    [House Hearing, 106 Congress]
    [From the U.S. Government Publishing Office]

    BLACK-TAR HEROIN, METH AND COCAINE CONTINUE TO FLOOD THE UNITED STATES
                                  FROM MEXICO

    =======================================================================

                                    HEARING

                                   before the

                       SUBCOMMITTEE ON CRIMINAL JUSTICE,
                        DRUG POLICY, AND HUMAN RESOURCES

                                     of the

                                  COMMITTEE ON
                               GOVERNMENT REFORM

                            HOUSE OF REPRESENTATIVES

                           ONE HUNDRED SIXTH CONGRESS

                                 SECOND SESSION

                                   __________

                                 JUNE 30, 2000

                                   __________

                               Serial No. 106-228

                                   __________

           Printed for the use of the Committee on Government Reform

      Available via the World Wide Web: http://www.gpo.gov/congress/house
                          http://www.house.gov/reform

                                     ______

                        U.S. GOVERNMENT PRINTING OFFICE
    72-582 DTP                  WASHINGTON : 2001
    _______________________________________________________________________
     For sale by the Superintendent of Documents, U.S. Government Printing
                                     Office
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                         COMMITTEE ON GOVERNMENT REFORM

                         DAN BURTON, Indiana, Chairman
    BENJAMIN A. GILMAN, New York         HENRY A. WAXMAN, California
    CONSTANCE A. MORELLA, Maryland       TOM LANTOS, California
    CHRISTOPHER SHAYS, Connecticut       ROBERT E. WISE, Jr., West Virginia
    ILEANA ROS-LEHTINEN, Florida         MAJOR R. OWENS, New York
    JOHN M. McHUGH, New York             EDOLPHUS TOWNS, New York
    STEPHEN HORN, California             PAUL E. KANJORSKI, Pennsylvania
    JOHN L. MICA, Florida                PATSY T. MINK, Hawaii
    THOMAS M. DAVIS, Virginia            CAROLYN B. MALONEY, New York
    DAVID M. McINTOSH, Indiana           ELEANOR HOLMES NORTON, Washington,
    MARK E. SOUDER, Indiana                  DC
    JOE SCARBOROUGH, Florida             CHAKA FATTAH, Pennsylvania
    STEVEN C. LaTOURETTE, Ohio           ELIJAH E. CUMMINGS, Maryland
    MARSHALL ``MARK'' SANFORD, South     DENNIS J. KUCINICH, Ohio
        Carolina                         ROD R. BLAGOJEVICH, Illinois
    BOB BARR, Georgia                    DANNY K. DAVIS, Illinois
    DAN MILLER, Florida                  JOHN F. TIERNEY, Massachusetts
    ASA HUTCHINSON, Arkansas             JIM TURNER, Texas
    LEE TERRY, Nebraska                  THOMAS H. ALLEN, Maine
    JUDY BIGGERT, Illinois               HAROLD E. FORD, Jr., Tennessee
    GREG WALDEN, Oregon                  JANICE D. SCHAKOWSKY, Illinois
    DOUG OSE, California                             ------
    PAUL RYAN, Wisconsin                 BERNARD SANDERS, Vermont
    HELEN CHENOWETH-HAGE, Idaho              (Independent)
    DAVID VITTER, Louisiana

                          Kevin Binger, Staff Director
                     Daniel R. Moll, Deputy Staff Director
               David A. Kass, Deputy Counsel and Parliamentarian
                            Robert A. Briggs, Clerk
                     Phil Schiliro, Minority Staff Director
                                     ------

       Subcommittee on Criminal Justice, Drug Policy, and Human Resources

                        JOHN L. MICA, Florida, Chairman
    BOB BARR, Georgia                    PATSY T. MINK, Hawaii
    BENJAMIN A. GILMAN, New York         EDOLPHUS TOWNS, New York
    CHRISTOPHER SHAYS, Connecticut       ELIJAH E. CUMMINGS, Maryland
    ILEANA ROS-LEHTINEN, Florida         DENNIS J. KUCINICH, Ohio
    MARK E. SOUDER, Indiana              ROD R. BLAGOJEVICH, Illinois
    STEVEN C. LaTOURETTE, Ohio           JOHN F. TIERNEY, Massachusetts
    ASA HUTCHINSON, Arkansas             JIM TURNER, Texas
    DOUG OSE, California                 JANICE D. SCHAKOWSKY, Illinois
    DAVID VITTER, Louisiana

                                   Ex Officio

    DAN BURTON, Indiana                  HENRY A. WAXMAN, California
               Sharon Pinkerton, Staff Director and Chief Counsel
                  Carson Nightwine, Professional Staff Member
                               Ryan McKee, Clerk
                        Sarah Despres, Minority Counsel

                                C O N T E N T S

                                  ----------
                                                                       Page
    Hearing held on June 30, 2000....................................     1
    Statement of:
        Brooks, Chief Fabienne, criminal investigations division,
          King County Sheriff's Department, Seattle, WA; and Mario
          Medina, family victim, Chimayo, NM.........................    63
        Furgeson, Judge W. Royal, Jr., U.S. District Court, Western
          District of Texas; Joseph D. Keefe, Special Agent in
          Charge, Special Operations Division, Drug Enforcement
          Administration; Ed Logan, Special Agent in Charge, San
          Diego, U.S. Customs Service; and Luis E. Barker, Chief
          Border Patrol Agent, El Paso Sector, U.S. Border Patrol,
          INS........................................................    12
    Letters, statements, etc., submitted for the record by:
        Barker, Luis E., Chief Border Patrol Agent, El Paso Sector,
          U.S. Border Patrol, INS, prepared statement of.............    44
        Brooks, Chief Fabienne, criminal investigations division,
          King County Sheriff's Department, Seattle, WA, prepared
          statement of...............................................    66
        Furgeson, Judge W. Royal, Jr., U.S. District Court, Western
          District of Texas, prepared statement of...................    14
        Keefe, Joseph D., Special Agent in Charge, Special Operations
          Division, Drug Enforcement Administration, prepared
          statement of...............................................    24
        Logan, Ed, Special Agent in Charge, San Diego, U.S. Customs
          Service, prepared statement of.............................    33
        Medina, Mario, family victim, Chimayo, NM, prepared statement
          of.........................................................    79
        Mica, Hon. John L., a Representative in Congress from the
          State of Florida, prepared statement of....................     7

