Number. I am telling you on the overstays that were identified. It could be much higher than 113. Mr. Jordan, unique or to answer your question you interrupting me every time i begin. Im sorry, keep going. There are investigations over the last year in fiscal year 15. Thereve been 118 investigations of serious. I cannot tell you which ones of those entered the country on the Visa Waiver Program. No, sir. I was not in the office he office appalled at that point. I knew do know its been encouraged to continue the work by director rodriguez and continue the work theyve been engaged in in regards to social media. Im aware of no memorandum secret or otherwise that bars them from using social media. Real quick, different subject, but in your Opening Statement you mentioned the last time you testified and im curious, do you think the situation in libya today is more stable than it was in 2011, or less stable . The hearing on which im asking your opinion on the stability. I would refer to the state the parma and my personal opinion is not relevant. Its no more stable, but had nothing to do with the issue the gentlemans time has expired. I will refer to the state department on that for their judgment. You are the chief diplomatic officer for policy and i think your opinion is relevant. What is the question, mr. Chairman . The question mr. Jordan asked you, what is your opinion of that question . With isil . Yes. Or with libya . Well, with both. I give that answer with regard to libya and as far as isil think it remains a substantial threat and is treated by such but every rational political leader i know across the world and in addition to the european leaders and secretary johnson, attorney general lynch met with last week gentleman from massachusetts, mr. Lynch is recognized. Thank you mr. Chairman. Good morning and i want to think the witnesses were helping the committee and for your service to our country. I do want to go back, about the overstay issue because last week ms. Tracy who is a fine person just did not have her numbers with her. And responsive to a huge number of questions unfortunately and im sure she is a fine person, but we are after the facts and she did not have many. Okay, so she told us last week and we had a recess during the hearing so she could call the office and she told us 20 Million People a year have come in under the Visa Waiver Program and she said there was 2 overstay each year is what she told us, which comes to 400,000 overstays per year. Are you telling me Something Different here today . The estimates is in thats range, but the number im good with that. I dont want to waste my time on that, but i was i thought i was going to come out with less facts then when i came in with. The issue of the overstay and the submission of the report that is underway its been under way a long time. Im not a young man, so i dont even want to do a more on this because i dont do gets going to happen. We have been promised that per year and when i see the report i will believe it. Let me go on. Look, between what the director said even yesterday look, if you talk to the folks in our National Security community, the Islamic State is using social media as a main recruiting tool. This is their game. This is their world. They are doing this all the globe and yet if we look at what Homeland Security is doing, we dont have a regular widespread requirement that our people review the social media of people coming from trouble areas where you have a lot of terrorists, places like pakistan, afghanistan, syria, iraq, tunisia, parts of north africa where you have got a lot of support for radical jihad, violent jihad and we are not reviewing the social media even though that is the world in which they operate and we dont regularly review that and thats major problem. So, look, i think if someone is applying for citizenship to the United States, is entirely reasonable that we ask for their social media contacts, their information. These people dont radicalize overnight. A lot of them have had public statements, not their private emails. I know tashfeen malik, maybe her stop was directed and private, we should have got that anyway. We should have said we want your social media, both private and public. That is entirely reasonable to ask people coming from countries that are known to sponsor terrorism. Layer we doing that . Why arent we asking people for their look, i will present massachusetts 52 request the social information on media. From applicants to college, they want to know whats going on on your facebook, your social media if the employer if half of the employers in america are doing that in the private sector, if your colleges are doing that for students, why the hell with the department of Homeland Security do it for someone coming from a terrorist country or a country that sponsors terrorism coming into the United States . It would seem to be i daresay a nobrainer, but its not happening, so it has me worried that we are not doing any of this. Anyone care to respond to that . I can certainly take part of that question, congressman. As i tried to make clear in my opening remarks, we have been piloting and again, a number of cases touch very few though, its a Pilot Program and i know you have Pilot Programs, but we have millions and millions of people that are out there that want to come into this country and we are doing a very small bits. We dont even look at their public stuff. Thats what kills me. Dhs doesnt even regularly require that thered ministration office we dont even look at their public stuff. To be clear, we are moving both in the refugee and other immigration contacts we have been doing some of it. We are working you have three very small Pilot Programs going. Will, we have talked to the folks overseas and we know what they are doing and its not regular routine, not widespread, just