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DEA
Congressional Testimony
July 18, 2003
Statement
of
Rogelio E. Guevara
Chief of Operations
Drug Enforcement Administration
Before the
House Committee on Government Reform
Subcommittee on Criminal Justice, Drug Policy
and Human Resources
July 18, 2003
"Facing
the Methamphetamine Problem in America"
Executive
Summary
The rapid rise
and spread of methamphetamine use and trafficking in the last decade has
created unique and difficult challenges for our country. Initially confined
mainly to the West and Midwest, methamphetamine is now impacting some
of our largest cities and smallest rural towns all across America. No
area is immune from methamphetamine's dangers. Whether it is from abuse
of the drug itself or the toxic environmental effects from clandestine
laboratories, methamphetamine has devastated communities and shattered
families as this synthetic drug epidemic sweeps across the country.
Unlike more traditional
drugs of abuse like heroin, cocaine, and marijuana, methamphetamine presents
some unique challenges. First, it is synthetic, relying on no harvested
crops for its manufacture. Unfortunately, its recipe is relatively easy;
anyone who can read and measure can make methamphetamine. Second, it has
hit rural areas in the United States particularly hard, areas where resources
to combat this drug are often the least available. Third, is the nature
of the drug itself: methamphetamine is a particularly intense stimulant,
highly addictive, and overwhelmingly dangerous. The combination of these
factors requires a multi-faceted response.
The Drug Enforcement
Administration (DEA) is combating methamphetamine by working both domestically
and internationally.
First, here at
home, DEA is focusing enforcement efforts against Mexican methamphetamine
organizations that operate large-scale labs (super labs) in Mexico, California
and the Southwestern United States. Using their established distribution
networks, these criminal organizations produce and distribute the drug
throughout the country. DEA continues to target and seize these "super
labs". We have dismantled or disrupted more than 60 priority target
methamphetamine trafficking organizations since 2000.
While the methamphetamine
trade is clearly dominated by Mexican trafficking organizations, there
are a growing number of small, dangerous clandestine laboratories that
are straining communities and state and local police forces. DEA has joined
forces with our state and local counterparts to investigate and seize
these toxic labs. The second part of that process is effective and safe
cleanup of the labs. However, the cleanup is very costly and drains community
resources and manpower. In response to this pressure on local law enforcement,
DEA is working with state and local officials to provide assistance with
clandestine lab cleanup and lab training; increasing safety for affected
communities and police officers.
Second, DEA is
working with our partners around the globe to target international methamphetamine
traffickers, particularly Mexican groups that produce the majority of
methamphetamine trafficked in the United States. Also critical to the
international aspect are chemical control efforts, specifically those
limiting access to wholesale amounts of pseudoephedrine-a chemical necessary
in the manufacture of methamphetamine. Canada emerged as a source of supply
for pseudoephedrine after DEA's Operation Mountain Express I and II significantly
reduced the illegal pseudoephedrine trade within the United States. A
recent change in Canadian regulations, encouraged by the United States,
led to tighter restrictions on "pseudo" production and transportation
from that country. Several joint enforcement operations appear to have
had some success in limiting access to Canadian pseudoephedrine.
In this testimony,
DEA will offer specific examples of how we are targeting methamphetamine
production and distribution, the successes we are achieving in combating
this dangerous drug, and the challenges we continue to face.
Chairman Souder,
Ranking Member Cummings and distinguished members of the Subcommittee,
it is my distinct pleasure to appear before you as Chief of Operations
of DEA. On behalf of almost 10,000 employees of DEA, I would like to thank
you and members of this subcommittee for your continued support.
America - In the
Grasp of Methamphetamine
According to the
2001 National Household Survey on Drug Abuse, over nine million Americans
or 4.3 percent of the United States population reported having tried methamphetamine
on at least one occasion during their lifetimes. The Drug Abuse Warning
Network (DAWN) estimated that the number of emergency department episodes
concerning methamphetamine increased from 10,447 in 1999 to 14,923 in
2001.
