i would like to turn to mr. vitello. is that correct? thank you, sir. how long have cr . >> how long have criminals been smuggling people across the border, to your knowledge? >> my entire career. 29 years. >> so at least 29 years. and have smugglers lied to people south of the border that might be interested to seeking to cross the border about the conditions or what they might encounter or their status when they come here, have smugglers lied to people in the past? >> that is the experience of the border patrol. >> so in your opinion and your estimation, what has changed in the last two or three years that has fostered this immense increase in traffic, especially of people that are young, 17 and below? what has changed? and are there any metrics at all that you know of that might support the claim that you make shortly? >> i think lots of things have changed. we've talked about all of the

push factors. i've seen these reports. people are fleeing difficult conditions, they're reuniting with family in the united states, they're fleeing economic uncertainty and failed governments both locally and nationally. >> so the conditions you're talking about, the crime, the uncertain conditions, the poor conditions economically, what has changed dramatically -- would you admit that the numbers have increased dramatically? >> there is no doubt about that. >> so is there a corresponding increase dramatically in poorness of conditions in these countries south of the border? >> it's been a while since those conditions have existed. >> so there seems to be an awareness that is perpetrating among american citizens that things have exponentially decreased south of the border and that's increased this immigration south of the border to the united states.

i don't know if it's true and you don't know of any metric that would support that. >> not metrics. >> so do you think that there is any difference in our policy? and i would agree with the remarks of mr. barletta that a congress that has implied that wholesale amnesty might be in order if you make it across the border, but are there any other policies from the administration or otherwise that might be contributing to this circumstance currently on the border? >> i think that we're addressing, in the broad spectrum, all of the things that i believe will help make this better. >> i understand. but is there any particular policy that might be -- you know, whatever the numbers are, 5,000 to 38,000 to 65,000, is there anything that you can think of that support it? >> i'm not sure i would categorize it as policy. i think we've struggled not to have sufficient level of, in this case, detention for people who bring their children across the border. and as it relates to the unaccompanied children, the law

dictates how they're processed both in the initial for book-in and deportation proceedings and turning over to -- >> what's changed and driven many to come recently? >> i'm not sure. >> i'm not sure, either, but i think our policy has changed. the public perception that you can come here and stay has changed. >> i've seen those reports. those are reflected in the intelligence that we've collected, it's in the -- >> it's not reflected? >> no, it is reflected. >> it is reflected. so has human trafficking also gone up as a result of this -- these increased numbers? >> i'm not sure it's gone up. i think these populations have increased, which leads me to believe that smuggling has increased as well. >> mr. secretary, i got to move on. i appreciate your answers. regarding the 29 january advertisement for escort services, and i understand you were on the job for about a month, so you're somewhat

unaware. do you know what drove that policy decision? do you have any idea? to advertise? >> i haven't seen the document. >> i'm going to provide it and put it into the record, and there is a couple points of contact. mr. tony ross and rachel ali. if you could in writing respond to me about what the policy decisions were that drove the advertisement, and do you know if this is unprecedented? have we advertised for these escorts in the past? if not, why not, and if now, why now? >> i would have to see it. >> i yield back, but i would like those answers in writing. can i have a commitment to get them? >> i always believe in responding to congress. >> thank you, mr. chairman, and i want to thank mr. secretary, honorable fugate, mr. vatello, for your testimony here today. it's been very enlightening, and i want to thank you for your thoughtful approach to really

handling a multi-faceted, multi-dimensional, very complex crisis. there are a lot of moving parts he here. i was glad to hear about the diplomatic component to what you're doing in terms of reaching out to salvador, honduras, guatemala. my question is a logistical one similar to the one mr. vella raised, which is, what exactly do you anticipate in terms of the logistical challenge of reuniting children who don't have any relatives in the united states? how do we work with embassies,

consulates, to reunite children from various countries with their parents back home, and how do we identify that? have you given thought to that as of yet? >> well, once the child is identified as an unaccompanied child, the law requires that the dhs turn the child over to hhs. your question really goes to hhs and their process, which i'm not fully equipped to answer. but they have a process of identifying a family member and acting in the best interest of the child. >> very well. i just wanted to get a sense, because i can imagine it's a daunting task. i did want to comment for the basis of this hearing that i find it troubling that we would want to move a military operation such as the national guard to our borders to address unaccompanied minors. and i just want to put that on the record, because we can't say it's a humanitarian crisis on

the one hand, and i think just about every colleague has acknowledged that, and then want to put arms on the border to meet children who are fleeing, clearly, untenable situations in their homelands. do you have a sense of the average amount of children coming in daily, and which nations, what percentage are coming from what nations? >> in the rio grande valley sector, where almost all of this is occurring, we're encountering about -- the number varies, but we're encountering lately about 350 a day. >> and do you have a sense -- do you get a sense that they're being -- for instance, if they're being smuggled, are they children from varying countries

or are they typically grouped by country? >> honduras, guatemala, el salvador. >> so you could conceivably run into children traveling together but from different countries? >> i'm not sure about that. i'm not sure about the -- how they configure themselves in these groups. i do know that something like three-quarters of them are from honduras, el salvador, guatemala. >> i would be interested, mr. secretary, if we could drill down at some point to get a better sense of which countries seem to have larger percentages of children coming in. and if mr. vitallo, if you could get a sense of are these children meeting in the desert? are they meeting on railway cars? because -- at least what we are seeing from the press is that the children tend to gravitate and come across together.

so you're not seeing, like, individual kids, necessarily, but children traveling together. >> they very clearly come in groups. they're herded, shepherded by a civilian guide, a guide at v various points along the journey that's part of the smuggling organization, and it starts there and goes into new mexico. and the numbers are roughly equivalent in the different countries. honduras maybe slightly more, but they're roughly equivalent. >> thank you, mr. chairman. as an active member of the national guard, i see firsthand the importance of the national guard supporting our armed forces to protect our country. as guard members return from overseas, many of them stand ready and willing for their next mission. as many of my colleagues have pointed out today, the national guard can play a pivotal role in

securing america's borders. we've seen successful guard missions in the past with operation jump start, phoenix and nimbus. last year i called the department to use the national guard to help secure the border. on may 14, i offered an amendment to this security of the results act which would consider lessons learned in past guard missions on the border. both the current and previous administrations have used the national guard on more of a short-term, ad hoc basis than any long-term strategic plan. wouldn't it be beneficial for the department to partner with the national guard and develop a long-term strategy for the guard to assist along the borders? and wouldn't the borders be more security if we had a more budgeted plan of strategy that used the guard consistently rather than just sporadically? >> congressman, first of all, i want to consider every option to deal with this circumstance.

i take no lawful option off the table. as i'm sure you know, the guard has limitations, including posicomititus. a guard can't be involved directly. and the administration has something to say about that, too, it comes out of their budget. there are a lot of demands on the guard, particularly this season. we're dealing with hurricane season, there might be different crises they respond to. but i've heard the calls from some that we put the guard on the border. i would want to understand better what the options are for the use of the guard depending on the direction this situation takes. but i don't take any option off the table. but there are definitely some limitations on the use of the

guard in this respect, i think, and we have to be mindful of those. >> mr. vitello, you've been with the border protection for a while. were you a part of any of these guard missions in the past, and can you comment on whether there is pros and cons? >> yes. we've had a great relationship over the years with the national guard and operation jump start and the ongoing operation failings now wherein we use national guard resources to do things like surveillance and sensor response -- or censor monitoring for us. it's not without our challenges. we were blessed to have the guard when we were building the new 6,000 agents, and it gave us a bridge to more capability on the ground. we learned from them and the resources that we're reusing from d.o.d. as they come back from theater and are pressed into service for border security. so we've learned a lot from them in all manner with regard to plans, strategic deployments, et cetera. but having the guard on the

border has some limitations, and this work is best done by law enforcement agents, in my opinion, learning from the guard. there are some things they can do. i think the secretary is right to keep our options open. but as it relates to this particular problem, where it's most acute in the rio grande valley, it's not a challenge to arrest people with children or families with children. the other zones within the southwest border in south texas are well patrolled and better equipped than they were last year or just as well equipped as they were last year. >> i think originally, last year, it was suggesting, the amendment was to ask dhs to study the lessons learned. don't take any option off the table, but the guard has been basically sustaining combat missions, humanitarian missions, disaster relief for the last 12 years. they've proven they can

multi-task and do numerous things. i still believe it's much more cost-effective and efficient to surge the guard to the border, get the operation control and work them into your plan. they're going to train somewhere every year. you could rotate them in, rotate them out, fix the issues, figure out what they could do. and to congressman clark's issue, yeah, we don't want kids walking across the border and being met with guns, but i don't think they would be met with guns. there are probably other agencies, non-profit or federal groups, that could be out there, but our borders are dangerous. because we don't have control over our borders, we don't know what's coming across. but we do know there is drug cartels, there's drug running, there's drugs, and that could be an escort mission. it could be a roving patrol, it could be communications, it could be providing the necessary assistance. because i don't think it would be wise to expand the full-time employees of the border protection agency. i don't think the american people want to see more federal law enforcement agencies when they have this tool, this