    BLACK-TAR HEROIN, METH AND COCAINE CONTINUE TO FLOOD THE UNITED STATES
                                  FROM MEXICO

                                  ----------

                             FRIDAY, JUNE 30, 2000

                      House of Representatives,
    Subcommittee on Criminal Justice, Drug Policy, and
                                       Human Resources,
                                Committee on Government Reform,
                                                        Washington, DC.
        The subcommittee met, pursuant to notice, at 9:38 a.m., in
    room 2247, Rayburn House Office Building, Hon. John L. Mica
    (chairman of the subcommittee) presiding.
        Present: Representatives Mica and Kucinich.
        Staff present: Sharon Pinkerton, staff director and chief
    counsel; Charley Diaz, congressional fellow; Carson Nightwine,
    professional staff member; Ryan McKee, clerk; Jason Snyder and
    Lauren Perny, interns; Sarah Despres, minority counsel; and
    Early Green, assistant minority clerk.
        Mr. Mica. Good morning. I would like to welcome you to this
    morning's hearing of the Criminal Justice, Drug Policy, and
    Human Resources Subcommittee.
        We are going to go ahead and begin. I know Members had a
    very long night. It was close to 2 a.m. Other Members have
    indicated they are coming, but because the session has been
    finished and the recess begun I am going to go ahead and start
    the hearing with the witnesses and hopefully be joined by some
    of the Members, who have had very little sleep but do plan to
    be with us.
        The order of business first is opening statements--I will
    start with mine and will yield to others, and we will leave the
    record open for a period of 2 weeks for additional comments,
    materials, or information to be submitted for the record.
    Without objection, so ordered.
        This morning's hearing focuses on black-tar heroin,
    methamphetamine, cocaine, and the deluge of illegal narcotics
    that continue to flood across our southern borders into the
    United States from Mexico.
        Despite Congress' effort, international drug trafficking
    remains a growing threat to our national security.
    Unfortunately, Mexico's role as a drug gateway to the United
    States continues to dramatically expand.
        As Ambassador Davidow, our United States Ambassador to
    Mexico, recently said, ``The fact is the headquarters of drug
    trafficking is in Mexico.'' I think that comment, which was
    somewhat controversial, but, nonetheless, very candid and
    accurate, speaks for the situation we find ourselves in today.
    Mexico is the headquarters of drug trafficking.
        Today, no country in the world possesses a more immediate
    drug threat to the United States than Mexico. More than 60
    percent of the cocaine on America's streets transit through our
    border with Mexico. Our Drug Enforcement Agency reports that
    Mexican black-tar and other heroin seizures skyrocketed by more
    than 20 percent in just 1 year, an outstanding increase that is
    just absolutely remarkable that in 1 year we would have a 20
    percent increase.
        The volume of methamphetamine, narcotics, and precursor
    chemicals from Mexico has also exploded, causing chaos and
    crime from rural America to urban centers, and I can testify to
    that. We have held hearings practically from sea to shining
    sea--California, Louisiana, Texas. I just came back. In the
    heartland of America, where three of our States meet--South
    Dakota, Iowa, the heartland of America, Nebraska--in Sioux
    City, IA, Monday morning we held a hearing with absolutely
    incredible testimony that methamphetamines are at epidemic
    levels and that rural America--again, the heartland of
    America--mostly the methamphetamine, the actual hard drug and
    those dealing in it, were Mexican drug lords and criminals
    involved in this activity, including many illegal aliens who
    have crossed our borders involved in this trafficking and
    death.
        We heard stories in California that absolutely chill your
    spine of dozens and dozens, hundreds of families devastated by
    methamphetamine, and the testimony we heard of one particular
    case of child abuse, where both the parents on methamphetamine
    had tortured the child and then finished it off by boiling it
    to death, as the ravage of what we are seeing from this
    methamphetamine, and most of it is coming across our borders
    from Mexico. Again, we are hearing it over and over as we do
    our national field hearings and hearings here in Washington.
        Sadly, also our Mexican-United States border has become the
    stage for violence, as well as drug trafficking. Mexican crime
    organizations use illegal immigrants and migrant workers to
    smuggle heroin, cocaine, methamphetamine, and other illegal
    narcotics, disrupting ranches and communities along the border,
    and, as I said, even into the heartland of our Nation.
        Mexican drug lords are so emboldened they have even offered
    bounties for United States agents.
        The National Drug Intelligence Center's threat assessment
    reports that the average size of Mexican heroin shipments is
    increasing and that South American heroin traffickers are
    increasingly smuggling Colombian heroin into the United States
    through Mexico. It is not bad enough that they have increased
    production some 20 percent in 1 year, and that is evidenced by
    the seizures that leaped that period, but also heroin that is
    now being grown in Colombia, produced in Colombia, is
    transiting at unprecedented quantities through Mexico, finding
    its way to our streets and communities.
        Again, these drugs end up in our schools, in our
    businesses, and homes throughout the country, giving us a
    problem of unbelievable magnitude.
        While Congress has poured substantial moneys into the
    southwest border initiatives to combat heroin trafficking, in 1
    year seizures of heroin in this area increased from 52 events
    and 103.8 kilograms seized in 1997 to 80 events and 145.9
    kilograms in 1998. The surge of high, pure, and cheap heroin is
    now threatening a growing number of people in the United
    States, and particularly we found and most alarmingly we found
    it is the young people of this country that are becoming the
    victims.
        The University of Michigan has reported that the use of
    heroin by 12 to 17-year-olds has doubled over the last 7 years.
    That same study indicated that 83,160 eighth graders--eighth
    graders, mind you--have tried heroin.
        The most recent estimate of the domestic hard-core heroin
    addict population in the United States is 980,000 people, and
    we have communities where we conducted hearings, like
    Baltimore, that now have somewhere in the neighborhood of
    80,000 heroin and drug addicts, according to one of the city
    councilwomen there. The number is one in eight individuals in
    Baltimore is a narcotics addict. Of course, we found that some
    of that is due to their liberal policy. We held a hearing there
    on, I think, Monday. On Thursday, thank God, the mayor fired
    the police chief who testified before us in a lackadaisical
    attitude toward enforcement, and Mayor O'Malley hopefully is
    going to help, and I am pledged to work with the minority,
    particularly Mr. Cummings from Baltimore, to turn that
    community around.
        Since the early 1990's, heroin use has increased
    dramatically, moving from big cities--and at one time heroin
    use was an urban problem--but now we see it affecting our
    smaller towns and dramatic increases in our rural areas. This
    is across the entire country now. No one has escaped the
    ravages of what we are seeing.
        As we will hear from one of our witnesses today, heroin, in
    particular, continues to have the largest impact of all illicit
    drugs used in the Seattle area in terms of drug-related
    deaths--also in emergency department episodes and in criminal
    involvement.
        Heroin overdoses and deaths continue to plague many of our
    metropolitan areas, also our suburbs. Again, I come from
    central Florida and represent a suburb area, and we have had
    young people dying in unprecedented numbers from heroin
    overdoses, and even our most recent statistics are more grim
    than the year before with the heroin deaths.
        In Oregon, the State medical examiner's office reports an
    average of five people a week died of heroin-related causes in
    the first 6 months of 1999.
        Our subcommittee continues to receive disturbing testimony
    that Mexican crime organizations are attempting to market their
    heroin and methamphetamine in new areas. We heard testimony of
    distinct marketing programs by these Mexican drug traffickers,
    again even in the rural heartland in America, on Monday.
        Analysts continue to examine the reason behind the surge in
    production, but say new, highly potent forms of heroin from
    drug cartels in Colombia and Mexico have been key to attracting
    new users, and this is unbelievable, but their new target are
    young women, girls. Young females are, indeed, their new
    target. These young people typically prefer to sniff or smoke
    their drugs rather than inject them. Now, with the more-potent
    heroin that is available, this high purity and deadly heroin,
    it is available as a powder in bags or gel capsules and users
    can get high without injecting. That has made this insidious
    drug a more seductive and palatable narcotic to young teenage
    girls and our youth.
        One of our witnesses today lost a sister to black-tar
    heroin. She was 1 of 85 people in Chimayo, NM, who died
    tragically in the past few years from ingesting this high-
    potency heroin.
        Along with the increased availability has become a decrease
    in the price and an increase in purity. A milligram dose of 3.6
    percent pure heroin cost about $3.90, 20 years ago, according
    to DEA. Now the average milligram is 41.6 percent pure and
    costs only $1.
        DEA has recently seized Colombian heroin that was 98
    percent pure, and that is about as deadly as it gets.
        Sadly, heroin isn't the only deadly drug coming across the
    border. Three months ago I conducted two field hearings in
    California where the predominant drug problem was
    methamphetamine coming up from Mexico along the I-4, the major
    artery corridor, to Sacramento.
        In San Diego, our subcommittee heard testimony that 43
    percent of all individuals arrested in San Diego County were
    under the influence of methamphetamine, 43 percent. As I have
    said, the problem also is on the rampage in mid America.
        The field hearing that I cited in Sioux City, IA, again
    illustrated the breadth and depth of this problem. They call it
    ``Mexican meth,'' and it is ravaging right now the midwest.
        Meth lab seizures in Iowa have increased from just 8 in
    1995 to over 500 last year. That is the testimony that we had.
    And I think that that was Federal seizures. Maybe the States I
    think and locals had another 300 seizures.
        At our recent Dallas hearing, DEA testified that in
    Oklahoma, alone, almost 1,000 labs were busted in 1999. In
    every one of those hearings I asked them where this garbage was
    coming from, where is this meth or the precursor chemicals and
    who is dealing, and every time the path leads back across the
    border to Mexico.
        Nationwide, DEA seized 218 illegal labs in 1993. Last year,
    DEA seized over 1,900. And if you count all the meth labs
    seized by State, local, and Federal officials nationwide, the
    number is over 6,400.
        Mexico is also the transportation corridor for 60 percent
    of the cocaine coming into this country. While the Mexicans
    don't produce any cocaine and they do produce this new surge of
    black-tar heroin that we have described--it is an incredible
    increase we have seen in a 1-year period--they are not
    producers of coke, the base for cocaine. However, again, Mexico
    is the major transit area for cocaine coming into this country.
        I am very concerned to learn this week that Mexican
    seizures of cocaine have again dropped. It shows again the lack
    of will, lack of participation, lack of commitment and thumbing
    their nose at the United States in this problem that Mexican
    officials again are reporting a drop in seizures of cocaine in
    that country.
        Given what we know has been almost a threefold increase in
    coca production over the past few years, this drop in seizures
    is a warning signal to me of very lax enforcement on their side
    of the border.
        Finally, the criminal organizations are more frequently
    using illegal immigrants to carry drugs across the border, and
    the number of illegal immigrants we are hearing that are
    involved in narcotics trafficking is astounding--again, even in
    Iowa. We conducted a hearing north of Atlanta, GA, with the
    vice chairman of the subcommittee some months ago and found an
    incredible number of illegal aliens in rural Georgia, and not
    much is being done to remove these people. We look at the
    resources they spent sending one Cuban boy back, and we can't
    get drug dealers and traffickers who are here illegally to
    begin with off our streets and sent back. Something is wrong.
        Now we read of ranchers who are patrolling their land with
    dogs and guns, and some ranchers resorting to being vigilantes
    in order to restore order along our borders. And the violence
    isn't occurring just on our side of the border. Mexican
    citizens right now are paying an incredible price for the drug
    trade that flourishes in their country. I have received reports
    that the states of Baja and the Yucatan Peninsula are also
    suffering from unprecedented numbers of murders and violence.
    What has been traditionally corruption in Mexico is now turning
    to a combination of corruption and incredible violence. In the
    state of Baja, they have even lined up people and gunned them
    down en masse, and we have record numbers of deaths in the
    Tijuana/Baja Peninsula area. They have killed, I believe, the
    second police chief there, and lawlessness prevails in that
    state that has now become a narco-terrorist province within
    Mexico.
        Just this April an ally of the United States, Mr. Jose
    Patino and his colleagues working to indict drug traffickers,
    were abducted, tortured, and executed as they drove from San
    Diego to Tijuana.
        While the administration has suggested that a strong
    bilateral approach to law enforcement with Mexico is necessary
    to achieving our mutual interests and controlling our border
    and protecting our citizens, very little has, in fact, been
    done to translate these words into action. Mexicans again
    continue to thumb their nose at even the basic request that the
    entire House of Representatives passed several years ago asking
    for extradition of Mexican drug dealers, and to date not one
    Mexican major drug kingpin has been extradited to the United
    States. Every one of our requests, in fact, that we have made
    through resolutions of the House have been ignored. In fact,
    some reports indicate that the Mexican Attorney General's
    Office has done little to strike a blow against the known
    traffickers in Mexico.
        I am greatly concerned that the vetted units that we have
    invested in cannot operate due to a lack of trust. They have
    made even a farce out of vetted units that we have attempted to
    establish.
        Where are the signs of cooperation? In each of the
    categories of extradition, including also, as I said, other
    things that have been requested, including a maritime agreement
    and anti-corruption measures, we have seen almost no or little
    progress. The only time we get any progress is close to
    certification when they think that there is some threat, but,
    unfortunately, they bought all the lobbying and P.R. resources
    they can to thwart the intent of our certification law, made a
    mockery of even that.
        Today, given the havoc that is being wreaked on our Nation,
    it is even more imperative that we critically examine the
    results of past efforts and develop and implement sound plans
    and strategic initiatives for the future. We should be ahead of
    the curve knowing at all times that we are making progress and
    not losing ground.
        My goodness, last night the House of Representatives did
    pass an emergency supplemental legislation. We know the source
    and route area that this administration has helped develop
    through its inane policy with Colombia. The source and problem
    is Colombia for a lot of the drugs that are produced. Mexico is
    now joining the production ranks in significant quantities. But
    I think that the action last night will provide us with the
    resources that we need to move forward.
        We were successful with initiatives that Mr. Hastert helped
    initiate, and the predecessor to this subcommittee helped
    initiate in Peru and Bolivia, and those have dramatically
    increased the production of cocaine in those countries, and I
    think that we will have a similar effect when the bill is well
    balanced to also provide resources to other areas. But, again,
    we must have an ally in this whole effort, and Mexico must be
    part of the picture since it is the biggest trafficker in
    illegal narcotics in the world right now.
        I am not convinced that Mexico has done enough, as you can
    obviously ascertain, to stem the rising tide of drug
    exportation across the border into this country.
        Just last month, seven U.S. court justices who represent
    the five districts that currently handle 26 percent of all
    criminal case filings in the southwest border courts came to
    Capitol Hill to tell Congress about the mounting crisis in
    their courts. These jurists reported that drug prosecutions in
    that area had doubled between 1994 and 1998, while immigration
    prosecutions increased five-fold.
        As a Nation, we must face certain irrefutable facts.
    Increasing the amount of illegal drugs, particularly heroin,
    coming from or through Mexico, in fact, is ending up on our
    streets. Heroin and those who traffic in it spread and finance
    gang violence, crime, destroy young lives, and undermine our
    communities and our very quality of life.
        The question remains how can we best stop what is going on,
    how can we best bring the situation under control, and that is
    why we are here today, to hear from witnesses who are involved
    directly on the front lines of this effort.
        I am pleased to have before us two panels this morning, and
    we will have additional statements by Members submitted to the
    record. Again, we will leave the record open for a period of 2
    weeks.
        [The prepared statement of Hon. John L. Mica follow:]
        [GRAPHIC] [TIFF OMITTED] T2582.001

        [GRAPHIC] [TIFF OMITTED] T2582.002

        [GRAPHIC] [TIFF OMITTED] T2582.003

        [GRAPHIC] [TIFF OMITTED] T2582.004

        [GRAPHIC] [TIFF OMITTED] T2582.005

        Mr. Mica. This morning, as we proceed, we have two witness
    panels. Let me introduce the first panel.
        The first panel is Judge W. Royal Furgeson, Jr., the U.S.
    District Court, Western District of Texas; Mr. Joseph D. Keefe,
    who is a Special Agent in Charge of Special Operations Division
    of the Drug Enforcement Administration; Mr. Ed Logan, who is a
    Special Agent in Charge, San Diego, of the U.S. Customs
    Service; and Mr. Luis E. Barker is a Chief Border Patrol Agent
    in El Paso sector of the U.S. Border Patrol under INS.
        We are pleased to welcome these witnesses to our
    subcommittee this morning.
        Let me say, as we proceed, this is an investigations and
    oversight subcommittee of the full Government Reform Committee
    of the House of Representatives. In that regard, we do swear in
    all our witnesses, which we will do in just a moment.
        Also, if you have any lengthy statement, any statement for
    the subcommittee, oral presentation beyond 5 minutes, I ask
    that you request that it be submitted to the record and will be
    done so by unanimous consent. Also, any additional data,
    background that you would like to be made part of the record,
    if you request through the Chair that also will be added to the
    proceedings and your statement today.
        With that, if you could please rise and be sworn.
        Raise your right hands.
        [Witnesses sworn.]
        Mr. Mica. This was answered in the affirmative. We'll let
    the record reflect that.
        Welcome this morning. I think first we'll turn to Judge W.
    Royal Furgeson, Jr., who is the U.S. district court, western
    district of Texas.
        Welcome, sir. You are recognized.