In 2002, the El Paso
Intelligence Center (EPIC) reported the seizure of over 9,000 clandestine
methamphetamine laboratories. Additionally, in the "Associated Children
Report" for 2002, EPIC reported over 2,000 children were present
during the seizure of these laboratories. Of this total, 1,382 children
were reported as having been exposed to toxic chemicals. These figures
concerning the abuse of methamphetamine, seizure of clandestine methamphetamine
laboratories and the presence of children at the lab sites, clearly demonstrate
that many parts of America are indeed in the grasp of methamphetamine.
Methamphetamine is a synthetic central nervous system stimulant that is
classified as a Schedule II controlled substance. It is widely abused
throughout the United States and is distributed under the names "crank",
"meth", "crystal" and "speed". It is commonly
sold in powder form, but has been distributed in tablets or as crystals
("glass" or "ice"). Methamphetamine can be smoked,
snorted, injected or taken orally. The clandestine manufacture of methamphetamine
has been a concern of law enforcement officials since the 1960's, when
outlaw motorcycle gangs produced their own methamphetamine in labs, and
dominated distribution in the United States. Clandestine labs typically
produce other types of illicit drugs such as PCP, MDMA, and LSD, but methamphetamine
has always been the primary drug manufactured in the vast majority of
drug labs seized by law enforcement officers throughout the nation. Since
1997, 97 percent or more of the clandestine lab seizures reported to DEA
were either methamphetamine or amphetamine labs.
Methamphetamine is, in fact, a simple drug to produce. After being introduced
to the drug, many abusers learn that methamphetamine can be manufactured
using common household products found at department and hardware stores.
These ingredients are not only readily available, but also inexpensive.
For approximately $100 in materials, a "cook" can produce $1,000
worth of methamphetamine. Items such as rock salt, battery acid, red phosphorous
road flares, pool acid, and iodine crystals can be utilized to substitute
for some of the necessary chemicals. Precursor chemicals such as pseudoephedrine
can be extracted from common, over-the-counter cold medications. A clandestine
lab operator can utilize relatively common items such as mason jars, coffee
filters, hot plates, pressure cookers, pillowcases, plastic tubing, gas
cans, etc., to substitute for sophisticated laboratory equipment.
Another factor in
the clandestine methamphetamine lab epidemic is the evolution of technology
and the increased use of the Internet. While in the past, methamphetamine
"chemists" closely guarded their "recipes"; today's
age of modern computer technology has made "chemists" more willing
to share their "recipes" of death. This form of information
sharing allows wide dissemination of these techniques to anyone with computer
access. Aside from marijuana, methamphetamine is the only widely abused
illegal drug that is capable of being grown or readily manufactured by
the abuser. A cocaine or heroin addict cannot produce cocaine or heroin,
but a methamphetamine addict only has to turn on his computer to find
a recipe identifying the chemicals and process required for production
of the drug. Given the relative ease with which manufacturers are able
to acquire precursor chemicals, and the unsophisticated nature of the
production process, it is not difficult to see why this highly addictive
drug and potentially explosive clandestine laboratories continue to appear
across America.
Distribution Trends,
Prices and Purity
With the exception
of the Caribbean Division, all DEA Field Divisions report that methamphetamine
is produced in their areas, and most (19 of 21) report no decrease in
production. Methamphetamine distribution is most pervasive in the Pacific,
Southwest, and West Central regions of the United States. Distribution
is slowly expanding in the Great Lakes, Mid-Atlantic, and Southeast regions.
In the New England and New York/ New Jersey regions, distribution of methamphetamine
is very limited, and there has been little indication of any significant
increase in distribution over the past year.
Of the 21 DEA Field
Divisions, 15 identify the principal methamphetamine transporters in their
areas as Mexican distributors. Mexican criminal groups control most mid-level
and retail methamphetamine distribution in the Pacific, Southwest, and
West Central regions as well as much of the distribution in the Great
Lakes and Southeast regions. Mexican mid-level distributors sometimes
supply methamphetamine to outlaw motorcycle gangs and Hispanic gangs for
retail distribution throughout the country. Caucasian independent distributors
are active throughout the country, particularly in the Great Lakes, Mid-Atlantic,
and Southeast regions and in the Midwestern states of Arkansas, Iowa,
Kansas, and Missouri, where methamphetamine produced in small laboratories
is distributed to a limited number of local customers. Outlaw motorcycle
gangs distribute methamphetamine throughout the country, including the
Great Lakes region and are principal distributors in the New England and
New York/New Jersey regions. Asian methamphetamine distributors (Filipino,
Japanese, Korean, Thai, and Vietnamese) are active in the Pacific region,
although Mexican criminal groups trafficking in "ice" methamphetamine
have supplanted Asian criminal groups as the dominant distributors of
this drug in Hawaii.