cost-effective tool, at its fingertips. i just want to urge mr. secretary to really consider this. i know every member of the national guard that i serve with would love the opportunity to secure our borders. the american people want to know that our borders are secured and that we're safe and sound. so thank you for being here today. >> the chair now recognizes mr. barber from arizona. >> thank you, mr. chairman, and i want to thank you for con veeniveen i -- convening this hearing on this very important issue, this crisis we're facing on our borders, particularly in texas and arizona. and thank you, mr. secretary, and the other witnesses for being with us this morning. my state is directly affected by the influx of these children from central america. we have the nogalis border patrol station which is in my neighboring district, but nevertheless, the impact is felt throughout southern arizona. i share the concern of many of

my colleagues. virtually all of us have young children or grandchildren, and we can imagine what it must be like for these children to be in a strange environment without their family members. and i just want to say that i've seen what our border patrol agents are doing, and they're doing a noble job trying to keep up with a very difficult situation. the cartels are exploiting the situation in many ways. i want to get to a question about that in a moment. i'm very concerned about the influx and what implications it has, mr. secretary, for the security of the border. i represent one of nine border districts, 83 miles of border. the people that i represent, particularly those who live and work along the border, are really concerned about their safety. and the concern they've expressed to me is border patrol agents have been pulled into the logalis station in particular to care for these children. we've compromised their ability to secure the border and to keep

people safe. right now we have about 1200 kids, i believe, at the logalis, in the logalis community. they've been moved from the border station to a house to try to accommodate the need. we've estimated maybe 60,000 minors will be coming and apprehended this year. the border patrol agents, many of whom are family agents, have children, have been bringing in books, bringing in toys, bringing in diapers, caring for these children. clearly this is not their job but this is what they're doing. so, mr. secretary, three questions. first of all, how many unaccompanied minors are still in cvp custody as we speak, and how many of them are in custody in the tucson sector? let me start with that question and then i'll move on to two others. >> well, first of all, i'm going to logalis tomorrow to inspect the situation there, and one of the things i'll be asking is the

question you asked. are we having to divert border patrol personnel from their border patrol duties? to me we minimize the circumstances of that. the capacity of logalis, i think, is about 1200, and it's near capacity with unaccompanied children. we were at one point sending family units there. we're not, we're just sending the unaccompanied children there, and from that point they go to hhs custody. overall, children apprehended in the rio grande valley sector that are in custody right now, i don't have the number offhand, it's probably -- i don't have the number offhand. i wouldn't want to hazard a guess, but i can get that to you. >> very good. i appreciate the fact you're going to be asking about the impact that the agents being

asked to come to logalis to staff up with these children what effect that's having on border secretary. i've been in touch with people who live and work along the border, ranchers, and heard from some agents about the fact they have been pulled off shifts, that we've left agents on the ground that are helping to secure the border. so, mr. secretary, if you could get back to us with some information about how many have been pulled and what the impact is. and let me just close with this one question. it's a comment and a question. i've been particularly discouraged by the fact that virtually nobody in arizona knew that these children were coming. i found out about it through the newspaper, the local sheriff found out about it the same way, even the sector chief found out about it as the children were arriving. what steps is the department taking to make sure that if we have any additional transfers like this that local authorities and officials are properly notified? >> well, first of all, it shouldn't have happened that way. the congressional delegation

local officials should have gotten notice that this situation necessitated that we extend our processing to logalis. i've instructed my staff that when we have to go to these places, we give the congressional delegation and local officials advance notification about that. >> thank you, mr. secretary. and thank you for what you're doing to keep up with this terrible situation. and i particularly want to thank our border patrol agents for what they're doing every day. i yield back. >> the chair recognizes miss bush from indiana. >> thank you. and thank you again, mr. chairman, for holding this very important hearing and thank you all for your service. i want to follow up on the smuggling questions, and actually to chief vitiello. could you please talk with us a little bit about additional resources that are being provided to you all to prosecute the smugglers, and has there

been an increase in prosecutions of the smugglers in the last six months? >> i would have to get back to you for specifics on prosecution cases in the last six months, but we have surged our own resources to develop leads for case work to understand what we know or what we can know more about alien smuggling networks. ice is also, the homeland security investigations group, has also researched resources at this problem for the same purpose, for them to increase their level of case work, looking at smuggling networks. and just to the point as it relates to border patrol resources, the logalis placement center is being conducted on agent overtime. we've added overtime on all the locations that have helped us process folks, whether it be logalis and el pass oe askand e. >> we did smuggling cases, but

this is at unprecedented levels, it seems, particularly with children. what are the smuggling operations? what is your intelligence telling you? what kind of groups? is it ms-13, is it barrio 13, is it the gangs that are developing smuggler operations that are bringing them in? >> i think the sophistication of smuggling networks and the conductivity of cartels have been a concern for some time. the field intelligence reports that have been generated to our office suggest that people contract smugglers both in the point of origin. sometimes they wait until they're in mexico, sometimes they wait until they're at the border, but that's the kind of thing that we recognize. post-arrest interviews give us information. we look for indications for intelligence and things like pocket trash, develop phone numbers and pass those leads in the local sense to the

interagency and certainly to homeland security investigations to follow up and try to attack those networks as they bring folks in. >> do you have any idea from the young people that you've interviewed how many kids have died? >> i don't have any direct information about that. >> do we have any information about any children who have died or are missing? >> not specifically. i think that we recognize that this journey is a very difficult one. and certainly at the border over the years, we've seen people fail in their attempt succumbing to the elements, and i don't think it would be different for this population. >> and, mr. secretary, as you've indicated, there is a public relations campaign that you initiated. are we talking about increasing prosecutions or off smugglers in central america so we can create that effect and let people know they are being prosecuted rk, w the penalties are, and the fact

we're catching any of the smugglers, if we are. and our law enforcement working with mexican authorities are not being successful in their prosecutions? >> the answer is yes. i would like to add to what the deputy chief said. homeland security investigations, which is part of ice, has been surging resources to deal with the smuggling organizations. in the month of may, they made something like 163 arrests of so-called smugglers, and i've directed that we add resource to that, and the department of justice is always adding resources to this effort. i think the key is the money trail. because the money trail often originates in the united states. so if we can track the money, we can stop the flow of money that goes to pay these organizations to smuggle the kids, we go a long way to dealing with this problem. >> and are you publicizing the prosecution of 160 individuals, which i would commend you in the month of may, in central

america, letting everybody know who has been arrested and what has happened? >> it's in our interest to do that, yes. >> and with respect to -- and i have grave concern that the groups like ms-13 which are growing in this country are bringing these kids in who now owe ms-13, is that correct, they owe them a bit of debt for bringing them into this country? is that fair to say, chief vitiello? >> it is common they are smug e smuggled without payment up front. that is a concern. >> so now they're coming into our communities owing gangs some debt. >> it is difficult to find out where the networks are in all three countries. >> i hope we keep track of them in our country. thank you. i yield back. >> we will be introducing an anti-smuggling bill in the near future. mr. sanford is recognized.

>> yes, sir. mr. vitiello, thank you for your testimony. mr. fugate, you've been incredibly patient during this testimony, but given the fact we are in hurricane season and i am from the coast, we'll be calling. and to you, mr. secretary. i'm a huge fan. you know, the things you've done in the united states military are just incredible. i've been watching you over the last couple hours during testimony. i wrote down bearing of a military officer, verbal dexterity of a philadelphia lawyer and precise enough for the ceo. so i'm a big fan. but in future minutes i have, i'm going to ask a couple fairly pointed questions and i ask you to answer them as quickly as possible so i can run through in my quick five minutes. all with the caveat of i'm a big fan. fair enough? >> okay. yes, sir. here it comes.

>> going back to being a pup lieutenant way back when, it just strikes me that, you know, if you guys set up a perimeter in the military, it is not a conditional perimeter. it's not contingent on what mexico might do or pakistan might do, it is an absolute perimeter. i think one of the things the american public is thirsting for is the same kind of decisiveness and reality they see in the military in a perimeter that isn't breached on the southern border. why can't we have that in short form? >> well, first of all, you have to realize these kids probably want to get caught. in some cases -- >> well, not want to, they're running to officers. >> they will run to the nearest officer and say, here i am. >> right. >> so you have to ask, will it

increa deter that with increased border presence? >> should we have a border that is contestanal? shouldn't is be, at least as a go goalpost, an absolute rather than conditional border? >> we need to have secure borders, absolutely, if that's your question. we need secure borders. and so one of the things that i've tried to do here in my testimony is lay out all the things we're doing to deal with this situation, which not only involves processing the kids but turning the tide around. >> part of what we're doing now, because i think there is a real difference between words and actions, and a lot of our act n actions have been absolute. our words have been absolute. the words you used was we're going to bring to bear all assets of the federal government. i think most people don't believe that.