       STATEMENTS OF JUDGE W. ROYAL FURGESON, JR., U.S. DISTRICT
      COURT, WESTERN DISTRICT OF TEXAS; JOSEPH D. KEEFE, SPECIAL
    AGENT IN CHARGE, SPECIAL OPERATIONS DIVISION, DRUG ENFORCEMENT
     ADMINISTRATION; ED LOGAN, SPECIAL AGENT IN CHARGE, SAN DIEGO,
     U.S. CUSTOMS SERVICE; AND LUIS E. BARKER, CHIEF BORDER PATROL
             AGENT, EL PASO SECTOR, U.S. BORDER PATROL, INS

        Judge Furgeson. Thank you very much, Mr. Chairman. My name
    is Royal Furgeson, and I am a U.S. district judge for the
    western district of Texas. I was one of the judges who came
    last month to Congress to talk with the Congress about the
    impact of the southwestern border initiative on the Federal
    courts on the border.
        As you well mentioned in your report, the five judicial
    districts on the border are now handling 26 percent of all
    criminal filings in the U.S. courts. That is basically 5
    percent of the Federal courts handling 26 percent of the
    criminal filings.
        If the trend continues, we estimate that this 5 percent may
    be handling as much as a third of all criminal filings within
    several years.
        Let me give you just a brief indication of the impact your
    initiative has had on my court. By the way, I do have a written
    statement that I would request be put in the record.
        Mr. Mica. Without objection, your entire statement will be
    made part of the record.
        Please proceed.
        Judge Furgeson. Thank you, sir.
        I am the presiding judge over the Pecos Division of the
    Western District of Texas. It is one of seven divisions in the
    Western District. Three of our divisions are on the border--El
    Paso, Del Rio, and Pecos. The Pecos Division covers 430 miles
    of border with Mexico. It includes the Big Bend National Park,
    which is the fourth largest national park in the 48 States, the
    lower 48.
        In 1995, the first year that I presided over the criminal
    docket of the Pecos division, there were 45 criminal cases
    filed. That is about the time that the southwest border
    initiative began. Since the start of the southwest border
    initiative, my docket has grown considerably. Last year, 1999,
    there were 386 criminal cases filed in the Pecos division. That
    is an 800 percent increase in 4 years.
        In the first 5 months of this year, 252 criminal cases have
    been filed in the Pecos division. That comes to 50 cases a
    month. I believe there will be over 600 cases filed in the
    Pecos division this year. That will be a 55 percent increase in
    criminal filings over last year.
        Last year, I and the two judges to my west who handle El
    Paso, TX, presided over an average, among the three of us, of
    about 750 cases. The average criminal case filings for district
    judges last year in America was 74. Right now our three courts
    are handling something like 10 times the number of average
    filings for judges across the United States.
        I think the goal of the border initiative was to stop drug
    smuggling and drug trafficking. I think that goal is well
    underway. I don't know if these gentlemen to my left believe
    they have met the goal yet, but they are doing an impressive
    job of interdicting drug smuggling, and those drug smuggling
    cases are then coming into our courts in record number.
        What we have been trying to tell the Congress, Mr.
    Chairman, and what we told the Congress when we came last
    month, was that this increase in law enforcement on the border
    is having an enormous impact on the judiciary on the border,
    and we are really under an incredible stress attempting to
    handle the cases that are coming into our courts.
        Our goal is to handle them and handle them as effectively
    and efficiently as we can, but with the enormous addition of
    cases in our courts, we are under enormous strain.
        We have asked for additional funding for the courts on the
    border. That is a part of our request for the total budget of
    the judiciary this year, and we have also asked for new
    judgeships and other kinds of support, and we have been very
    gratified by the response we have received.
        Thank you, sir.
        Mr. Mica. Thank you, Judge Furgeson.
        [The prepared statement of Judge Furgeson follows:]
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        Mr. Mica. We'll suspend questions until we have heard from
    all of the witnesses on this panel.
        We will now hear from Joseph D. Keefe, and he is the
    special agent in charge of special operations division of DEA,
    our Drug Enforcement Agency.
        Welcome, sir. You are recognized.
        Mr. Keefe. Mr. Chairman, I appreciate this opportunity to
    appear before the subcommittee today to discuss the issue of
    drug trafficking along the southwest border.
        My submitted testimony will provide you with objective
    assessment of the law enforcement issues surrounding the drug
    threat posed by international drug trafficking organizations.
    My overall remarks today will be limited to the Mexican heroin
    trade and our response to this threat.
        The organized crime syndicates in Mexico have grown
    significantly more powerful and wealthy over the last 6 years.
    Their position in the cocaine trade has been significantly
    enhanced by the Colombians payment in cocaine for providing
    transportation services for drug lords. These trafficking
    organizations have accrued billions of dollars in drug profits
    annually and now rival their Colombian counterparts in power,
    wealth, and influence.
        The Mexican organized crime syndicates are not satisfied
    with their billions in cocaine profits. They also seek profits
    in the heroin trade. Mexican heroin has become the second-
    largest source used in the United States.
        Organized crime syndicates based in Mexico now dominate the
    marketplace in the west and hold a substantial share of the
    midwest market and are actively pursuing markets on the East
    Coast. Historically, traffickers from Mexico use their
    proximity and access to the southwest border to their
    advantage. After safely smuggling heroin across the border,
    these organizations routinely stockpile the heroin in locations
    such as San Diego and Los Angeles, CA. The heroin is
    subsequently distributed in pound quantities throughout the
    United States.
        By keeping quantities small, traffickers minimize the risk
    of losing significant quantities of product to U.S. law
    enforcement. In addition, once the heroin reaches the United
    States, these traffickers rely upon well-entrenched drug
    smuggling and distribution networks to distribute their heroin.
        The popularity of black-tar heroin has increased as its
    purity has soared. Traditionally, Mexican heroin, such as
    Mexican brown or black-tar heroin, was recognized as inferior
    and less pure grade of heroin; however, recent investigations
    such as Operation Tar Pit have revealed purity levels of black-
    tar heroin as high as 84 percent, explaining its increased
    popularity.
        Heroin abuse is not restricted to the inner city poor or
    the Hollywood elite. Middle class teenagers and young adults in
    places like Orlando, FL; Plano, TX; and Rio Arriba County, NM
    have fallen prey to heroin addiction as a consequence of their
    experimentation with high purity dosages of this dangerous
    narcotic. Tragically, Rio Arriba County, NM, had the highest
    per capita heroin overdose rate in America. Between 1995 and
    1998, the small town of Chimayo, located in Rio Arriba County,
    suffered over 85 deaths attributed to high-purity black-tar
    heroin.
        In order to combat drug production and trafficking networks
    operating along the southwest border, DEA, in concert with
    other Federal agencies, established the southwest border
    initiative, an integrated, coordinated law enforcement effort
    designed to attack the command and control structure of
    organized criminal operations associated with these criminal
    organizations.
        The most effective way to dismantle these drug traffic
    organizations is through multi-agency cooperative
    investigation. The special operations division enhances
    agencies' ability to dismantle these organizations. The special
    operations division is a joint national coordinating and
    support entity comprised of agents, analysts, and prosecutors
    of the Department of Justice, U.S. Customs, Federal Bureau of
    Investigation, Drug Enforcement Agency, and Internal Revenue
    Service. Its mission is to coordinate and support regional and
    national criminal investigations and prosecutions against drug
    trafficking organizations that threaten our Nation.
        These cooperative investigations have yielded tremendous
    results, as evidenced by the success of Operation Impunity,
    Operation Green Air, and most recently Operation Tar Pit.
        Operation Tar Pit was a year-long investigation which
    resulted in a complete disruption and dismantling of the
    largest black-tar heroin organization operating in the United
    States to date. The operation culminated in the arrests of over
    225 suspects and the seizure of 64 pounds of black-tar heroin.
        The investigation revealed that this organization was
    responsible for smuggling and distributing approximately 80 to
    100 pounds of black-tar heroin a month into the United States.
    In addition, Operation Tar Pit proved that Mexican traffickers
    were, in fact, attempting to expand their traditional western
    markets into the more-lucrative high purity white heroin market
    in the eastern part of the Nation currently controlled by
    Colombian-based traffickers.
        This criminal organization established heroin drug
    trafficking sales as far west as Hawaii and as far east as New
    Jersey.
        Operation Tar Pit also revealed this organization's
    ruthlessness and total disregard for human life. During the
    investigation it was learned that these criminals targeted
    methadone clinics and preyed on heroin addicts who were seeking
    help for their heroin addiction. Their callous marketing
    efforts were responsible for driving recovering addicts back
    into the cycle of heroin use.
        Drug trafficking organizations operating along the
    southwest border continue to be one of the greatest threats to
    communities across the Nation. The DEA is deeply committed in
    our efforts to identify, target, arrest, and incapacitate the
    leadership of these criminal drug trafficking organizations.
        Cooperative investigations such as Operation Tar Pit serve
    to send a strong message to all drug traffickers that the U.S.
    law enforcement community will not sit idle as these criminal
    organizations threaten the welfare of our citizens and the
    security of our towns and cities.
        Mr. Chairman, thank you for the opportunity to appear
    before your subcommittee. I will be happy to answer questions
    at the right time, sir.
        We also have a short video to show you at some point.
        Mr. Mica. How long is the video?
        Mr. Keefe. Just about a minute, sir.
        Mr. Mica. Why don't we just go ahead and show that now at
    the end of your testimony, if you are ready.
        Mr. Keefe. Mr. Chairman, this video shows an example of how
    they were moving--in Operation Tar Pit, how the traffickers
    were moving pounds of black-tar heroin within the United
    States.
        An example here is a boom box often used by a typical
    Mexican female, often juvenile, would often carry a boom box on
    a bus and travel from Los Angeles, CA, for example, to
    Columbus, OH.
        The other example is a rice cooker, which was shipped by
    mail, which also contained approximately about a pound of
    black-tar heroin which would be shipped from the West Coast to
    whichever city it was going to, and they did this continuously
    throughout this investigation.
        [Videotape presentation.]
        Mr. Keefe. You can see the black-tar heroin contained in
    the packets.
        Mr. Mica. In our hearing on Monday on Sioux City, IA, local
    enforcement officials described how they set up an auto parts
    business and were shipping--I think it was meth in this case--
    into the Sioux City area, the tri-county area, tri-State area
    up there, and so sophisticated that they actually created this
    bogus business. When they went after them the business
    evaporated. I think that was also tied to an operation in
    California.
        They were setting up false businesses and then shipping the
    stuff in through that, similar fashion.
        Thank you.
        [The prepared statement of Mr. Keefe follows:]
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        Mr. Mica. We'll turn now to Mr. Ed Logan, special agent in
    charge in San Diego, U.S. Customs Service.
        Welcome, sir. You are recognized.
        Mr. Logan. Thank you, Mr. Chairman and members of the
    subcommittee. I am pleased to appear before you today to
    discuss the U.S. Customs Service's efforts in protecting the
    southwest border.
        As the committee is well aware, the Customs Service, along
    our border with Mexico, must work in a multidimensional threat
    environment. While we have positioned most of our personnel and
    resources facing south along the 1,800-mile land border that we
    share with Mexico to screen persons, conveyances, and goods
    moving north, we also must be watchful on southbound trade and
    traffic which may be carrying weapons, undeclared currency,
    hazardous materials, controlled technology, stolen cars, or
    fugitives from justice leaving the United States.
        At the same time, due to our geography, we must also look
    west and east, where the Pacific Ocean and the Gulf of Mexico
    provide yet another avenue for drug smugglers long schooled in
    the ways of moving narcotics by sea.
        We also must be able to look up and monitor our skies,
    which became in the 1970's and the 1980's the quickest way for
    drugs to enter the country.
        Last, all the agencies along the border must be ever
    vigilant to the presence of tunnels, which have been created to
    move both narcotics and illegal aliens into the United States.
        Within California, in my area of operations, in 1999
    Customs encountered over 30 million passenger vehicles, 95
    million persons, almost a million trucks, thousands of pleasure
    craft, and cleared for entry into the United States commerce
    over $12 billion of trade only from Mexico.
        To meet our threat, we have deployed personnel, technology,
    air, and vessels to screen the border environment, whether that
    be on land, in the air, or at sea. All of these pose unique
    challenges.
        Screened from this enormous haystack of people and
    conveyances, the Customs Service has seized 192 tons of
    marijuana, 5 tons of cocaine, 1,164 pounds of methamphetamine,
    and 226 pounds of heroin, most of it black tar, along with
    arresting over 4,000 drug smugglers.
        In 8 short years, we have witnessed drug seizures rise at
    our California ports of entry from 370 in 1991 to over 4,000 in
    1998.
        As I have previously testified before this committee in
    March, last year over 58 percent of all detected drug smuggling
    events at United States ports of entry along the Mexican border
    occurred in California. While Customs is responsible for
    enforcing sections of the U.S. code on behalf of 60 other
    Federal agencies and routinely conducts a wide variety of
    investigative activity, Commissioner Kelly has clearly stated
    that interdicting narcotics and dismantling drug smuggling
    organizations is our highest priority.
