[Senate Hearing 109-542]
[From the U.S. Government Publishing Office]
S. Hrg. 109-542
NOMINATION OF UTTAM DHILLON
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
ON THE
NOMINATION OF UTTAM DHILLON, TO BE DIRECTOR, OFFICE OF COUNTERNARCOTICS
ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY
__________
MARCH 31, 2006
__________
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware
LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota
ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey
PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas
JOHN W. WARNER, Virginia
Michael D. Bopp, Staff Director and Chief Counsel
Jennifer A. Hemingway, Professional Staff Member
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Adam R. Sedgewick, Minority Professional Staff Member
Trina Driessnack Tyrer, Chief Clerk
C O N T E N T S
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Opening statements:
Page
Senator Collins.............................................. 1
Senator Akaka................................................ 2
Senator Coburn............................................... 4
WITNESS
Friday, March 31, 2006
Uttam Dhillon, to be Director, Office of Counternarcotics
Enforcement, U.S. Department of Homeland Security:
Testimony.................................................... 5
Prepared statement........................................... 17
Biographical and professional information.................... 19
Letter from U.S. Office of Government Ethics................. 26
Responses to pre-hearing questions........................... 27
Responses to post-hearing questions.......................... 50
APPENDIX
Copy of a section of Public Law 107-296 submitted by Senator
Coburn......................................................... 53
NOMINATION OF UTTAM DHILLON
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Friday, March 31, 2006
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:04 a.m., in
room SD-342, Dirksen Senate Office Building, Hon. Susan M.
Collins, Chairman of the Committee, presiding.
Present: Senators Collins, Coburn, and Akaka.
OPENING STATEMENT OF CHAIRMAN COLLINS
Chairman Collins. The Committee will come to order.
Today, the Committee will consider the nomination of Uttam
Dhillon to be the first Director of the Office of
Counternarcotics Enforcement at the Department of Homeland
Security.
This office, established by the Homeland Security Act of
2002 and strengthened by the Intelligence Reform and Terrorism
Prevention Act of 2004, is a key component in our efforts to
prevent drug trafficking into the United States.
The Office of Counternarcotics Enforcement is charged with
coordinating policy and operations within the Department of
Homeland Security and among other Federal, State, and local
agencies engaged in stopping the flow of illegal drugs into the
United States.
From the personnel guarding our borders to the Coast Guard
ships at sea, it must ensure that the resources dedicated to
this effort are adequate and properly deployed. And it must
work effectively with governments of other nations that have
joined us in this vital effort.
The damage that illegal drugs inflict upon American
families justifies this concerted national effort. Add to that
the mounting evidence of direct links between drug trafficking
and terrorism financing and the effort takes on an even greater
urgency.
This link was recently brought into sharp focus by the
indictments of key leaders of the Revolutionary Armed Forces of
Colombia, or FARC. This was the largest narcotics trafficking
indictment in U.S. history, charging FARC leaders with
importing more than $25 billion worth of cocaine into our
country. Not only does FARC control some 60 percent of the
cocaine smuggled into the United States, but it is also
designated as a terrorist organization with documented ties to
another terrorist organization, Hezbollah. Against this power,
financial resources, and ruthlessness, we must mount the
strongest possible response.
Our enhanced counternarcotics efforts are producing
results. The interdiction of U.S.-bound cocaine has increased
substantially from 200 metric tons in 2001 to 285 metric tons
in 2004. Last year, U.S. Customs and Border Patrol officials
seized or destroyed a record-breaking $1.7 billion worth of
illegal drugs.
But traffickers are relentless in seeking to defeat our
efforts, and the nexus between illegal drugs and terrorism
remains.
Mr. Dhillon currently serves as Associate Deputy Attorney
General for the Department of Justice. Previously he served as
the Majority Chief Counsel and Deputy Staff Director for the
House counterpart for this Committee, the House Select
Committee on Homeland Security, and as Senior Investigative
Counsel for the House Government Reform Committee, our other
House counterpart.
Earlier in his career, he served as an Assistant U.S.
Attorney for the Central District of California. This
extraordinary experience appears to make him very well
qualified for the Director's position.
As Director, he would serve as Secretary Chertoff's chief
advisor on all counternarcotics issues. This position also
carries with it important responsibilities to coordinate
counternarcotics efforts across agencies at all levels of
government. As this Committee has learned during its
investigation into Hurricane Katrina, that is an area where the
Department needs to improve greatly. I look forward to Mr.
Dhillon's views on the policies and practices that are needed
to build an ever more unified and cooperative counternarcotics
structure.
Combating the scourge of illegal drugs is one of the
greatest challenges facing our Nation in an era of terrorism.
Now that we understand better the link between the proceeds of
drug trafficking and terrorism financing, the cause is more
urgent than ever before. I commend Mr. Dhillon for his
willingness to take on this important challenge.
