people with head a modification we would welcome your cooperation in that effort to. >> as i tried to explain there of the two types of big companies those who have been hacked and those that don't know they have been hacked. [laughter] it is enormous problem they try to steal everything that is not nailed down or maybe that is so we give nationals cyberinvestigative task force to track the

intrusions the we have to get better to share information with the private sector because they move that the speed of light behalf to get better to facilitate private entities because they will see things before we do and that is a huge part of the answer by it is the dermis feature of the cyberwork that the fbi does. >> thank you. we know china is probably the overs factor is there a handful of others we need to be wary of? >> sure. the internet is a very dangerous neighborhood there is a stack of bad actors to terrorist groups organized criminal groups because where our lives are that is are bad people come. it is a very complex challenge. there are other states

actors and i sure want to point the mound in the open hearing but you can guess. >> in those 48 seconds this has been brought up of relative to the irs targeting searching groups i represent cincinnati that was the location of the irs facility that was most directly involved with the initial talk about or correct me if i am wrong it is still under investigation but we help and expect the fbi to give this full consideration to get to the bottom to prevent this from happening again.

>> the gentleman from new york is recognize. >> they give for that tremendous service we have a gun violence problem in this country that should shock the conscience of every single american and. we have 5% of the world's population of 50 percent of the world's tons estimated there are more than 275 million guns in circulation some of which in the hands of criminals or the mentally ill. also since the tragedy in newtown connecticut and more than 14,000 live in what had

hit having killed since newtown. in more than 70 school shootings with that gun violence of radiate to do everything possible to thwart the growing issue. >> i have devoted my entire career to deal with efforts to reduce gun related violence so whenever we can do to keep guns out of the hands of criminals is worth doing. >> i respect the opinion you articulated you don't feel it is appropriate to to

comment on legislative measures that congress could undertake that we all acknowledge is a significant threat to this country to our health and well-being but what can you provide in terms of recommendation what congress could do to deal with the issue of gun violence in a more robust fashion? >> with respect to the fbi you are right the policy questions are not to opine that we have to get better to get the records into the background check to allow the gun dealers with a significant issues which is the challenge across the country. >> garett may we're not doing anything possible

coming with the $275 million to find themselves and then hands of individuals to commit acts of violence who might to our children or the people of america harm. you are familiar with the economic espionage act? with that economic benefit of foreign entities. >> was the vehicle used to recently charged agents of the chinese government? >> is of particular case of the cybercase stemming the

counter intelligence division has jurisdiction tear prosecute the trade secrets? is that correct? >> both with the counterintelligence division. >> it is my understanding the number of trade secrets theft and cases increase between 2009 and 2013. but there was a recent report at the national counter intelligence executive that losses to the economy from trade secret theft is tens or hundreds of billions her your. on dash per year. >> that is the huge numbers. >> given the the of massive nature of those posed by

trade secrets is important to make sure your agency has the resources necessary to combat this issue but there is no companion civil statutes to provide u.s. companies with the opportunity on a civil track to deal with trade secrets theft. would it be reasonable to consider an additional weapon in the toolbox to empower those united states companies. >> i don't know enough to respond but the fullers the toolbox of better. >> the gentleman from rhode island is recognized for five minutes then this is the final question this morning. >> i want to build on the

question about gun violence. and regrettably we seem to be working and congress is committed to do nothing about it. but because of the of leadership of project exile the programs that became a national model to invest since the efforts to reduce gun violence and risk project safe neighborhoods to build upon the work is the effective program but we did provide funding but looking at funding of $8.5 million that barely failed but whether or not it should include investments for project safe neighbors.