Regionally, methamphetamine
prices vary throughout the United States. At the wholesale level, prices
range from $3,000 to $17,000 per pound in the West, and from $5,000 to
$23,000 per pound in the Midwest, Southeast, and Northeast areas of the
country. Prices for ounce quantities range from $300 to $2,200 and gram
prices range from $20 to $200.
The purity of methamphetamine
analyzed by DEA laboratories varies widely across the United States. The
average purity of DEA methamphetamine exhibits has declined significantly
from 71.9 percent in 1994 to 44.0 percent in 2002. This decrease in purity
is partially attributed to international chemical control efforts that
reduced the supply of those chemicals needed to produce high-quality methamphetamine.
Mexican Drug Trafficking
Organizations
For the first time
in law enforcement history, beginning around 1994, Mexican drug trafficking
organizations operating out of Mexico and California began to take control
of the production and distribution of methamphetamine from outlaw motorcycle
gangs. DEA estimates that the majority of the U.S. methamphetamine production
and distribution is controlled by Mexican crime groups operating out of
Mexico, California and the Southwestern United States. Outlaw motorcycle
gangs remain active in methamphetamine production, but do not produce
anywhere near the quantities now being distributed by the Mexican organizations.
The dominant presence of these Mexican methamphetamine trafficking groups
can be partially attributed to their access to chemicals and established
distribution networks.
These groups have
established contacts with chemical suppliers in Europe, Canada, Asia and
the Far East, who provide access to precursor chemicals, reagents and
solvents. The resulting availability of ton quantities of chemicals, such
as ephedrine and pseudoephedrine, has permitted these groups to establish
and operate large-scale clandestine laboratories in Mexico and California.
These laboratories are capable of producing unprecedented quantities of
methamphetamine, saturating the wholesale/retail markets throughout the
United States. Many of the "super labs" (laboratories capable
of producing 10 or more pounds of methamphetamine within a production
cycle) seized in the United States have been associated with Mexican traffickers.
These trafficking
groups are also often involved in the distribution of other illicit drugs
such as marijuana, cocaine, and heroin. Through the distribution of these
illicit substances, over the years these groups have established transportation
and distribution networks throughout the United States. The exploitation
of these existing distribution networks and the production capability
of their clandestine laboratories has enabled the Mexican groups to establish
national dominance in the manufacture and distribution of methamphetamine.
Four recent large seizures of pseudoephedrine illustrate Mexican traffickers'
ability to obtain large quantities of precursor chemicals from international
sources and to adapt to changes in the availability of Canadian pseudoephedrine.
Between March 21, and April 25, 2003, in excess of 22 million pseudoephedrine
tablets were seized in Panama and Laredo, Texas. The tablets were manufactured
in Hong Kong and destined for Mexico.
Reporting on the
exact number of methamphetamine clandestine laboratories seized in Mexico
is inconsistent. Official Government of Mexico figures as reported in
the International Narcotics Control Strategic Report (INCSR) reflect that
10 labs were destroyed in 2002, down from the 18 seized in 2001. In 2002,
according to information provided by Mexican authorities in Baja California,
however, 53 labs were seized in Baja alone and Mexico Interpol reports
that 13 labs were seized or destroyed. This discrepancy may reflect the
limited resources and lack of coordination in Mexico to successfully attack
the problem. In any case, the relatively small number of clandestine laboratories
seized belies the large-scale production of methamphetamine that is believed
to occur in Mexico.
The Spread of
Small Toxic Labs
On a much smaller
production and distribution scale are the independent operators of small
toxic labs (STLs), which collectively account for approximately 95 percent
of the clandestine laboratories seized in the United States. These STLs
produce ounce quantities of methamphetamine for local use and distribution
while generating significant quantities of hazardous waste during each
production cycle. Small, rural communities are now recognizing the fiscal,
environmental, health, and safety issues that are associated with the
operation of these independent laboratories.