Mr. Dhillon has filed responses to biographical and
financial questionnaires, answered prehearing questions
submitted by the Committee, and had his financial statements
reviewed by the Office of Government Ethics. Without objection,
this information will be made part of the hearing record with
the exception of the financial data, which are on file and
available for public inspection in the Committee's offices.
I am now very proud and pleased today to welcome my friend
and colleague, the Senator from Hawaii, Senator Akaka, who is
serving as the Ranking Member today.
Senator Akaka, I would invite you to give any opening
remarks.
OPENING STATEMENT OF SENATOR AKAKA
Senator Akaka. Thank you very much, Madam Chairman.
I want to tell you and tell all of those here that it is a
pleasure to work with our Chairman. She has been doing a
tremendous job for our country as Chairman of this Committee.
Mr. Dhillon, is that the right pronunciation?
Mr. Dhillon. Dhillon, yes.
Senator Akaka. I, too, want to welcome you and your family
to this Committee and thank you for your willingness to serve
our country.
You have been nominated to a new position where, as
Director of the Office of Counternarcotics Enforcement, you
will be the Secretary's chief adviser on all counternarcotics
related issues. When I see the word counter, I wish that were
to happen immediately, but it is something that we have been
working on for years.
You will head a small office with a limited budget.
Nonetheless, you will be expected to not only advise the
Secretary but also coordinate counternarcotics policies and
operations within DHS and with Federal, State, and local
agencies. And it is going to be tough. You are going to
recommend appropriate financial and personnel resources, track
and sever the connections between illegal drug trafficking and
terrorism, and represent DHS on all task forces and committees.
You will need to be forceful and effective. Drug
traffickers quickly adapt to changing circumstances. And let me
mention that, when I was in the House, I was with such a
committee. At that time and that year, which was in the 1980s,
we traveled to what was called the Golden Triangle and the
Golden Crescent. We talked to nations there. We talked to
nations in those areas to try to convince farmers to plant
crops that would benefit people. And even to the point of
trying to fund some of those programs.
When I say changing circumstances, what happened after we
convinced farmers that they should switch crops, the people who
were buying the poppies from the farmers raised the price. So
over the years we lost out on that.
And so I know it is difficult and the circumstances are
changing.
Likewise, Federal law enforcement entities must demonstrate
the same responsiveness and agility as they face these
challenges. Disrupting the illegal flow of narcotics into the
United States must be a top priority for the Department of
Homeland Security. Drug traffickers flout our Nation's laws and
do much to contribute to instability and violence at our
borders. The organized criminal organizations that flood the
United States with illegal drugs siphon billions of dollars
from our economy and wreck the lives of many of our citizens.
The social and economic problems caused by narcotics
trafficking are a matter of great concern for the people of my
State. More than two decades ago, we saw the first widespread
use of methamphetamine in Hawaii. Initially, the drug was
brought into our State by organized criminal groups from Asia.
Law enforcement had some significant successes in disrupting
their activities in Hawaii. Unfortunately, Asian suppliers have
largely been supplanted by organized criminal organizations
from Mexico and meth abuse has exploded again in Hawaii in
recent years and across our country, as well.
Hawaii has the highest meth usage rate in the Nation. This
drug abuse saps the productivity and energies of some of our
brightest and most promising young people, robbing them of the
experiences of youth and leaving them disadvantaged for the
future. And we are confronted with ever more alarming
statistics. Meth is a factor in 80 percent of the arrests for
violent crimes and domestic abuse in Hawaii.
Hospitals report that up to 20,000--and this was difficult
for me to believe--but 20,000 babies are born each year to
mothers addicted to meth, and the drug is present in 90 percent
of the homes where children are removed by Protective Services
because of abuse or neglect.
As disturbing as these statistics are, they still do not
show how truly destructive this drug is on the lives of too
many of our citizens. I am also reminded of an additional
troubling statistic. Law enforcement authorities tell us that
90 percent of the meth seized in Hawaii is transported into our
State through couriers on commercial flights, commercial
flights that originate on the West Coast or through package
delivery services.
It is incredible to consider that organized criminal
organizations operating out of Mexico control narcotics
trafficking more than 3,000 miles away in Hawaii. We know where
the narcotics are coming from. We know precisely where they are
going. And we know how the drugs are being transported.
Yet we have been unable to make a serious impact on this
illicit trade.
However, I am hopeful that we will see some improvement in
our ability to respond to this problem. The Department of
Homeland Security employs many of the men and women who are on
the front line against narcotics traffickers. Therefore, I am
interested in knowing your vision for developing policies for
combating the distribution of narcotics, both at our borders
and as illegal drugs are trafficked within our Nation.
I look forward, Madam Chairman, to hearing from Mr. Dhillon
on these issues and in working with you in the future.
Thank you very much, Madam Chairman.