>> i am not in a position to do comment on the particular budget matter but it is hugely important. in my experience criminals can change behavior with respect to guns they gave no more thought to use of a gun than what shoes he wore a but our goal is to make that the object of focus because most common set -- homicides are happenstance the assassination is a disagreement so it is important to change behavior with those messages. >> you have a responsibility with jurisdiction over a wide range to combat the violence and the fbi overseas the system.

you should not apply in about policy but you have a responsibility to enact a policy which enhances public safety. i assume you would agree that for every purchase of the firearm that captured or prevented criminals would enhance public safety and national security. >> anytime you can keep the gun out of the hands of the criminal you have done a good thing spinning so we require criminal background checks. >> that is where you cross. i am not a policy maker the attorney-general decides that. >> of criminals don't get guns. >> but similar way to

prevent those letters seriously mentally ill to have of firearm ought to be prevented from fire are -- purchasing a fire arm and the best way is a robust system for accurate information is reported from purchasing a firearm. >> recognize a that vast majority are not violent but talk about that category of individuals what is the fbi doing in conjunction with state efforts to ensure they share that information accurately put into the national database preventing people with serious mental illness from purchasing firearms? >> communicating constantly to our state partners to tell them what records we can accept and what form it is useful but the job lies with the state's to get

their act together that there is the vibrant dialogue between my people that runs the background check system and to help the flow. >> this is the critical issue for our country looking at the most recent examples of terrible gun violence caused by some serious mental illness that should not have access to the fire arm. >> thank you for your testimony. >> we have no more questions so this concludes the hearing and without objection have five days to submit written questions we are adjourned. they accuse. [inaudible conversations]

>> we will need to learn again how to work together together, how to compromise

compromise, how to make pragmatic decisions. with the upcoming midterm elections americans will of choices to make which path they want to go down and if that makes the investments we need in our people. but for all lots of us in the private and non-profit sector we have work to do also. government does not have a monopoly on good ideas obviously in even if it wanted it could not and should not try to solve all the problems by itself. we have responsibilities to do what we can.

>> wets people don't always

recognized during the air -- the war 1812 was bought into early 1815 and it was about to america are re-establishing its independence against the british. this was our second american revolution. of this flag is the object of which francis scott key penned the words that became our national anthem. >> this is the image did in 1995 before it was restored. there is so whole bottom section when the flag was brought into the space there was a deliberate decision not to do data again. it becomes a metaphor for the country tattered and it will survive and reared by trying to make it both pretty but look like has

into word in its history and to celebrate the history. [inaudible conversations]

>> we will welcome the jade johnson to the judiciary committee for the first oversight hearing as department of homeland security for the record we're starting late because we had a roll-call vote on the floor. both senator and grassley and i wanted to call the eight members. but for the past seven months secretary johnson has led an agency that play is of vital roles to provide disaster relief and to ensure cybersecurity also as the price irresponsibility to implement to enforce the immigration laws that he has acknowledged is broken. one year ago the committee came together after weeks of

deliberation. weave it into the evening to pass bipartisan legislation and then head debates on the senate and pass it in the senate with a bipartisan majority to unite families, to help the economy and from grover norquist on said it would give a huge boost to the economy to protect the borders. we knew the last year the cost was too great team and members of this committee of the full senate passed historic legislation of this system worthy of american values. but the house leadership refused to act. . .

young children seeking a better live houston facilities at the border. even this morning's news showed pictures of that. the pictures are shocking. so are the numbers. 6560 unaccompanied children across the borders. some younger even than my youngest grandchildren and those numbers are now skyrocketing. justin last seven months nearly

50,000 children have already been apprehended. that number will likely double before the end of 2014. more children then -- present oak obama has said this is an urgent humanitarian situation i agree. it's overwhelming the agency is responsible for these children through. the senate passed immigration bill would address this issue. it would address how it should take that bill up immediately. i'm deeply concerned the conditions and the treatment of other immigrant detainees especially those who are sexually assaulted while in custody. when congress passed the leahy cretul violence against women reauthorization act last year including a provision designed to prevent sexual violence at dhs facilities and i think the

department for issuing compliance regulations. i look forward to hearing about the changes underway to stop the abuse. reports of border agents using deadly force. agents have been assaulted with rocks and responded to deadly force 43 times and there have been 10 deaths. one who received a death sentence was josé rodriguez a 16-year-old boy who was shot multiple times including in the back of his head. he should not have thrown a rock but he should not have been shot 20 months later the investigation of the boy's death is still without resolution. the border patrol's recently released a policy handbook and help personnel should respond to threats. we need more transparency. we need more timely resolution

so families involved can have closure and agents can have better training. human cost for broken immigration system is a powerful economic cost i have long championed eb-5 regional center programs because the job creation potential for vermont in other states. senator sessions is joining my on that. it is done with no cost to the american taxpayer. absent congressional apps -- permanent the program's potential is unlimited. the visa process to undermine economic development where it's needed most. can slow down the program's growth and interinvestments out i urged consideration of eb-5 applications. the status quo is not an option. it's not sustainable for our families or our economy for national security.