STLs initially emerged
as a problem in the Midwest in the early to mid-1990s. After the introduction
of methamphetamine to this area by Mexican trafficking organizations,
users discovered that they could produce their own methamphetamine. These
operations became extremely popular because of the simplicity of the Birch
method (commonly known as the "Nazi" method) and pseudoephedrine/iodine/red
phosphorus methods of manufacturing methamphetamine. Each of these methods
relies on readily available and inexpensive products and an uncomplicated
production process to manufacture methamphetamine. The ease of manufacturing
and availability of chemicals contributed greatly to the dramatic growth
and spread of these labs throughout the United States. Anhydrous ammonia,
while not readily available at the retail level, is extensively used in
rural areas. Anhydrous ammonia can be easily stolen from nurse tanks stored
on farms or at farming cooperatives, train tanker cars that transport
the chemical, or from one of the anhydrous pipelines.
The size of the lab
does not matter when it comes to the danger level involved. In fact, the
STLs are often more dangerous than the larger operations. The "cooks"
are generally less experienced and have little regard for the consequences
arising from the use of toxic, explosive, and poisonous chemicals. EPIC
reported that during 2002, there were 126 explosions and 208 fires as
the result of clandestine laboratories. The threats posed by clandestine
laboratories are not limited to fire, explosions, poisonous gas, drug
abuse and booby traps; the chemical contamination caused by the hazardous
waste also endangers the nation's environment.
The combination of
demand, ease of production, and a rural setting has led to the explosion
of STLs that now plague the Midwestern and Southern States, and has continued
eastward to New York. Despite the fact that the majority of these labs
produce relatively small amounts of methamphetamine, their proliferation
has imposed terrific burdens on law enforcement and other agencies in
states such as Missouri. In 1992, Missouri reported only two clandestine
laboratory seizures; in 2002, 1,046 labs were seized in that state. When
dumpsites and other seizures (chemicals, glassware and equipment) are
included, this total climbs to 2,747.
Enforcement Initiatives
DEA's efforts to
address methamphetamine production and distribution incorporate the assets
of the Offices of Domestic and International Operations, Diversion, Intelligence,
Forensic Sciences, and Training. DEA focuses assets on both domestic groups,
which represent the largest number of methamphetamine laboratories seized
in the United States, and international organizations, particularly Mexican
groups which produce the majority of methamphetamine trafficked in the
U.S. The following are key components of DEA's methamphetamine initiative:
1. Elimination
of Small Toxic Labs
Working arm-in-arm
with state and local law enforcement counterparts, DEA eliminates STL
operators that impact communities throughout the United States. In addition
to providing investigative support to state and local agencies, DEA assists
state and local authorities with hazardous waste removal, prevention,
public awareness, training, and legislative programs that are associated
with methamphetamine. DEA cases involving methamphetamine have almost
tripled from 1,171 in 1995 to over 3,000 in 2002.
2. Chemical
Control
DEA uses the precursor
control program to identify and target the most significant sources of
methamphetamine precursor chemicals. DEA works domestically with legitimate
handlers of precursor chemicals to ensure that these chemicals are not
diverted for illicit use.
3. Priority
Targeting Program
One of DEA's most
aggressive enforcement efforts to attack these organizations is the utilization
of the Priority Targeting Program. Once identified and designated as priority
targets, these investigations are provided with substantial financial
and manpower resources. Since the inception of the Priority Targeting
Program in 2000, DEA has dismantled or disrupted over 60 priority target
methamphetamine trafficking organizations.
Utilizing Organized
Crime Drug Enforcement Task Force (OCDETF) investigations, DEA targets
significant methamphetamine manufacturers and traffickers. In 2001, DEA
conducted 250 methamphetamine OCDETF investigations, which represented
approximately 19 percent of the total DEA OCDETF investigations conducted
that year. Thus far in 2003, DEA has initiated 87 methamphetamine OCDETF
investigations representing approximately 25 percent of the total of the
OCDETF cases.
Operation Stopgap
was a cooperative effort directed by DEA's Nashville Resident Office in
conjunction with local law enforcement, which identified, targeted, and
federally prosecuted small independent laboratory operators in a six county
area known as the Cumberland Plateau. This OCDETF case culminated during
October 2001, with the arrests of over 175 individuals and the seizure
of approximately 150 methamphetamine laboratories.