Chairman Collins. Thank you, Senator. I am very pleased
that our colleague, Senator Coburn, has also joined us this
morning and I would call upon him for any opening remarks.
OPENING STATEMENT OF SENATOR COBURN
Senator Coburn. Thank you, Madam Chairman. I just have a
couple questions which I will direct during the appropriate
time.
I will note my significant concern with the fact that the
Department of Homeland Security is diverting drug interdiction
from the core role of Homeland Security. From the testimony in
the House in February, it is evident that what we are seeing is
something that does not follow the intent of Congress nor the
language specific in Congress when DHS was created. And I
intend to be very aggressive in raising that issue.
Because if it is not one of the core missions of Homeland
Security, and if it is not funded, and if it is not a priority
of security--which I believe it is--then it is going to suffer.
As Senator Akaka just outlined, the consequences of failing
to have great drug interdiction policies are manifest among the
most innocent in our society. And so I will be asking some
questions of our witness and our nominee about that, but I also
think it needs to go to a higher level because of the potential
loss of concentration and focus on this very important and
vital aspect of the Department of Homeland Security. Thank you.
Chairman Collins. Thank you.
Our Committee rules require that all witnesses at
nominations hearings give their testimony under oath. So Mr.
Dhillon, if you would please stand and raise your right hand I
will administer the oath.
Do you swear that the testimony you are about to give to
the Committee will be the truth, the whole truth, and nothing
but the truth, so help you, God?
Mr. Dhillon. I do.
Chairman Collins. Thank you.
Mr. Dhillon, I understand that you do have family members
here today, and I would invite you to introduce them to the
Committee at this time.
Mr. Dhillon. Thank you, Chairman Collins. I would like to
introduce my wife, Janet.
Chairman Collins. We welcome you to the Committee. Thank
you. At this time, I would ask that you proceed with your
opening statement.
TESTIMONY OF UTTAM DHILLON,\1\ TO BE DIRECTOR, OFFICE OF
COUNTERNARCOTICS ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND
SECURITY
Mr. Dhillon. Chairman Collins, Senator Akaka, and
distinguished Members of the Committee. I am honored to appear
before you today and I thank you for the opportunity to answer
the Committee's questions.
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\1\ The prepared statement of Mr. Dhillon appears in the Appendix
on page 17.
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On a personal note, I would also like to thank my wife,
Janet, who is here today and who, for more than 20 years of
marriage, has been a constant source of encouragement and
support.
I am honored by the confidence that President Bush has
shown in me by nominating me to be the first Director of the
Office of Counternarcotics Enforcement at the Department of
Homeland Security. And I am grateful to Secretary Chertoff for
recommending me for this important position.
Part of the Department of Homeland Security's primary
mission, as set forth in the Homeland Security Act of 2002, is
to ``monitor connections between illegal drug trafficking and
terrorism, coordinate efforts to sever such connections, and
otherwise contribute to efforts to interdict illegal drug
trafficking.''
In my view, the core responsibility of the Office of
Counternarcotics Enforcement is to ensure that the Department
of Homeland Security continues to successfully address this
critical element of its primary mission. And, through the
statutory responsibilities Congress has provided to the Office,
I believe that the Office is fully prepared to continue to do
so by, among other things, maintaining its practice of
conducting thorough and comprehensive reviews of the
Department's counternarcotics budget and activities and by
timely reporting its findings to Congress.
Additionally, as the primary policy adviser to the
Secretary for all counternarcotics issues within the Department
of Homeland Security, I will work to formulate counternarcotics
policies that will unify the Department's counternarcotics
efforts, fully maximize its counternarcotics resources to stop
the flow of illegal drugs into the United States, and promptly
address new and growing challenges, such as the increase in
methamphetamine trafficking.
If confirmed, I will draw upon my experience at the
Department of Justice and as a Congressional staff member to
ensure that the Office continues successfully to accomplish its
core mission. For the past 2\1/2\ years, I have served as an
associate deputy attorney general. I have had the privilege of
advising and assisting two deputy attorneys general in
formulating and implementing policies and programs at the
Department of Justice.
My current responsibilities include chairing the Attorney
General's Anti-Gang Coordination Committee, which has provided
me the opportunity to work with all of the Department's law
enforcement components in developing and implementing the
Department's anti-gang strategies.
From 1990 to 1997, I served as an Assistant U.S. Attorney
in Los Angeles. As an Assistant U.S. Attorney, I chose to
prosecute major narcotics cases because I believed then, as I
believe now, that aggressively fighting narcotics traffickers
must be one of our Nation's highest priorities.
As an Assistant U.S. Attorney and Organized Crime Drug
Enforcement Task Force prosecutor, I handled cases investigated
by the DEA, FBI, ATF, and legacy Customs and Immigration and
Naturalization Services. The investigations and cases for which
I was responsible largely targeted major narcotics traffickers
and money launderers, some of whom had links to foreign
narcotics traffickers.
