Disrupting the Methamphetamine Market: The Federal Response
The President's National Drug Control Strategy aims to reduce use of all drugs in America by 25% within five years. While not focused exclusively on any specific illicit drug, the Strategy recognizes methamphetamine as one of the primary drug threats to America. Within the Strategy are three priorities: 1) stopping drug use before it starts, 2) healing America's drug users, and 3) disrupting drug markets. Recent data shows that with respect to youth aged 12–17, the President's goal of reducing drug use by 10% over two years was exceeded by one percentage point—good news for all Americans.
As a government faced with the challenges of punishing dangerous criminals and taking methamphetamine off the street, we are working hard to ratchet up costs to both the trafficker and the methamphetamine cook at a tempo that prevents the methamphetamine trade from adapting to new pressures or continuing its eastward expansion.
One of the flagship initiatives of this administration which cuts across agencies and programs such as the Drug Enforcement Agency, the Organized Crime Drug Enforcement Task Force and High Intensity Drug Trafficking Areas, is the Priority Targeting Initiative. Most of the priority drug trafficking organization (DTO) targets are poly-drug in nature, and respond to market forces—such as the demand for methamphetamine. For FY 2005, the administration is requesting $34.7 million for the Priority Targeting Initiative, which includes 256 positions to further DEA's plan for addressing the nation's illegal drug threats. This initiative will target priority DTOs involved in the manufacture and distribution of illegal drugs, including those involved in the diversion of precursor chemicals used to manufacture methamphetamine. With respect to OCDETF, the proposal includes $9.6 million for 113 positions, including 71 U.S. Attorneys, to address staffing imbalances and ensure we can prosecute those we arrest. The request also includes $6.3 million and 60 positions (26 agents) to expand the capacity of the drug intelligence fusion center, which would advance investigations of command and control targets linked to the Attorney General's priority targeting list. With respect to HIDTA, in FY 2003, Consolidated Priority Organizational Target (CPOT) initiatives received $16.5 million in funding, and of these initiatives, two were solely methamphetamine-related, and seven were poly-drug. Of the seven poly-drug initiatives, we classify four as having included a methamphetamine focus.
Of the original 53 priority drug targets, nine were listed as either methamphetamine distributors or poly-drug traffickers who deal in methamphetamine and other drugs. The new CPOT list has 40 targets.
With respect to agency activities related to methamphetamine, the various activities of the federal government include:
Drug Enforcement Administration
I am joined today by an official from the Drug Enforcement Administration. In order to avoid overlapping with his testimony, I will be brief with respect to the DEA's role in attacking the methamphetamine problem. In summarizing the Federal government's efforts to stem the spread of methamphetamine, however, I would note that the DEA is the lead agency in our drug enforcement efforts to investigate, dismantle, and apprehend for prosecution the members of drug trafficking organizations trafficking in methamphetamine.
The DEA's role is multifaceted with respect to methamphetamine: in addition to the identification and investigation of methamphetamine manufacturers and trafficking organizations, DEA plays an important role in providing support to state and local agencies regarding investigations, hazardous waste removal, prevention, public awareness, and training. Additionally, DEA regulates various chemicals such as iodine, phosphorous and iodine tincture that are used in the manufacture of methamphetamine.
Methamphetamine Prosecutions and OCDETF
Following up an investigation and arrest with the prosecution and sentencing of methamphetamine manufacturers and traffickers is a key part of our National Drug Control Strategy. Generally, the 93 United States Attorneys and their Assistant United States Attorneys have the responsibility of providing this follow-through on methamphetamine prosecutions. In FY 2002, there were 2,171 federal cases filed related to methamphetamine, against a total of 4,208 defendants. In addition, there were approximately 100 major methamphetamine lab cases filed. Together, these constituted 12% of all federal drug cases filed in the United States in that year.
Within the context of major drug prosecutions, the Department of Justice's OCDETF program provides a framework for federal, state, and local law enforcement agencies to work together to target well-established and complex organizations that direct, finance, or engage in illegal narcotics trafficking and related crimes. The amount appropriated for FY 2004 OCDETF is $550.6 million. The President's Budget request for FY 2005 is $580.6 million.
With respect to OCDETF-led activity reported in FY 2003, reports indicate that there were at least 79 methamphetamine organizations disrupted (6%, responsible for about 4,830 kilograms of methamphetamine each year) and at least 142 methamphetamine organizations dismantled (11%, responsible for about 7,250 kilograms of methamphetamine each year). In FY 2003, the government initiated 180 new OCDETF investigations against methamphetamine organizations—approximately 26% of all OCDETF investigations. Additionally, there were 14 new cases in FY 2003 (2% of investigations) involving precursor chemicals. The Great Lakes and West Central OCDETF regions have recently developed methamphetamine strategies related to the goal of attacking methamphetamine and poly-drug networks.
Methamphetamine at the Border
Agencies with responsibilities for protecting our borders continue to see the influx of methamphetamine into our nation. The seizure statistics on the preceding page shows all federal methamphetamine seizures and specify arrival zone and Southwest Border seizures from 1997 to 2002.