the humanitarian crisis we now face is the latest reminder on why house republicans must act as we did in the senate a year ago. republicans and democrats came together to fix our broken immigration system. we waited too long. the republican leadership in the house should join us in this important event effort. i look forward to discussing these issues with secretary johnson i yield first two the senator and we will hear from a secretary. >> secretary johnson i appreciate you being here. it's essential to congress's oversight of the executive branch. you have committed to harboring for congress and i appreciate that. i hope you have instructed your staff to respond to every letter in a timely manner. there are some letters that are older than before you became secretary that the department still has not responded to and of course the fact that those

weren't respond to art your fault but maybe you can do what you can to speed out what other secretaries haven't done. so many times answers are not responses so it's especially nice to have you here today to provide answers on issues that we all care about. two weeks ago the judiciary committee asked you mr. secretary to explain why the department released more than 36,000 convicted criminal aliens from custody in the year 2013. at that time you didn't have an answer saying that you wanted a quote deeper understanding of this issue so i look forward to hearing today what you have learned on those issues in the last two weeks because releasing 36,000 people with criminal convictions is no small matter. these individuals that have been convicted of homicide sexual assault kidnapping and there are

many of them drunk drivers and drug offenders and of course now they are free roaming our streets. the cannot hide behind the police of these individuals do to court order although that may feature in some cases but in many cases the decision to release was entirely voluntary. the department needs to explain those decisions in specific cases and in detail. i'm also concerned the president believes he can and should act on his own when he doesn't get his way with congress. he said and you have for this quote. i've got a pen and i've got a phone. for example 2012 congress was not consulted about deferring enforcement action on individuals in the country illegally. the department made its own rules and the programs have proven to be a haven for loopholes in mischief. the secretary just announced the renewal of the program.

for the example the administration got a requirement made to process easier to reapply by eliminating any need to provide evidence. what is alarming is the department confirmed that it does not routinely check the validity of documents presented by applicants. when applications seem to be rubber stamped unlawful status is so easily obtained. it's no wonder there has been a surge of unaccompanied million minors at our southern borders. the number of miners coming tour country is climbed from 6020 -- in 2112 and expected 145,000 next year. some are calling it a humanitarian crisis. quite frankly it is. these of course are vulnerable children. they are being guided through deserted areas of of joining countries with their lives on the line. there escorted with strangers

away from family in some cases not knowing what lies ahead. there's a massive potential for these children to be abuse and effete administration doesn't do its due diligence to verify the relative or parental relationship when it releases these children then of course those same children will be put in the hands of or traffickers. children are being lowered into these dire circumstances. quite frankly by false promises to the administration has refused to be serious about immigration reform. it's got a policy of just get to the answer, yes and that is a philosophy that has sent a signal that everyone has a chance of getting immigration benefits even if you have to break the law to get them. the administration is finding ways to get around the rules implementing many recommendations in the internal 2010 and missed the memo that was leaked. this is a disaster made by the

administration and only the president can correct it by sending the signals that these people should not be brought here. and that the laws going to be enforced. in other words the president must take responsibility. unfortunately the administration does not seem to be prepared and his failed to propose any solutions that will prevent children from being put in the situation in the future. let me suggest for starters the president needs to send a signal that the law will be enforced and people with unlawful status will be returned to their home country instead of reviewing deportation policies and suggest ways to remove fewer people i would suggest that the president ask -- task you secretary johnson with enforcing the laws we have on the book. what is ironic is that the executive branch is taken action on so many controversial matters but refuses to do more to enclose loopholes and improve

national security in several programs. let me give you an example. in january the first circuit decision paved the way for former gang members here illegally to argue that their status as a former gang member entitles them to remain in the united states. this would open the door to violent gang members renouncing their membership in a race in order to stay here but the department of justice didn't appeal the ruling and i would hope that you secretary johnson would give us your opinion on it and maybe even suggest that it be appealed. the new exemption to immigration laws that were announced by the secretary in january are also very concerning. these exceptions would allow foreign nationals who have provided quote limited material support to terrorists and terrorist organizations that these people could in fact find