Through handling these cases, I learned firsthand about
interdiction techniques used in undercover operations, how
intelligence is gathered through confidential informants and
others, and the importance of working with local law
enforcement officers within a Federal task force.
I also have experience as a Congressional staff member that
I believe will serve me well if confirmed. In 2003, I served as
Chief Counsel and Deputy Staff Director of the House Select
Committee on Homeland Security. As the Chief Counsel, I
provided legal advice on all matters before the Committee, and
as the Deputy Staff Director, I was responsible for various
administrative matters involved in running a Congressional
committee.
My Hill experience also includes serving as the Policy
Director for the House Policy Committee in 2002 and as a Senior
Investigative Counsel for the House Government Reform and
Oversight Committee from 1997 to 1998.
In conclusion, I believe that my background and experience
have prepared me to take on the unique and varied
responsibilities of the Director of the Office of
Counternarcotics Enforcement.
I would like to thank the Committee for taking the time to
consider my nomination. If confirmed, I will look forward to
working closely with Members of the Committee, the Committee
staff, and the Congress as a whole. Thank you.
Chairman Collins. Thank you, Mr. Dhillon.
I am going to start my questioning with the standard three
questions that we ask of all the nominees. First, is there
anything that you are aware of in your background that might
present a conflict of interest with the duties of the office to
which you have been nominated?
Mr. Dhillon. No.
Chairman Collins. Second, do you know of anything personal
or otherwise that would, in any way, prevent you from fully and
honorably discharging the responsibilities of the office?
Mr. Dhillon. No.
Chairman Collins. Third, do you agree without reservation
to respond to any reasonable summons to appear and testify
before any duly constituted committee of Congress if you are
confirmed?
Mr. Dhillon. Yes.
Chairman Collins. You passed that first round.
We are now going to have a round of questions of 6 minutes
each for the first round, and we will conduct additional rounds
as necessary.
First, let me say that last year more people died in the
State of Maine from illegal drugs than from automobile
accidents. That was a tragic and serious milestone for the
State of Maine.
What can be done to strengthen law enforcement efforts
across all levels of government? This is a mission that
requires cooperation and coordination at the Federal, State,
and local level if we are going to address the epidemic of
drugs in this country, which has spread even to a rural State
like Maine.
Mr. Dhillon. Chairman Collins, I think the first thing that
needs to be done is there needs to be coordination within
whatever agency is attacking the problem. So the first step
that I think needs to be taken is to ensure that there is
adequate coordination among all of the counternarcotics related
components within the Department of Homeland Security.
The next step, of course, is to ensure that there is
coordination between all of the counternarcotics related--such
as DEA--there is full coordination within the Federal
Government.
And then of course, the problem of attacking drugs cannot
be done only at the Federal level. It is critical that State
and local law enforcement also be included in that mission.
So I believe that the primary way to attack the drug
problem is to ensure that there is a concerted, coordinated
effort on the part of all Federal and all local law enforcement
in the particular area.
Additionally, I would say that many of these problems are
local in the sense that the local law enforcement best
understand how to attack the problem but do not necessarily
have the resources to do it. That is why I believe it is
critical that there be coordination with local law enforcement.
Chairman Collins. I think the Joint Terrorism Task Force
has been a very useful model for getting all levels of law
enforcement to work together. It has not been perfect, but it
has at least ensured that there is far more sharing of
information.
And as I said in my opening statement, the evidence is
becoming overwhelming of the link between the proceeds of drug
trafficking and terrorism financing. One has only to look at
Afghanistan or Colombia to see the funds produced from drug
trafficking being used to support terrorist attacks.
It seems to me we need to do more to break up that link.
That has the advantage not only of saving a great deal of
misery for families in our country from drug abuse problems,
but also of disrupting financial support for terrorist groups.
Is the Joint Terrorism Task Force working on that angle,
the link between drug trafficking and terrorism financing?
Mr. Dhillon. I cannot answer that question with any
specificity. I believe that is part of their mission. I will
say that it is within the statutory language creating the
Office of Counternarcotics Enforcement; it is one of the duties
of the Director to track and sever those connections using the
JTFF construct.
And if I am conformed as the Director, I will engage the
National JTTF to determine what is being done to track and
sever those connections and ensure that the Department of
Homeland Security is actively involved in that process. And I
believe the statutory language requires that the Office attack
that problem in a general way, also.
So we will work closely with the JTTFs to ensure that is
being done.
Chairman Collins. My next question I think refers to the
issue that Senator Coburn raised in his opening comments,
although I am not quite sure. I am concerned that the 2007 DHS
budget classifies the Coast Guard's counternarcotics funding as
non-homeland security mission funding.
I agree with Senator Coburn that this seems contrary to our
intent in crafting Section 888 of the Homeland Security Act,
and I would like to hear your comments on what the implications
of that change are.