HIDTA
The HIDTA program was created in 1990 to focus law enforcement efforts on the nation's most serious drug trafficking threats. Each year, the 28 HIDTAs submit a variety of drug trafficking initiatives for review and funding approval. As indicated at the beginning of my testimony, methamphetamine is a serious threat in some regions (and hence for some HIDTAs), but in other areas such as New England, the methamphetamine threat is negligible, and the HIDTA focuses on other drugs. Regardless of the HIDTA, the program nationwide is refocusing on the highest priority trafficking organizations—the wholesale distributors and command-and-control targets.
In FY 2003, the HIDTA program approved over 500 initiatives nationwide. Of these, some 300 initiatives directly related to a specific drug or drugs (as opposed to, for example, money laundering, intelligence, or law enforcement training); some 150 initiatives were poly-drug—many involving methamphetamine. Of the remaining initiatives approved for funding, nearly 80 were focused solely or primarily on methamphetamine—more than were focused on any other single drug by itself.
A few examples of how the HIDTA program is responding to the methamphetamine threat in America include:
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Central Valley HIDTA: In May of last year, agents from a Central Valley HIDTA (California) task force responded to a reported methamphetamine laboratory fire in a rural area of Madera County, California. Agents discovered evidence of laboratory activity in the residence in front of the workshop: approximately six pounds of finished methamphetamine that had been converted to "ice" crystals (worth up to $78,000), iodine crystals, approximately twenty pounds of red phosphorous, and other chemicals used in methamphetamine production. An assault rifle, two semi-automatic hand guns and a microwave wireless surveillance system with a monitor and antenna were also found in the house. Additionally, in July of this year, upon serving a search warrant in Goshen, California, two Central Valley HIDTA task forces recovered twenty-five pounds of methamphetamine. Two children were also removed from the residence and placed with Child Protective Services. The methamphetamine seized from the residence, if diluted by 80%, would have represented about $4.5 million—a sizable profit for an investment of less than $75,000.
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Hawaii HIDTA. A Hawaii HIDTA-led investigation identified members of an organization operating in North Carolina, Utah, California, Hawaii, Tonga, Fiji, New Zealand, and Australia. A portion of the investigation culminated with the execution of 47 arrest warrants, 30 search warrants, and 13 seizure warrants in Utah, California, Hawaii, and Alaska. In addition, more than $700,000 in cash, three pounds of cocaine, 10 pounds of crystal methamphetamine, several pieces of real property, and 15 vehicles were seized.
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National Methamphetamine Chemical Initiative. HIDTA also funds the National Methamphetamine Chemical Initiative (NMCI), and in FY 2003, provided over $500,000 in support. This initiative was established and is funded through the Southwest Border
HIDTA—California Partnership. The National Methamphetamine Chemical Initiative targets domestic methamphetamine production by fostering nationwide sharing of information between law enforcement agencies and providing training to investigators and prosecutors. The initiative focuses on stopping the illegal sale and distribution of methamphetamine precursors. It also maintains a national database that tracks clandestine laboratory seizures, providing federal, state, and local law enforcement with up-to-date information on methamphetamine production methods, trends, and cases.
Drug-Endangered Children
The Department of Justice is reviewing methods of improving assistance to children found at locations where drugs are used, kept, manufactured or sold, such as clandestine methamphetamine lab sites. One model program, California's Drug Endangered Children (DEC) program, works to reduce the incidence of drug-related child endangerment and to meet the needs of children and communities threatened by exposures to clandestine methamphetamine labs. The program brings together and assists law enforcement response teams by providing technical assistance, conducting trainings and workshops, developing educational resources, and fostering interagency collaboration.
DOJ and ONDCP are committed to working together to review the effectiveness of these programs and identify opportunities to support similar programs in other areas of the country.
The Methamphetamine Interagency Task Force has provided several recommendations to improve interagency cooperation. The task force has suggested that jurisdictions take steps including:
- Increase information sharing and promote multidisciplinary approaches and partnerships among prevention, education, treatment, and law enforcement agencies at the federal, state, and local levels
- Expand collaborations among social services agencies and public health officials
- Conduct research on the hazards to which children found in methamphetamine labs are exposed
- Develop protocols to support drug-endangered children that should generally address staff training; roles and responsibilities of intervening agencies; appropriate reporting, cross reporting, information sharing, and confidentiality; safety procedures for children, families, and responding personnel; interviewing procedures; evidence collection and preservation procedures; medical care procedures; and community resource development
Additionally, legal standards regarding drug-endangered children generally differ by state. DOJ and ONDCP are working together to identify opportunities to work with state and local legislatures to improve and update state laws regarding child endangerment and neglect.
Drug Courts
For FY 2005, the Administration proposed an increase in the Drug Courts program from $38 million to $70 million. By expanding the number of drug courts and increasing retention in and successful completion of drug court programs by methamphetamine users, this program will provide an alternative to incarceration by using the coercive power of the court to force abstinence and alter behavior with a combination of escalating sanctions, mandatory drug testing, treatment, and strong aftercare programs.