they believe that if we brought to bear all asset to the federal government, we could have a secure border. >> well, let me say this. i'm going to say what i said before. i want to know every option and i want to consider every option. and i'm prepared to seriously consider every lawful option at this time. >> we've been here a couple hours, so i understand. i guess going to the point, though, as a strategy -- i mean, you're an able, fit guy, military guy. as a strategy, if you loved your kid and wanted to get him to america, wouldn't you send the kid first, and given our present policy of non-deportation and sending them to a family somewhere domestic in the united states, get them secure, then you would be able to evade and move and maybe get into the border on your own, and then get reunited with your family. >> i have to tell you, the

conditions for me to -- my kids are 18 and 19, but the conditions for me to part with them when they were 8 or 9 and go say, have this thousand-mile journey and i'll see you later would have to be pretty dire before i -- >> i think a billion people on the earth live on a dollar a day or some astounding number. i think there are a number of dire circumstances around the globe which goes back to conditional versus border. one more question since i'm out of time. i think that, you know, there was frequent reference to i don't think the law allows me to send an unaccompanied minor home. and my question to you would be, which comes first, the law or the constitution, because as i read through the 14th amendment, i think the constitution is fairly clear on what citizenship entails. >> let me be clear. i don't believe that the law would allow us to send an

unaccompanied child nohome in a expedited removal proceeding. they are given notices to appear. deportation proceedings are begun when they're apprehended. >> but for practical purposes, once they're here, they're here. and you didn't refute that. >> the law requires that once a child is identified as unaccompanied, cbp has to give them to hhs, and they do what's in the best interest of the child. that's what the law passed by the congress requires. >> understood and i'm out of time, unfortunately. i know you have to go, but thank you very much for your testimony, sir. >> thank you. and let me thank the witnesses for your testimony. mr. secretary, let me personally thank you for showing up on such short notice on such an important issue. i know you didn't create this, you inherited this, and i know you're working hard to resolve it, and i pledge the support of this committee to work with you towards that effort.

with that, members may have additional questions in writing, and with that objection, this committee stands adjourned. >> thank you, sir. coming up this morning on c-span3, a senate will look at ways to reduce sexual assaults on cleollege campuses. that's at 10:00 eastern on c-span3. later on today president obama will hold a town hall meeting in minneapolis. that's also on c-span3 at 3:10 p.m. eastern. now you can keep in touch with current events in the nation's capitol use any time. simply call 202-626-8888 to hear coverage, washington forums.

listen to a recap of the day on "washington today." you can also hear audio of the public's affairs. long distance or phone charges may apply. rhode island senator sheldon whitehouse regularly speaks on the senate floor about climate change, calling for controls on carbon emissions. on wednesday he was joined by west virginia senator john mansion for a debate about climate change and the coal industry. this is a half hour. >> senator mansion and i come from different states in very different parts of the country. we're the ocean state, he's the mountain state. but we both came here today to say that climate change is real, that human activities, including the burning of fossil fuels, are causing dramatic changes to the

earth's atmosphere and oceans, and to speak responsible solutions that will ensure reliable, sustainable energy for the united states and protect our local communities and economies from the worst effects of a change in climate. recognizing, as we must, that fossil fuels will be part of america's fuel mix for decades. the recent national climate assessment showed many effects of climate change already being seen across the united states. in my home state of rhode island, we have naragansett bay. more than three degrees warmer in the winter than it was 50 years ago. and measurements at the newport tide gauge shows that as the sea water warms and expands, sea level is up almost 10 inches against our shores since the 1930s. extreme weather depends a lot on natural variability. but climate change increases the

odds that heat waves and heavy rain bursts will occur. as the climate has warmed, some types of extreme weather have already become more frequent and severe. here on this chart, we see that in the northeast, up here, the area which includes both rhode island and west virginia, between 1958 and 2010, the amount of rain coming in those big downpours has gone up by 70%. let's remember, too, how climate change affects the economy and jobs. for example, fishermen in rhode island have seen their winter flounder catch from naragansett bay nearly disappear in recent decades as the bay has warmed. these are not distant climate model projections, this is now. this is happening to rhode island. the people of west virginia have senator mansion fighting for them every day here in

washington. i know he believes that we need to find economically responsible answers to environmental problems. i am proud to stand with him today as his friend and colleague. >> thank you, senator. mr. president. >> senator from west virginia. >> let me just say i'm pleased to join my friend, senator whitehouse, from the great state of rhode island to talk about this important subject. in the past, we may not have always agreed on how to approach this problem. but at least we've come together to work on a solution together. and that's very important. and that's a rare thing in washington, as you know. and we're determined to see if we can find common ground to move forward. as senator whitehouse suggests, the way we produce and consume energy in the united states is quite different. i'm the mountain state, he's the ocean state. nonetheless, we both agree we have to strike a balance between the economy and the environment. one can't go it alone.

it takes a balance, if you will, about anything we do in life. one that acknowledges the reality of the climate change, and while also understanding that fossil fuels, more specifically coal, that we produce so much of in our state in such a part of our economy is a vital part of our energy mix for decades to come. that's by the department of energy. the eia is on a claim. there are no doubt that 7 billion people have impacted our world's climate. those who deny that, i believe, are wrong. and a lot of my friend, i believe we've had an impact and we have a responsibility. we need to know what's going on and the facts we're dealing with in the world today. there's more than 8 billion tons of coal consumed around the world each year. this gives you a little bit of an outline of where most of that coal is consumed. currently china burns more than 4 billion tons per year, and they're not stopping or letting up. if anything, they're increasing their consumption and building

more coal-fired plants as we speak. while the u.s. and europe each burn less than 1 billion tons. so the united states of america, you could say, is less than one-eighth of the coal consumed annually in the world. if we stop burning every ton of coal, would that really clean up the climate? but if we find ways to do it better, can we help the rest of the world clean up the climate? that's what we're here to talk about. there is a broad agreement in the scientific community that carbon emissions and other human contributions are causing substantial changes to the earth's climate. according to the west virginia state climatologist, five of the wettest years have occurred since 1959. four of the wettest years have occurred since 1990. my friend senator whitehouse doesn't deny that eliminating coal from energy mix would hurt the reliability of our goal. we have to work together to keep the reliability in this system

which is so vital to people around this country. without coal, the northeast of the united states would have suffered severe power outages during the winter's polar vortex. if our reliability had failed during the polar vortex we just came through this past year, there is no question people would have died. no question at all. importantly, during that period of time, coal provided 92% of the increase in energy needed to survive the disaster. if coal were not able to go on line to back up the grid, 92% of it was driven by coal because it is dependable, reliable and is affordable. this chart shows, basically, the portion of the increase in u.s. electricity generation by fuel. january and february, the times that we needed it the most to keep the system, the grid system up and rung, you can see coal at 92%. natural gas fell because of distribution problems that we

had. it will increase, it will get better as distribution and infrastructure is built. oil, nuclear, hydro, renewables. you can see they weren't able to pick up the demand that was needed or the load that was needed to keep the system moving. nick akins is a ceo of american electrical power. he said this about the polar vortex. this country did not just dodge a bullet, it dodged a cannonball. we need to address climate change, but we need to do it while maintaining the reliability of our electricity system. senator whitehouse and i both realize that coal will remain a vital part of our nation's generation portfolio for the foreseeable future. according to the president's own energy information administration, the eia, coal generated about 40% of all u.s. electricity in 2011. in 2040, coal will still generate more than 30% of the domestic electricity that's needed. this chart basically shows you

where we're going in the foreseeable future. this is clear up to 2040. by 2040, natural gas will be at 35%. coal will still be at 32%. both can be said out of fossil, so you have 67% renewables increased 16%. nuclears are going down 16%, so i think we have to re-engage our efforts there. so coal will dominate the markets for the foreseeable future. according to eia, coal supplied 69% of china's total energy consumption in 2011. this gives you a little bit of an idea on this chart where we are trying to use four times the amount of coal used in the u.s. that year. coal supplied 41% of india's total energy consumption from --

india, during that period of time, used roughly the same amount of coal that we did in the united states. but by 2040, china will produce 62% of its electricity from coal while india will produce 56%. during the next few years, some 1200 new coal plants are going to be built across 59 countries. 363 are going to be built in china, and 455 in india alone. it's just unbelievable when you look at more than 8 billion tons of coal is consumed around the world each year, china currently burns more than 4 billion tons per year while the u.s. and europe burn less than 1 billion tons. use in these countries and in other parts of the world a projected to go dramatically for decades to come. the u.s. has already been a leader in providing the world that we can produce coal cleaner

today. traditional pollutants, nuclear nitrogen and particulates have been lessened in the last year alone. with smart investments from the public and private sectors, we will not only finish the first generation of carbon capture, storage and utilization plants but also develop the second generation of these technologies. when that happens in the not-so-distant future, we will lead the world toward utilization of fossil fuels in a way that produces negligible or harmful positions. with the right combination between public and private sectors, we can lead by example and show the world that we can build fossil fuels cleaner than ever. most importantly, mr. president, we can do all this while protecting consumers, creating jobs and growing our economy.