In April of this
year, 18 individuals were arrested in New Mexico and California, in connection
with a Mexican methamphetamine and crack cocaine distribution organization.
As part of this continuing investigation, in June, DEA's Albuquerque District
Office and state and local agencies arrested 12 additional individuals
on federal charges and 38 on State of New Mexico charges. This organization
was responsible for the distribution of 60 pounds of methamphetamine on
a monthly basis. Over $291,000 in assets were seized in addition to 12
vehicles, 24 firearms (including 4 assault-type weapons), and 21 pounds
of methamphetamine.
In May of this year,
the U.S. District Court for the Western District of Oklahoma sentenced
Norma El-Samad to 97 months incarceration on drug and money laundering
charges. El-Samad owned Norma's Enterprises of Oklahoma City, which purchased
over 14 million 60mg. pseudoephedrine tablets from Summa Laboratories
in Mineral Wells, Texas. DEA was able to provide convincing evidence that
most, if not all, of the pseudoephedrine was directed toward clandestine
methamphetamine laboratory operations.
In August of 2002,
DEA working with the Riverside (California) County Sheriff's Department
and the Riverside Police Department, arrested over 57 individuals in connection
with a two-year investigation targeting a Mexican trafficking organization,
which was involved in the manufacture and distribution of methamphetamine.
Investigators seized in excess of 33 pounds of methamphetamine, 196 gallons
of methamphetamine in solution, 8 pounds of "ice", 80 exotic
vehicles and over $500,000 in cash.
Canadian Pseudoephedrine
Issues
Pseudoephedrine,
an essential precursor for the production of methamphetamine, was initially
diverted to Mexican trafficking groups for utilization in "super
labs" by "rogue" DEA registered manufacturers and distributors.
Operation Mountain Express I and II were directed primarily against these
"rogue" chemical companies. These operations proved effective
in cutting off the supply of domestic origin pseudoephedrine to the large
Mexican controlled "super labs." However, in 2000, pseudoephedrine
of Canadian origin began to appear in "super labs" in the western
United States, primarily due to the culmination of Operation Mountain
Express I and II and the non-existence of effective Canadian regulations
governing pseudoephedrine. This new source for pseudoephedrine can be
dramatically illustrated by the increase in the amount of pseudoephedrine
imported by Canada beginning in 2000. As reported by the Canadian government,
in 1996, approximately 30,000 kilograms of pseudoephedrine were imported
into Canada. In 2001, Canada imported approximately 175,000 kilograms
of pseudoephedrine, nearly a 500 percent increase.
As a result of this
alarming trend, DEA in conjunction with the Royal Canadian Mounted Police
(RCMP) initiated Operation Mountain Express III. This investigation targeted
individuals responsible for smuggling pseudoephedrine of Canadian origin
into the United States, many of whom were of Middle Eastern descent. Once
the Canadian pseudoephedrine was successfully smuggled into the United
States, the pseudoephedrine was sold directly to Mexican organizations
that operated the large "super labs" in the west. This operation
was extremely successful, resulting in the arrest of 136 individuals,
the seizure of 35.8 tons of Canadian origin pseudoephedrine, 179 lbs.
of methamphetamine, six methamphetamine labs and $4.5 million in assets.
To date, Operation Mountain Express Phases I, II and III has netted over
370 arrests, the seizure of 49.4 tons of pseudoephedrine, and over $17.4
million in assets.
However, major concerns
remained in the Canadian pseudoephedrine problem. DEA sought to address
this issue with the culmination of Operation Northern Star on April 15,
2003. This international enforcement operation employed a comprehensive
strategy targeting the entire methamphetamine trafficking process, including
the suppliers of precursor chemicals, chemical brokers, transporters,
manufacturers, distributors and the money launderers who helped conceal
their criminal proceeds. As part of this investigation, six executives
from three Canadian chemical companies were targeted. All sold bulk quantities
of pseudoephedrine to methamphetamine manufacturers in the United States,
with the full knowledge that their sales were intended for the illegal
production of the highly addictive and dangerous drug methamphetamine.
In April 2003, DEA and the RCMP announced the arrests of over 65 individuals
in ten cities throughout the United States and Canada, including the six
executives from the three Canadian chemical companies. The 34,000 pounds
of pseudoephedrine seized in this investigation could have produced approximately
20,000 pounds of methamphetamine.