asylum in the united states. we shouldn't be relaxing our laws to prevent anyone but connection to terrorism to live here especially when it's reported that up to 70% of the asylum these show signs of fraud i don't have confidence in our government's ability to effectively carry this out. in addition the department's management farriers in administering chemical facilities antiterrorist programs intended to regulate chemical facilities for national security purposes are very well-documented. i've done that in previous hearings although some welcome progress that has been made recently i can -- i continue to be concerned that the program is not functioning effectively. apartment is far behind in meeting its deadlines. operational practice training created by the executive branch regulation provides foreign students to obtain work in their major areas of study during and after completing an academic program here.

in 2014 the government accountability office report found extensive and alarming mismanagement of the program. the department doesn't know where thousands of these individuals are working or whether they are working at all. given the risk that foreign students have proposed -- posed to her homeland i consider this a serious matter so i asked secretary johnson to place a moratorium on a program until he can certify that all participants have been located. two other issue shortly. one is the eb-5 regional program. bad as you know is an employment-based immigration program decide to stimulate job creation through foreign capital investment yet we have been told that this program is being used to facilitate terrorist travel money laundering and investment fraud. the inspector general said the program cannot manage the eb-5 program effectively. the program needs a complete

overhaul and some real attention from the administration before the vulnerabilities have a devastating effect on the homeland. finally i want to comment on the use of drones. the use of drug technology holds promise for securing our borders the department of homeland security should be as transparent as possible about how it tends to use drones. july 2013 it was reported that the customs and border protection document connected to its drone program apparently made public through foia requests suggested the customs and border protection might arm its drones with nonlethal weapons. some agencies reported issuing a statement shortly thereafter disclaiming such an answer but if that is the case why would the documents say that? i yield the floor.

>> mr. secretary or full statement will be placed in the record is though read. before you came in here though you mentioned to me and i think this is a good idea. he wanted to talk about what is happening on the border so i consider your full state and part of the record and please the floor is yours. >> thank you senator grassley members of this committee. you have my prepared statement and in it i refer to the various mentions at dhs including the counterterrorism mission border security aviation security cybersecurity maritime security response to national -- natural disasters protection of our national leadership among other things. in the five minutes i have a would like to focus on the problem of children crossing our southwest border in particular into south texas and the rio grande valley sector.

mr. chairman as you noted the numbers are rising. from 2011 there were approximately 6000 that year. this year it is in multiples of that. this correlates with an overall rise in illegal migration into the rio grande valley are principally from what we refer to as third country nationals, those from guatemala el salvador and honduras are approximately three-quarters of the population. to meet this surge we have had to search resources that are normally dedicated to things such as border security. i saw this situation vividly of myself on may 11 when i visited mccellan station processing center. it happened to be sunday mother's day. i approached a 10-year-old girl

and asked her where's your mother? she told me i don't have a mother. i'm looking for my father in the united states. i returned to washington the next day determined to do something about the situation. undeniably there was a problem of humanitarian proportions. the rio grande valley sector that we must deal with so here's what we are doing about it. number one on monday may 12, i declared a level for condition of readiness within the department of homeland security which is essentially a determination that the capacity of the cpp and i.c.e. to deal with the situation is full and we need other resources of dhs. i pointed to the deputy chief of the border patrol to be the dhs coordinator of that effort for a dhs wyatt response to this situation. on june 1 the president pursuant to the homeland security act

directed me to establish a unified coordination group to bring to bear the assets of the entire federal government. this includes dhs and all of its components hhs, the department of defense, doj, gsa and the state department. i have in turn appointed the fema administrator craig fugate to serve as the federal court any official for this u.s. government wide effort greater goal is to quickly and safely transport the unaccompanied children out of cbp custody into the hands of hhs supplementing this process all along the way in a safe and humane manner and to ultimately a safe and secure environment that is in the best interest of the child pursuant to the requirements of the law. fema has dedicated 70 people full-time coordinating this effort.