>> i agree with my friend from west virginia that we must address climate change in a way that protects jobs in all sectors. and ensures grid stability. fossil fuels like coal and natural gas are indeed going to be an important part of america's energy mix for decades. so we need to invest, as senator manchin has suggested, in reducing the carbon pollution we generate from these sources. we also need to adapt our power infrastructure to withstand the effects of climate change. extreme weather has become the main cause of blackouts in the u.s. the president's council of economic advisers and the department of energy counted 679 widespread outages between 2003 and 2012 due to severe weather. 58% of power outages since 2002 and 87% of outages affecting

50,000 or more customers were caused by severe weather such as thunderstorms, hurricanes and blizzards. the average annual cost of power outages caused by severe weather is between $18 billion and $33 billion per year. the u.s. energy information administration compiled data that is plotted on this chart showing weather-related power outages are already on the rise since just the early '90s. addressing climate change is also important to grid stability. we also should expand and modernize our electric grid. a smarter grid will make it easier to respond to and recover from extreme weather events. we'll boost efficiency within the system. we'll help lower utility bills and we'll bring more renewable energy on line. in both our states, senator manchin and i realize it's in

america's interest to be leaders in rhethe research, developmentd deployment of energy-efficient tools, in cleaner fossil fuel research, and in renewable energy technologies, particularly ones that we can export. and i know senator manchin has some of these technologies being rolled out in his state. >> thank you, senator, and mr. president, when i was governor of west virginia, we set, and we have now achieved, an alternative where we were going to reduce our carbon footprint by 25% by using coal in a cleaner fashion and also some of the other things we do, which i'll explain. not only did we do it, mr. president, we did it 10 years early. 10 years earlier than what we had targeted for. in 2013, 4.1% of west virginia's energy already came from hydroelectric and wind energy. mount storm wind farms, most people don't know what we've done in our little state because

we want to do it all. the mount state wind farm is the second largest wind farm east of the mississippi. i also agree with senator whitehouse on the importance of energy efficiency. with our friend senator hoven from north dakota, i've introduced the conservation legislation act that would set an example for all private sector. this legislation takes a common-sense, all of the above approach to the issue of federal efficiency. i believe that by encouraging the use of innovative technologies and practices, instituting reasonable goals and allowing building managers flexibility, we can achieve better environmental stewardship in a cost-effective manner. as governor, senator hoven and myself have allowed us to introduce several policies. we should be using all of our

abundant resources, including coal, to power our nation in the most efficient way possible. our bill accomplishes this goal and proves the federal government can lead the way in using fossil fuels to achieve greater energy efficiency in a much cleaner fashion. while the efficiency and ren renewables are important, let me say again it's most important to reduce coal plants. it will continue to develop with help from the public sector. enhanced recovery is already developing into a valuable tool for augmenting domestic oil production. we need federal investments for technology such as eor. research is ongoing for the use of coal and co2 for a multitude of new energy and consumer products, including fertilizers, liquid fuels, plastic materials. and i just had a gentleman come

to my office that basically makes carbon out of coal which clen cleanses the water that we drink. unbelievable. so there are so many things, and senator whitehouse is right, there are so many things we are using and can do an awful lot more. >> efficiency is something we take seriously in rhode island as well. in 2013, the american council for an energy-efficient economy ranked rhode island as the sixth most energy-efficient state in the country. the energy information administration in 2011 ranked rhode island the lowest in energy consumption, which is the presiding officer from the small state of delaware can understand we have a bit of an unfair advantage in, but we were also the sixth lowest in total energy costs per capita. we do our part to save energy, avoid emissions, lower costs and reduce demand and stress on the electric grid. rhode island and eight other states participate in the regional greenhouse gas

initiative. reggie, we call it, which caps emissions and sells utility bil investing the money generated through reggie into energy efficiency. rhode island invests over 91% of its reggie proceeds in energy efficiency projects and improvements. helping residents save money on their utility bills, and making through small businesses more competitive. rhode island is also poised to gain scores of jobs from the development of offshore wind. i think we have the advantage on west virginia in offshore wind. our private developer of yore shove wind, deep water, has received its first major environmental permit to begin deployment in the block island wind farm area. the price of energy decreased over 90% since the early 1980s. and is now competitive in the

energy markets. i am working to make wind energy more a part of our energy portfolio. but the federal level, our energy policy must use the best science available to improve the way we use fossil fuels, and our tax code should help address climate change while leveling the playing field for various energy sources. i believe -- i believe carbon driven climate change hurts our economy, damages our infrastructure and harms public health. yet those costs are not factored into the costs of fossil fuels. that means the cost of the pollution has been born by the public. i believe we should adopt a carbon feed and return all its revenue to the american people. what republican supporters of a carbon fee call revenue neutral. on a smaller scale, congress can also extend the renewable energy tax credits and other measures

that are supported by members on both sides of the aisle. helping renewable energy in west virginia, and a bipartisan array of states. >> thank you, senator. senator and i disagree on a few things, but i adamantly disagree with senator -- my dear friend, regarding the carbon fee or carbon tax. i agree we can use the tax code and other federal incentives to help clean up fossil fuels. that's why we're here together, to find that pathway. first, the doe must approve $8 billion in lone gueran guarante projects they had available since 2005 and none has been invested to try to help use the fuel that we depend on, coal, in a much better, cleaner fashion. also, i found out that we also have $3.2 billion, senator, that -- from the stimulus money

to be used for shovel ready coal projects that still setting and hasn't been invested. so there is an awful lot we can do without appropriating any new money, just using the money that has been there for the purpose it was intended to do. new tax incentives could be employed to incentivize providers to the super critical configurations that pave the way for ccs. we neat to incentivize the technology, the one that holds the future for the promise of coal use with negligible emissions. what we're talking about, carbon capture sequestration just being used for that purpose, if you don't have a secondary source to where you can put it and sell it for enhanced oral recovery, the technology we could use in the shell that maybe could enhance the gas from the shell that the o utica and marcellus that we

have. so much that we haven't gone. maybe we could solidify the carbon and use it as a spent fuel. these are things we need to get to and this money laying right now in the department of energy for almost ten years needs to be invested. and with your help, senator whitehouse, i can only thank you that we can move forward and find a solution. >> i agree with the distinguished senator from west virginia, that the department of energy's advanced fossil projects, loan guarantee program has not yet lived up to its potential. and i will work with him to push the administration to accelerate its use. i would like to close my share of the colloquy by noting something very basic, and that is that america has long stood before the world as an exceptional country. and deservedly so. america proved the case for popular sovereignty with no need of kings or crowns.

america took our balanced market capitalism and rode to international economic dominance. america has long been the vanguard of civil and human rights for our people and around the globe. and when american military power must be used, we don't conquer and rule, we come home. this exceptional nature confers upon us a responsibility to lead, to be an example, to be as president reagan said, a shining city on a hill. our generation will be judged by whether we were responsible about climate change. whether we listened, and whether we led. senator manchin and i are both committed to the idea that american innovation can create the clean energy technologies of the future that when it comes to addressing the biggest problems

facing our world, the united states should be out front. and we are committed to working together to find responsible solutions to the climate crisis. we also realize that we have different perspectives on what those solutions should look like. i live in a state that is harmed by carbon pollution. and senator manchin is from a state that sees economic benefit from coal. we believe we could both learn more about those different perspectives, so i'm committing today to travel with senator manchin to west virginia to see the coal plants that power many parts of our country and meet the people there working to curb pollution and improve efficiency. i invite senator manchen to rhode island to see how it is taking its toll on our shore lines and marine industries. america is still a beacon to the world, because ultimately we have the ability to work through disagreements to common ground on a shared platform of fact.

with the commitment of serious leaders like senator manchin, i'm confident we can move forward to an energy future that preserves the economy and quality of life in west virginia, in rhode island, and for all americans. >> senator's time has expired. >> may i ask unanimous consent that senator manchin have time to finish his colloquy. >> should be three or four minutes. >> without objection. >> thank you, senator. let me say to my dear friend, senator whitehouse from rhode island, i look forward to coming to his beautiful state of rhode island and visiting all the things that they're doing and the efficiencies they have in technology that they're incorporating. i also look forward to showing him off my beautiful state of west virginia, the great people. we both visited each other's states before, so we know a little bit how good our states are. it will be good to revisit. i want to thank you foss joalso joining me on the floor. if senator whitehouse and i can start looking for a pathway, i'm

sure friends from all different sides of the aisle can join us. that's what we're trying to help -- help happen here. i agree with senator whitehouse, the united states of america has long stood before the world as an exceptional country, exceptional country that people look up to. we have reigned as the dominant world power and have played the role of the world's leader for more than 200 years. coal use is expanding across the globe and we need to face that reality. and we must take our position as a world leader and brokering solutions, knowing the rest of the world is going to use this product more than ever before. to find the balance of the environment between our concerns and our economic prosperity. it is going to happen. we should be that leader also. the solution for the u.s. is to develop the technology that will allow us to use the fuels we need cleanly, and to export that technology to the world. yes, west virginia and rhode island are indeed different in many ways.

but most importantly, senator, you and i both know, they're both part of this great country. that's what makes america great. we can challenge each other's position on any one issue, and we sure have had our share of dogged debates on the issue of climate change and energy issues. but when it comes to deciding what is best for our future generations, and our beautiful earth, there is always room for reasonable compromise and a way forward. so as we continue to work diligently in the senate, i also look forward to visiting again with him and we will make that happen sooner than later. and once again, i want to thank senator whitehouse for coming to the table to establish a truly common sense, all of the above energy policy that acknowledges the vital role coal must play moving forward. this energy strategy will also help protect good paying jobs, boost our economy, nationwide, and around the world, and improve the quality of life of all living things. we're going to fix this

together. not as democrats or republicans, but as americans. as the world leaders we always have been. we have been going to find the balance and we will find the balance and show not only america, but the world, that we can look past our differences to better this world. and i look forward so much to that and we both have looked at it from this standpoint, we both agree that working together and basically agreeing that we have a responsibility in this world, in this country, to be a leader again, and finding a pathway to using the energy the good lord gave us and the best balance that we can with the economy and environment and clean up the environment that we were responsible for. so i thank my good friend and with that i would yield the floor. live now to the senate health and education committee for a hearing on campus sexual assault and how federal law can be used to hold schools accountable and students safe. senators will hear from the education department, and tufts

university student john kelly, a survivor of sexual assault. this hearing comes on the heels of three campus sexual assault meetings recently held by missouri democratic senator claire mccaskill who championed the issue. this is live coverage on c-span3.