Prior to January 9, 2003, Canada had no effective laws regulating the
importation, distribution or exportation of pseudoephedrine, the primary
precursor chemical used to manufacture methamphetamine. With DEA's assistance,
the Canadian authorities developed new regulations implementing a previously
enacted law. These regulations require individuals who produce, import
and export pseudoephedrine to have licenses and permits issued by the
Canadian Health Ministry.
While it is still too early to draw definitive conclusions, initial indications
show that these initiatives have been effective. A review of the statistics
on Canadian pseudoephedrine tablets seized shows a significant reduction
since January 2003. In 2002, over 22 million tablets were seized and,
as of May 31, 2003, only 12,000 tablets have been seized. These seizures
have been identified as being Canadian in origin because packaging, lot
numbers, and labeling are consistent with previous seizures of Canadian
pseudoephedrine. The decrease in seizures may be due to a combination
of factors; however, we believe that increased DEA enforcement efforts
targeting Canadian pseudoephedrine and the implementation of the Canadian
chemical regulations are the main causes of the decrease.
Efforts to Control Pseudoephedrine/Precursor Trafficking
DEA continues to
address the trafficking of methamphetamine's most important precursor,
pseudoephedrine, and other precursor chemicals through voluntary, regulatory,
and legislative means. Although DEA chemical investigations have increased
by 400 percent since 1999, DEA also undertakes yearly "outreach"
liaison and education with the regulated chemical industry for the purpose
of preventing chemical diversion to methamphetamine traffickers. During
September of 2002, DEA hosted a Chemical Industry Conference in which
representatives of chemical handlers were provided updates on chemical
diversion issues worldwide. A similar conference was hosted by DEA with
major pseudoephedrine retailers during February of 2003.
DEA aggressively
investigates applications from companies who wish to distribute List I
chemicals (27 chemicals designated by the Administrator of DEA and regulated
under the Controlled Substance Act that in addition to legitimate uses,
can be utilized in manufacturing a controlled substance). Between 2000
and 2002, 74 registrants surrendered their registrations, 6 were revoked,
and 3 were restricted. List I chemical applicants withdrew another 710
applications during that same time period.
DEA also operates
a Warning Letter Program wherein manufacturers and distributors of pseudoephedrine
and ephedrine tablets are notified when their product was found in illicit
settings. To date, DEA has issued 634 warning letters. These letters form
a foundation for criminal, civil, and/or administrative action against
registrants who distribute List I chemicals.
In June 2002, in
conjunction with the United Nations International Narcotics Control Board
(INCB), DEA hosted an International Meeting on Amphetamine-type Stimulant
(ATS) Precursors in Washington, D.C. The INCB is responsible for coordinating
international chemical control efforts worldwide. The delegates from 38
nations represented all major ATS precursor manufacturing, exporting,
transiting, and importing countries, as well as those countries where
illicit ATS production takes place. The meeting resulted in "Project
Prism," an international initiative aimed at assisting governments
in developing and implementing operating procedures to more effectively
control and monitor trade in ATS precursors in order to prevent diversion.
DEA continues its
support of the U.S.-Mexico Bilateral Chemical Control Working Group. This
partnership is made up of experts in chemical control, and focuses on
methamphetamine precursor chemicals in order to promote and enhance the
Mexican diversion control program. The group works to develop and implement
strategies aimed at increasing bilateral communication and cooperation
regarding chemical control, specifically ephedrine and pseudoephedrine.
As methamphetamine
production continues to pose significant risks to public health and safety
in the United States, DEA is cautiously optimistic that precursor chemical
controls, combined with aggressive local law enforcement efforts in chemical
interdiction, can produce positive results.
Methamphetamine
Labs and the Environment
Methamphetamine trafficking
not only devastates America's population, but also the environment. Methamphetamine
laboratories create environmental hazards with enormous cleanup costs.
The chemicals used to produce methamphetamine are extremely flammable
and toxic. Production of every pound of methamphetamine yields up to five
pounds of waste chemicals such as lye, red phosphorus, hydriodic acid,
and iodine that contaminate land, streams and rivers, and public sewer
systems. Cleanup costs have risen dramatically, draining the budgets of
federal, state and county governments, as well as those of private owners.