Mr. Dhillon. My understanding is that occurred in the Coast
Guard budget, in one area of the Coast Guard budget. I do not
know much more than that, except to say that, if confirmed, I
will work with the Coast Guard, with the Department of Homeland
Security Budget Office, and with OMB to assess first, why that
change was made. And second, as part of the statutory
responsibilities of the Office, to determine if in fact that
change will have an adverse impact on the funding for
counternarcotics efforts within the Department of Homeland
Security and the operational activities of the counternarcotics
related components within the Department.
Chairman Collins. Let me say that I think it is clear it
will have an adverse impact, and it is on top of the Coast
Guard's budget request being some $18 million lower in the
Administration's proposed budget for drug interdiction than the
enacted amount last year. So that, too, is troubling.
I am going to pursue some other issues with you in the
second round.
Senator Akaka.
Senator Akaka. Thank you very much, Madam Chairman.
Mr. Dhillon, as I mentioned in my opening statement, I have
visited Asia and some of the trafficking centers on major
narcotic source regions of the world, such as the Golden
Triangle and the Golden Crescent.
Can you tell me and tell the Committee about some of your
objectives concerning the major narcotic source regions of the
world?
Mr. Dhillon. I think I would like to answer that question
by talking about the objectives I have for the Office and what
I view as the challenges facing the Office going forward.
I think in order to make the Office of Counternarcotics
Enforcement, to ensure that it is doing its job, I think there
are three short-term goals that we need to achieve. First is to
raise the profile of the Office within the Department of
Homeland Security and on the Hill, within Congress.
Second, is to grow and enhance a policy, full policy
office, within the Office of Counternarcotics Enforcement.
And third is to establish Department-wide counternarcotics
performance measures. The reason I am answering your question
by talking about the goals of the Office is because I think if
we achieve these goals we will be able to achieve the goals
that you are asking about.
I also think that there are some long-term goals the Office
needs to focus on. Maintaining an adequate Maritime Patrol
Aircraft fleet will be critical to counternarcotics
interdiction in the areas you are talking about.
And as I am sure you know the Department of Homeland
Security is faced with limitations with respect to its Maritime
Patrol Aircraft. If confirmed, I assure you that I will
prioritize identifying and recommending options that will
preserve MPA in the short-term, as well as focusing on long-
term ways to ensure that we have aircraft going forward.
The second important thing I think the Department and the
Office needs to focus on is coordinating counternarcotics
operations within the Department. It is critical that all of
the drug related components within the Department of Homeland
Security coordinate their efforts and cooperate with each
other. I think it is incumbent upon the Director of the Office
of Counternarcotics Enforcement to work closely to make sure
that happens. That would be the second long-term goal that I
think would benefit counternarcotics interdiction.
And third is improving Southwest border interdiction.
Although that was not specifically your question, I want to
point out that we have a 30 percent interdiction rate in the
drug transit zone but only a 5 percent interdiction rate in the
arrival zone. That is the Southwest border region, that
includes the Southwest border region.
That 5 percent interdiction rate, in my view, is too low,
and that will be one of our other long-term goals.
So I think if we achieve those short- and long-term goals
that will assist us in achieving the goals that you are
focusing on.
Senator Akaka. Thank you very much.
As you mentioned, those goals will be huge challenges. And
one of them, as you mentioned to the Chairman, is one of
coordination, and as you repeated, it is a huge challenge, not
only between agencies but between levels of government,
Federal, State, and local or county governments. So you have a
huge task ahead of you.
Mr. Dhillon, as I pointed out in my opening statement, and
I am repeating, it is incredible to consider that organized
criminal organizations operating out of Mexico control
narcotics trafficking more than 3,000 miles away to Hawaii. And
I said we know where the narcotics are coming from. We know
precisely where they are going. And we know how the drugs are
being transported.
Will you commit to reporting back to this Committee about
how we can do a better job of closing down the flow of meth to
Hawaii?
Mr. Dhillon. Yes, I will, Senator. I believe
methamphetamine trafficking is an important issue. It is an
issue of concern to me, and it will be an issue, if I am
confirmed, that the Office of Counternarcotics will focus on.
Senator Akaka. Mr. Dhillon, Larry Burnett, the Executive
Director of the Hawaii High Intensity Drug Trafficking Agency
remarked, and I am quoting him, ``The Central Valley of
California is such a large manufacturer of methamphetamine that
if it were a foreign country the United States would put
economic sanctions on it.''
Unfortunately, much of the methamphetamine produced in that
region finds its way to Hawaii. I know that you have some
familiarity with this area of California, both as a resident
and from prosecuting large drug cases in the State. What role
do you see for DHS in targeting and dismantling large-scale
operations like those found in the Central Valley of
California?