we are looking for more space for processing and for detention the department of defense has loaned us lackland airbase in texas to process for hhs to process the kids. we are leasing fort sill in oklahoma for the same purpose. we have gone to a dod facility in ventura california to deal with the processing of the influx of people into south texas. we have had to go beyond mccellan station. we have had to go to nogales arizona senator flake nose. initially we were sending family units to nogales for processing their and then into the interior if they are released. we are now sending children to arizona. as i explained to governor or on saturday night i pledge to deal with the situation as best i can to manage the situation as best

i can. as of now we are sending uac account unaccompanied children to arizona for processing and then onto hhs. they're not being released into arizona. gsa is looking for other space to lease to deal with family units to deal with the children, to deal with the processing of these kids. we brought on more transportation assets. the coast guard at my direction is loading air assets to transporting children from dhs to hhs custody and from one hhs facility to another to deal with the situation. ice is leasing more aircraft. we are doing a preliminary screening for health reasons of all those who come into our facilities in south texas. the office of health affairs and coast guard is leading letting in that effort. we have called upon ngos

volunteer organizations charitable organizations to assist in this effort. the american red cross i have had conversations with direct leap. our request they are providing humanitarian needs for the situation. blankets hygiene kits. i would like to give a shout-out to the texas baptist men who have provided a shower trailers in south texas. the department of justice is loaning resources. immigration judges for faster removal proceedings. in addition to all this we know we must do something to stem this tide so we have been in contact and i've done this personally with ambassadors and other officials in all four countries quite a model of salt but are honduras mexico to talk about our shared border security interest in faster repatriation. i plan to go to guatemala myself in july to deal with the situation. we appreciated our public affairs campaign in spanish and english radio print and tv to

talk about the dangers of sending your kids over the border and the dangers of putting your kids into the hands of criminals smuggling organizations. we have surged criminal investigator resources in hsi and cbp for the prosecution of smugglers, those who smuggle the kids. in may 2014 there were 163 arrests of smugglers along the southwest border. i directed a 90-day surge of hsi personnel 60 personnel to offices in san antonio and houston to work with doj to ramp up our prosecutions of the smuggling organizations. and may i directed a unified campaign plan to deal with the southwest border calling upon all assets of the department of homeland security in a corrugated way to address our border security in the southwest

border and to fill the gaps if necessary to call upon other departments of our government to assist. i've asked that we consider all lawful options to deal with the situation. if their options i want to hear about them. finally members of this committee and the senate we need your help. we have asked away before additional $166 million in fy15 to deal with the situation. i know hhs has also asked for additional funding. i'm providing daily reports to my interagency partners. i'm receiving daily reports on the situation. yesterday we began briefing members of congress and their staffs and conference calls three times a week. i'm told yesterday in our call we had 300 collins. we are here to keep you informed. we can and must address the situation. thank you.

>> i appreciate that because as you know this is an area we are greatly concerned about. instantly i want to take a moment to recognize. we have special guests with here today. normally we don't do this but i want the wreck or to show we have in the audience families who've been personally impacted by deportations and some directly impacted by cbp use -- youth support and i appreciate those. please feel free to stand and the record will note that you are here. thank you very much. mr. secretary it's been a year since the senate passed a comprehensive immigration bill. i mentioned in my opening statement about the work we went through. we were here some nights until not a crotona clock at night.

i remember the excitement when we finally passed it out of here i was out in the west coast and in oregon in a farm community. i went to a church and they have hundreds and hundreds of spanish speaking people who said they had watched every bit of this hearing. they had seen because we stranded in c-span carried it and then watch it at night on a big screen in the church auditorium. one of the hundreds of people in this church said to me do you remember when the gavel came down on the final vote in the number of people in the back stood up and said -- leahy and that meant a great deal to me. the whole congregation stood up and repeated that.