Often the value of the contaminated property is less than the cleanup
costs and owners simply walk away from their investments leaving the cleanup
costs to the state or local governments. Many of the methamphetamine laboratories
seized are located in agricultural areas resulting in the dumping of high
volumes of hazardous waste on farmlands and in water sources. Authorities
have found barrels, glassware, hoses, and other waste from methamphetamine
laboratories in irrigation canals. The impact on local agriculture is
unknown, but is believed to be substantial.
To illustrate the
catastrophic effects methamphetamine production has on the environment,
consider what took place in Brandon, Florida just a few weeks ago. In
July 2003, an individual from Brandon was arrested for operating two methamphetamine
labs. He was also suspected of sabotaging an anhydrous ammonia pipeline
in order to obtain the chemical, which is used in manufacturing methamphetamine.
The release of the anhydrous ammonia caused an immense cloud of toxic
gas to hover over a main boulevard, forcing 2,000 students from nearby
schools to be relocated to other schools for two days. It took emergency
workers using airtight equipment a full day to get the leak under control.
In another equally
disturbing case, in October 2002, police in Hockerville, Oklahoma located
an old mine sinkhole, which was nearly full of equipment and chemicals
used to manufacture methamphetamine. The sinkhole was approximately 25
feet across and more than 30 feet deep. DEA estimated that toxic waste
from approximately 200 methamphetamine lab operations was deposited in
the shaft over the previous two years. After responding to the scene,
DEA cleaned up the hazardous waste from the site; however, DEA is not
equipped to cleanup the contaminated soil or assess any potential problems
associated with contaminated water in the area.
Hazardous Waste
Cleanup
As DEA has heightened
its enforcement efforts concerning methamphetamine trafficking in recent
years, state and local agencies have also witnessed an increase in the
number of organizations operating illicit methamphetamine laboratories,
resulting in a dramatic increase in the number of clandestine laboratories
seized throughout the United States. When a federal, state or local agency
seizes a clandestine methamphetamine laboratory, EPA regulations require
that the agency ensure that all hazardous waste materials are safely removed
from the site in accordance with the U.S. Code of Federal Regulations
(40 CFR 261 and 262). With regard to environmentally sound cleanup of
clandestine drug laboratories, DEA has enlisted the services of the private
sector. These companies provide hazardous waste removal and disposal services
to DEA, as well as state and local law enforcement agencies.
DEA, along with the
state and local law enforcement agencies, becomes the "generator"
of hazardous waste when clandestine drug laboratories are seized. As the
"generator", law enforcement bears the responsibility for ensuring
that the wastes from clandestine drug laboratories are managed in compliance
with all applicable health, safety, transportation, and environmental
requirements.
In 1990, DEA established
a Hazardous Waste Cleanup Program to address environmental concerns from
the seizure of clandestine drug laboratories. This program promotes the
safety of law enforcement personnel and the public by using qualified
companies with specialized training and equipment to remove hazardous
waste. Costs associated with the cleanup of these labs have been reduced
several hundred dollars per response since the implementation of DEA's
new FY 2003 contract.
DEA's hazardous waste
program, with the assistance of the Community Oriented Policing Services
(COPS) program, supports and funds the cleanup of a majority of the laboratories
seized in the United States. Between 1992 and 2002, the number of cleanups
increased from 394 to over 7,000. Even though the number of cleanups has
increased by 1,700 percent, the average cost per cleanup has continued
to decrease since DEA first began using contractor services in the early
1990s. Currently, the average cost per cleanup is $1,900, down from $3,300
in FY 2002.
In FY 2003, Congress
provided cleanup funds in the amount of $2.7 million in Asset Forfeiture
Fund monies for cleanup of DEA seizures, $4.1 million in appropriated
monies for DEA and state and local seizures, and $57 million (including
$20 million for cleanup) in COPS funding for state and local seizures.
Methamphetamine
Laboratories and Children
In addition to the
evident toll on law enforcement resources, the demands on medical, social,
environmental, and public heath and safety services continue to grow.