Mr. Dhillon. Senator, I actually think that looking forward
our biggest methamphetamine problem will come from foreign
countries. I recognize that historically that part of
California has been an area where methamphetamine is
manufactured. But I believe that legislation enacted by local
law enforcement and recently by Congress as part of the Patriot
Act will probably have a significant impact on the
methamphetamine production within this country.
As a result what we are seeing is increased methamphetamine
production outside of this country. And that, of course, is the
responsibility of the Department of Homeland Security to
interdict that methamphetamine.
So I believe the same practices we use to attack heroine
coming into this country and cocaine coming into this country
will, in the future, be the main way we have to attack the
methamphetamine problem.
Senator Akaka. Thank you very much. My time has expired.
I just want to also add my welcome to your wife to this
Committee. Thank you very much.
Chairman Collins. Thank you. Senator Coburn.
Senator Coburn. First of all, I think meth production in
this country is going to go way down with the new meth bill
that we put through. It is modeled on Oklahoma, and we saw
about a 95 percent decrease in local production. So our problem
with methamphetamine now is south of the border coming to
Oklahoma.
I want to go back to the question that the Chairman
mentioned, and that is the budget request by the Coast Guard
and the fact that drug interdiction is now a non-homeland
security focus. And I want to set it up by the fact that by
2016 in this country 64 percent of everything we spend in the
Federal Government will be mandatory spending, 17 percent at
that time will be interest charges at today's interest rates.
It will be higher than that if interest rates are higher. Which
leaves 19 percent of the total budget to do everything.
And when we take and down-prioritize drug interdiction by
what has been done in this budget request for the Coast Guard,
and we know budget cuts are coming--I mean there is no question
they are going to come--what it says is we are going to put
less emphasis on drug interdiction if it is made a non-homeland
security priority.
My question to you, as Director, how are you going to
change that and again make it part of the core mission of the
Coast Guard and make it to where it is not going to suffer a
disproportionate increase in cuts because it is so important to
everything else that we do?
Mr. Dhillon. Senator, the first thing I will do is I will
figure out why that occurred. I do not know the details of how
this occurred in the budget. I do not know that I would agree
that drug interdiction is now a non-homeland security function.
In my opening statement, I pointed out that it is one of the
primary missions of the Department of Homeland Security, as set
forth in the Homeland Security Act of 2002.
I recognize that there is a budget item, the Coast Guard
budget now places it in the non-homeland function, and I
recognize that that could create budget concerns going forward.
My pledge to you is that I will engage the leadership of
the Coast Guard, engage the leadership within the Office of
Management and Budget and the budget people within the
Department of Homeland Security to determine why this decision
was made, how it could be made in light of the statutory
language setting forth drug interdiction as one of the primary
responsibilities of the Department of Homeland Security and as
a Homeland function. I will certainly examine that and, as part
of my statutory responsibility, report to Congress on any
issues that are raised as a result of that, which means if
there were any operational deficiencies that occur or budget
deficiencies.
Senator Coburn. Madam Chairman, I would like to submit for
the record a portion of Public Law 107-296, Section 888 where
the Congress, with the President's signature, set Homeland
Security missions.\1\ One of those security missions is drug
interdiction. And that is the law.
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\1\ Copy of a section of Public Law 107-296 submitted by Senator
Coburn appears in the Appendix on page 53.
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And so the request from the Coast Guard actually violates
the law. It is my hope that you will be a fighter for this
because there is a real risk for drug interdiction if it is
outside as a non-homeland security mission.
And I do not think we are probably going to tolerate this
request in this year's budget and appropriations cycle as
submitted by the Coast Guard.
I am very much interested in High Intensity Drug
Trafficking areas and Byrne and JAG grants, and I would love to
hear your comment about local coordination with Byrne and JAG
grants. Because one of the ways we really handled
methamphetamine and continue to handle it in Oklahoma is
through Byrne and JAG grants.
Properly supervised, no money wasted, I want them to be run
right. But I would love your opinion on that because that is
coming under increased budget pressure, as well.
Mr. Dhillon. Senator, I am actually not that familiar with
the Byrne and JAG grants. With respect to working with local
law enforcement, I firmly believe that is the only way to fight
the narcotics problem and a number of law enforcement problems
that we attack from a Federal point of view.
I would be happy to educate myself more on that and, if
confirmed, discuss that in further detail with you at a later
time.
Senator Coburn. Thank you, Madam Chairman.
Chairman Collins. Mr. Dhillon, according to a recent GAO
report, the backbone of DHS's drug interdiction operations in
the transit zone is the fleet of Maritime Patrol Aircraft
operated by the Department of Defense, the Office of Air and
Marine Operations within Customs and Border Protection, and
foreign governments. Maritime patrol is also provided but at a
lesser extent by Coast Guard aircraft.
The GAO report highlighted the fact that both of these
fleets are aging, and they will need to be completely
overhauled or replaced soon.
In your answers to the Committee's prehearing questions you
indicated that you would ``optimize the performance of the
Department's efforts'' in order to meet the challenges
presented by the aging aircraft fleets.