        The windows of opportunity for would-be drug smugglers are
    staggering, and the number climbs each year as the benefits of
    NAFTA continue to increase trade with our southern neighbor,
    which rose 115 percent in California from fiscal year 1994 to
    1999.
        Our efforts to deal with our ever-increasing work load may
    be characterized as follows: continuous coordination with
    Federal, State, and local resources through coalition law
    enforcement; the utilization of technology; effective
    intelligence gathering and sharing; and proactive investigative
    operations targeted drug smuggling organizations.
        The increased availability of x-ray systems and dedicated
    intelligence and investigative efforts at our commercial
    facilities are already resulting in increased seizures of
    narcotics. For example, this fiscal year to date at Otay Mesa
    and Tecate there have been 44 significant seizures of marijuana
    concealed in trucks, averaging approximately 1,400 pounds each.
    This is up from 6 seizures in 1995 that averaged approximately
    600 pounds, and 30 the previous year that averaged 960 pounds.
        We are seeing a disturbing trend toward the increased use
    of commercial trucks, including concealment in false walls and
    roofs, as well as commingled in legitimate commerce.
        Black-tar heroin, on the other hand, is much more difficult
    to detect as it enters the United States from Mexico. While
    there are some poly drug smuggling organizations which move
    heroin, cocaine, marijuana, and methamphetamine, our recent
    experience in intelligence tell us that there are highly
    organized Mexican traffickers who specialize in smuggling
    black-tar heroin into the United States and distributing it in
    communities across the United States. DEA's highly successful
    Operation Tar Pit is vivid confirmation.
        Heroin couriers by the hundreds move stealthily through the
    southwest border, many carrying relatively small amounts
    concealed on and in their bodies. Other couriers move it in
    larger quantities in vehicles, usually between 15 to 20 pounds,
    concealed in specially constructed compartments and modified
    car components like manifolds and engine blocks. Often the only
    way we can confirm the presence of heroin in vehicles, even
    when we have advance intelligence, is to x ray. In many cases
    the heroin is so well integrated into the vehicle we have to
    partially destroy the car to remove the drugs.
        This is why interagency intelligence sharing on drug
    smuggling operations and organizations and techniques is so
    critical to effective counter-narcotics operations. While
    interdicting the drugs at the border is important, our
    controlled deliveries and investigative bridge strategy enables
    the Customs Service, oftentimes in partnership with DEA, the
    FBI, and State and local agencies, to identify the scope of the
    smuggling and distributing organizations transiting our border
    for heartland, U.S.A., and all other major metropolitan cities.
        Those of us who work on the United States-Mexican border
    know that it is an environment in which drug smuggling
    routinely infiltrates legitimate trade and commerce. The
    traffickers and smugglers are experienced, well-financed, often
    well-trained, and, sadly, highly effective in their efforts.
        In conclusion, we take pride in our law enforcement
    coalition as the Customs Service is not alone along the border.
    We remain shoulder-to-shoulder with all of the agencies,
    Federal and State, who have resources dedicated to this
    important effort. I am proud to represent the Customs Service
    in providing insights into the hard work being conducted by the
    men and women of the Customs Service every day along the
    border.
        I have a longer statement, Mr. Chairman, and I would
    request that it be submitted.
        Mr. Mica. Without objection, your entire statement will be
    made part of the record. Thank you for your testimony.
        Mr. Logan. Thank you, sir.
        [The prepared statement of Mr. Logan follows:]
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        Mr. Mica. I will now turn to Luis E. Barker. Mr. Barker is
    chief of the border patrol, El Paso sector of the U.S. Border
    Patrol, INS.
        Welcome, sir. You are recognized.
        Mr. Barker. Good morning, Mr. Chairman and distinguished
    members of the subcommittee. I am Luis Barker, chief patrol
    agent of the El Paso sector of the U.S. Border Patrol. I am
    pleased to have the opportunity to appear before the
    subcommittee today to speak to you about the Border Patrol and
    our narcotic enforcement efforts along the southwest border.
        The El Paso sector encompasses 125,000 square miles of
    territory, including the entire State of New Mexico and two
    counties in west Texas. We have 12 Border Patrol stations and 6
    permanent Border Patrol checkpoints under our jurisdiction.
    Currently, we have approximately 1,000 agents assigned to the
    El Paso sector, one of the largest geographical sectors in the
    country. The topography of the El Paso sector is quite diverse.
    It includes 180 land border miles and 109 river boundary miles.
        The El Paso sector agents, like those across the country,
    diligently perform their duties every day in an environment
    that is becoming more dangerous and threatening because of
    alien and narcotics smugglers. Border Patrol agents protect our
    national security, are arresting individuals who enter the
    country illegally and who may pose a criminal threat to our
    communities.
        Before 1993, there was no comprehensive unified plan for
    controlling this 2,000-mile frontier. The number of Border
    Patrol agents was insufficient to get the job done, and those
    we had were not provided all the equipment and technology
    necessary to do the job. As a result, illegal immigrants and
    drug smugglers came across the border with little fear of being
    apprehended. The Border Patrol management strategy we developed
    to deal with the problems on the southwest border was
    comprehensive and multi-year. The strategy is simply a call for
    prevention through deterrence--that is, elevating the risk of
    apprehension to the point where immigrant and drug traffickers
    consider it futile to enter the United States illegally.
        That concept first took shape in late 1993 in El Paso with
    Operation Hold the Line. The operation was designed to reduce
    the alarming increase in illegal entries and crime in the
    metropolitan El Paso area. Approximately 400 agents teamed
    together on the border for 25 miles. El Paso sector was able to
    reduce apprehensions by more than 70 percent and reduced crime
    by 15 percent almost overnight. For the first time, this border
    community saw an effective integration strategy could make a
    difference, as well as improve the quality of life in New
    Mexico and west Texas.
        These strategies still remain in effect today, although not
    without additional challenges. Because of the effectiveness of
    Hold the Line in west Texas, areas in southern New Mexico are
    now being impacted heavily. Some illegal immigration shift is
    now being felt in areas in New Mexico such as Deming, Columbus,
    and Lordsburg. These southern New Mexico communities are
    experiencing a trend of increasing apprehension and smuggling
    activity. In some areas, agents are encountering large groups
    of immigrants, as large as 75 to 100. Alien smugglers have
    increased their illegal activity and subsequent exploitation of
    people who are willing to pay them.
        In addition to these challenges, there is also the constant
    element of danger for agents who are tasked with the
    responsibility of interrupting smuggling episodes. For the
    first time, we are seeing a consistent pattern of narcotics
    smuggling in southern New Mexico via backpacking and horseback
    in the outlying New Mexico areas. The interception of narcotics
    loads is a daily occurrence at traffic checkpoints in New
    Mexico. This past Sunday, agents working a checkpoint near
    Alamogordo seized more than 1 ton of marijuana in a U-Haul
    truck bound for Florida. The driver, as it turned out, had an
    outstanding warrant from Florida on aggravated charges with a
    firearm. This scenario is not uncommon.
        Our agents remain vigilant 24 hours a day and now have at
    their disposal technology that includes surveillance cameras,
    night vision equipment, aircraft, and newly introduced vehicle
    barriers designed to prevent drive-through narcotic loads from
    entering the United States at specific points along the border.
        In the immediate El Paso area, we are also seeing more
    ingenuity by those who persist in breaking immigration laws.
    Illegal immigrants and drug couriers come in and utilize storm
    drainage tunnels, which consists of an entire network of
    underground entranceways into the United States. While our
    agents are now stepping up surveillance on tunnel networks, it
    is a problem that persists.
        Drug interdiction remains a top priority for the El Paso
    sector agents. In New Mexico, alone, our agents have made 634
    seizures this current year. On a national scale since 1993, we
    have more than doubled the number of Border Patrol agents to
    over 8,600, with the vast majority stationed on the southwest
    border. We have increased their effectiveness by providing
    state-of-the-art equipment to our agents, such as infrared
    scopes, underground sensors, and other force-multiplying
    equipment and technology. With congressional support, we are
    improving our enforcement infrastructure along the border by
    installing fences and anti-drive-through barriers and
    constructing all-weather roads to enhance mobile patrolling
    efforts.
        Although the Border Patrol's primary mission is to enforce
    immigration laws of this country, a national drug control
    strategy acknowledges the Border Patrol as a primary Federal
    interdiction agency along our land border with Canada and
    Mexico. Strategically, the more effective the Border Patrol is
    at deterring illegal entry of any kind, the more effective are
    the counter-drug strategies of the inspection agencies at the
    ports of entries and the investigative agencies in the
    interior. The Border Patrol specifically focuses on drug
    smuggling at our ports of entry.
        On March 25, 1996, the INS and DEA signed a memorandum of
    understanding which outlines the authorities, responsibilities,
    and general procedures for the Border Patrol to follow in its
    drug interdiction activities. The Border Patrol also
    participates in the INS and U.S. Customs border coordination
    initiative. As a result of cooperation and good working
    relationship among INS, DEA, and the U.S. Customs Service, drug
    investigation efforts and interdictions are on the rise.
        Mr. Chairman, the men and women of the U.S. Border Patrol
    are proud to be serving their country as they enforce our
    Nation's immigration laws. I thank you for allowing me the
    opportunity to appear before you today, and I will be happy to
    answer any question that you might have.
        I have a longer version of my oral comments.
        Mr. Mica. Without objection, your entire statement will be
    made part of the record, so ordered.
        Thank you.
        [The prepared statement of Mr. Barker follows:]
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        Mr. Mica. I thank each of the witnesses on this first panel
    for your testimony.
        Let me start with Mr. Keefe. DEA produces heroin signature
    identification of drugs and heroin coming into the United
    States and can identify pretty accurately where heroin is
    coming from; is that correct?
        Mr. Keefe. Yes, sir.
        Mr. Mica. In the last report that has been provided to our
    subcommittee, it indicated a 20 percent increase in 1 year, and
    that is, I think, from 1997, I think it is, to 1998. When will
    you produce again another assessment of your signature on
    heroin?
        Mr. Keefe. I'll have to get you that answer, Mr. Chairman.
    I don't know----
        Mr. Mica. You don't know?
        Mr. Keefe [continuing]. Exactly when it will come out.
        Mr. Mica. Is that accurate?
        Mr. Keefe. I just understand, sir, that one should be out
    in 2 months, approximately.
        Mr. Mica. In 2 months?
        Mr. Keefe. Yes, sir.
        Mr. Mica. This is a pretty dramatic increase in any kind of
    narcotic. In fact, it's a pretty startling increase. I've never
    seen anything that dramatic as far as a production level. Have
    you?
        Mr. Keefe. No, sir. Not with the Mexican heroin. No, sir.
        Mr. Mica. And you are saying that also this is a very
    deadly heroin; is that correct?
        Mr. Keefe. Because of the high purity.
        Mr. Mica. And what was the level? You said you've
    identified some of this at what percentage of purity?
        Mr. Keefe. The highest we saw in Operation Tar Pit was 84
    percent.
        Mr. Mica. That's 84 percent?
        Mr. Keefe. Yes, sir.
        Mr. Mica. And that probably is accounting for the deaths.
    We heard the deaths, I think, along the border in Chimayo, that
    one New Mexican border town, probably in my community in
    Orlando, and other areas. Is the high purity what is killing
    them?
        Mr. Keefe. Yes, sir.
        Mr. Mica. We are tracing this back without question to
    Mexico, also, the black tar?
        Mr. Keefe. That's correct, sir. We know it was produced,
    grown in Mexico, made into heroin in Mexico, then smuggled
    across into the United States.
        Mr. Mica. What would you attribute to the dramatic
    increase? Is it lack of U.S. enforcement going after this, or
    is it laxness on the part of the Mexicans to bring production
    under control?
        Mr. Keefe. Well, I----
        Mr. Mica. I mean, you're increasing your enforcement
    efforts. Obviously, something is happening on the other end if
    we are getting this significant production.
        Mr. Keefe. I think the Mexicans, in the heroin field, sir,
    are competing with the Colombians. They have learned from the
    Colombians in marketing. They've learned from the Colombians
    through dealing with the cocaine.
        Mr. Mica. Well, that's the marketers, but I'm talking about
    the officials in charge in Mexico. It doesn't appear this is a
    priority to go after the production. Would that be correct? And
    we're seeing more of this stuff coming in from Mexico, a
    dramatic increase.
        Now, what is most disturbing, is this week, I received--I
    guess, Madruso, the Attorney General, had announced that the
    seizures are down of cocaine. That's what he publicly
    announced, I think, this past week. Does that confirm what
    you've heard?
        Mr. Keefe. Yes, sir.
        Mr. Mica. This is Mexican seizures.
        Mr. Keefe. Mexican, yes, sir.
        Mr. Mica. Now, our heroin seizures are up, right?
        Mr. Keefe. Yes.
        Mr. Mica. Our cocaine seizures are up?
        Mr. Keefe. I believe so. Yes.
        Mr. Mica. Yes. And theirs are down. At least their
    production is up of heroin.
        Mr. Keefe. Yes, sir.
        Mr. Mica. And their seizures of cocaine are down. Do you
    think that you're having any less cocaine transiting through
    their country?
        Mr. Keefe. No, sir.
        Mr. Mica. What disturbs me, too, is the marketing that
    we've heard. It appears that they are actually marketing black-
    tar heroin in the United States; is that----
        Mr. Keefe. That's correct, sir.