to be fair and even and i talked before the hearing about whats going on in beirut. We have not had eight regular vetting team there in a year. They fly in and fly out because of the conditions there, but i dont want happy talk. Sometimes i hear a lot of that, that we are doing fine overseas and when i drill down and go to beirut, when i go to the syrian border, what youre telling us is just happy talk and they say they dont have the resources, they didnt have the resources when we had 160 applicants a week and now they are getting 16000 a week. And we have the same amount of resources we had before. It troubles me greatly. I dont think we are doing a good job and i think we can do better. I would like to get the resources to the people to that people well and then if we deem them eligible, then you can take them in as refugees, but we can be smart and then we can be compassionate, but right now it doesnt seem like we are doing either. I will yield back. We will now recognize the delman from michigan for five minutes. Mr. Rodriguez, going back to that issue that my colleague mr. Lynch broached with you, dhs has indicated that again three Pilot Programs. We talked about that and it includes social media. Has dhs ever had a policy preventing adjudicators and attorneys attorneys from reviewing social media post . Im not a wear of policy that presented it prevented, obviously there are very various privacy and other government issues and there has never been a privacy issue and during the time i have been director and that secretary johnson has been secretary, what we have been doing is, in fact, piloting and developing the capacity to use social media in a thoughtful, functional manner the per se bothers me a bit. Im sorry . The per se bothers me a bit. I am not aware of a policy why wasnt it happening . I would not read too much into the phrase, per se. I am not aware of their air was heavy many prohibited the use then we have conflicting reports than in the last several days that there was or wasnt. I know for where well during my tenure as director we have in fact been developing and piloting that capacity. So is a good policy that we look into social media . I do believe and i believe many of my intelligence partners have the same view that there is information of value that may be garnered from social media and we are in the process of doing that as we speak. Mr. Bersin, why did dhs wait if there are three basic pilot projects we took 2014, to create these pilots . The activities with regard to social media have been conducted by the components, prince of the cas, mr. Rodriguez is agency, palm and security investigation, rice and the cbp has conducted their activities. There was no headquarters overarching policy prohibiting that. To the contrary, these pilots have been going on under secretary johnson leadership and he has encouraged the components to actually why did we wait until 2014 to initiate these pilots . Mr. Rodriguez, could you help me on that . Why did we wait till 2014 to create these pilot projects . I dont know. Again, during my tenure can you bring the microphone closer . I am unable today to speak what occurred before. I certainly would be happy to get that information to the extent its not privileged and get that before the committee. When can we get . We are getting used to hearing we dont have that information. I think for us here, the main point is we are doing it. One of the reasons i just dont know what occurred years before i got here. What we can say now is that we are doing it. We are doing it in an abundant manner and are looking to have it the useful for screening purposes and that seems to be the most important discussions. What happened three or four or five years ago i cannot speak to what are the result of what you are doing now . Will, i think there is less there that is actually screening value than you would expect, at least in those small early samples. Some of the things that we have seen have been more ambiguous than clear. There are challenges in terms of people using foreign alphabets to code and thats a capacity that will need to be developed. As everyone has absorbed, many of these communications as we have learned from the director may have applied in the San Bernardino, situation are private communications, not openly open posts. Those are challenges we have identified. That said, i think we all continue to believe there is a potential for there to be information of screening value of particularly as congressman lynch and you have absorbed and particularly highrisk environments. I think recent events have shown that there is probably significant significant Important Information that we can use from social media and we would hope that would continue and we would hope to get more answers and not to push back that this is something we dont know. We have to know that and when we hear and we saw in the video earlier the white house representative telling us that we are doing everything in our vetting process is secure and we see results that are horrendous take place like in San Bernardino, we have a problem. I yield back. Now will recognize the delman from california, mr. Lieu, for five minutes. Thank you and let me first think the panel for the public service. I have a question for mr. Rodriguez, but first i want to make a statement. I am honored to be a us citizen and that is because you get amazing benefits of being a us citizen of the most amazing country in the world and when that constitution applies to you against your government, but for some time it does seem to be that the executive branch has been blurring the lines between us citizens and Foreign Nationals and some have it backwards let me give you three examples. 