I must say, I am always suspicious of words like optimize
because I do not know what that really means. So I am going to
ask you that question again.
There really is a problem when the Maritime Patrol Aircraft
are so aging that many of them are grounded for repairs
frequently. We have seen that with Coast Guard assets, as well.
What do you mean when you say that you are going to
``optimize the performance,'' given that the real problem is
that we need to make a capital investment?
Mr. Dhillon. There is a short-term and a long-term problem.
The short-term problem is we have to keep MPA in the air safely
for as long as we can. But as we know, planes can only fly for
so long. We then need a long-term solution. We need to look at
how we are going to maintain the MPA fleet going forward.
With respect to optimizing, we are capable, as I understand
it, of making up for MPA deficits through actionable
intelligence, and that has occurred. JITF South, using
intelligence they have been able to direct planes to locations
where narcotics traffickers are, avoiding flying around to
locate narcotics traffickers. So we are able to use
intelligence to make up for airtime deficits.
I will say this though, there is obviously a limit to how
much we can do that. And so we obviously have to use our
intelligence effectively. We have to use our fleet effectively.
But if I am confirmed as Director, one of the first things I
want to do is to determine what our MPA needs are, where the
deficits are, and to immediately begin to address that problem.
Because we cannot successfully interdict narcotics in the
transit zone without an effective MPA fleet.
Chairman Collins. Let us talk a little bit more about
actionable intelligence because you are right that it helps you
focus your resources. A November 2005 GAO report indicated that
the Joint Interagency Task Force South in Key West has been
able to detect less than one-third of the known and actionable
maritime illicit drug movements. More specifically, GAO found
that 76 percent of the known actionable maritime illicit drug
traffic movements between 2000 and 2005 were not acted on due
to lack of resources.
So here we have actionable intelligence which, as you just
pointed out, helps you focus your resources. But we have a GAO
report with alarming statistics, saying that 76 percent of
events could not be responded to.
Mr. Dhillon. Obviously in our assessment, and if I am
confirmed as Director, any assessment the Office does would
take into account the fact that there is actionable
intelligence that is not being acted on in determining what are
appropriate MPA levels.
I think one of the reasons that is happening is because DHS
now--there are inter-agency intelligence programs that have
enabled us to collect more intelligence over the years. And as
a result, we now have more actionable intelligence than we did
a few years ago.
Nonetheless, the Department of Homeland Security and JITF
South should be in a position to respond to as much actionable
intelligence as possible.
Chairman Collins. Thank you. Senator Akaka.
Senator Akaka. Thank you, Madam Chairman.
Mr. Dhillon, Honolulu International Airport is the primary
port of entry for meth transported into Hawaii. Ninety percent
of the meth seized in the State passes through this facility.
As you know, DHS includes agencies such as TSA, ICE and CBP
that all operate at Honolulu International Airport.
My question to you is how will you ensure that these DHS
components better coordinate their activities to curtail the
flow of illicit drugs?
Mr. Dhillon. I would draw upon my experience at the
Department of Justice chairing the Attorney General's Anti-Gang
Coordination Committee. The Attorney General tasked that
Committee with drawing together all of the anti-gang resources
within the Department of Justice and causing them to coordinate
with one another. And I believe that we have been successful in
doing that.
One of the things that we have learned is that no law
enforcement agency within the Department of Justice was an
anti-gang only law enforcement agency, just like no law
enforcement agency within the Department of Homeland Security
is a counternarcotics-only law enforcement agency.
Nonetheless, we were able to bring all of those agencies
together, have them segregate out their anti-gang activities,
and we now treat that and view those anti-gang activities as a
single kind of activity. And the agencies have actually come to
the point where I think they view the anti-gang activities as a
single activity.
We have done budget crosscuts for anti-gang efforts within
the Department so we know how much money we are spending on
them and that sort of thing.
I think the same thing goes for counternarcotics efforts
within the Department of Homeland Security. We need to bring
the counternarcotics-related components together. We need to
get them to talk about their counternarcotics mission together
and get them to realize that by working together they will be
more effective in their counternarcotics mission. So I think
that is how we bring them together.
Frankly, on the Honolulu Airport issue, my first reaction
to that is we may need to look at how many drug sniffing dogs
we have working at that airport. I do not know the answer to
that but they tend to be very effective. So that may be one of
the solutions to that problem.
Senator Akaka. Two things I want to mention. One of them is
to ask you to come to Hawaii and look at that airport.
Mr. Dhillon. I am delighted to do so, Senator.
Senator Coburn. I am trying to decrease travel.
Senator Akaka. And see for yourself what the problem is.
When I say 90 percent, that is really high. And we are looking
for a way of trying to turn this around. And your presence
there and looking at the components that are there, too, I am
sure will help.