        Mr. Mica. And was it you, Mr. Logan who testified that they
    are even targeting methadone clinics? Or was that you?
        Mr. Keefe. That was me, sir.
        Mr. Mica. This is the first time I've heard that. I've
    heard marketing, almost giving out samples to young people for
    potential growing the user market, but you're saying they're
    even going now after methadone clinics?
        Mr. Keefe. They would go into the areas of the methadone
    clinics--obviously, the people going there were heroin users at
    one time, or whatever--and target those people with, as you
    mentioned, free samples, for instance, as they've moved into
    new cities throughout the United States.
        Mr. Mica. And you said--I think it was you that testified--
    just correct me if I am wrong--80 to 100 pounds a month?
        Mr. Keefe. Yes.
        Mr. Mica. Is that seizures, or just an estimate coming
    across?
        Mr. Keefe. That's what we estimated this group was moving
    for the past year in Operation Tar Pit.
        Mr. Mica. Judge Furgeson, you are in the business of
    bringing to justice these folks. Are your courts--now, you are
    a Federal court officer?
        Judge Furgeson. Yes, sir.
        Mr. Mica. Are you prosecuting people who are using small
    amounts of narcotics?
        Judge Furgeson. We see a wide range, Mr. Chairman.
        Mr. Mica. Tell me, most people think that the courts are
    now going after someone who is smoking a marijuana joint or
    that is using a small-time user. Is that what you're dealing
    with?
        Judge Furgeson. That's not the case at all. My first year I
    was in El Paso----
        Mr. Mica. Describe the majority of cases you are handling,
    because a lot of people--in fact, I went to bed last night
    watching somebody spiel off about how this is just a treatment
    problem, and if we treat these folks everything will be fine. I
    want to know if your folks are in that category, that they just
    need a little treatment and the problem will go away.
        Judge Furgeson. Well, my first year in El Paso I had a 2-
    ton cocaine case. It was two semi trucks----
        Mr. Mica. Was that for personal use?
        Judge Furgeson. No, sir.
        Mr. Mica. Alright. [Laughter.]
        Judge Furgeson. No, sir. And the defendants were
    Colombians. I sit in three different places. El Paso is a very
    large cocaine corridor, and I think the great percentage of
    cases coming into El Paso are large cocaine shipments.
        The Pecos division covers the Sierra Blanca checkpoint,
    which is manned by the Border Patrol on I-10, and there we see
    heroin, cocaine, and methamphetamine. Not too long ago I had an
    11-pound methamphetamine case, which I think is a substantial
    amount of methamphetamine.
        In the Pecos division, the Big Bend area, I see very large
    amounts of marijuana, 1,000-pound, 1,500-pound cases of
    marijuana. There are smaller cases, as well, 100 pounds, 200
    pounds.
        Mr. Mica. Well, smaller cases, again--personal use?
        Judge Furgeson. There is no personal use case in my court.
    None.
        Mr. Mica. So we're not clogging the courts with people who
    need treatment and the small-time abusers or addicts?
        Judge Furgeson. There are----
        Mr. Mica. I don't want to put words in your mouth. Tell me
    what you are seeing in your court.
        Judge Furgeson. I'm not seeing anything----
        Mr. Mica. Because people don't want to be--they tell me
    they don't want to be spending money going after people who are
    small-time users or an addict who needs treatment. Is that what
    the Federal courts are doing? Are you harassing these people
    badly in need of treatment?
        Judge Furgeson. There are no personal use cases in my
    court. I mean, it is not close. Probably the closest thing to a
    small amount of smuggling comes from what we call
    ``backpackers,'' people who are convinced to put 40, 50, 60
    pounds of marijuana on their back in groups of 5, 10, 15, and
    they backpack that marijuana across wide tracts of dessert.
        Mr. Mica. And that's the majority of your cases?
        Judge Furgeson. No. That is the cases where people are
    bringing in smaller amounts. They're bringing----
        Mr. Mica. Still trafficking?
        Judge Furgeson. Yes, sir.
        Mr. Mica. The other thing I hear repeatedly is we've got to
    do away with minimum mandatory. We've held hearings on minimum
    mandatories, that our Federal laws are just too tough on these
    guys. What is your advice to the subcommittee? Should we throw
    away the tough sentencing guidelines?
        Judge Furgeson. I like the guidelines because I think the
    guidelines build uniformity into our system. Now, I'm a
    younger--I'm a newer judge. I have been on the bench 6 years.
    Some judges with longer terms do not like the guidelines, but I
    think the guidelines are helpful.
        I, like all judges, would like to have more flexibility in
    sentencing, and I do appreciate the safety valve----
        Mr. Mica. That's what I was going to ask you about. Most
    people aren't aware, but Congress also gave a safety valve, so
    there is an opportunity to give people a chance and gives you
    some flexibility in this process.
        Judge Furgeson. Absolutely. And the safety valve provisions
    in the sentencing guidelines are very helpful to Federal
    judges, very helpful.
        Mr. Mica. You talked about prosecution and your need--I
    mean, for additional resources, the incredible strain this has
    created on the court system there. Is it also affecting other
    services, like the U.S. Marshals?
        Judge Furgeson. The work of the marshals on the border has
    increased, I think, about 100-plus percent in 4 or 5 years, and
    the resources, the additional personnel and staffing, has
    increased 15 percent.
        The work the U.S. Marshals are doing on the border in my
    opinion is heroic, and it is done under very daunting
    circumstances. I would really hope that the Attorney General
    will consider a substantial increase in marshal personnel for
    the border. What those men and women are trying to do is close
    to impossible.
        Mr. Mica. The other thing that we've noticed--I have been
    involved in this back in the 1980's with Senator Hawkins when
    we did a lot in starting the war, a real war on drugs, and we
    did the Andean strategy, the drug certification, Vice
    President's task force, and other things that made a big
    difference, and we started seeing a dramatic decline in drug
    use and going after illegal narcotics, but the beginning of
    this administration we actually saw, I think, in 1992, about
    29,000 drug prosecution cases. Then they started dropping,
    dropping, dropping drug prosecution.
        We started raising hell with them back in 1995 when we took
    over, and they started getting back. They're about to the 1992
    level of going after. It sounds like you are doing most of the
    work.
        My point is, now I'm getting back as chairman of the
    subcommittee reports that sentencing is going down, down, down,
    prosecution is going up. Do you find that to be the case in
    your jurisdiction?
        Judge Furgeson. You mean that people are getting lesser
    sentences?
        Mr. Mica. Lesser sentences. Yes.
        Judge Furgeson. I follow the guidelines, and I would be
    very surprised--I don't know what my statistics are. I sentence
    500 or 600 people a year, maybe more than that, maybe up to 700
    or 800 now, but I follow the guidelines, and so I am not clear
    that the sentences are reducing in severity.
        Mr. Mica. Well, look at your jurisdiction and maybe you
    could provide us with some of that specific information.
        Judge Furgeson. I would be glad to do that.
        Mr. Mica. We would appreciate that.
        Let me turn now to the Border Patrol. You know, one of the
    disturbing things we have heard here is threats on our agents,
    and some of these drug traffickers, particularly on the Mexican
    side, have become pretty emboldened, threatening our agents.
    There have been reports of bounties. What is the response of
    the agency to those kinds of threats that we've heard of?
        Mr. Barker. Every threat is taken seriously and they are
    investigated by the FBI. Once we get them, we make sure that
    the alert is put out. These agents are well capable of
    protecting themselves, and we make sure that, even in those
    situations where they are not teamed up, that help is close by
    in the event that it does occur.
        Mr. Mica. What kind of penalties are there if there is an
    attack or somebody goes after one of our agents? And do we have
    a reward system to so-called ``return the favor''?
        Mr. Barker. There is no reward system, per se, but, again,
    these agents certainly are capable of protecting themselves
    and, again, we take them all seriously, and we make provisions
    to make sure that there is backup in the event that these
    agents are attacked.
        We are seeing that in many forms, not in terms of a bounty,
    but the attacks on these agents both in the form of rocks
    thrown and shots fired at our agents. Just in a little bit over
    a month we had an agent pursuing a load back to the border,
    back to the river, and when he got to the place where the
    backpackers had brought the drugs into the United States they
    were met by a person who was laying in wait who fired a shot
    through the windshield. Fortunately, the agents--it was during
    the day time--saw the person level the weapon and got down. It
    went through the windshield on the driver's side.
        We are seeing that a lot more. We are seeing it in terms of
    rockings where they are protecting loads once they are
    intercepted and they try to make their way back across the
    border.
        Mr. Mica. So, compared to 2 or 3 years ago, what is the
    situation with acts of violence against Border agents?
        Mr. Barker. It has gotten worse. And, again, not all of
    them are firearms.
        Mr. Mica. Are you all dealing with Mexican officials on the
    other side and asking for cooperation?
        Mr. Barker. Yes. We do that on a regular basis.
        Mr. Mica. What's the response?
        Mr. Barker. The response is mixed right now, mainly because
    they are introducing this new police on the border, and we have
    had the contacts with them, and sometimes they do show up,
    sometimes they don't.
        One of the problems is identifying the location both in
    Mexico and in the United States where someone can get there in
    a reasonable period of time. We have engaged with them to map
    these locations, so when we identify a place they'll know
    exactly where it is.
        The response time is the critical issue, and that's the
    part that we are trying to get our arms around, because if we
    call them and they are not able to respond almost immediately,
    it is almost futile.
        Mr. Mica. Mr. Logan, you talked about the difficulty of
    going after some of these drugs that are coming in across the
    border from Mexico, the more sophisticated ways to disguise
    narcotics. What is the progress that Customs is making in
    getting equipment and technology in place to deal with this
    problem?
        Mr. Logan. Well, for example, at Otay we have two, a Vacis
    system and a standing prototype x ray. Another Vacis is on tap,
    I believe, for August. There's also some technology being done
    related to submarine warfare called a ``sonar pinging device,''
    which we hope and anticipate may have some success in
    identifying loads in gas tanks, as well as tires.
        Gas tanks, Mr. Chairman, account for approximately 26 to 30
    percent of all narcotics loads in vehicles that come across, so
    we think that advantage will help us.
        The technology is vital and it is crucial, but it never
    replaces a trained investigator or a trained inspector, inter-
    agency cooperation, and intelligence, which clearly continues
    to be the most helpful, whether it is electronic means, wire
    tap information, informant information, interagency
    investigations, like tar pit--continue to be vital in trying to
    find that needle in the haystack. The haystack is growing
    immensely.
        Mr. Mica. We have been down to the southwest border, and we
    have conducted hearings both on the border and reviews of what
    is going on, and also back here in Washington. One of the
    recommendations was that we have some type of a border
    coordinator or border czar. Has the administration made any
    progress, to your knowledge, on appointing a coordinator,
    someone to help make certain those efforts all come together?
    Do you know anything about this Mr. Logan, Mr. Keefe, Mr.
    Barker?
        Mr. Logan. Well, there continues always to be interagency
    cooperation. To my knowledge, there has not been a coordinator
    named.
        Mr. Mica. No progress on that? Mr. Barker.
        Mr. Barker. Yes, there is a border coordinator. Prior--it
    was the U.S. Attorney in the State of New Mexico, but he has
    since left and another one was appointed, but I agree with Mr.
    Logan. I think the interagency cooperation on the ground is
    crucial and I think there is quite a bit of that, because I
    know, especially in El Paso, we interact quite regularly with
    DEA and Customs. In fact, we've gotten agents on every task
    force that those two agencies have.
        Mr. Mica. And overall we do not have a coordinator in place
    at this point?
        Mr. Barker. I think there is one, and he is a U.S.
    Attorney.
        Mr. Keefe. The U.S. Attorney for the District of Arizona I
    believe is currently on the Southwest Border Council. Yes, sir.
    And they meet regularly, as do the law enforcement agencies
    meet with that council regularly, sir.
        Mr. Mica. OK. Well, that was one of the recommendations
    that came out of the hearing, that we have somebody in charge
    and coordinate. Maybe we can check with the agency heads to see
    how that is progressing. It was one of the problems that we
    identified.
        Are DEA agents still restricted, to your knowledge, on
    being armed in Mexico?
        Mr. Keefe. Nothing has changed, to my knowledge.
        Mr. Mica. Nothing has changed. Are you aware of any major
    kingpin drug trafficker expedited since DEA last came to
    testify before our subcommittee?
        Mr. Keefe. No, Mr. Chairman.
        Mr. Mica. No one?
        Mr. Keefe. No, sir.
        Mr. Mica. You testified mostly, Mr. Keefe, about black-tar
    heroin and the focus of this hearing has been predominantly on
    the black-tar heroin, but the meth explosion is basically
    another phenomena that we've never seen anything like.
    Everywhere we conduct a hearing now we are hearing local and
    State law enforcement officials tell us that they are being
    inundated by methamphetamine and mostly traced back to Mexico.
    Are you getting those same reports?
        Mr. Keefe. We see it back to Mexico or to Mexican national
    organizations that are producing it in California.
        Mr. Mica. They are also using networks of illegals involved
    in transport and even production in the States now.
        Mr. Keefe. That's correct.
        Mr. Mica. So the other thing that we're seeing is the
    actual meth product being transported from Mexico, and now we
    are getting into the illegals and the meth gangs being involved
    in these meth labs; is that also correct?
        Mr. Keefe. In the United States?
        Mr. Mica. Yes.
        Mr. Keefe. Yes, sir.
        Mr. Mica. Well, with producing small amounts of
    methamphetamine there are some domestic chemicals that can be