personally gratifying but i'd be a lot more gratified if we could get the bill through. the democrats worked on it and sent it through and we passed in the senate. now we need to have real pressure from a penetration from the other body. i get discouraged when i hear the press saying immigration is dead. that's easy to say if you are in a job where you are paid every week whether it's in the media or anything else but if you are family looking for migration reform it's not easy to hear. can you tell us why it's so imperative the house of representatives to take up a bipartisan senate bill and start voting on it? >> you noted it's my belief that our current system is broken and

totally unsatisfactory. for reasons that i think almost everybody in this room can agree as i look further and further into the system i find more and more problems and we have 11.5 million undocumented in this country who are not going away. they're not going to self deport. in many states now they can have driver's licenses. in the state of california's supreme court says undocumented immigrants can practice law so i don't think they are going away and i don't think they will self deport a not a big we have the resources to deport 11.5 million undocumented. in fact i know we don't and the bill passed by the senate last year by a vote of 68-32 i think addresses the problems we have in a number of respects. order security at the border security at it personnel and

resources which is something i believe we need very much particularly on the southwest border. mandatory e-verify and an earned path to citizenship for the 11.5 million who are here. some people with branded that amnesty. i do not. it requires an extensive vetting. it requires accountability. it requires paying penalties and taxes and it requires a 13 year wait to get on line behind those who are already in line. so i believe it's an excellent piece of legislation. it's obviously the product of a lot of compromises and very hard work but i believe the bill that was passed by the senate last year will go a very long way to adding to our border security and fixing our system. i'm continuing to nurse the house of representatives to pass

comprehensive reform whether in one bill or a series of hills that we really need to act on this. i remain optimistic that we will. >> this country to its credit has respond to humanitarian crises around the world whether tsunamis in the pacific earthquakes in haiti and so on. we have a humanitarian crisis right here in united states. i mentioned seeing children that age and my grandchildren when they go to grade school they have an adult walking them to the school and living in a nice secure home and all and yet we see these children holding each other's hands coming by

themselves whether from el salvador or across the border. they are risking everything on this journey. some don't make it alive. some are suggesting that these these -- the proposal is driving the crisis. i don't agree. i think it's the fact that we in the congress haven't -- haven't fixed broken immigration system. i feel very strongly about this. out of our border state i realize it's entirely different on the northern border. coming to america first and foremost. i think this is the america that rocked my grandparents here from italy. i wonder what we are doing. what do you believe is driving this huge rise in these children

across the border? >> senator i believe that the situation is motivated primarily by the conditions in the countries that they are leaving. el salvador honduras and guatemala. violence, poverty. i believe that is principally what is motivating the situation i suspect also that the parents are aware that under our current law once they are in the hands of cbp we are required to give them to the hhs and hhs is required to be in the best interest of the child. ..

>> >> someone was shot several times because he threw a rock.

but nobody testifies it is a death sentence to throw barack. are you taking steps to ensure there is proper training and proper action when excessive force is used? >> from my days as a senior lawyer with that law enforcement entity that excessive use of force soakers with the a in credibility on ashley credibility of the entire mission have encouraged them to be more transparent with their use of force policy and i have encouraged the cdt with rock-throwing and is situations where the

officer is read into by a vehicle. i applaud the commissioner's efforts. >> we can discuss this further. >> mr. secretary that sybase released 36,000 criminals awaiting deportation and 160 of those were convicted of homicide was 193 homicide convictions and willfully killing a public official with a dozen. to claim the court decision to release criminals who were convicted of 72 percent of the homicides i have

asked for evidence to prove that but that means by his own admission the department voluntarily set free the untold number of murders and had you made any effort to relocate? >> senator first of all, i received a letter from you on monday that i will respond to promptly i have to a number that i have responded. with the opening remarks these are after final orders of deportation to go six months of detention and the supreme court is shows of the bbc and individual that

we can repeat tree roots -- repatriate the individual and you are also corrected a number of releases that the discretion of the ice officers pursuant to conditions of release intended to secure their return. i have passed for greater clarity of the numbers particularly the 160 e. verify 30 that have been released i would like to understand the circumstances with the killing of the public official with a gun. i have asked our people to do to saying this. i want to be sure with the supreme court precedent with the exception of the rule of

national security public safety to be sure we don't construe that too narrow a and in the case of a convicted felon of a homicide to understand why that doesn't fit within the exception if we are reading the case probably also to have greater clarity with the approval process for releasing these individuals to release a convicted felon it is something senator i am very focused on and i will be responding with greater detail. >> that i will go to more specifically in this area.