good morning. the senate committee will come to order. this is the 11th in a series of hearings to inform this committee's authorization of the higher education act.

i released my opening thoughts on what the act should look like, i've asked all stake holders to submit their thoughts and comments on the proposal by the end of the summer, august 29th. i plan to continue to add to that proposal in today's hearing will help determine how best to proceed on that very important topic. the focus of today's hearing campus sexual assault is a profoundly important one. too many students are being assaulted on our nation's college campuses. according to current research, an estimated 1 in 5 women are sexually assaulted or victims of attempted sexual assault while in college. as we will hear today, sexual assault does not just happen to women. approximately 1 in 16 men are victims of completed or attempted sexual assault. research also shows that lgbt students as well as students with disabilities may face a higher risk of sexual assault. no student should have to endure something so terrible as sexual

assault while they're in college. and today we're going to hear from the administration, from survivors, and researcher about the work they're all doing to make our college campuses safer for everyone. this hearing will also explore the higher education act and title nine and how these two laws address issues related to campus sexual assault. the clery act provisions within hea play a critical role in ensuring the proper reporting of campus sexual assault, and that the appropriate supports and systems are in place for when these assaults occur. title nine, one of our nation's landmark civil rights laws, which celebrated its 42nd anniversary this week, also plays a substantial role in ensuringcollege have adequate processes in place. title nine is critical to providing survivors with some of the supports they need in the aftermath of a sexual assault. today we'll hear about the work the administration is doing to

ensure that colleges meet their title nine obligations. the clery act and title nine seek to address issues in different ways, and i appreciate that some colleges are finding it challenging to understand their obligations under both clery and title nine. i hope today's hearing will bring to light how we can make it easier for colleges to understand their obligations under both important laws. and i will close by saying this is an issue that has for far too long been swept under the rug, been put in the closet, try to hide it. we have got to address this forth rightly. we know what is happening. we're getting more and more data that is coming forward. i read the testimonies of the people that are testifying today. there are some compelling testimony in there in terms of how we need to change some of our systems to make -- to bring more of this to light, to

provide colleges with the kind of flexibility that they might need. the one thing that came through to me in the testimonies that i read last evening, more than anything else, was that one size does not fit all. that not -- these are not all the same acts. they vary in intensity. they vary in approach. they vary in victims. they vary in perpetrators. they vary in a lot of circumstances. and so therefore perhaps a one stringent provision that cuts off all aid -- all title four money to a college, which is never used, by the way, is not really a deterrent at all. so we have to look both for the deterrents, the adequate penalties and fines that accrue, setting up structures with

colleges so that they can prevent this, that's the best course of action of all, and to let victims know that they have recourse. and they have the support systems in place so that they can report and bring this to light. without the victim being a victim twice or three times over. so i hope that this hearing now will start that process to where we can address this adequately in the higher education act reauthorization. with that, i'll turn to senator alexander for his opening statement. >> thanks, mr. chairman. thank you to the witnesses for coming. we look forward to your comments. i was once a college president. i have had children in college and i went to college myself so that we know that's a very special experience when you hug your parents good-bye and

students are turned over to a college campus and the parents are anxious and the students are nervous and you hope everyone is safe and everything is successful. and unfortunately and the focus of the hearing today is sometimes that turns out not to be true. so the purpose of what i think we should be doing today is finding out what we in washington can do to help create an environment that helps campuses discourage sexual assaults, which is the subject of this case, and then to make sure that if there are any requirements that we have from here, to campuses that they be clear and that they don't cause campuses to spend their time, more time filling out forms than they do creating an environment to discourage sexual assault. i think it is important to remember too of the limits of what we're able to do from here.

on campuses in tennessee, there is a dean of students and there is a president of the college, and there are trustees. aur all of whom have the primary responsibility for the campus and taking action. if it is a public institution, where three out of four of our students go, there are legislators and there is a governor and i know that about the time i was president of the university of tennessee, the state of tennessee passed a crime on campus bill, which was modeled after the clery act, which was the work of parents in pennsylvania, whose child was murdered. just as we want gun free school zones, if we really want gun free school zones and our 100,000 schools, it is primarily the responsibility of those in the community and the principal and the parents and the students in that school. so whatever we do here, i think we need to make sure we don't suggest to anybody that we in washington can make the

campuses -- should be primarily responsible for making the campuses safe. i don't think the country would want to look up here and see a senate, a united states senate that can't balance a budget and can't even agree on how to consider appropriations bill ought to be the one who you look to do be responsible for campus safety on -- in 6,000 institutions with 72 hundred campuses and 22 million students. if i were -- if my child were going to a campus, i would look to the dean of students and the faculty and the environment on that campus first. but there is a role we have to play, primarily because we along with the states help fund campuses. we have been playing that role. there is the clery act which i mentioned just earlier. and these are the rules and regulations that in a campus administrator will have to

consider, these proposed rules and regulations. and the question we should have is do these really help create an environment to discourage sexual assaults or is there -- is there something we can do that is simpler and clearer and more effective. under title nine, there are responsibilities and guidances and steps that we need to take. so i'm glad we're having the hearing. i especially appreciate the efforts of several of our senators, senator mccaskill, not a member of this committee, but is very interested in this, i met with her about this. and one of the things i would suggest to the chairman of the other members of the committee, at least one of whom is formerly a member of a faculty of a distinguished institution, i think at some point we ought to have informal or formal discussions with the people on the 7200 campuses who actually have the job of creating an environment for campus safety, including discouraging sexual assault and responding to it

appropriately and making sure the things we do from here are helpful. and not burdensome, which is sometimes the case. so i welcome the hearing, i congratulate the senators who made this a focus of their attention. i look forward to learning from both panels of witnesses, thank you, mr. chairman. >> thank you, senator. >> i have two panels, the first panel will basically be our administration witnesses and then we'll move rapidly to our second panel. i'd like to start by welcoming our first witness, miss catherine lhamon, miss lhamon is the assistant secretary for civil rights. prior doming there, she was the director of impact litigation at impact council. before that, she praks tcticed the aclu of southern california, serving as assistant legal director. she also serves as a teaching fellow and supervising attorney in the appellate litigation

program at georgetown law center. she graduated from am had hurst college. next is mr. james moore, manager of the clery act compliance division of the u.s. department of education. he joined the department of education in 1997, and has become a nationally recognized expert on the clery act and serves as a representative on the white house task force to protect students from sexual assault. so welcome. both your statements will be made part of the record in their entirety. miss lhamon, we'll start with you. if you could sum up your statement for us in a few minutes, and then we'll move to mr. moore and then open it up for questions and answers. welcome, miss lhamon. please proceed. >> thank you so much, chairman harken, ranking member alexander, members of the committee. i appreciate the opportunity to share our work with you today. i am catherine lhamon, assistant secretary for civil rights at the united states department of education. the enormously talented staff i work with and i have the privilege of enforcing our

nation's federal civil rights laws in schools, including title nine of the education amendments of 1972. and we have made as a country great strides in the 42 years since title nine became law with many colleges and universities having changed their policies, their practices, so that they're not discriminating and in compliance with the law. i applaud those colleges and universities for recognizing that their core educational mission includes ensuring safety of their students on campus. still, sexual violence is pervasive across too many of our campuses. we are committed to ending that reality in schools. in this administration, we have investigated more than 100 institutions of post secondary education. we have issued policy guidance and we have delivered significant technical assistance to colleges and universities that have reached out to us. the president and the vice president have prioritized this issue including by creating the

white house task force on protecting students from sexual violence this last january. one key deliverable in the first 90 days from that task force was the issuance from my office of a 52-point question and answer document that supplements the previous guidance related to sexual violence so we could answer the many questions that have come to us from colleges, from universities, from the community about ways to comply with the law, the ways we enforce and what it is we expect in schools. we had already issued guidance in 2001 related to sexual harassment and in 2011, this administration was the first administration ever to issue guidance specifically folk cusen sexual violence. in addition to issuing that guidance, we have as i mentioned delivered significant technical assistance to colleges and universities who reached out to us with questions about what they can do to better deliver for their students and we're very pleased to be able to use that tool. and we use all tools available to us including our enforcement tool and i would like to share some of our recent examples of

enforcement in this area as examples of the ways that we have been able to achieve robust agreements to change the experience of students on campus. just last fall, we entered into an agreement with the state university of new york, the largest institution of public higher education in the country, serving 219,000 students across 29 state operated campuses. it was the largest single impact we could have had with a single investigation and i am enormously impressed with system for having the courage and leadership to commit across all campuses they would change their policies so they are fully compliant with title nine and so that they deliver the message to their students on all of the campuses related to sexual violence. they have committed to reopen their case files, investigative files since 2011 to identify whether there is more relief that can be delivered to the complainants who have come to them. they will report to us what it is in addition they will do and