    used. Are we seeing precursors also come in from Mexico?
        Mr. Keefe. Yes. Obviously, they would be smuggled in, so
    yes there are some precursors coming in from Mexico, as well as
    coming into the United States, purchasing them here too, sir.
        Mr. Mica. This is just beyond belief, but in the central
    part of the United States, midwest, I guess Representative
    Latham had gotten a training center established at the cost of
    about $1.2 million a year for the past several years just to
    train local and State enforcement people on how to deal with
    meth labs. I understand going after meth labs is not a simple
    thing, because there is explosive and hazardous material
    involved. That's just, again, for that little tri-State area.
        Are you seeing or getting reports from local officials of
    the same problem in dealing with, again, this meth production,
    this meth lab around the country?
        Mr. Keefe. Absolutely. Absolutely, Mr. Chairman. It is a
    tremendous problem, as you mentioned, because the toxicity of
    the chemicals, the potential for explosion, and environmental
    concerns when they dump the waste into a local stream or just
    bury it in the ground.
        Mr. Mica. Again, I don't want to be over-exaggerating the
    meth situation, but everywhere we go--we have been in
    Sacramento. I mean, I couldn't believe the testimony we heard a
    couple of months ago from Mr. Ose's District along San Diego.
    San Diego had a meth epidemic.
        We were in Louisiana and heard incredible testimony of the
    meth coming now into the New Orleans area.
        In Dallas, TX, for Mr. Vitter, we held a hearing there.
    They told us there were 1,000 meth lab seizures in Oklahoma and
    the northern part of Texas.
        Are these figures accurate?
        Mr. Keefe. I would have to get you that information. I'm
    sure DEA has that information. We certainly can get it for you,
    Mr. Chairman.
        Mr. Mica. I see we have this Operation Tar Pit to go after
    the black-tar heroin now that we are seeing an explosion of.
    What about meth? Do we have a similar operation for meth, and
    Mexican meth, in particular?
        Mr. Keefe. We have numerous investigations, joint
    investigations, going on right as we speak, Mr. Chairman.
        Mr. Mica. Again, this is a different dimension. We know
    that black-tar heroin is being produced in Mexico, and Mexico
    feels we can identify it by your signature analysis program.
    Now we have not only the hard meth coming in, the product
    coming in, but we've got them producing, using the United
    States and these venues I've just described as production
    facilities in smaller labs.
        Do we have an effort to go after these people and trace
    them back? And many of them, we're getting reports, again, are
    illegals who shouldn't be here in the first place.
        Mr. Keefe. Yes, sir. Sir, if I could just explain, as far
    as the number of labs go you referred to in different parts of
    the country.
        Mr. Mica. Right.
        Mr. Keefe. A lot of those were referred to, as we call
    them, for lack of a better term, ``Mom and Pop labs,'' which
    are very small, produce maybe an ounce. A pound would be large.
    These are usually not Mexican national organized crime groups
    involved with these labs.
        Mr. Mica. Again, I've got to tell you, from Iowa, and the
    law enforcement folks told us that Mexican illegals are
    involved with the actual production. Trafficking is one thing,
    and I just described to you after your video that they had set
    up a sophisticated operation with auto parts, set up a store
    front, and were putting in the hard product. Now it shifts to
    production domestically. Bringing a hard product in is one
    problem, and we are discussing that as it transits the border
    here, but now we are seeing a new phase of this.
        I know there are many, many Mom and Pop, but we're also
    seeing bigger producers, Mexican gang initiated.
        Mr. Keefe. Agree 100 percent. What we would say at DEA,
    what we would see is that 10 percent of the clandestine labs in
    the United States are involved with Mexican traffickers, which
    are responsible for 85 percent of the methamphetamine in the
    United States. So the labs that we see the Mexican nationals
    involved in in the United States are what we call these ``super
    labs,'' which would be capable of making more than 10 pounds at
    a time.
        We see primarily most of those labs to date in the
    California area, and the traffickers as you referred to in
    Sioux City and those areas in the midwest, it is being
    transported across the United States to those organizations for
    distribution.
        I'm not saying that there aren't Mexican labs in the
    midwest, sir. At this time, DEA has not seen as we refer to the
    super labs. We see more Mom and Pops, which, as you mentioned,
    are a tremendous concern for those areas because of the
    financial problems in the cost to clean up those 1,000 labs,
    whether it is the Mexicans involved with the production or the
    Mom and Pop labs. It is still a tremendous law enforcement
    concern that is costing millions of dollars to clean up the
    problem.
        Mr. Mica. You also testified about payment in cocaine, this
    bartering.
        Mr. Keefe. Yes, sir.
        Mr. Mica. Can you describe for the subcommittee a little
    bit more of what new pattern we are seeing?
        Mr. Keefe. What we used to see in the early 1990's, when
    the Colombians started to work through the Mexicans, they used
    to pay the Mexicans for transportation so much money per kilo
    to get the cocaine into the United States. Let's use, back in
    the days when they were sending it in to Los Angeles, for
    instance, they would send it into Los Angeles. Once it was
    successfully delivered into Los Angeles, the Mexicans would
    return the drugs to the Colombian traffickers in the United
    States for distribution across the United States.
        The Colombians have now relinquished a lot of that to the
    Mexicans, and instead of paying them per kilograms they share
    with them. If it is a load, for instance, of 1,000 kilos, for
    example, coming into the United States, they will give, part of
    their agreement, 500 kilos to the Mexicans for the Mexicans to
    distribute, and then the Colombians will take their part and
    distribute it in those areas, primarily the East Coast for
    those. So the profit margin for the Mexicans, as you can
    imagine, has grown tremendously by doing business this way.
        Mr. Mica. Yes. Let me go back to our Border Patrol
    representative. One of the problems that we have had is
    corruption on the Mexican side of the border, and we are
    hearing that it is becoming more and more difficult to deal
    with Mexican officials because of the corruption element. Have
    you had a problem in that regard?
        Mr. Barker. Normally it does not affect us in terms of
    narcotics investigation because that is turned over to DEA.
    Most of the relationship that we have is to obtain information
    and to obtain cooperation that when something occurs on this
    side of the border and the person flees Mexico that we have
    some way to get him back or to apprehend the person. But in
    terms of investigation of narcotics, no, because we don't do
    the investigation.
        Alien smuggling is almost non-existent, and those are the
    larger investigations that we do.
        The cooperation is basically exchange of information, have
    a cooperative environment, but it does not translate to
    investigations.
        Mr. Mica. With your Border Patrol agents--I know DEA and
    Customs and others interdict more of the drugs, but what are
    your agents seeing out there as far as drugs coming across the
    border? More? Less? And what kinds of narcotics?
        Mr. Barker. It is more, and the majority of our seizures is
    related to marijuana. They are using backpackers a lot more
    than they did before. They are breaking the loads down in
    smaller quantities and using more backpackers just to make sure
    that if it is caught they do not lose a great quantity of their
    drugs.
        It has changed over the last few years. Probably about 5 or
    6 years ago we saw them floating maybe a ton of marijuana
    across the border. They do not do that any more. They use
    backpackers, horseback riders in remote locations, and in some
    cases backpackers go for 10, 20 miles to deliver the goods.
    They do it over a period of days to a specified location where
    it is picked up.
        So we are seeing the proliferation of use of backpackers,
    also in the tunnels and, in El Paso, the drainage system. They
    are packaging the marijuana so they can fit through 18-inch
    tunnels to get them to the place of distribution.
        Mr. Mica. I've flown over the border in some of the patrol
    surveillance planes, and that's a pretty big border, so it
    sounds like that is creating an even greater problem for you
    when they break down the loads in this manner; is that correct?
        Mr. Barker. Yes, sir. But we have ways to respond to that.
    We have been the beneficiary of some of the cameras that allow
    us to see greater areas.
        The other thing that we do is we have agents that are
    experienced trackers, and normally they will check these remote
    locations to look for the telltale sign of people smuggling
    drugs, because they can tell the difference, generally, between
    a person who is leading aliens across as a smuggler of aliens
    or a person who is backpacking narcotics, and they are very
    good at that and they track these people.
        The one thing that it gives us, it gives us a better
    opportunity to catch them because of the time that it would
    take for them to get from the border, the intended destination.
    And we have many ways of doing that.
        Judge Furgeson. Mr. Chairman, you mentioned cameras. I get
    a lot of cases with sensors. There are sensors all along the
    border used by the Border Patrol, and those sensors pick up a
    lot of traffic.
        Mr. Mica. Well, we are trying to get the most sophisticated
    equipment available and resources, both manpower and also
    assisting Customs and DEA and others, and technology to deal
    with the problem.
        One of the things that we have seen, and I think also in
    this video, we also conducted a hearing just on drugs through
    package service and the mail. Is DEA and Customs seeing, again,
    more sophisticated, legitimate use of legitimate transport for
    moving drugs around the country? Is that what you are seeing,
    Mr. Logan?
        Mr. Logan. Absolutely, Mr. Chairman. The courier services,
    the FedExs, the UPSs, when it absolutely, positively has to be
    there, you can access your package departure in arrival zones
    on the Internet. I'm confident that DEA is tracking that
    domestically. They've got some terrific cases going on in San
    Diego. UPS in San Diego, for example, once the narcotics are
    successfully smuggled in, that was one of the largest
    warehouses on most of narcotics because they were being shipped
    out of the UPS warehouses in Chula Vista. DEA was highly
    successful in an interagency State and local effort to track
    those packages and deliver them.
        Mr. Mica. Mr. Logan, can you provide the subcommittee with
    an update on anything relating to status of Arellano-Felix, the
    brothers that we have been after?
        Mr. Logan. Well, Customs is part of a larger operation with
    the FBI and DEA on the Arellano-Felix organization, and
    certainly we are frustrated that those fugitives have not been
    found or located. Customs continues to provide manpower, along
    with DEA and FBI, State, and locals to work every lead that we
    can. Certainly it is our judgment that narcotics that's
    transiting in the Baja area, there is a toll taken, the tax by
    the area on the Felix organization.
        Interesting side light, with Tar Pit we don't believe, that
    according to the DEA SAC in San Diego, Errol Chavez, that they
    were paying a toll, because they were able to keep the amounts
    and the black-tar heroin coming through those areas with a very
    low profile, so we were unaware of any toll being taxed by the
    Arellanos in the black tar.
        Joe may have some additional on that, but that was our
    sense in San Diego.
        Mr. Mica. Do you have anything on that, Mr. Keefe?
        Mr. Keefe. As Mr. Logan said, we did not see this group out
    of Nayarit connected at all to the Arellano-Felix. We saw them
    totally independent, right from the production, the growth of
    the opium, right through the distribution into the United
    States.
        Mr. Mica. What do they call that? Integrated----
        Mr. Keefe. Vertical integration.
        Mr. Mica. A vertical integration operation.
        Well, I appreciate each of you coming forward today. Our
    subcommittee is trying to put together a coherent policy to
    deal with this problem.
        As I said last night, we made some great progress. We know
    that most of these narcotics are produced in Colombia. Now we
    are seeing for the first time a dramatic increase of heroin
    production in Mexico, but which gives us another challenge and
    front to deal with, particularly given the level of corruption
    that we have had testimony relating to the problems, again, in
    Mexico.
        Now the violence in Mexico--now we hear about vertically
    integrated operations to produce this, coupled with the new
    activity with methamphetamine. That presents us with a pretty
    serious challenge.
        Unfortunately, I think it is going to take even more
    violence in Mexico to get their attention and cooperation, and,
    unfortunately, they are seeing that, too, at unprecedented
    levels. Maybe at the election they are having there will be
    some change and the emphasis placed on the domestic threat that
    poses for Mexico, and certainly the threat and problems it has
    created in the United States.
        Again, I want to thank all of you. I apologize. As I said,
    we were up voting until 2. There is no lack of interest in this
    subject. We probably will submit additional questions to you
    for the record, since we don't have a full membership of this
    subcommittee here, and we would like your response, if
    possible.
        Again, we appreciate your cooperation today.
        There being no further business or questions at this time,
    we'll excuse this panel.
        Our second panel this morning consists of two witnesses.
    The first witness is Chief Fabienne Brooks with the criminal
    investigations division of the King County Sheriffs Department
    in Seattle, WA. The second witness is Mr. Mario Medina. Mr.
    Medina's family, unfortunately, has experienced tragedy along
    the Chimayo, NM, border and will testify about that situation
    that so dramatically affected their family.
        We will just stand in recess for about 2 minutes.
        [Recess.]
        Mr. Mica. We'll call the subcommittee back to order and
    again welcome Chief Brooks and Mr. Medina.
        I'll call first on Chief Brooks, who is with the criminal
    investigations division of King County Sheriffs Department,
    Seattle, WA.
        Before I do that, let me say that we are an investigations
    and oversight subcommittee of Congress, and we must swear you
    in as you provide testimony to our subcommittee, so if you'd
    stand and raise your right hands.
        [Witnesses sworn.]
        Mr. Mica. The witnesses answered in the affirmative. We
    will now recognize Chief Brooks with the King County Sheriffs
    Department from Seattle, WA.
        Welcome. You are recognized.