the many individuals were released a court order why other countries won't take them testifying on the house side and how to ask it to use the v said denial authority to you have any plans to recommend to senator kerry then refuse to cooperate and the reason i ask that question seems that in the case where we use that tool were invented 59 of london 16 people would take back so it seems to be

quiet day to will. >> i am aware of the case of guyana and is effective i have asked the staff to take of book of we should do more of this. >> when you reach judge decision real you tell us in writing please? >> i help you make a quick decision because this is something great need to work then also you brought up the case i would only suggest it needs a legislative fix i don't have one but you see that as something space bad as the way to narrow the case. i am glad to hear that you believe you it and if it was

of procreate with that legislative fix to be necessary. >> the case concerns the construction of the constitution i don't know if the legislative fixes is appropriate. but looking at legislation is worthwhile. when i read the case and was struck by the fact that there might be room for greater spaces the exception so i of interested to have lawyers be sure we interpret properly. >> this is my last question the crisis so long the border with regard to unaccompanied children involving these miners and

you could disagree he recently said we have to avoid practices and policies for further in a legal migration. people come to this country for family, a finding work for a better life but to interview these children that it is partly due to their promises of the immigration reform and amnesty so while i applaud the administration suffered its to work together to find any food and shelter no one has of long-term solution to take into consideration for what you said you will make but if you are releasing tens of thousands of individuals each year how can anybody in a foreign country think we are serious to enforce the law? i will go into detail but we

have this every of interviews remaining with 230 people and you quickly draw the conclusion that does that have the official seal because they want to take a vintage of it. >> first of all, those africander that the border with that of recent arrival that is one. the of legislation contemplated provides the eric past years citizenship only before a 2011 swim would not provide for the aircraft to citizenship blue cave here yesterday -- who came here yesterday. >> but that is with the

reality. >> but to solve the problem have the house pass the legislation repast so people would know where we are. >> what about the staff of the northern border to impact the state of vermont but that is slowing commerce and hurting us end aha -- a and i would appreciate it if your office could give me a response this week. >> let me begin by saying congratulations to take forceful action by support everything you have done id cave in fault in 2008 wear

on television i saw a young chinese girl was 14 change before us a judge with tears down her face and she was a survivor of one of the container up as those people came across the pacific in a container and could not speak the language with no resources and her parents were dead and i got involved. the author of a and accompanied child act that became the law than there are changes made which moved to the children into hhs for resettlement but i have never seen anything like this. i was just looking at the statistics. here is the problem. honduras, guatemala and el

salvador. the increases 1,272% of guatemala 707% but unaccompanied alien under the age of 17 from mexico have dropped 28%. this appears it to a to be a central american problem. if you look where they come across that changes and of course, the biggest change is since senator flakes area with 33,470 miners coming into this country that way. but this is a real heartbreak. if i was the of president of

guatemala or honduras' hybrid not stand by to see this happen in. you mentioned you met with the ambassadors is there not something those countries are willing to do do to provide their protective of the -- ability? has i understand this to see the children's best opportunity to live to remain unmolested takes which must me a or registered they've probably for the most part handled by a coyote is. the question i have of you mr. secretary, what was the response with the ambassadors with whom you spoke? >> the response is all the right things. the follow-up will be key. that is why is a statement

its engagements is a senior most level it is keep. i called all floor ambassadors monday morning they all said that the writing san pledged assistance the sustained continued involvement center resources to texas to repatriate some of these kids and they have devoted their personnel but we are underlying conditions in their countries and we just have to engage because there is no other way. of key is from the chokepoint. the southern border is one of a 30 miles long.

with the cooperation of the mexicans are guatemalans that is one of the reasons i will go to guatemala. >> i will write a letter anybody that wants to joy to the presidents of the countries to give statistics and to indicate our great interest in this issue. senator flake has the hitch facility one is about to enter into a california people have averted your staff to take a look at the facility that i am concerned this is the beginning of the epidemic of less safety is restored and poverty is to some extent it is hopeless

for children and i would hope people out there i see the catholic church and others would really pay attention to this. i am certainly willing to be helpful to work with the unaccompanied minors sacked and make some changes but it does not solve the basic problem. i would ask any member that would like to join with me to say what are you prepared to do? the embarrassment must be enormous. do you have any specific actions they might take to convince them? >> i would be happy to work with your suggestions. a number of things we're

contemplating asking eight them of would be happy to work with you on those. >> also we have gotten terrific offers of help from faith based organizations who were concerned about the situation in texas. that has been a terrific response civic before senator hatch i'd like to put into the record the interviews that i spoke about to the secretary. >> senator hatch. >> i appreciate you and all the difficulties we have had to put these matters together. i still remember from the agricultural component in the senate bill is in your office under your direction a very good job out of you. but it is a tough job.