if not why not so we can evaluate whether they have changed their practices to make sure that they are responding in a timely fashion to the complainants who come forward to them. we as part of our investigation for the system reviewed 159 case files across our campuses to take a look at the ways that the university system had investigated the complaints that had come to it. we had significant concerns. we are really impressed with the system for agreeing to reopen those files, and to identify what, if anything, more should be done. another really key component of that resolution agreement is an agreement for each of their campuses across the state of new york to bring in the community to evaluate what more may need to be done to make students safe. that recognizes as chairman harken noted that there is no one size fits all approach. what works may not be the same. they're identifying communities to identify what needs to be done at each campus to make sure students are safe and will report to our office what it is

the community members have asked for, what if any changes they will make, and if not why not so we can be part of ensuring the full community response in the solution at those schools. moving from the very large institution to a much smaller scenario, just this last spring we entered into a resolution agreement with the virginia military institution, which shows about 1500 students. so it is a much smaller campus, much smaller institution, but significant concerns and very significant resolution that commits for retraining, a change in policy at the campus and ensuring safety for all the students on that campus. even after some fairly significant harrowing sets of facts that included a system that had had a policy that required students who became pregnant had to be -- had to leave the virginia military institution altogether and could not be students there. that changed as a result of the resolution agreement. on that back grodropbackdrop, at

had issued wire hangers to young women cadets and called them their abortion tools and that the school had not taken appropriate steps to discipline the student and also to ensure that the title nine coordinator was involved in making sure that campus could be safer. that will be changed going forward. i'm very pleased that the virginia military institution has agreed to enter into a resolution agreement to change practices and ensure nondiscrimination for all the students on that campus. lo moving from the large and the small, we entered into a resolution agreement with tufts university and you'll hear from a student at tufts about his experience there as well. i'm really impressed with tufts for agreeing to new training, to rectify situation where they had not had a title nine coordinator at all for a year and a half during the course of our investigation. and for agreeing to make sure they do provide interim relief for students, that they do investigate the complaints that come to them appropriately, and that they change the policy to end practices, for example, of

including students prior sexual history as part of an investigation, which is inappropriate consistent with title nine. we have entered into very robust agreements with the universities of a variety of sides across the country in our enforcement space, i'm proud of what my staff has been able to achieve and i look forward to continuing because it is so critically important that we change the current practice where there are people who think that they don't need to comply with the law and that we don't need to satisfy what it is that title nine is very clearly set out. i look forward to answering any questions from this committee and i look forward to sharing our work experience with you. >> mr. moore? >> good morning, chairman harken, ranking member alexander and members of the committee. my name is james moore and i manage the clery act compliance division at the u.s. department of education. thank you for inviting me to discuss the department's role in enforcing the clery act and the implementation of the amendments to the clery act in section 304

of the violence against women act reauthorization. college should be a special time in the life of every student. a time of exploration, discovery, and joyful memories, but for far too many of our students, they have been denied the best of the college experience because of the crisis of sexual assault and other violent crime on campus. as you know, the clery act promotes consumer protection and transparency about crime. and other public safety matters by promoting transparency. by requiring institutions that participate in the federal student aid programs to provide accurate and realistic views of campus crime on campus and in the surrounding area. it is essential that campus safety and crime prevention information is provided to students, parents, and employees of the highest quality. members of our campus community should not have to wonder if the

crime information that is provided to them is accurate or have to worry that the information has been purposefully manipulated to create false impressions or to protect their school's brand. for young people, who are often new to a community on campus, anything that creates a false sense of security is especially dangerous. to hold institutions accountable, the department created a dedicated team to monitor and enforce these rules. the original clery team was formed in 2010. in 2012, fsa, federal student aid, realigned the team to strengthen it and make it more prominent within the office of program compliance. in a short time, the team now known as the clery act compliance division had a significant impact on the way institutions can confront campus crime. this team is dedicated to the cause of campus safety and carries out its mission with the safety of the nation's students and educators foremost in their mind. the department is committed to

improving clery act compliance and campus safety through a balanced approach of enforcement and technical assistance. one of our operating principles is that we will assist schools whenever we can and enforced whenever we must. the campus crime program review process is the primary component of our enforcement effort. the clery division conducts reviews to assess compliance with the act and the department's regulations. and also works with institutions to ensure the corrective actions are implemented and sustained. recently most of our reviews have been driven by complaints from our students, who are always our best source of information and who help us understand how crime is affecting their lives on campus. and here i must pause to thank the new generation of student advocates and activists who have developed a sophisticated understanding of the clery act and title nine. these students are using their knowledge to assist survivors and to make their campuses safer for everyone. i also want you to know that we

supplement our compliant based reviews with proactive compliant examinations that we conduct as part of a partnership with the fbi. in addition, our office of program compliance conducts about 300 program reviews each year. now, most of those reviews focus on financial aid compliance matters, but we have added a clery act and drug free schools and communities act testing component to each of the reviews. and my team oversees the work that the teams do on these matters to ensure consistency across the country. the clery division also monitors media coverage of campus crimes and we conduct assessments of major -- to determine if institutions have complied with the clery act in response to those incidents. now, i would like to share with you a little bit of information about the recent work we have done to implement the violence against women act reauthorization components of the clery act. as you know, last week the department published proposed

regulations that will fully implement the changes made to the clery act. i can tell you in my 17 plus years in this agency, i have never been more impressed or proud of a role making effort. work began on our implementation strategy after the passage and from the very beginning we have focused on reaching out to the people who are most affected by campus sexual assault and to top experts in field who dedicated their lives to addressing this problem. in may and june of last year, the department held public hearings where we heard from students and advocates and officials on a range of campus crime topics including the proper role of law enforcement and campus sexual assault investigations, and the need to find a balance between transparency and confidentiality. in fall 2013, we conducted outreach sessions with student groups, campus safety advocates, campus law enforcement and other stake holders to develop our understanding of their concerns and to help directly and to hear

directly from them about how the law should be implemented. we built relationships with colleagues across the government and higher education so that our rule-making effort and enforcement program could benefit from their expertise. from january through march of this year, we brought together 28 negotiators including one who will be on your next panel, representing a broad range of experience, interests, and perspectives including campus law enforcement professionals, victim advocates, school attorneys, title nine coordinators and most importantly our students themselves for three negotiating sessions. after careful consideration and extensive discussion, the committee reached consensus on proposed regulatory language on april 1st, this is a truly great accomplishment. while we always strive to reach consensus during our negotiated rule-making sessions, it is often difficult to do so with so many competing interests and perspectives represented. after reviewing and considering the public comments we receive on the proposed rule, we planned to issue final regulations by

november 1st of this year. the department is confident that the new providings will provide powerful tools to prevent incidents of campus sexual assault, dating and domestic violence and stalking. and to more effectively respond when these crimes do occur. these changes will also ensure a fair and more orderly path for survivors and their advocates to seek redress and ensure better access to the act daigs accommod services to which survivors are entitled. it is my belief that this hard work and the contributions of the white house task force to prevent students from sexual assault on which the assistant secretary and i both serve will result in meaningful and lasting change. in closing, i want to reiterate that we look forward to continuing our collaboration with this committee, with our institutional officials and our students in pursuit of our collective goal to put an end to campus sexual assault.

thank you, and i would be happy to take your questions. >> thank you, both, very much, for your statements. we will now turn to a round of five-minute questions. miss lhamon, about title nine and enforcement mechanisms for title nine, that basically terminating all federal funding for an institution, i believe if i remember right in reading your statement, you say that's never been used. >> it has never been used in a institution of higher education. it has been used with school districts. >> but not an institution. for this kind of an incident. >> we have not had to actually withhold federal funds from a college or university. if i may, just last april, we have i think the best example of how well that tool is working for us. tufts university after they entered into a resolution agreement with us purported to revoke that agreement and i sent them a letter telling them they were in breach of the agreement and telling them they had 60

days to cure or we would begin the process to revoke federal funds. within two weeks tufts university came back into compliance and is part of -- not in compliance with title nine, but in compliance with the resolution agreement itself. so the threat of withholding federal funds is a very significant enforcement tool for us, one of the reasons we have been able to see our institutions -- >> you've given me one example, but your statement says it never has been used. >> it's never been used that we had to withhold the funds. it has been used as an incentive for the institutions to be be able to -- >> what we call a nuclear option around here. >> well, it is a pretty good nuclear option. my concern would be not having the nuclear option. >> i'm not certain it is a good option. maybe something you have in the backgrou background, but if you don't have other options you can use, by diverting funds, for example, in other words, saying okay, part of your title four money, because of this violation now, some of those funds have to be