     STATEMENTS OF CHIEF FABIENNE BROOKS, CRIMINAL INVESTIGATIONS
     DIVISION, KING COUNTY SHERIFF'S DEPARTMENT, SEATTLE, WA; AND
                MARIO MEDINA, FAMILY VICTIM, CHIMAYO, NM

        Ms. Brooks. Good morning, Mr. Chairman. On behalf of the
    King County sheriff, Dave Reichert, I am very honored to be
    here this morning to speak with you on the topic of black-tar
    heroin.
        My name is Fabienne Brooks and I am the chief of the
    criminal investigations division for the King County Sheriffs
    Office. I have already submitted my testimony.
        Mr. Mica. Without objection, your entire statement will be
    made part of the record, and please proceed.
        Ms. Brooks. OK. I will summarize it.
        Mr. Mica. Go right ahead.
        Ms. Brooks. Just briefly, informationally, King County is
    the largest metropolitan county in Washington State in terms of
    population, number of cities, and employment. It is the 12th
    most populous county in the United States, and the King County
    Sheriffs Office, with over 1,000 employees, is the third-
    largest police agency in the State of Washington and 13th
    largest sheriffs office in the United States.
        King County is an area that poses many attractive
    attributes for the distribution of heroin. It is the home of a
    major international airport, it is the hub of passenger and
    commercial rail and bus lines, and it has significant highway
    systems, not the least of which is I-5, which runs from the
    Mexican border up through Canada. We have a significant
    population, and thus it is a large customer base for this type
    of drug.
        King County is ranked as high as third in the Nation in
    heroin use in the recent past, and this is evidenced by a large
    and established user population.
        Just about 95 percent of the heroin used in King County has
    been identified as Mexican black-tar heroin. Drugs are secreted
    in or inside persons willing to bring these drugs into the area
    for a fee. They are hidden inside commercial trains or freight
    trucks crossing into the United States. We think much of the
    heroin reaching our area comes in vehicles, as you heard from
    earlier testimony.
        In 1998 we arrested what is known as a ``cell leader,''
    which is a person who oversees a communication or a
    distribution network, with 9 pounds of black-tar heroin. This
    arrived in just one load from Mexico. The load was secreted
    inside a specially made metal box that was contoured to fit
    inside an engine block of a car. Once the car arrived, it was
    driven into a garage, where the engine was dismantled and the
    heroin was removed.
        We believe this particular leader had been in business
    since the mid-1980's, and he would receive a load this size
    about once to twice a month.
        As with many organized crime groups operating in an area,
    crime also accompanies the activities of heroin dealers, and
    this ranges from homicides to minor thefts committed by users.
    Of the people incarcerated in the King County jail, 60 percent
    are there on drug-related charges, not necessarily just heroin,
    but on drug-related charges.
        Several years ago, the King County Sheriff's Office
    recovered a baby that had been stolen from a family whose
    father was thought to be connected to the sales of drugs. The
    baby was to be held for ransom until the father paid the
    suspect.
        The family reluctantly called the police and the child was
    safely reunited with the family and suspects arrested after a
    brief pursuit.
        So, in addition to being ranked third in a use of heroin
    nationwide, King County has also been ranked as third for
    heroin overdoses, and that is what makes this area consider
    itself to be in an epidemic stage.
        The 1998 rate of heroin-related deaths had grown 200
    percent over the previous 8 years. The reason for the deaths is
    the purity of the Mexican heroin, which we have tested to be
    between 60 to 80 percent pure.
        Because of the geographical condensing of the people,
    street dealing in heroin is more prevalent in this community in
    our area and it provides a unique law enforcement problem for
    the Seattle Police Department. They have collected data that
    shows users come in from outside the area to buy heroin, and a
    large number of the buyers travel in areas of King County to
    get there.
        The strategies of the drug dealers, which was not talked
    about earlier, is that they use commercial airlines, they use
    produce trucks, they use passenger vehicles, and one of the
    ways they set up locations in our community, we've discovered,
    is that they arrange to rent a house that has a garage, and
    then they hire someone to take care of their home so that it
    doesn't arouse suspicion by the neighbors so that it doesn't
    appear neglected, and they act like quiet, no-problem
    neighbors, oftentimes picking locations on dead ends where it
    is hard to surveil and hard to pay attention to the traffic.
        They hire neighbors perhaps to watch the house for safety
    reasons and to get information on strange cars that may be seen
    in the area. Sort of a neighborhood block watch in reverse.
        They can also arrange for a vehicle repair business. This
    is what they do, as well.
        The challenges for the King County Sheriffs Office and law
    enforcement in our area is because we are so diverse and large
    with the different number of police agencies involved that
    there is a high need for inter-agency communication. Just
    because the heroin is purchased in one area doesn't necessarily
    mean that it is going to stay in that area. There are multiple
    routes. We are one of only three States that doesn't have two-
    party consent. I mean, we do not have one-party consent in our
    State. I apologize for that error.
        What we are doing in King County is participating in a
    county-wide heroin initiative task force that has brought
    together representatives of all groups associated with this
    problem--care providers, health care people, fire department,
    police agencies, treatment providers--looking at the heroin
    problem from treatment and prevention to enforcement. And we
    are also involved in the northwest HIDTA Drug Task Force in our
    area.
        So, in summary, I would like to thank you again for the
    opportunity to address you, and I will be happy to answer
    questions.
        Mr. Mica. Thank you for your testimony.
        [The prepared statement of Ms. Brooks follows:]
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        Mr. Mica. We will get to questions in just a few minutes.
        I am pleased now to recognize Mr. Medina. I appreciate your
    coming forward and providing us with your testimony and your
    personal experience. I know you had a tragedy in your family.
        At this time, if you could, sir, describe what has taken
    place and the, again, horrible effects on your family to the
    subcommittee. Thank you, sir.
        Mr. Medina. Good morning, Mr. Chairman. I'm going to read a
    brief part of my statement here.
        Mr. Mica. Take your time. Again, we appreciate your coming
    forward.
        Mr. Medina. Sure. My family had to deal with this very
    problem. My sister passed away from a drug overdose. My only
    sister is now dead and I am left an only child. Instead of my
    parents retiring at the age of 65, they are now raising their
    two granddaughters as their own children. My nieces, who are
    now 13 and 11, ask questions as to why God took their mother.
    These are results caused by drugs in society.
        Mr. Mica. Thank you. I appreciate your, again, coming
    before us today.
        [The prepared statement of Mr. Medina follows:]
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        Mr. Mica. Let me first turn, if I may, to Ms. Brooks, if
    that concludes your testimony.
        Mr. Medina. Yes, it does.
        Mr. Mica. I will start with several questions. First of
    all, you said your area is third in the United States in heroin
    overdoses; is that correct?
        Ms. Brooks. That's correct.
        Mr. Mica. And you said there was a 200 percent increase in
    deaths, heroin overdose deaths. What period was that for?
        Ms. Brooks. From 1990 through 1998.
        Mr. Mica. From 1990 to----
        Ms. Brooks. Over a 4-year period, yes.
        Mr. Mica. And that continues? You're seeing a continuation
    of the same type of problem?
        Ms. Brooks. Exactly. I don't have the information for 1999
    statistics, but they estimated that the number of deaths was on
    the increase.
        Mr. Mica. One of the things that we have tried to do--and
    we do have oversight over the HIDTAs, the high-intensity drug
    trafficking area designation, is to provide resources to areas
    that have been impacted. I'm afraid we may have to declare the
    United States a HIDTA before this is over. But how are the
    resources that are being provided by the Federal Government
    being utilized? Are they adequate? Are they properly utilized?
    Is it just a lack of not getting additional assistance? Is this
    effective use of our Federal tax dollars? Could you give us
    your insight?
        Ms. Brooks. Well, it certainly is an effective use of our
    tax dollars in terms of attacking the drug problem. We have a
    close working relationship with the HIDTA Task Force and I have
    an investigator assigned to that task force to help focus on
    drug investigations in King County.
        Federal rules allow for a different level of investigation
    of drug dealers.
        Mr. Mica. Yes.
        Ms. Brooks. Part of the information that we get comes from
    neighborhoods and phone calls. That doesn't necessarily rise to
    the level of Federal investigation. So, while the money from
    HIDTA goes to Federal-level investigations, local law
    enforcement sort of has to keep doing with the funding that
    they have.
        Local law enforcement block grants for collaborative
    efforts on the local law enforcement level would provide
    additional resources for us to be able to look into the problem
    and to approach the problem.
        Mr. Mica. Did I hear you describe to the subcommittee a
    situation with black-tar heroin has reached an epidemic
    proportion in that region, or your locale?
        Ms. Brooks. Heroin use has reached an epidemic proportion,
    and 95 percent of it is black-tar heroin.
        Mr. Mica. You said 95 percent?
        Ms. Brooks. Right.
        Mr. Mica. That's an incredible figure.
        Ms. Brooks. Right.
        Mr. Mica. Our subcommittee has been as far as Sacramento.
    We have not been to your jurisdiction. But that is alarming.
    And most of it is coming in transited over I-5, you said,
    through couriers?
        Ms. Brooks. Through couriers, yes. I mean, there are some
    airplanes, but----
        Mr. Mica. It has also made your area, now that you have the
    narcotics, sort of a magnet for attracting additional users and
    criminal activity.
        Ms. Brooks. Exactly.
        Mr. Mica. Do you think we can handle this by just spending
    more money on treatment and giving up the enforcement?
        Ms. Brooks. I don't think we should give up the enforcement
    piece of it. There is always going to be a need for the
    enforcement part. I think adding more resources for an overall
    holistic approach to it would help reduce the level, but if you
    just put money on treatment then the enforcement goes lacking.
        Mr. Mica. Basically, you are drowning in this stuff.
        Ms. Brooks. Yes.
        Mr. Mica. The sheer quantities that are coming in.
        Ms. Brooks. Yes.
        Mr. Mica. Mr. Medina, your sister died a tragic death. What
    did she die from?
        Mr. Medina. Ingestion of black-tar heroin.
        Mr. Mica. Where did that heroin come from?
        Mr. Medina. To my knowledge, I----