if anybody can do this right i hope buchanan is also impossible in some ways because the failure of congress and of what needs to be done but even then it will have tears take a lot of effort on their brevity is part to resolve these problems. i share a concern about the alarming increase of a number of and accompanied avian children along the southwest borders the administration calls this a humanitarian situation but in my view their own actions and approach have created this problem and i am concerned because i think the administration has been irresponsible but let's make a just say in april u.s.

citizenship confirmed for the second tier is in the road h-1b visa quota was reached in the first five days. we try to solve that in the senate bill preserving jobs for american workers is important but the partnership for the new american economy shows state-run tv set cap hurts job growth. our time is limited so i appreciate responses to what i can ask but i know that you agree with me on this situation the least i hope you agree with me if not we will have to talk together. >> before the secretary answers your question i have a french intelligence a

delegation waiting i will ask the senator to a takeover and i would give him the list. thank you. >> the secure communities program is designed to remove criminal aliens this is where it could be rendered useless if agencies felt they went over ice officials of mitigation hit the taters is increasing. these are the official notices said the agency intends to take custody of the individual from the local law enforcement agency. that is unraveling with the cooperation between ice and the state to believe they should be honored by local

law enforcement agencies and if not hard you can see -- keep decameter -- community protective program? >> david saul's go back decades and i was a prosecutor we had detainers put on people. the secure communities program is speaker print sharing between the fbi that is what it is the wrist alive of misunderstanding. i believe the goal of secure communities is a good one to promote more effective for enforcement against threats to public safety is a worthwhile program. however it is off to a bad start with the bad name the mayor's thank governors are signing executive orders

passing laws to limit the state or city ability to comply with the decatur that is extremely unfortunate to limit the ability of our people to do their job so i believe we need a fresh start each to evaluate how to refected they forced the racial laws and delayed clearer guidance that i intend to take that to the governors and the mayor's here is the enforcement priorities so you have no uncertainty anymore and we will do with them a better job because i believe the principle is a good one. >> my time is up. would have a wonderful job you have. >> secretary johnson can we talk about cyber?

i have to topics one is quite to narrow and specific. d.h. us is the lead federal agency responsible for working with state and local government and local law enforcement in a variety of ways but specifically protecting the information system. it appears there has been a spate of recent cyberattacks on local law enforcement agencies. across the country small, rural, police departments don't have a lot of cyberresources available

or even full-time information officers. it strikes me that from a point of view to create embarrassment and upheaval of cyberhackers or compromising law-enforcement emergency response, a small police departments make an appealing target. i wonder where would dhs work together to make sure they have the resources and the threat to awareness and the knowledge they need to protect themselves because if the creek to locker takes out the resources of the small department including police reports could create

the unfortunate situation. >> first of all, i.r.a. agree with your observation about state and local government and more and more governors and mayors asked me about this issue covers snyder of michigan in comes to mind. more and more state and local governments have a phasors devoted to this survey that n.y.p.d. and boston police department. >> that we do need to figure how to organize a of a common resource with the early warning system in a better way than we presently do. >> of my experts were here they could tell you the ways redo work with local law enforcement reid may be able

to support the development of capability of these governments but i do recovery it is some say that is the emerging threat that we've made to focus on. >> by will continue to work with you on this but this is not the forum for that as mayors and governors around the country see this is a particular unfortunate target to be merged. the second cybertopic pass to do with how we structure our cyberenforcement response. i want to commend with the department of justice, the fbi we throw a lot of resources that the problem with immense talent and we have had some really terrific new steps by the

department of justice and there is great stuff going on. but we are doing the things that we need to do. in 10 years out and we're so engage with the packers to warn businesses end of what this needs to do looks like it is a growing threats of a blake to hear your thoughts. . . . .

my view is that and i know all these people either from my dod period and in my view if we can sit down together together and this is not a complicated conversation, among the three or four verse component heads to say what is our strategy going forward, when does the fbi get involved and when does the secret service get involved in winces it become a matter