2011, the executive branch delivered late and i believe wrongfully executed an american citizen the a drone strike. The department of justice has now said at least four americans have been killed by us drone strikes for american citizens. The second example, the executive branch to the nsa has been seizing hundreds of millions of phone records of us citizens. They knew who we called, when we called, who called us, but ration of those calls and got so bad that congress had to stop the early this year. And prevent an essay from violating the Fourth Amendment rights of us citizens and then the third example, which is social media. There are reports, abc news says a secret policy blocks agents from looking at social media of folks seeking entering the us to the visa program and reports politico says secretary johnson believes that there are privacy reasons for why dhs is doing this. Mr. Rodriguez, you mentioned again the privacy reason. I just want to note the u. S. Constitution does not apply to Foreign Nationals seeking entry into the United States. So, do not give Foreign Nationals seeking into the United States rice that the us citizens have. If you cheek a job in the Public Sector or in my office we will look at your social media and the response i have from you all today is, well, now you are doing three small pilot projects that is not an adequate response and my question to you is, you need to reverse that policy. In fact, if there is a secret policy and maybe if there is it, but at the very least you need to have a departmentwide policy to look at social media, not just three small pilot projects and i want to know why you cant starting tomorrow have a departmentwide policy doing this instead of having three small pilot projects . And. There is not now nor was there ever a secret policy privity use of social media. There needs to be a structure to these things. There needs to be a plan for doing these things and that is what we have been doing for many many months now. In fact, a third of the pilots and we are talking meson numbers, a third of the pilots is being applied to thousands of individuals. I wont go into detail on that because i dont want to tick people off as to what we might be looking at. I agree with you that us privacy structures applied to us citizens, not in the same way to foreign persons. There are numerous examples in the manner in which we receive people at ports of entry, what we do at our foreign posts that are evidence of that distinction, so i do not im not sure i accept the premise of somehow we are safeguarding the privacy of Foreign Nationals to any greater degree. However, there are legal concerns that do need to be we asked dhs earlier this week to give us a legal case or to prove in the constitution that says there is any legal concerns with looking odds anything related to a Foreign National seeking entry in the United States and i dont know where these legal concerns come from and i dont understand the quote that secretary johnson has attributed to him saying there are legal concerns about scrutinizing web postings. What is that case you all are relying on . Again, i am not the privacy law expert for purposes of this hearing. In fact, there are issues that we need to make sure are satisfied with respect to potentially treaty obligations that apply, with respect to our own laws that may apply, a variety of issues and we are exploring let me just suggest u. S. Constitution does not extend Privacy Protection to Foreign National seeking entry to the United States. Need to not just have three Pilot Programs. It needs to be pilot seat policy of our government to look at social media and other information of a people seeking entry into the United States and with that i yield back. Mr. Lieu, i would ask unanimous consent to enter into the record an article put out today, this is from msnbc. Isa fox news and im siding msnbc. [laughter] fair and balanced. There enough. The title of this article, exclusive Homeland Security rejects vetting social media and included is a attachment supposedly from the United States to did citizenship and United States services and we are not vetted that, but in the spirit of getting to the bottom of this, i would ask unanimous consent to enter that in the record. Now recognize the delman from tennessee. Thank you, mr. Chairman. Is it your understanding of the president s plans to bring 10000 refugees into the country this year . Yes, sir. Can you tell them their contacts payor what it cost per refugee per year to bring them here . I dont have a per refugee cost. The overall program, though, is when you add together the cost of the state of parma, department of Homeland Security and health and Human Services that provides assistant to help refugees once they are here is close to a billion dollars. I heard a number about 84000 per refugee. I have to double check that. What percentage of the 10000 refugees would be [inaudible] we are bringing people who are the most vulnerable, so we have only brought 2 so far, only 2 of the ones we brought, the syrians we brought our fighting age men traveling without any family, so it would be slightly it would be a higher percentage in terms of fighting age men with family, but the 2 number you may have heard come with single without Family Attachment or ties. I just hope next time america gets attacked about our fighting age men dont want to resettle somewhere else. Hopefully they withstand five for our freedom. Mr. Chaffetz, you said about 20 million mr. Bersin, and sorry. Did i hear that about 400,000 over say . That is in the range of the estimate made, yes, sir. What are the repercussions for overseeing your visa . So, if it has to, one potentially legal and one in terms of your attempt to come back and to the country after using the visa. I indicated there is an immigration Custom Enforcement unit that tracks the overstays. There have been relatively few, but some prosecutions for overstays. There have been remova