Let me just point out to you that typically in Hawaii the
agencies talk to each other. And they do make a huge difference
in the results of what they do. And I think you will find that
to be true in Hawaii. So again I hope you can find time to come
Hawaii.
In your interview with Committee staff you noted that the
State and local resources are critical in disrupting the
transportation of narcotics. I do agree with you. The Hawaii
High Intensity Drug Trafficking Agency, as an example, has been
instrumental in bringing Federal, State, and local law
enforcement assets together to confront drug trafficking
organizations.
What would your role in working with State and local law
enforcement authorities be to enhance DHS's abilities in
counternarcotics enforcement?
Mr. Dhillon. With respect to working with State and locals,
it would be to encourage them to work with the State and locals
where appropriate.
ICE, for example, is part, I believe, of various task
forces that work with State and locals, and it is important
that they continue to do so. So it would be to encourage, to
the extent possible, the counternarcotics-related components
within the Department of Homeland Security to work with State
and local governments and to recognize that once again State
and locals often have a better understanding of their problems
and can assist us in fighting those problems.
So that would be my general approach to that.
Senator Akaka. Thank you very much for your responses.
Madam Chairman, my time is almost up.
Chairman Collins. Thank you.
Senator Akaka, I would note that in the nearly 10 years
that I have served on this Committee with you, never once has a
witness turned you down when you have invited them to come to
Hawaii.
Senator Akaka. I hope they will listen and they will be out
there to help our country. Thank you.
Chairman Collins. Senator Coburn.
Senator Coburn. I just have one other question and want
your viewpoint. Do you see counternarcotics as complementary to
counterterrorism or distracting from counterterrorism?
Mr. Dhillon. I see it as complementary, and I am glad you
asked that question, Senator, because I think one of the things
we do is we segregate that out. And it is important to realize
that everything we do at the border from an immigration point
of view, counterterrorism point of view, can also be
counternarcotics. And one of the things that I want to do is I
want to be sure that as we are setting forth policies within
the Department of Homeland Security on counterterrorism and on
other issues that we are remembering that it is very easy to
also ensure that the counternarcotics mission is being
achieved.
So I believe counternarcotics equals counterterrorism and
vice versa, and that is one of the messages I want to be
delivering to the Department of Homeland Security.
Senator Coburn. Thank you.
Madam Chairman, I have no additional questions.
Chairman Collins. Thank you.
Mr. Dhillon, I have a few additional questions, which I am
going to submit for the record. But let me just end by asking
you to describe for the Committee your experience as it relates
to counternarcotics enforcement, and specifically highlight any
on-the-ground operational experience that will assist you in
carrying out the duties of this office.
I think you have a great deal of experience and that we are
fortunate to have someone with your background, and I think
that it would be helpful to have that described for the
Committee and for the record.
Mr. Dhillon. I think my experience as an Assistant U.S.
Attorney will serve me very well. I am not sure it felt like an
on-the-ground experience at the time. The kind of cases I
handled were cases, for example, where narcotics were being
moved from Mexico to the United States.
The one case that I remember the most is an undercover
operation where undercover State and locals working in a DEA
task force were posing as truck drivers who were bringing
narcotics from Mexicali up through the Central Valley. And
through cases like that I learned a lot about how intelligence
is used to prosecute cases, but also how intelligence is used
to continue to develop leads to other narcotics traffickers.
So I believe that kind of experience will serve me very
well because I, frankly, have an understanding of what it takes
to actually put the bad guys in jail. And I also have a great
respect for working with State and local law enforcement. Most
of the cases I had had one or two Federal agents but almost all
of the people who I worked with were State and local law
enforcement, working as part of a task force.
I think my experience as an Associate Deputy Attorney
General will also serve me well. As I discussed earlier, the
Attorney General's Anti-Gang Coordination Committee, we have
been very operational. We have been very hands-on with the
Department of Justice law enforcement components. I have
assisted the Deputy Attorney General in crafting policies that
affect the entire Department of Justice, policies that require
that where there are multiple anti-gang task forces within a
certain city or location that they be co-located to ensure
coordination of intelligence and target deconfliction. And the
same goes for intelligence information systems.
So I have had the opportunity to work very closely with the
law enforcement components within the Department and to assist
the Deputy Attorney General in crafting policies, operational
policies that will ensure that there is coordination and
deconfliction and that all of the law enforcement components
within the Department are working together on the anti-gang
mission.
Chairman Collins. Thank you very much. I want to thank you
for appearing today and for your public service.
Without objection, the record will be kept open until 11
a.m. on Monday, April 3, for the submission of any written
questions or statements for the record.
I would advise you, Mr. Dhillon, that the fastest response
possible to those questions will help the Committee move your
nomination along. So I would encourage you to turn around those
questions very quickly for the Committee.
Thank you for your testimony.
This hearing is now adjourned.
[Whereupon, at 11 a.m., the Committee was adjourned.]
A P P E N D I X
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