        Mr. Mica. There's only one place that I know it is
    produced. That's Mexico.
        Mr. Medina. I guess so.
        Mr. Mica. Unfortunately, your family's situation I
    understand was repeated some 80-plus times in the community you
    came from. Is that correct?
        Mr. Medina. That's in 1 year.
        Mr. Mica. In 1 year?
        Mr. Medina. It repeated itself in 1 year 80 times.
        Mr. Mica. So she isn't alone in losing her life to this
    deadly narcotic. Was she involved in criminal activity, or----
        Mr. Medina. Not that we know of.
        Mr. Mica. And I believe she also was the victim of a very
    high content, high purity content black-tar heroin.
        Mr. Medina. Yes, she was.
        Mr. Mica. And you said she left behind two children?
        Mr. Medina. Yes, she did.
        Mr. Mica. What has been the effect on your family?
        Mr. Medina. Pretty much just a family affected as drugs as
    far as the small community we live in. Just about every family
    has been affected in one way or another, whether it be a
    friend, a relative, a close sibling. It has affected everyone.
        Mr. Mica. Well, you know, I'm one of the Federal elected
    officials. We are only temporary representatives here trying to
    figure out ways to establish policy to keep this from
    happening. You were kind enough to come and tell us about your
    tragedy. What is your recommendation to us? Should we give this
    up? As a human being who has probably been inflicted with a
    tremendous amount of pain, what is your recommendation to
    Congress, to me and others who set this policy?
        Mr. Medina. My recommendation would be to try and stop the
    problem before it starts. Pretty much I know a lot of users in
    the community that I live in, and I think you need to get the
    people before they start using the drug.
        Mr. Mica. Once they have become a user, our statistics show
    a 70 percent failure rate with public treatment programs. Did
    your sister go through any treatment program?
        Mr. Medina. No.
        Mr. Mica. Alright. Then she wasn't a habitual user?
        Mr. Medina. She used about maybe 8 months.
        Mr. Mica. So she was addicted for 8 months?
        Mr. Medina. Yes.
        Mr. Mica. And then died of an overdose?
        Mr. Medina. Yes.
        Mr. Mica. Do you know others in the community that have
    been similar----
        Mr. Medina. I know many.
        Mr. Mica. How big is Chimayo?
        Mr. Medina. It is approximately about 3,000 in population.
        Mr. Mica. It's 3,000 and you had 85 deaths?
        Mr. Medina. Yes. But that's actually like Rio Arriba
    County, which is not a southern town. It is actually a northern
    county in New Mexico. But it is actually traveling the whole
    county now. It is not just Chimayo.
        Mr. Mica. So you think we should continue our efforts to
    keep this stuff from coming across our borders?
        Mr. Medina. I think the effort needs to put more not in
    treatment but in stopping people from using the first time.
        Mr. Mica. Going after the people who are dealing in this
    death.
        Have the people who gave your sister the narcotics been
    located?
        Mr. Medina. Not to my knowledge.
        Mr. Mica. So basically her death has gone unavenged?
        Mr. Medina. Yes. Pretty much.
        Mr. Mica. Well, again, we appreciate your coming forward
    and giving our subcommittee your testimony, your personal
    experience. There were 15,973 that died in 1998 as a direct
    result of illegal narcotics and drug overdoses. Therefore, the
    number is growing and growing. We don't have the 1999 figures,
    and we are losing more than we lost in some of our wars as a
    result of these narcotics.
        The testimony you have provided, Ms. Brooks, shows us
    another spot on the chart and the national map of a very
    serious problem. Any other recommendations you might have for
    this subcommittee on how to deal with this problem? Again, as a
    local official we seek your input on how we can do a better
    job.
        Ms. Brooks. In just listening to Mr. Medina, one of the
    areas I think we need to focus on is education, because the
    young kids have the perception of heroin being the person who
    uses the thing around your arm and you inject it, but they
    aren't injecting it, so they don't think it is a big problem,
    and they think that they can use it once and that's fine. Well,
    statistics show that that doesn't happen, and I think if we can
    put more focus on educating and letting people know the extent
    of the problem and what the ramifications of it are for the
    young people it may be able to deter them from using it.
        Mr. Mica. One of the things that we've done in Congress is
    we've started a program. It is the most extensive in the
    history of the U.S. Government, really, as far as drug
    education and media attention to the problem, that's our
    national media campaign. It is over $1 billion plus matched by
    $1 billion locally, and that has been in effect a little over a
    year now. Unfortunately, we are getting back mixed reviews on
    its effectiveness. What is your observation, Ms. Brooks?
        Ms. Brooks. Personally, I have to admit I haven't seen it,
    and I watch TV a lot. I'm not quite sure where the message is
    going, if it is going to the right people.
        Mr. Mica. That disturbs me, because you obviously have a
    target area. You are third in the Nation.
        Ms. Brooks. Yes.
        Mr. Mica. We are spending $1 billion and requiring another
    $1 billion in contributions, and you haven't seen the program.
        We're going to have the drug czar in here, I think July
    11th, and do another review of the program, not to give the
    drug czar a hard time, but when we have an area like your
    community that is experiencing, again, dramatic increases in
    deaths and abuse and trafficking, and we don't have even you,
    being aware of that program, or it being targeted to there, we
    obviously have a problem.
        Mr. Medina, have you seen any of the ads or efforts to
    educate?
        Mr. Medina. Pretty much the same old clinics and, you know,
    the methadone and these high-dollar rehabs, which I think is
    more a private industry, moneymaking situation. Other than
    that, that's about all.
        Mr. Mica. I think I would have to share your opinion. It
    has turned into a cottage industry, and again, people aren't
    aware of it, but we have doubled since 1992 the amount of money
    in treatment, Even since the new majority, we've increased the
    money for treatment some 26 percent in 4\1/2\, 5 years here,
    and the numbers who are addicted are dramatically increasing,
    and particularly among our young people.
        How old was your sister, Mr. Medina?
        Mr. Medina. She was 31 at the time.
        Mr. Mica. Thirty-one. Pretty much destroyed her life, and
    I'm sure the effects on your family have been dramatic.
        I don't think there is a family in the country that hasn't
    been affected today. I give these speeches on Tuesday nights,
    usually, the special orders, and talk for an hour on the drug
    problem, and as I left last week, one of the clerks who
    followed me out at midnight said, ``Mr. Mica, my son is 21,'' I
    think he said, ``and the last year or two he has been on
    drugs,'' and his family has been through a living hell and they
    can't find successful treatment. They can't deal with the
    problem. Unfortunately, we are hearing that repeatedly across
    the land. It continues to be something that is an incredible
    challenge for us.
        Sort of in closing, Ms. Brooks, the enforcement and
    prosecution levels in some States are not as tough as the
    Federal minimum mandatories. What is the situation in your
    State? Are your State laws tougher or are the Federal laws
    tougher?
        Ms. Brooks. I believe the Federal laws are tougher in our
    State.
        Mr. Mica. And would you recommend to the subcommittee--
    again, I am under tremendous pressure. We've held a hearing on
    lowering the minimum mandatories or abolishing them, and we get
    criticized for having them. We have allowed flexibility and,
    some, again, relief and flexibility to judges. What is your
    recommendation to the panel?
        Ms. Brooks. My recommendation, in terms of the mandatory
    minimums, are to work toward increasing those minimums on the
    State level so that they match what the Federal levels are.
        Mr. Mica. Well, that would be something you would have to
    do with Washington, but----
        Ms. Brooks. Well, I would recommend that they stay where
    they are.
        Mr. Mica. At the Federal level?
        Ms. Brooks. Yes.
        Mr. Mica. Yes. And you, again, see that as some type of a
    deterrent or effective way to deal with the problem?
        Ms. Brooks. That's one way to deal with the problem. I
    think, again, it needs to be an approach that includes
    treatment providers as well as punishment, because,
    unfortunately, once people get addicted they feel like they
    have to--well, they do commit crimes to continue their habits,
    and if we can treat them for that issue----
        Mr. Mica. And separating them out----
        Ms. Brooks. And separating them out----
        Mr. Mica [continuing]. Between people who are addicted and
    committing crimes and people who are trafficking or dealing in
    deadly quantities.
        Ms. Brooks. Exactly.
        Mr. Mica. What about prosecution? Are you all going after,
    at the local level, the traffickers and dealers primarily, or
    are you focused on just the users?
        Ms. Brooks. We are focusing primarily on the dealers. There
    are certainly users that we target, but we focus on the mid-
    level dealers who are distributing the heroin.
        In King County, 1997 we had prosecutions to over 3,000. In
    1998, it went up to 3,200. I don't have the 1999 statistics,
    but it was believed that it would be about at that same level,
    so we are still prosecuting and it is increasing.
        Mr. Mica. And you said over 60 percent of those in your
    jails, local jails, are there because of drug-related offenses?
        Ms. Brooks. Yes.
        Mr. Mica. Are they there for a felony or for misdemeanors
    or combination? Again, how would you describe the people who
    end up incarcerated, small-time users?
        Ms. Brooks. I don't have the information in terms of if the
    60 percent are primarily felonies or misdemeanors, but I can
    tell you they are in there for a variety of reasons, from the
    petty shoplifts up to the major burglaries and assaults.
        Mr. Mica. But you would say that crime is a result of
    their----
        Ms. Brooks. The crime is a result of their addiction.
        Mr. Mica [continuing]. Addiction?
        Ms. Brooks. Yes.
        Mr. Mica. Well, we appreciate your testimony before this
    subcommittee.
        Mr. Medina, we also appreciate your coming before us.
        Did you have any final comments or recommendations? Again,
    I know you came a long way, but it is important that we focus
    on this problem, and we don't want another individual lost in
    our country or family affected the way you have had a horrible
    tragedy occur, so again we thank you for coming, for being a
    part of this.
        I thank both of you.
        On July 11th--just an announcement for the subcommittee--we
    will have Drug Czar Barry McCaffrey testifying on a second
    hearing relating to our drug education and national media
    campaign.
        There being no further business to come before this
    subcommittee, I'd like to excuse these witnesses. Thank you
    again for coming forward.
        The Subcommittee on Criminal Justice, Drug Policy, and
    Human Resources is adjourned.
        [Whereupon, at 11:44 a.m., the subcommittee was adjourned.]
        [Additional information submitted for the hearing record
    follows:]
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