diverted to a campus based program for prevention and information and support activities for students. >> so with respect, senator harken, i think we have that opportunity as part of the resolution agreements, we do enter into agreements with institutions that they change their practices which have costs associated with them. the institutions have to have council who -- >> who have the authority to divert funds. >> not to divert funds, but the authority to direct them to take steps that have to use funds and that are costly. >> but you don't have the authority to tell them, no, you got to direct funds for that? >> well, i think that's a semantic difference. the schools, when they have to take steps that cost money, they do divert funds toward that practice. and those practices include, for example, paying damages to complainants who have come forward, they include retaining additional staff who have to focus on a particular project and report to us about it, they include creating climate surveys and conducting them on their campus, they include taking steps to train students that cost money and train staff that costs money, that's a diversion

of funds. that's very significant for campuses. and in my 17 years as a civil rights litigator before i came to this administration, what i did was to use what is a nuclear option, which is to say there would be a significant -- >> are you saying you don't need any more authority or anything else from this committee or from the congress to carry out your oversight and your ability to sanction, to redirect funds, to -- at any of these institutions? you don't need anything else from us? you have all the authority you need? >> i think i have all the authority i need. it is not my view we lack a tool that is meaningful for us. >> that's amazing to me. >> and it is very satisfactory for me. >> you have all the tools you need. >> i think we have the enforcement tool we need. >> something is not working out there. i'm sorry. some things are not working. even you in your testimony said you've got through your investigations, we know colleges

and ufrs are niversities are retaliating, delaying investigations for months or longer, delaying service and support to survivors when their investigations are pending or providing adequate relief. you're saying this is what is happening out there. >> those are very, very significant concerns and those are thins we want to see changed on campus all over the country, anywhere they happen. and i think that we have been able to enter into robust agreements that are taking those steps. i would be delighted to work with you and your staff on this as we go forward. it is important to us we make sure all our students are safe and i think we're moving in that direction. >> well, maybe i'm not hearing this right, but i guess what you're saying is nothing more needs to be done on our end. you've got all the authority you need to take care of this. >> i apologize if i even suggested that were true. i would love to identify ways we could work to the. my view is that the importance

of the threat of withholding federal funds is something that should not be undermined and that that is something that has been a very effective tool for us. i think we should be clear that is so, and there may well be more things we can do and i would welcome them to add to the arsenal because i think it is critically important we deliver for all kids. >> mr. moore, my time is running out. one second left, but in terms of information on the clery act, the schools are required to provide this information to the students, the general public at large. how good a job do they do of informing incoming students and their families as to what the incidents are of sexual violence on the campus? i mean, in other words, when students look at colleges, are they able to look at this? is this presented in a format they can see and compare from one college to another? what's happening? >> excuse me. thank you, senator, harkin, for the question.

all institutions are required to notify perspective students and employees about this material, what we call the annual security report and make it available upon request. most schools have put it on their websites, and it is right there when you go on to apply to a school, for a job or for enrollment. >> are you saying again that the stools are basically dong a good job of this, they're being accurate, they're being honest about reporting this to perspective students and families? >> they're doing a relatively good job of producing the reports. now, we do find significant violations at some institutions with the statistics. so i would say that there are violations out there, we know that, we find those in our cases, and where we find them we take action. we're hoping that these new requirements will give us some additional tools and require additional disclosures that will allow students to have better

information about the environment that they're going into with regard to sexual assault. >> got it. thank you very much. >> thanks, mr. chairman. miss lhamon, mr. moore, you're both in the united states department of education, right? same department? >> that's correct. >> and mr. moore is -- has just talked about regulations that you are proposing under the violence against women act amendments to the clery act. so you've gone through a public notice, you're about to go through a comment period, on these, at which institutions will have a chance to say what they think about it, anyone else will as well. is that correct? >> that's correct, senator. >> miss lhamon, you talk about something called guidance and i got here about 66 pages of guidance under title nine. now, are -- do you expect institutions to comply with your

title nine guidance documents? >> we do. >> you do. then why -- what authority do you have to do that? >> well, it is our -- >> why do you not then go through the same process of public comment and rule and regulation that the same department over here is going through under the clery act? >> well, we would if they were regulatory changes, but the -- >> why are they not regulatory changes? do you require 6,000 institutions to comply with this, correct? >> we do. >> you do. even though you're just making an edict without any chance for public comment, without any regulatory approval? how can you do that? >> i would not describe it that way. >> i would. how can you do that? why would you not go out and ask institutions and people who may have been assaulted what they think about your guidance before you apply your guidance to 22 million students on 7200 campuses? >> first, we do.

we have quite a long list of conversations that we have had in person and through letters and -- >> but you're in the same department of the united states department of education. under the clery act, he's going through a regulatory process which publishes what he's doing after stake holder meetings, after discussions, he's asking for comment, then regulation and the congress has a chance to weigh in, but you're just over there issuing your own opinions as far as i can tell, correct? >> no, that's not correct. we have gone through the regulatory process -- >> who is responsible for this? you? >> i am, yes. but that's not just my opinion. that's what the law is and it is guidance about the way the -- >> it is the law? i thought we made the law. do you make the law? >> i don't. >> then who gave you the authority to do that? >> well, with gratitude, you did, when i was confirmed. >> we told you could -- you could make the law in title nine, then why can't -- why does he go through a public notice and comment under the clery act if you don't have to? >> i do have to go through a

public notice and comment period when we regulate. this is not regulatory guidance. >> i greatly disagree with that. i greatly disagree with that. >> i hear that. >> what you're doing is writing out detailed guidance for 22 million students on 7200 campuses and it is just -- it could be your whim, your idea. we make the law. you don't make the law. w where does such a guidance authority come from? why would the same department -- how often do the two of you meet within your department? >> we nemeet -- >> how many times in the last year have you met? >> i couldn't count them, there are so many. >> did you have input in his -- in his rules that are proposed to be ruled? >> yes, a member of my team has been part of the notice and comment process. >> i'm very concerned about that

the arbitrariness of an individual and department saying what the law is when i thought we were supposed to do that. i understand that your two offices signed a formalized agreement to better handal title nine and clery act complaints and to share information. is that correct? >> that's correct. >> and is that because in the past you've really failed to coordinate and create the'd a good deal of confusion on college campuses about how to coordinate the responsibilities for dealing with sexual assault is a look up at title nine and look up at the clery act? >> i wouldn't describe it that way. i think there is room for growth for us an i'm pleased with the collaboration that my office and the federal student aid office have been able to enter into and effectuate for students. i think it has been working extremely well. >> what kind of formal procedures did you have to discuss your guidance with institutional officers who have

to comply with your guidance? how many meetings did you have with institutional officers around the country? >> well, i don't have the number off the top of my head, it took about three years to prepare that question and answer document that followed the 2011 guidance and in those three years we had many, many meetings with college and university officials, with associations of college and university officials, with student activists, with survivor organizations, with title nine coordinators, we had just a tremendous number of actual in person meetings, telephone conversations, letters that came to us, asking questions, telling us what more we need. it was a long process that involved many stake holders with many different opinions so that we could give them greater guidance and clarity about the ways we enforce. >> my time is up. i would say to my colleagues here, i think we should carefully consider not just in this case, but in other cases, fda or anything else, what the

differences between the law and threw throu through regulation, proposed by the department of education and the growing business of issuing guidance where there is no opportunity for the kind of public comment and approval that the regulatory procedure has. thank you, mr. chairman. >> thank you, senator alexander. i have senator murray, senator warren, senator hagan, casey, baldwin, murphy and whitehouse. senator murray. >> thank you very much, mr. chairman. i appreciate you holding this important hearing. the department of education investigates allegations of title nine and clery act violations. and earlier this spring listed 55 colleges including washington state university under investigation for title nine violations. what are some of the best practices in the field that universities can take to proactively prevent sexual assault? >> thank you, senator murray. among the best practices that we hope to see is the conduct of a

climate survey as a way of identifying how students feel, how a faculty feel about safety at campuses as a way of identifying whether the campus message has been received by the students and the community at that campus about where to go, what is tolerated what is not tolerated, whom to complain to, if necessary, and whether there is a feeling of safety on the campus so that schools can respond. we think a climate survey is a really important first step. in addition, it is critically important to communicate about sexual violence on the campus, about sexually hostile environments so the entire school community is clear about that is and is not acceptable on campus. it is important to let students know who title nine coordinator is, where to go, if the students need help, how to complain and who are resources on the campus. and finally, it is extremely important to have a transparent and fully functional investigative process where students need to complain so

that interim relief is available to students when they need it so students can be clear that effective and appropriate steps are taken to address sexual violence when it occurs. >> very good. i appreciate that response. i have sponsored along with senator baldwin and many other members of this committee the legislation called the tyler clementi anti-harassment act that requires colleges and universities to prohibit harassment and establishes within the department of education a grant program to support campus anti-harassment programs. wouldn't such a grant program be be helpful in addressing campus sexual assault? >> i, as part of my role and representing secretary duncan in the white house task force, i visited campuses around the country as part of the violence against -- the office of violence against women in the department of justice grant program to see what kinds of successes they're able to see

from the grants they're able to deliver. i have to confess i have real jealousy that they're able to give those grants and to ask for changes they know need to be made and for research about best practices that can come from the delivery of the grants. it would be meaningful for us. >> thank you very much. mr. moore. >> thank you for your work on that initiative. what we find with the clery act is, it is one of the reasons why we are very excited about the work that the task force and the work ocr is doing with regard to climate survey. you have to understand with the campus climate and culture is before you can address it effectively. one of the other tools in the new requirements is we require schools to have primary prevention programs. it only works in a proactive way if you understand what is going on your campus. if you have problems in an rotc program and the athletic department and fraternities and sororities, you have to make sure that training is designed to address all of those issues.