This is particularly true when it comes to the health and safety of children
exposed to the ravages of this illegal substance. STLs account for the
vast majority of clandestine labs seized and are often discovered in vehicles,
buildings, and homes. Many of these lab sites are also locations where
children live and play. In 2002, over 2,000 children were present during
the seizure of clandestine laboratories nationwide. Twenty-two of those
children encountered were reported injured and two were killed.
More than any other
controlled substance, methamphetamine trafficking endangers children through
exposure to drug use/abuse, neglect, physical and sexual abuse, toxic
chemicals, hazardous waste, fire, and explosion. In response to these
tragic phenomena, DEA has enhanced its Victim Witness Program to identify,
inform, refer, and report these incidents to the proper state agencies.
Each of DEA's Field Divisions has a Victim/Witness Coordinator to ensure
that all endangered children are reported. DEA prepares an annual report
for the Attorney General regarding this matter. This DEA program guarantees
that endangered children are identified and that the child's immediate
safety is addressed at the scene through coordination with child welfare
and health care service providers.
DEA also works with various state and local Drug Endangered Children (DEC)
programs. DEC programs protect endangered children through the formation
of multi-disciplinary teams, which consist of child protective services,
medical and public health professionals, environmental, and law enforcement
personnel. DEC ensures that child endangerment cases are developed along
with the clandestine laboratory investigation. DEA encourages regional
U.S. Attorney's, when applicable, to utilize the enhanced sentencing guidelines
promulgated as directed in the "Children's Health Act of 2000".
This legislation mandates severe penalties for methamphetamine manufacturers
whose operations pose a threat to minors.
Clan Lab Training
In 1987, DEA created
a special training unit for clandestine laboratory safety/certification
training. As mandated by 29 CFR 1910.120, all federal, state, and local
law enforcement officers must receive at least 24 hours of hazardous chemical
handling training (specific Occupational Safety and Health Administration
(OSHA) standards for courses and equipment), prior to entering a clandestine
drug laboratory.
As the number of
nationwide clandestine laboratory seizures continues to mount into the
thousands, there has been a corresponding demand for related training
from state and local law enforcement organizations. Since 1998, with funding
received originally through the COPS program and then through direct appropriations
to the annual budget, DEA has offered a robust training program for state
and local officers. DEA provides basic and advanced clandestine laboratory
safety training for state and local law enforcement officers and Special
Agents at the DEA Clandestine Laboratory Training Facility in Quantico,
Virginia. Established instruction includes the Basic Clandestine Laboratory
Certification School, the Advanced Site Safety School, and the Clandestine
Laboratory Tactical School.
Each course exceeds
OSHA-mandated minimum safety requirements, lasting approximately one week,
and is provided at no cost to qualified state and local law enforcement
officers. The specialized Clandestine Laboratory Training Unit also provides
in-service training and seminars for law enforcement groups such as the
Clandestine Laboratory Investigator's Association (CLIA) and the International
Association of Chief's of Police (IACP). The Unit conducts a number of
courses off-site each year to meet regional training demands and will
additionally provide annual recertification training as required by OSHA.
Law enforcement officers
who graduate from the Clandestine Laboratory Basic Certification School
are issued over $2,500 in specialized clandestine laboratory safety equipment.
Since 1997, DEA has conducted numerous clandestine laboratory schools
and has provided basic training/certification to over 9,300 Special Agents
and state and local law enforcement officers from across the country.
Since 1999, DEA has trained approximately 69,000 students in clandestine
laboratory awareness. Utilizing the advances of technology, in FY 2000,
a video broadcast on Clandestine Laboratory Awareness was transmitted
to approximately 10,000 state and local personnel.
Conclusion
DEA is combating
the methamphetamine epidemic currently being experienced by the United
States on several fronts. DEA is targeting Mexican trafficking organizations,
who control the majority of the methamphetamine produced and distributed
in this country. Additionally, DEA is working closely with state and local
law enforcement to eliminate the spread of small toxic labs. DEA's efforts
also include preventing diversion and targeting the traffickers of precursor
chemicals on both a domestic and international level, as well as providing
training and assistance to state and local law enforcement officers throughout
the United States.
As a single mission
agency, DEA will continue to devote its resources to identify, investigate
and dismantle the organizations responsible for the spread of methamphetamine
across our country.
Thank you for the
opportunity to testify before the Committee today. I will be happy to
respond to any questions you may have at the appropriate.
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