it, to get to these issues of culture and climate and tradition that are problematic on campuses, we have to get an understanding of harassment, hazing, several other factors, if we're going to be effective. so thank you very much. >> perfect, thank you very much to both of you. thank you very much, mr. chairman. >> senator warren. >> thank you very much, mr. chairman. you know, the topics of this hearing couldn't be more important. our young people go to college to learn about the world to start their careers while they're working hard to build their futures. they should at the least feel safe on campus. and they should feel confident that if they are victims of crimes, the people around them will respond quickly. and with respect and compassion. i know now that for 20 years the federal government has been collecting and disclosing data on alleged campus crimes under the clery act.

mr. moore, you just noted that last week the department of education released draft rules on expanded data collection. now, data can be a powerful tool in helping us understand the problems we face. and possible solutions. i want to ask about how the data are used. so mr. moore, can you tell me about what kind of analysis the department of education conducts with clery act data and take it as a whole what these analyses have shown? >> thank you, senator, for the question. what we do to validate the information is we go out to schools and we conduct assessments, compliance assessments, and when we do that, we will look at substantial samples of incident reports to see if they were classified the right way. >> so just so i'm following you here, you say you go out and validate you're getting good data that comes in, and so you make an independent on the ground evaluation, you look

through what kinds of records? >> police incident reports, student conduct records, sometimes hr records, sometimes you have to go into athletic departments or fraternity offices where -- anybody who can adjudicate discipline or investigate issues of discipline we have to look at records from those offices. >> so you look at the records, you look at what was reported and see how good the match is. and then you know about the quality of your data. and i presume if the match is not good, then you have an ongoing relationship then with the school about how it is they need to improve their data reporting. >> there are several thing we do. there is technical assistance and corrective action component. if what we find constitutes a substantial misrepresentation, they could be subject it administrative action, usually a fine. >> you try to get everyone in compliance in terms of reporting the information. we have this information, we

have been collecting information for 20 years now, presumably the quality of the information has gotten better over time and more complete over time. what do you do with the information? >> we do collect that information from all of our institutions and we do analyses of it to try to track trends in campus crime. >> you look for trend lines on a school by school basis? >> sometimes by school by school basis, but also across sectors of education. we'll often look at community colleges, and look for trends there. obviously the crime environment is very different at a community college. it doesn't have dormitories versus let's say for profit educational institutions that don't have the big sports programs, big fraternity programs, and we'll look at our traditional institutions that are likely to have more types of crime occurring. >> and do you make those -- all of those reports public when you do these analyses? are you putting them out there,

making them public? >> the statistics are publishly available. the analysis is not. >> so you do the analysis, what happens with it? >> basically we use it to formulate our compliance program. we use it in the conduct of our cases, and it also gets used in terms of possible proposals for changes to the rules. >> actually, then, let me switch it over to miss lhamon. do you use these data as part of your enforcement strategies and designing your enforcement strategys? >> we do. and we use it in two ways. one is that jim and i work together when we collectively have concerns, based on the analysis that jim and his staff have done. he may refer something to us so that we can begin to investigate. we look at the data itself to decide whether we should do a proactive investigation of our own. and it may be counterintuitive, but sometimes low data from a school is a reason for us to go

in and investigate, because it seems like they may not be reporting appropriately. we use the data for where we should look at a school and when we have a complaint to us, what we should do when we evaluate that complaint. >> let helpful in making your decisions about where you've got compliance and you don't that you feel like ought to be there? >> sure. one is coming we will access that i would like to have we don't have now. i'll get to the one we don't have. i have a civil rights data i conduct for k-12 around the country. it gives me health for those schools that is enormously helpful. i don't have that same data access at the higher education level. it would be terrifically useful in this area for civil rights compliance in higher education. it would be very helpful to have it. >> i've run out of time.

i very much appreciate this. i do think we have to be very careful about the quality of our data. i'm very glad to hear about this part of it, how we use this data, analyze problems and collect more and better data if we need it. the focus on prevention needs to be far more intense than it has been. thank you, mr. chairman. >> thank you, senator warren. senator casey. >> mr. chairman, thank you very much. i appreciate you having this hearing. thank our witnesses for your work on this. i have to commend the work you've done, the white house, vice president biden. this problem has persisted for generations. we are finally getting to the point where we are reacting appropriately to it. we should react with a sense of

outrage. this is the ultimate betrayal of a woman who attends college. we all say we want people to get higher education. we all say it's important, then we send them to institutions where, many institutions, not every but many, don't seem to take this issue very seriously. it should be under the category of a zero tolerance effort. the perpetrator should be labeled with words like "coward" and "monster" and whatever we can come up with. i know that upsets people, but that's the way i see it. it should be zero tolerance. institutions should be doing a lot of things already without any laws, without any regulations. you have to send the message more directly. i'm glad we made great progress when we reauthorized the violence against women act.

one of the component parts was my campus save law, which you are now working on implementing. we're grateful for that. i'm grateful for senator leahy and his work to get that done. we made progress with campus save. got to get it implemented, but i'm sure there will be gaps and other matters that weren't addressed. we've made progress and have a long way to go. in light of the campus save elements, which you've spoken to a little bit in your testimony on page four, talking about clarifying definitions, keeping data, having better prevention strategies, getting bystanders involved. too many students who don't want to do what they should be doing to help when they're bystanders. a whole range of changes will take place. one thing i wanted to ask in particular was now that you're in the process of making sure these provisions get

implemented, how long will schools have to come into compliance? >> thank you, senator, for the question. thank you for your work on the campus save act. as a fellow pennsylvanian, you make me very proud, sir. >> thank you. what we have been very clear, and we are going to issue additional guidance in coming days, to reiterate that institutions have to make their best good-faith effort in this first year. okay? the best good faith effort to comply with the statutory language since we don't have final regulations. so when institutions issue their annual security reports in october of this year, what we are going to be looking to see is indicia schools are looking for ways to implement these requirements, then have a full year to issue additional

guidance to clarify problems. with all the work we've done on this, you can guarantee there is a piece here or there we didn't consider and we will have to go back and address that in our guidance. we are going to have a complete rewrite of our handbook for clery act compliance. that will be available to the schools. we are working on other training materials available free of charge to all our schools. by the time we get to october 1, 2015, everybody should be on the same page. >> that's great. want to ask you as well in the remaining time i have, on the question about the education of institutions. look, i realize institutions tend to feel they're overwhelmed with rules, but this is one they've got to comply with.

tell me about how currently or upon implementation the department will help going forward. >> we increased our presence at training conferences. we have increased both the number of guidance documents we put out and the quality of those documents. we've brought them down to a level that will be, that should be easy for all institutions to implement. that's one of the issues with the clery act. you have 6,000 schools, some of them with 25 students and maybe three or four employees and a strip mall running a cosmetology school. the clery act requires schools to take that law and implement it at their schools. they need an implementation plan. in this new guidance, we want to give them best practice

information that will allow them to develop that implementation plan in an appropriate way at the very little school and the large school. >> i appreciate that. i'm over time. thanks for your work. >> thank you, senator casey. senator baldwin. >> thank you, mr. chairman. earlier in this session of congress, we took some incredibly important, and i would argue very long overdue steps towards combatting the epidemic of sexual assault in the military. in examining the problem of sexual assault in the military and the steps that were taken, i discovered there was no specific focus on looking into and collecting data on sexual violence in our reserve officer training corps programs on our nation's college campuses. i view rotc programs as sort of

standing at the intersection between this issue and crisis of sexual assault in the military and sexual assault on campus. nearly 40% of all new officers commissioned into the army and navy combined since 2012 have come out of rotc programs at our nation's campuses. i really think it's critical we understand how the issue of sexual assault is being addressed among the commissioning source of so many of our military's future leaders. that's why i earlier this session asked the department of defense and the white house to ensure that data from rotc programs contributed to the full understanding of the problem of sexual violence at our colleges and universities. so i was disappointed that the report by the white house task

force to protect students from sexual assault that was released in april didn't address these issues, nor does, as i understand it, any department of education title 9 guidance speak specifically how rotc codes of conducts should address this issue. while i understand instances of sexual assaults against students who are in rotc programs should be investigated and reported in the same manner as other campus sexual assaults, i guess i could, i guess my questions are, have you undertaken any formal or informal collaboration with the defense department on the issue of sexual violence in rotc programs on college campuses? can you tell me why the department of education has not apparently spoken specifically

to this aspect? i would ask both of to you respond. >> thank you. i want to say sorry to have disappointed in you the task force so far and hope we can redeem ourselves going forward. >> it's a focused criticism. >> fair point. thank you. two. i want to be sure i say our goal, especially in the most recently frequently asked questions document, was to make very, very clear there is no student on a college campus whom the college title 9 obligations do not extend to. it was our goal not to take away from that overarching message that title 9 obligations extend to every student of every type on every campus so that the schools will make them all safe. i had some worry if we disaggregated any particular type of student we would undermine that message. i would be very pleased to work with your office as we go forward about ways to make sure we are sending a clear message also about the rotc